National City Municipal Code Ch. 13.04 Construction and Repair of Streets and Sidewalks

All sidewalks and curbs hereafter constructed within the city, the construction of which is financed either in whole or in part by funds derived from gas tax revenue shall be constructed according to the standard specifications of the state of California, Department of Public Works, Division of Highways existing and in force at the time the project is advertised for bids. Except as heretofore provided, all other sidewalks and curbs hereafter constructed within said city shall be constructed in accordance with the specifications designated in this chapter.

(Ord. 790 § 1, 1950: Ord. 734 § 2, 1947)

The work to be done shall include the furnishing of all labor, material and equipment necessary for or appurtenant to the construction and completion of all sidewalk and curb shown on, and in accordance with, the plans, profiles and cross sections, approved by the city council of said city and on file in the office of the city engineer, and to conform to the lines, levels and official grade of the street upon which said work is to be constructed. The work shall be done in a thorough workmanlike manner and to the satisfaction of the superintendent of streets.

(Ord. 734 § 3, 1947)

If work is to be done under a public contract bidders must examine and judge for themselves as to the location of the proposed work, the nature of the material to be excavated, and the work to be done.

(Ord. 734 § 4, 1947)

The contractor shall give twenty-four hours notice in writing when he will require the services of the city engineer for laying out any portion of the work. The contractor shall preserve all stakes set for lines, grades or measurement of the work or any street monuments encountered, in their proper places until authorized to remove them by the city engineer. Any expense incurred in replacing said stakes, which the contractor may have failed to preserve, shall be borne by the contractor.

(Ord. 734 § 5, 1947)

The contractor shall prosecute work only in the presence of an inspector or authorized representative of the superintendent of streets, and any work done in the absence of said inspector will be subject to rejection. The contractor shall make written application for an inspector at least twenty-four hours before his services are required on the work. The contractor shall furnish the engineer and inspector reasonable facilities for obtaining full information respecting the progress and manner of the work.

(Ord. 734 § 6, 1947)

All materials must be of specified quality and fully equal to samples and the contractor shall furnish to the city engineer for test, whenever requested and free of charge, samples of all materials proposed to be used in the work. Any rejected material must be immediately removed from the work by the contractor and shall not again be brought upon the work.

(Ord. 734 § 7, 1947)

Any superintendent, foreman, laborer or other person employed on the work by the contractor, who fails or refuses to perform the work in the manner specified herein, shall be discharged immediately and shall not again be employed on the work.

(Ord. 734 § 8, 1947)

The contractor shall remove, at his own expense, all trees, stone, debris or other obstructions of whatever kind or character, either natural or artificial, where required for the proper completion of the work.

(Ord. 734 § 9, 1947)

The contractor shall observe all the ordinances of the city in relation to the obstruction of streets, keeping open passage-ways and protecting the same where they are exposed or dangerous to travel. He shall also comply with all applicable federal and state laws under which he is operating, including those concerning the inspection of equipment and insurance regulations.

(Ord. 734 § 10, 1947)

The contractor shall take all necessary measures to protect the work and prevent accidents during construction. He shall provide and maintain all necessary barriers, guards, temporary bridges and lights.

(Ord. 734 § 11, 1947)

In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will, upon proper application by the contractor, be notified by the superintendent of streets to move such property within two days, and the contractor shall not interfere with said property until after the expiration of the time specified.

(Ord. 734 § 12, 1947)

The contractor shall care for all work until final completion and acceptance. All damage done to existing improvements by the contractor shall be repaired by him. He shall remove all surplus material and rubbish from the work after its completion, and before he makes application for acceptance of the work.

(Ord. 734 § 13, 1947)

No work which is defective in its construction or in any of the requirements of these specifications will be considered as accepted in consequence of the failure of any employee of the city, or inspector connected with the work, to point out said defects or deficiency during construction. The contractor shall correct any imperfect work whenever discovered, before the final acceptance of the work. In case the contractor neglects or refuses to remove any rejected work or material, after written notice from the superintendent of streets to do so, such rejected work or material shall be removed and replaced by the superintendent of streets at the expense of the contractor.

