Dublin Municipal Code Art. IV Sidewalks, Driveways, Curbs

It is declared to be unlawful for any person to repair or construct, or cause to be repaired or constructed by private contract in the city any sidewalk, driveway, curb, gutter, or paving, or to cut any curb for the purpose of constructing a driveway, or to begin excavation for the purpose of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first obtaining a permit as required in Article II of this chapter.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 35; Ord. 10-17 § 1 (part))

When a driveway shall permanently cease to be used, the curb cut therefor, and all or a portion of the driveway, as determined by the City Engineer, shall be removed and a standard curb, gutter, and sidewalk shall be constructed. The property owner shall remove the curb cut and driveway and construct a curb, gutter, and sidewalk, or cause same to be removed or constructed, within thirty (30) days of receiving written notice from the City Engineer to do so. Should the property owner fail to perform such work or cause it to be performed within said thirty (30) days, the City Engineer shall have such work done at the expense of the property owner. The provisions of this section shall apply to all existing driveways whether or not the use thereof was heretofore abandoned, as well as to all such driveways which are constructed after the effective date of the ordinance codified in this chapter.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 36; Ord. 10-17 § 1 (part))

When a driveway is determined by the City Council to cause a hazardous condition, the curb cut therefor, and all or a portion of the driveway as determined by the City Council, shall be removed and a standard curb, gutter and sidewalk shall be constructed. Prior to any action being taken on closure of a driveway under this section, the following conditions shall be met:

A. The City Council shall conduct a public hearing for the purpose of reviewing the recommendation for closure and shall determine whether the closure is appropriate.

B. An alternate source of access to the property shall be available or shall be provided by the city.

C. The city shall bear the expense of closure of the hazardous driveway and of providing any alternate access that is necessary. The city shall approve any plans, specifications and estimates prior to work being performed or shall contract for the work according to the terms of Chapter 2.36 (purchasing regulations).

(Ord. 7-93 § 1; Ord. 10-17 § 1 (part))

No building permit shall be issued under the terms of this code for construction, additions or remodeling on any lot, tract, or parcel of land on the street frontage of which the sidewalk, curb, or gutter is not complete, unless said building permit is accompanied by the issuance of a permit under the terms of this chapter for the completion of such improvements on the street frontage; except that if the City Engineer determines that it is in the public interest, he may waive all or a portion of the improvements required by the provisions of this section.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 37; Ord. 10-17 § 1 (part))

A. Definitions.

“Maintenance and repair of sidewalk area”

includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and replacement of sidewalks; repair and maintenance of sidewalks; repair and maintenance of curbs and gutters; removal of impervious paving materials from street tree planting strips, or other right-of-way landscape planters; removal of weeds and/or debris; tree root pruning and installing root barriers; trimming of shrubs and/or groundcover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs.

“Sidewalk”

shall have the same meaning as in Section 5600 of the California Streets and Highways Code, as it may hereafter be amended.

B. Maintenance and Repair of Sidewalks.

1. Obligation to Repair and Maintain. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will not interfere with the public convenience of said sidewalk area. The owners shall also pay the costs and expenses therefor. All work performed within the public right-of-way requires an encroachment permit pursuant to Section 7.04.390.

When, during the course of a development project’s lifetime, it is necessary to remove or reconstruct public street improvements (i.e., curb, gutter, sidewalk), such improvements shall be reconstructed to preserve or reestablish any previously existing landscape planter, when certain landscape improvements have been included in the planned development (PD) properties subject to PD restrictions shall preserve existing street trees and other landscaping to the extent possible, or shall install new landscaping subject to the review and approval of the City Engineer.

Subsequent to adoption of the ordinance codified in this article, any unauthorized work conducted within the public right-of-way landscape areas shall be brought into conformance with the intent and provisions of this article, and other applicable provisions of the Dublin Municipal Code pertaining to encroachments on city property. Such unauthorized work shall constitute a violation of this article and is punishable as an infraction.

C. Recovery of City’s Costs of Sidewalk Maintenance and Repair. Anything in this article to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the city may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state as the same is now in effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks. The required maintenance and repairs of sidewalk area must commence within thirty (30) days of notification. Costs recoverable by the city may include a charge for the city’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessment for the costs of maintenance and repair or the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments.

While maintenance and repair costs ultimately remain the property owner’s responsibility, a portion of the city’s annual budget is allocated for sidewalk repair and the city may choose to permanently repair certain sidewalks with such money.

D. Liability for Injuries to Public. The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and the street line, and any persons in possession of such lots by virtue of any permit or right shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner’s or possessor’s failure to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury.

E. Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the public’s use of such sidewalk, the person whose job it is to maintain streets shall notify the owner and person in possession that such sidewalk needs repair in the manner provided in Health and Safety Code Sections 5611 through 5614. If the owner does not fix the sidewalk within thirty (30) days, the city will fix the property and all costs may become a lien upon the property, pursuant to Section 7.04.500.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 38; Ord. 20-05 § 1; Ord. 10-17 § 1 (part))