Gustine Municipal Code Art. 2 Sidewalks, Curbs and Gutters

(a) Curbs, gutters, and sidewalks shall be constructed to the official grade in accordance with the plans and specifications as shown in this article and at locations marked on the map of the city. The necessary underground drainage to carry stormwater across the streets or along the streets into existing or new storm drains shall be included.

(b) All curbs, gutters, and sidewalks shall be laid to the official grades and at distances from the property lines as indicated on the plans or to match existing work. All curbs, gutters, and sidewalks shall be constructed of concrete built in accordance with the specifications adopted by the city.

(Code 1966, § 7-2.07)

The council shall adopt plans and/or specifications for the construction of sidewalks, curbs, and gutters within the city.

(Code 1966, § 7-2.07)

The contractor shall take all necessary measures to protect the work and prevent accidents during construction for which a permit is required by the provisions of this article. He shall provide and maintain all necessary barriers, guards, lights, or watchmen.

The contractor shall care for all the work for which a permit is required by this article until the final acceptance. He shall remove all surplus materials and rubbish from the work after completion and before he makes application for acceptance of the work.

It shall be unlawful for any person to construct and lay sidewalks, curbs, or gutters within the boundary lines of any street or thoroughfare which is open for public use within the city, or to alter, improve, enlarge, or demolish any existing sidewalks, or to cause any of such work to be done without first securing a permit from the council to construct and lay, alter, improve, enlarge, or demolish the same.

(Code 1966, § 7-2.01)

(a) Any person desiring to secure the permit required by this article shall file with the city clerk an application for such permit, addressed to the council. Such application shall contain, among other matters, a description of the land along which such sidewalk, curb, and/or gutter is proposed to be laid, either by lot, block, and tract or similar general description which shall readily identify and definitely locate the proposed sidewalk, curb, and/or gutter.

(b) Such application shall show the ownership of the land described in the application. If the land is owned by any other person than the applicant, the application shall be endorsed by such owner.

(c) It shall be the duty of the city clerk to present such application to the council at its next regular or adjourned regular meeting subsequent to the filing of the application.

(Code 1966, §§ 7-2.02, 7-2.03)

If the council approves the application and grants a permit for the construction and laying of such sidewalk, curb, and/or gutter, or any portion thereof, or the alteration, improvement enlargement, or the demolishing of any existing sidewalk, curb, and/or gutter, or any portion thereof, such permit shall be granted subject to the following conditions and requirements:

(1) All work done pursuant to the provisions of such permit shall be done under the supervision of the director of public works or such other person as the council may appoint for that purpose.

(2) All sidewalks, curbs, and gutters shall be laid in conformance with the established grade of the city.

(3) Sidewalks, curbs, and gutters shall be constructed of the materials and in accordance with the plans and specifications adopted by the council and currently in effect.

(4) All such work shall be done to the satisfaction of the director of public works or such other person as the council may appoint for that purpose.

(Code 1966, § 7-2.04)

It shall be the duty of the city clerk to issue a permit in accordance with the order of the council and to attach thereto a copy of the plans and specifications adopted by the council and currently in effect.

(Code 1966, § 7-2.05)

(a) Authority of the director of public works. If any work for which a permit is required by the provisions of this article is performed contrary to the requirements of this article, the director of public works or such other person who may have been appointed as provided in this article shall have the power to order the removal and/or replacement of such sidewalk, curb, and/or gutter, or any portion thereof, which violates the provisions of this article.

(b) Notice to permittee. Before ordering the removal and/or replacement of such sidewalk, curb, and/or gutter, a notice in writing ordering such removal shall be mailed to the permittee by depositing a copy of such notice in the United States Post Office, in a sealed envelope, postage prepaid, addressed to the permittee as his address is given on the application. If the permittee is not the owner of the property, a copy of the order shall also be mailed to the owner by depositing the same in the United States Post Office, in a sealed envelope, postage prepaid, addressed to the owner as his address appears upon the application on file with the city clerk.

(c) Removal and replacement by city. If, within ten days after the mailing of such notice, such sidewalk, curb, and/or gutter, or that portion thereof ordered to be removed, has not been removed and/or replaced, the director of public works or such other person who may be in charge shall have the power to remove and/or replace the same. Any cost incurred in moving and/or replacing the sidewalk, curb, and/or gutter, or any portion thereof, shall become a charge against the permittee. If the permittee is not the owner of the property, the charge shall be against both the permittee and the owner of the property, shall be secured by a lien against the property adjoining such sidewalk, curb, and/or gutter, and shall be collected as provided for the collection of taxes in the city.

(Code 1966, § 7-2.06)