McFarland Municipal Code Ch. 12.04 Sidewalk and Driveway Construction

The ordinance codified in this chapter is adopted and established to serve the public health, safety, comfort and general welfare of the citizens of the city.

(Ord. 170 § 1.00, 1978)

For the purpose of this chapter certain terms and words are defined as provided in this section:

A. "Council" means the city council of the city.

B. "Inspector" means the city manager of the city or his appointed representative.

(Ord. 170 §§ 2.00— 2.02, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

A. Neither an approval nor a permit granted by the city shall constitute permission or authority, or be interpreted as a waiver, for the violation of any statute, ordinance or regulation.

B. Neither the city nor its officers or employees shall assume any liability for structural or construction defects through the administration or enforcement of this chapter.

(Ord. 170 §§ 3.00, 3.01, 1978)

A. Permits. No person as principal, servant, agent or employee shall construct any sidewalk, driveway or driveway approach without having a valid permit from the city.

B. Permit Procedure. The city clerk shall provide an informational document covering permits required by this chapter.

C. Application for Permit. Every person proposing to construct any sidewalk, driveway or driveway approach shall, before commencing, apply to the city clerk for a permit to do so. If the application shows compliance with this chapter, zoning regulations and other applicable laws to the proposed work, including conformance with applicable contractors' licensing regulations, the city clerk shall issue the permit. A permit issued under this subsection shall expire on the ninetieth calendar day after the date of issuance if work has not been started and reasonable progress toward completion is not maintained, except that the city clerk may extend the permit when warranted.

D. Permit Fee. A permit fee shall be established by the city council by resolution and shall accompany the application.

E. Inspections. The inspector may conduct inspections at any time to ensure compliance with the regulations of this chapter.

F. Mandatory Inspections. The city manager may prescribe mandatory inspections of projects on which he deems necessary. The stage at which each inspection is required shall be set forth in the permit. It shall be unlawful for any person to continue work on a project past the stage at which inspection has been prescribed pursuant to this subsection until such inspection by the inspector has been completed or waived.

G. Stop Work Order. Whenever the construction or reconstruction is being carried out contrary to the requirements of this chapter, the inspector shall order work to stop by posting a notice to desist at the construction site. No further work shall be done until the inspector determines that the necessary corrections have been made.

(Ord. 170 §§ 4.00—4.06, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

A. Standards shall be those standards adopted by the city council, and any amendments to those standards as may be adopted from time to time.

B. The city clerk shall make these standards available to the public. Copies of these standards may be obtained at City Hall, 401 Kern Avenue, during normal business hours.

(Ord. 170 §§ 5.00, 5.01, 1978)

Any person whose application for a permit has been denied or whose permit, once issued, has been revoked or suspended may within ten days following the receipt of the notice of the denial, suspension or revocation, file an appeal in writing to the city clerk. The appeal shall specify the grounds upon which the appeal is taken. The city clerk shall then proceed to set the matter for hearing, not later than thirty days after receipt of the notice to appeal. Such appeal shall stay the effect of any order or action until the city council hears the appeal and issues its order to either affirm, overrule or modify the action of the inspector. Notice of the day, time and place of the hearing shall be given to the general public and mailed to the appealing party at least two weeks prior to the hearing. The decision of the council shall be final.

(Ord. 170 §6.02, 1978)

The inspector may at any reasonable time enter the construction site for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated.

(Ord. 170 §6.00, 1978)

Any person violating any provision of this chapter shall be guilty of a misdemeanor, which is punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 170 §6.01, 1978)