Merced Municipal Code Ch. 12.24 Construction and Removal

No person shall construct any sidewalk, curb, gutter or other work or improvement within, along, upon or under any of the streets of tile city, without the owner first having received a permit to do so from the city engineer.

(Prior code § 24.41).

The city engineer may grant any permit for any such work provided for in this chapter, where, in the opinion of the city engineer, such work may not result in the creation of a hazard to public peace, health or safety or may not create or constitute a public nuisance.

(Prior code § 24.42).

Application for the permit required in this chapter shall be made in writing to the city engineer and shall contain the following information: the name of the property owner, his mailing address, the official description of his property adjacent to which the work is proposed to be done and a brief description of the proposed work.

(Prior code § 24.43).

Before any permit is issued for doing work under this chapter, there shall be paid to the city as a deposit toward the fee for issuing the permit, an amount established by the city engineer sufficient to cover estimated engineering and inspection costs for the authorized work. Upon completion of the work, the finance officer shall determine the actual engineering and inspection costs incurred by city in support of such work. Any moneys due the city shall be paid prior to final acceptance of the work. In the event the deposit exceeds the actual cost, the difference shall be refunded to the applicant.

(Ord. 1223 § 2, 1978: prior code § 24.45).

No application for a permit under this chapter shall be considered, nor any permit issued by the city engineer for any such work within the area included in any improvement district after the city council has passed any resolution of intention to do such work under an improvement district proceeding.

(Prior code § 24.46).

For reasons of pedestrian and traffic safety it is the intent of this chapter to limit the number, the length and the location of curb openings. It is unlawful for any person to remove or open any curb or portion thereof on any of the streets of the city; provided, however, that curbs within the city may be removed or opened for the purpose of constructing a standard driveway, as defined in Section 12.24.180, for property contiguous thereto, after a permit to do so has been obtained from the city engineer.

(Prior code § 24.47).

Permits for the removal or opening of curbs or portions thereof may be issued by the city engineer, of the city for the purpose of providing driveways from streets onto the property contiguous thereto, limited, however, as provided in this chapter. When a permit is issued in accordance with this chapter, the applicant shall remove the curb specified within the permit and shall then immediately construct a standard driveway.

(Prior code § 24.48).

No more than twenty feet of any curb shall be removed or left open for the purpose of providing a driveway for any residence. Where the street frontage of any lot exceeds seventy-five feet, a permit may be issued for two separate driveways. The combined length of curb to be removed for the two driveways shall not exceed twenty-four feet.

(Prior code § 24.50).

A. No more than thirty feet of any curb shall be removed or left open for any single commercial driveway; provided, however, that in no event shall the total length of curb left open for all driveways exceed fifty per cent of the frontage of the property occupied by the business.

B. On a corner lot the amount of curb left open for driveway purposes along one street frontage shall not exceed fifty per cent of the frontage along the street.

(Prior code § 24.50.1).

There shall be no limit to the amount of curb to be left open for any driveway in an industrial zone where the property contiguous thereto is used for industrial purposes, subject, however, to the conditions set forth in Section 12.24.130.

(Prior code § 24.50.2).

There shall be paid to the city a deposit in the amount determined by the city engineer as sufficient to cover the estimated cost of engineering and inspection of said public improvements. Upon completion of the work, the finance officer shall determine the actual costs to the city of such engineering and inspection. Final acceptance of the work shall be withheld until all moneys due the city are paid. In the event the deposit exceeds the actual costs incurred by the city, the finance officer shall refund the difference to the applicant.

(Ord. 1223 § 3, 1978: prior code § 24.51).

The city engineer may issue permits for the removal of curb in addition to the amount specified in Sections 12.24.080, 12.24.090, and 12.24.100 only after being authorized to do so by the city council.

(Prior code § 24.52).

In any permit issued by him, the city engineer shall designate the portion of curb to be removed or left open. The city engineer may deny the permit for the removal of the curb within the curb return area created by the prolongation of the property lines within two feet of any fire hydrant, within two feet of any catch basin or drainage structure, or in other locations where the construction of the driveway conflicts with the public use of the street right-of-way.

(Prior code § 24.53).

Every person desiring a permit to remove or leave open a curb under the provisions of this chapter shall first present a written application therefor to the city engineer. The application shall be upon a form provided by the city.

(Prior code § 24.54).

All permits issued by the city engineer under the provisions of this chapter shall be signed by the city engineer, or his duly authorized representative, and shall set forth among other things the following:

A. Name of the person to whom the permit is granted;

B. Location of the premises to which the driveway is leading;

C. The number of feet and the location of the curb to be removed or left open;

D. The amount of fees paid.

(Prior code § 24.55).

All fees paid to the city engineer under the provisions of this chapter shall be paid by him to the city finance officer.

(Prior code § 24.56).

No grade or line for any sidewalk, curb, gutter or other work, as described in this chapter, to be done within, along, upon or under the streets of the city, shall be set by any person other than the city engineer or his authorized representative, or some competent person designated by him.

(Prior code § 24.44).

"Standard driveway," as used in this chapter, means a driveway constructed in accordance with the standard drawing prepared by the city engineer and on file in the office of the city engineer.

(Prior code § 24.49).