Lafayette Municipal Code Ch. 8-20 Maintenance Responsibility for Driveway Culverts

The owners of a parcel of real property which has access to a public right-of-way over an area having a driveway culvert is responsible for the maintenance and repair of the driveway culvert.

(Ord. 495 § 1 (part), 1998)

If the owner of a parcel of real property described in Section 8-2001 is not the person in possession, the person in possession of the real property is jointly and severally liable for complying with the responsibilities and the duties imposed by this chapter.

(Ord. 495 § 1 (part), 1998)

A person responsible for the maintenance and repair of a driveway culvert under this chapter is under a duty to members of the public, to the city and to adjacent properties to maintain the driveway culvert in a hydraulically adequate condition, which meets the standards established by the city engineer. In making an alteration to an area within which a driveway culvert is located, the person responsible must use ordinary care in making the alteration and in keeping the altered portion in a reasonably safe condition. Work in the public right-of-way requires an encroachment permit. The failure of a person to fulfill a duty imposed by this section is negligent and is liable to a person injured or for damages to property as a result of that negligence.

(Ord. 495 § 1 (part), 1998)

A violation of Section 8-2001 or 8-2003 is a public nuisance. A person who maintains, permits or allows the condition of a driveway culvert to exist contrary to the conditions described in Section 8-2001 or 8-2003 is subject to Penal Code Section 373a, Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773 and Sections 1-701 through 1-713 in this code.

(Ord. 495 § 1 (part), 1998)