(Ord. 734 § 14, 1947)

All loss or damage arising from any unforseen obstruction or difficulties either natural or artificial which may be encountered in the prosecution of the work, or from any action of the elements prior to the final acceptance of the work, or from any act or omission not authorized by these specifications, on the part of the contractor or any agent or person employed by him, shall be sustained by the contractor.

(Ord. 734 § 15, 1947)

The contractor shall notify the superintendent of streets when he desires a final inspection of the work. The superintendent of streets will, as soon thereafter as possible, make the necessary examination. If the work is found to be in compliance with these specifications, and to his satisfaction, he will furnish the contractor with a certificate to that effect.

(Ord. 734 § 16, 1947)

A. The screens one-fourth inch and larger, herein specified, shall be held to have round openings and all screens smaller than one-fourth inch shall be held to have square openings, as:

1. One inch and one-fourth inch screens shall have, respectively, one inch and one-fourth inch diameter round openings; and

2. Twenty mesh, thirty mesh, one hundred mesh and two hundred mesh screens shall have respectively, four hundred, nine hundred, ten thousand and forty thousand square openings per square inch.

B. Whenever the word "contractor" is used in these specifications it refers to the party or parties of the second part in the agreement for the construction of the work.

C. The words "superintendent of streets" or "city engineer" refer respectively, to the superintendent of streets or the city engineer of the city of National City or their authorized agents or inspectors.

(Ord. 734 § 17, 1947)

A. Cement. The cement used shall be Portland cement, shall conform to the following conditions and be subject to the following tests:

1. Fineness. It shall leave by weight, a residue of not more than eight percent on the one hundred mesh screen and not more than twenty-five percent on the two hundred mesh screen.

2. Time of Setting. It shall develop initial set in not less than thirty minutes and hard set in not less than one hour, nor more than ten hours.

3. Constancy of Volume. Pats of neat cement about three inches in diameter, one-half inch thick at the center, and tapering to a thin edge, shall be kept in moist air for a period of twenty-four hours and then subjected to the following tests: One pat shall be kept in air at normal temperature and observed for at least twenty-eight days; one pat shall be kept in water maintained at as near seventy degrees Fahrenheit as practicable, and observed at intervals for at least twenty-eight days; one pat shall be exposed in an atmosphere of steam, above boiling water, in a loosely closed vessel for five hours. These pats, to satisfactorily pass the requirements shall remain firm and hard and show no signs of distortion, checking, cracking or disintegrating.

4. Tensile Strength. The minimum requirements for tensile strength for briquettes one-inch square in section shall be within the following limits, and shall show no retrogression in strength within the periods specified.

5. Cement shall be received on the job—in sacks filled at the cement factory and each containing not less than ninety-four pounds net, of cement. Said sack of cement shall be deemed to have a volume of one cubic foot. The city engineer shall have authority to require any lot of cement to be held in storage until seven day tests can be completed.

B. Sand. The sand used shall be clean, sharp, fresh water sand free from loam, oil, mica, clay, vegetable matter or dirt. To be satisfactory the sand shall not contain more than five percent, by volume, of silt. Any material which will pass a one hundred mesh screen will be considered as silt.

C. Gravel or Crushed Rock. The gravel or crushed rock shall be clean, hard and shall be retained on a one-fourth inch mesh screen and shall all pass through a one inch mesh screen. It shall be well graded from the fine to the coarse.

(Ord. 734 § 18, 1947)

A. Mixing Materials. Concrete materials shall be mixed in approved mixing equipment of the stationary plant type, paver type or truck mixer type. Neither speed nor volume capacity of the mixer shall exceed those recommended by the manufacturer. Mixing shall continue a minimum of one minute after all materials are in the mixer.

