Modesto Municipal Code Art. 1 General

It is recognized that provisions must be made for curbs, gutters and sidewalks along the street frontages of property and vehicular access to property from streets and alleys, and in doing so, due consideration must be given to on-street parking and to pedestrian and vehicular safety.

In establishing permissible driveways for access to private property, it shall be the policy of the City to authorize the same only where they are necessary and only where they will not unreasonably interfere with the rights of the public in the sidewalk area and in the adjacent street or alley, or unreasonably interfere with vehicular traffic, or unreasonably eliminate on-street parking spaces.

(Amended by Ord. 782-C.S., effective 5-11-66; Revision of Ord. 1086-N.S.)

(a) Curbline. "Curbline" is the line established by the curb face of a curb and gutter section. In those areas where curb and gutter do not exist, the Public Works Director shall determine the location of the curb and gutter from which the curbline will be established.

(b) Driveway. "Driveway" is the area required for vehicular access to a property across the sidewalk-planting strip.

(c) Encroachment. An "encroachment" is any permanent or temporary structure or appurtenance thereto, fence, hedge, planter, shrub, sprinkler system or any other thing which intrudes into, upon, over or under, or invades the sidewalk-planting strip.

(d) Planting Easement. "Planting easement" is that portion of land made available as a public easement for the purpose of planting and maintaining City street trees.

(e) Planting Strip. "Planting strip" is that portion of the sidewalk-planting strip not required for sidewalk, driveway or curb use.

(f) Sidewalk. "Sidewalk" is that portion of the sidewalk-planting strip established for pedestrian use. In those areas where a sidewalk does not exist, the Public Works Director shall define the location of the sidewalk area.

(g) Sidewalk-Planting Strip. As used in this chapter, "sidewalk-planting strip" is that portion of the street between the property line and the curbline.

(h) Street. "Street" is a thoroughfare which has been dedicated to or acquired by the public and which affords the principal means of access to abutting property; provided that utility and planting easements, walkways and alleys shall not be considered as streets for the purpose of this chapter.

(Amended by Ord. 782-C.S., Ord. 1645-C.S., § 1, Ord. 3130-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

(a) The following public facility encroachments shall be allowed within the sidewalk-planting strip: Above or below ground telephone, gas, electrical and cable television distribution facilities, streetlights, fire hydrants, fire alarms, street trees or other facilities of general public benefit. No person shall plant a tree in the planting strip or in the planting easement except as provided in Chapter 5 of Title 7 of this Code.

(b) The following encroachments or a combination thereof limited to a maximum of thirty-six (36) inches in height as measured from the top of the curb shall be allowed in residentially zoned areas without benefit of an encroachment permit within any planting strip not located between the sidewalk and the curbline:

(1) Fences;

(2) Hedges;

(3) Planters;

(4) Shrubs and landscaping materials;

(5) Sprinkler systems;

(6) Retaining walls;

(7) Earth berms.

(c) The following encroachments limited to a maximum of seventy-two (72) inches in height as measured from the top of the curb shall be allowed in residentially zoned areas without benefit of an encroachment permit within any planting strip not located between the sidewalk and the curbline and not located in the clear vision triangle, as defined in Section 10-2.2314 of this Code; provided that no portion of said encroachment shall overhang the sidewalk;

(1) Mailboxes;

(2) Lamps and lampposts.

(d) In residentially zoned areas where the planting strip is located between the sidewalk and the curbline, no encroachments shall be allowed without a permit other than plant life no higher than eighteen (18) inches as measured from the top of the curb, underground sprinkler systems and mailboxes; provided that no encroachment shall overhang the curb or sidewalk.

(e) Lawn only is allowed in the sidewalk area of the sidewalk-planting strip in those areas where a sidewalk has not been constructed.

(f) It shall be the property owner's responsibility to maintain the sidewalk-planting strip and any encroachments therein in a good state of repair at all times. The property owner shall hold the city harmless from all damages, costs and charges of any kind or character arising out of, relating to or in any way connected with the condition of the sidewalk-planting strip.

(Amended by Ord. 782-C.S., and Ord. 1645 C.S., § 1, effective 10-19-77)

(a) It shall be unlawful and punishable as an infraction for any person, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of any encroachment, as hereinabove defined, upon, over or under the sidewalk-planting strip, without an encroachment permit from the City of Modesto, granted as herein provided, unless such an encroachment is specifically allowed by Section 7-1.103 of this article.

(b) Any person, firm or corporation desiring to place, erect or maintain an encroachment in the sidewalk-planting strip which is not specifically allowed by Section 7-1.103 of this article shall make application for an encroachment permit at the office of the Public Works Director. The application shall be in writing on a form furnished by the City for that purpose and shall specify the information set forth in Section 7-1.106 of this article.

(c) The Public Works Director may issue permits for encroachments in the sidewalk-planting strip in accordance with resolutions passed by the Council from time to time which establish conditions under which the permit may be issued. In each case, the applicant shall agree in writing to the conditions of the permit. In the event that the Council has not established conditions for a particular type of encroachment, the application shall be submitted to the Council for action.