B. Grading. Grading shall include all cuts or fills necessary to bring the area occupied by the sidewalk and curb to the proper subgrade. The space over which fills are to be made shall be broken up in order to allow new material to unite with the old. All filling shall be done with good sound earth and no material of a lumpy, perishable, spongy or otherwise improper nature shall be used. Fills shall be placed in layers not exceeding four inches in thickness, dampened, and then compacted with heavy iron tampers. The contractor shall remove all roots encountered to a depth of six inches below subgrade and to a similar distance on all sides. When mud or other soft or spongy material is encountered it shall be removed and the space refilled with good earth which shall be placed in layers and compacted as above specified for fills. The contractor will not be required to excavate mud or soft material to a depth greater than two feet below grade.

C. Sidewalks.

1. Dimensions. All sidewalks shall be four inches thick and five feet in width, excepting adjoining property used for business purposes, where at the option of the property owner the walk may extend in width from the property line to the curb. Whenever the owner of business property exercises the option herein provided for, such option shall be exercised by communication signed by such property owner and filed with the city council prior to the passage of the resolution of intention. All sidewalks, except adjoining business property shall be placed two feet from the property line, unless otherwise approved by the city council.

2. Concrete Proportions. Sidewalks shall be constructed of Portland cement concrete in one course. The concrete shall .be made of the following proportions:

a. One part of Portland cement,

b. Two and one-half parts of sand,

c. Four parts of gravel or broken stone.

All proportions of materials shall be made by actual measurements in boxes or wheelbarrows.

3. Mixing and Placing Concrete. The concrete shall be mixed as specified in Section 13.04.190 and enough water shall be used to make a fairly sloppy mixture. It shall then be spread upon the prepared subgrade, well spaded next to the side forms and then lightly tamped and struck off with a straight edge resting on the tops of the side forms. The surface shall then be floated with a steel float to remove irregularities and secure an even and uniform surface. After sufficient time to allow the concrete to reach the proper consistency the surface of the walk shall be jointed transversely approximately every three feet. After all water has left the surface of the concrete it shall be lightly brushed with a soft hair brush to secure as smooth and uniform a surface as possible. Before placing any concrete sidewalk on an adobe subgrade a cushion of one half inch of sand shall be spread over same. All subgrade shall be thoroughly wet before placing concrete. Expansion joints shall be placed in sidewalks not to exceed twenty-one feet apart and shall be formed by inserting a one-fourth inch preformed asphalt impregnated joint material. Sidewalks shall be cured by ponding the surface with water or by covering with earth and keeping them wet for a period of ten days.

4. Side Grade. There shall be a drop of one-fourth inch per foot in the grade of the sidewalk from the property line to the top of the curb.

D. Curb.

1. Dimensions. All curb shall be six inches wide on top, eight inches wide on the bottom and sixteen inches deep, having a batter of two inches on the street side, unless otherwise approved by the city council.

2. Concrete Proportions. Curbs shall be constructed of Portland cement concrete and a cement plaster finishing coat. The concrete for the body of the curb shall be composed of materials in the same proportions as specified for sidewalks. The cement plaster finishing coat shall be made of the following proportions: One part Portland cement and two parts of sand.

3. Mixing and Placing Concrete. The concrete and plaster shall be mixed as specified in Section 13.04.190. The concrete of the body of the curb may be mixed with less water than specified for sidewalk; but enough water shall be used to secure a workable mix such that free water will rise to the surface when the concrete is tamped into the forms.

It shall then be placed into substantial forms and well tamped. After the concrete has set sufficiently to be uninjured, the forms shall be removed and a plaster coat at least one-quarter of an inch thick shall be placed on the street face and the top of the curb and well troweled to secure a smooth and uniform finish. The curb shall then be jointed off into blocks approximately three feet long. The upper edge of the curb, next to the street, shall be tooled rounded to one-inch radius.