(d) The Council may require removal of any encroachment or may revoke any encroachment permit at any time. The Public Works Director shall give notice to remove or of revocation in the form and manner specified in subsection (h) of this section to the person maintaining said encroachment.

(e) Any person, firm or corporation whose property encroaches in any manner upon, over or under the sidewalk-planting strip, who is required to and has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the Public Works Director.

(f) In case of an immediate hazard or danger, the Public Works Director may cause such an encroachment to be summarily removed without notice.

(g) It shall be unlawful for a person, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of an encroachment upon, over or under the sidewalk-planting strip if an encroachment permit is required and has not been obtained, has expired or has been revoked and the time specified in the notice from the Public Works Director for removal of the same has expired.

(h) Notice of such removal shall be by registered or certified mail, addressed to the post office address of the owner or occupant of the premises where the encroachment exists, or by personal service of such notice upon the owner or occupant by a person authorized by the Public Works Director to deliver such notice. The time required for removal of such encroachment shall be specified in the notice.

(Amended by Ord. 782-C.S., Ord. 1645-C.S., § 1, Ord. 2605-C.S., § 1, Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

It shall be unlawful for any person to construct, repair or remove, or cause to be constructed or repaired or removed, in the City, any sidewalk, driveway, curb or curb and gutter without first obtaining a permit from the Public Works Director to do so. In no case, however, shall a permit be granted to construct sidewalks, curbs or curbs and gutters when the Council has instituted improvement proceedings under the general laws of the State relating to such work.

(Amended by Ord. 782-C.S., Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

Any person desiring a permit for the construction, repair or removal of any curb, gutter, sidewalk or driveway, or an encroachment, shall file with the Public Works Director an application therefor in writing on a form furnished by the City for that purpose. Such forms shall specify the following:

(a) The name and address of the applicant;

(b) The location of the property at which the proposed construction, removal, repair or encroachment is to be made or installed;

(c) The name of the person who will perform the work;

(d) The nature and dimensions of the proposed work; and

(e) Such additional information as the Public Works Director may require.

(Amended by Ord. 782-C.S., Ord. 1645-C.S., § 1, Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

All permits for the installation, construction, repair or removal of curbs, gutters, sidewalks, driveways or encroachments shall be readily available at the work site upon request.

(Amended by Ord. 782-C.S., and Ord. 1645-C.S., § 1, effective 10-19-77)

All fees for services performed by City personnel, as required by this chapter, shall be in accordance with a schedule of fees approved by the Council from time to time by resolutions and on file in the offices of the City Clerk and Public Works Director.

(Amended by Ord. 782-C.S., Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

Permittee shall be responsible for any and all claims and liabilities for damages caused by any of the work herein permitted or caused by permittee's failure to perform his or her obligations under the permit. In the event any such claim or liability for damages is made against or imposed upon the City or any department, officer or employee thereof, permittee shall and by acceptance of the permit agrees to defend, indemnify and hold each of them harmless from such claim or liability. Each street improvements permittee shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager, except property owners constructing, repairing or removing any curb, gutter, sidewalk or driveway themselves along the street frontages of property owned by them. Insurance amounts shall be set forth from time to time by resolution of the City Council.

(Amended by Ord. 782-C.S., Ord. 1220-C.S., Ord. 2898-C.S., § 1, Ord. 3071-C.S., § 1, and Ord. 3420-C.S., § 1, effective 10-5-06)

If permittee fails, in the opinion of the Public Works Director, to comply with the provisions hereof or the conditions of any permit, the Director may refuse to grant and may withhold issuance of any subsequent permits to permittee until the latter has paid all costs due City for prior permits and has posted with the City a cash bond in the sum of five hundred dollars ($500.00), which bond or any part thereof shall be used as follows:

(a) To pay the actual cost of work completed by the Public Works Director in connection with any permit issued, including overhead costs.

(b) To pay the actual cost of work done by the Public Works Director to repair or restore any public improvements damaged or destroyed by permittee during the course of any operations performed under any permit, including overhead costs.

(c) To pay the actual cost of placing lighted barricades placed on or about the permittee's work, including overhead costs, and the costs of the furnishing by City of any other safety barricades or warnings in connection with any permit issued.

(Amended by Ord. 782-C.S., Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

Permittee shall be entitled to refund in whole or in part, as the case may be, of any cash bond posted with City pursuant to this chapter when all work to be done by permittee under permit issued prior to or subsequent to posting of said bond has been completed by permittee and has been approved or completed by City, from which bond shall be first deducted all amounts due City under the terms of said bond and all amounts which may otherwise be due City pursuant to this chapter.

(Amended by Ord. 782-C.S., effective 5-11-66)

(Amended by Ord. 782-C.S., repealed by Ord. 1645-C.S., effective 10-19-77)