(Ord. 734 § 19, 1947)

Any person desiring to install a surface other than concrete, such as a surface composed of a plastic or other substance, upon a sidewalk adjacent to or across property located within the city shall first obtain a permit from the city council. Such permit shall not be granted until the surfacing proposed to be installed shall first meet such requirements and pass such tests as may be required by the director of public works and approved by the city council, and shall not be granted until the owner of the real property adjacent to or upon which the sidewalk proposed to be so surfaced shall have filed with the city clerk a notarized statement verifying that such person is the owner of the said real property; that he shall meet and satisfy all installation instructions and directions specified by the manufacturer of such surfacing; that such person, his heirs or assigns, shall indemnify and hold harmless the city, its officers, agents and employees, from any and all liabilities arising from or as a result of the installation of such surfacing; and further, that such person shall take immediate corrective measures in the event the installation of such surfacing or the condition of such surfacing, should become a hazard to the public safety as determined by the director of public works and approved by the city council.

(Ord. 1047 § 1, 1962: Ord. 734 § 19a, 1947)

It is unlawful for any person, firm or corporation to cut, break, remove, construct or install any curb, gutter, sidewalk or driveway on any public street or alley in the city without first obtaining either a commercial or homeowners' driveway, sidewalk and/or curb public improvement permit from the city engineer to do so.

(Ord. 1473 § 1, 1975)

No such improvement permit issued under Section 13.04.210 shall be in conflict with the following regulations:

A. The maximum width of any driveway shall be not more than thirty-five feet, as measured at the top of the curbing.

B. The minimum distance between driveways serving the same lot or parcel of land shall be not less than twenty-five feet, as measured at the top of the curbing.

C. No driveway shall exceed forty percent of the frontage upon any street of the lot or parcel of land to be served.

D. No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants or utility poles. No driveway shall be placed nearer than five feet, as measured from beginning of the curb depression, to the beginning of a curb return at an intersecting street.

E. No driveway curb depression shall begin nearer than eleven feet from the property line projected to the curb, other than the minimum width driveways in residential areas.

F. No permit shall be issued to remove any curbing where it is the intent of the applicant to install a curb depression, unless between curb and property line a concrete driveway of six-inch thickness is to be installed.

G. Upon issuance of a driveway public improvement permit the permittee agrees as a condition to accepting said permit that he, his assigns or successors owning or having owned the property to be served thereby shall replace such driveway with standard curb and sidewalk, if and when abandoned.

Any abandoned driveway shall be removed and replaced with curb and sidewalk upon direction of the city engineer; provided, however, that the council may, in special cases, by resolution, order the issuance of a public improvement permit to construct and maintain driveways in excess of the limitations contained in subsections A, B, C, D and E, of this section. Applications for such special permits shall be made to the city manager who shall recommend to the city council the granting or denial of same. A fee as established in the fee schedule adopted by the city council shall accompany each application for such special permit. No application shall be considered unless the fee has been paid.

H. All concrete work shall be done in accordance with the city standard specifications in effect at the time of such work and on file with the city clerk.

(Ord. 2018 § 8, 1991; Ord. 1473 § 2, 1975)

Before any commercial public improvement permit is issued to a licensed contractor under Sections 13.04.210 through 13.04.255, a public improvement permit fee shall be paid to the city.

A. Such fee shall be ten dollars plus ten cents per linear foot of work in excess of twenty-five feet as measured along the curb line. The city engineer's determination of locations, length and measurements of curb line shall be final.

B. Commercial public improvement permits shall be obtained by contractors who are licensed by the state to do this form of work. The licensed contractor shall have a valid city business license.

(Ord. 1473 § 3, 1975)

Any property owner occupying property solely as his own home or constructing a house to be occupied solely as his own home, may obtain a homeowners' sidewalk, curb and/or driveway public improvement permit upon the following conditions:

A. Homeowner applicant shall be the owner occupant, or constructing the house for his own occupancy.

B. Homeowner applicant shall construct the curb, gutter, sidewalk and/or driveway to official grade and in accordance with standard plans for curb, gutter, sidewalk and/or driveways, on file in the office of the city engineer, a copy of which will be furnished applicant upon request.

C. Construction forms shall be inspected by the city engineer before any concrete is placed or poured under authority of said public improvement permit.

D. Homeowner applicant shall furnish a cash deposit in the amount of one hundred dollars, guaranteeing completion of the curb, gutter, sidewalk and/or driveway in a workmanlike manner. Final determination of what is and what is not workmanlike, for work commenced or completed under said public improvement permit shall be at the sole discretion of the city engineer. Homeowner applicant upon satisfactory completion of all work commenced under this permit may make application in writing to the city engineer for return of his deposit.

E. The fee for the homeowners' public improvement permit shall be as established in the fee schedule adopted by the city council.

(Ord. 2018 § 9, 1991; Ord. 1473 § 4, 1975)

Requirements for both commercial and homeowners public improvement permits for curb, gutter, sidewalk and/or driveway are as follows:

A. Applicant shall maintain the premises in a safe manner, shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks and shall hold the city free from any damages incurred by his operations.

B. All debris and surplus material shall be promptly removed upon completion of the work.

C. In the event the applicant does not complete the work, including the removal of debris and surplus material within a period of ten days from the date of inspection of forms, the street superintendent shall complete the construction and/or removal of debris and material and shall recover from the cash deposit the actual cost of the work, including overhead, plus a surcharge of fifty percent.

(Ord. 1473 § 5, 1975)

Any person, firm or corporation as principal, agent or employee violating any of the provisions of Section 13.04.210 through 13.04.250 is guilty of an infraction and upon conviction thereof shall be punished as set forth in Section 1.20.010.

(Ord. 1621, 1978; Ord. 1473 § 6, 1975)

If, at any time it appears necessary to the superintendent of streets to close any street, road, alley, avenue or highway within the corporate limits of the city by reason of its being out of repair or dangerous for public travel, or to close the same so as to permit of proper completion of work which is being performed thereon, said superintendent of streets may close or cause to be closed the whole or any portion of any such street, road, alley, avenue or highway deemed necessary to be excluded from public travel. While any such street, road, alley, avenue or highway or any portion thereof is so closed, or which the same or any portion thereof is out of repair, or is dangerous for public travel, or is in process of construction, repair or maintenance, said superintendent of streets, or any contractor who has been awarded the contract for doing the work of construction, repair or maintenance thereon, may erect or cause to be erected, suitable barriers or obstructions thereon, and may post or cause to be posted, conspicuous notices to the effect that such street, road, alley, avenue or highway, or portion thereof, is closed to public travel, or directing the traffic, and may place or cause to be placed thereon, warning lights and lanterns.

(Ord. 457 § 1, 1916)

Whenever such street, road, alley, avenue or highway is closed to the public or is in process of construction, repair or maintenance, as provided in Section 13.04.260, any person who wilfully breaks down, removes, injures or destroys any such barriers or obstructions, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys, any such warning lights or lanterns, so erected, posted or placed by such superintendent of streets, or by or under his direction and authority, or by any duly authorized contractor as hereinabove provided, is guilty of a misdemeanor, and upon conviction thereof is punishable as prescribed in Section 1.20.010.

(Ord. 1358 § 2 (part), 1973; Ord. 457 § 2, 1916)

Any person owning, or having charge of any properties in the city is charged with the duty of maintaining sidewalks, curbs and gutters adjacent to or contiguous to said properties free and clear of all dirt, rocks, debris and other materials which would tend to obstruct said sidewalks, curbs and gutters. Said persons shall also be liable for the proper maintenance of street lines and sidewalks, as required by Section 5610 of the Streets and Highways Code of the state. In the event that said persons fail to maintain sidewalks, curbs, gutters and streets in accordance with the requirements of this section and the Streets and Highways Code of the state, notice shall be given, as provided in the Streets and Highways Code, and in the event the city is required to perform such maintenance, a lien shall be imposed to cover the cost of such work. Said lien shall be collected as a part of the assessment of the regular tax bill levied against the lot or parcel of land as provided in Section 5628 of the Streets and Highways Code of the state.

(Ord. 1379 § 1, 1973)