Chapter 12.04 — SIDEWALK, DRIVEWAY AND CURB CONSTRUCTION AND MAINTENANCE

The provisions of Division 7, Part 3, Chapter 22, of the California Streets and Highways Code are adopted as the procedure to be followed by the Superintendent of Streets/Director of Public Works, and provisions governing and regulating maintenance of sidewalks. In addition thereto, whenever any portion of any street, lane, alley, court or place in the city, or any sidewalk constructed thereon, according to law, shall be out of repair and in condition to endanger persons or property passing thereon, and the Superintendent of

Streets/Director of Public Works shall have notice thereof, it shall be his or her duty to forthwith erect such barricades, lights, or other safety devices as he or she may deem necessary to warn the public of such dangerous condition, and to guard against accidents resulting therefrom.

The adjacent property owner, or tenant, may at his or her expense substitute similar and appropriate guards against accident subject to the approval of the Superintendent of Streets/Director of Public Works. All costs incurred by the city for erecting and maintaining such barricades, lights or other safety devices shall be a charge against, and a lien upon the parcel or parcels of the property fronting adjacently upon the street, lane, alley, court or place wherein such dangerous condition is located.

(Prior code § 6-1.01)

Whenever any portion of any street, lane, alley, court or place in the city, or any sidewalk constructed thereon, according to law, shall be out of repair and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, it shall be the duty of the Superintendent of Streets/Director of Public Works of said city to require, by notice in writing, to be delivered to them personally, or left on the premises, the owners or occupants of lots or portions of lots, fronting on said portions of said street, lane, alley, court or place, or of said portion of said walk, so out of repair as aforesaid, to repair forthwith said portion of said street, lane, alley, court or place to the center thereof, or said sidewalk in front of the property of which he or she is the owner or tenant or occupant, specifying in said notice what repairs are required to be made.

It is unlawful for said owner or tenant or occupant of said lots, or portion of said lots, to neglect or refuse for the period of three days from the date of the service of the aforesaid notice, to make said repairs, and diligently and without interruption to prosecute the same to completion.

(Prior code § 6-1.071)

In order to fulfill the responsibility outlined in Section 12.04.020, owners may elect to have the city repair the dangerous sidewalk conditions. The Director of Public Works is authorized and directed to execute an agreement on behalf of the city with such persons which would include the following conditions:

A.

Agreement to allow the city and/or its contractor to perform the necessary work;

B.

Agreement to pay the actual repair cost, plus an additional charge to cover the city's cost of contract administration, engineering and inspection, plus interest; the interest rate shall be in accordance with the master fee schedule; the Director of Public Works may establish a program and eligibility requirements for low income property owners who reside at the location where the repair work is performed; the interest rate for persons qualifying for said program shall be in accordance with the master fee schedule;

C.

Option to pay these costs in annual installments not to exceed five years with the ability to pay the balance at any time before the five-year period in completed;

D.

A prospective notice of lien may be filed by the Director of Public Works with the Alameda County Recorder against the property; such prospective notice of lien will take the form set forth in Section 12.04.040; and

E.

Upon completion of the repairs, a notice of lien will be filed by the Director of Public Works with the Alameda County Recorder against the property and will be released only when the charges have been paid in full.

(Prior code § 6-1.072)

The prospective notice of lien referenced in Section 12.04.030D shall take the following form:

PROSPECTIVE NOTICE OF LIEN

Pursuant to the Streets and Highways Code of the State of California and the provisions of Chapter 12.04 of the Oakland Municipal Code, I caused a Notice To Repair a dangerous sidewalk condition to be mailed to the subject property owner and/or posted on the subject property, notifying the property owner of their responsibility to repair a dangerous sidewalk condition. The owner of said property has entered into an Agreement to allow the city and/or its contractor to perform the necessary work. The estimated cost of said repairs, including interest, is $_____ and said amount has not been paid. The City of Oakland does hereby give public notice of its claim in said amount against subject property and of pending city action to record a lien against said property when the repairs have been completed. The real property herein referenced and upon which a prospective notice of lien is claimed, is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to-wit:

(Insert description of property)

Dated this ___ day of _____, 19.

---

Director of Public Works

City of Oakland

(Prior code § 6-1.073)

An owner shall be deemed to be delinquent in the payment of voluntary requested repairs if said owner fails to make a required payment within three months of the due date. At the time of delinquency, the unpaid balance, plus any charge imposed on the city by the county for collection of said delinquency, shall

constitute a special assessment against said property. The Director of Public Works shall cause a copy of the report of assessment to be served upon the owner of said property not less than five days prior to the time fixed of confirmation of said assessment; service may be by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the city, and depositing the same in the United States mail; and service shall be deemed completed at the time of deposit in the United States mail.

A copy of the report of assessment shall be posted in the Office of the City Clerk at least three days prior to the time when the report will be submitted to the City Council. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10th. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Prior code § 6-1.074)

In the event the property owner does not commence the repair of a dangerous sidewalk condition within two weeks after notice is given and diligently and without interruption prosecute same to completion, the Director of Public Works shall make such repair, and the cost of the same shall become a lien on the property upon confirmation by the City Council. Prior to the commencement of said work by the city, a prospective notice of lien may be filed by the Director of Public Works with the Alameda County Recorder against the property. Such prospective notice of lien will take the form set forth hereinbelow:

PROSPECTIVE NOTICE OF LIEN

Pursuant to the Streets and Highways Code of the State of California and the provisions of Chapter 12.04 of the Oakland Municipal Code, I caused a Notice To Repair a dangerous sidewalk condition to be mailed to the subject property owner and/or posted on the subject property, notifying the property owner of their responsibility to repair a dangerous sidewalk condition. The owner of said property has failed to diligently and without interruption prosecute same to completion, nor has the property owner entered into an Agreement to allow the city and/or its contractor to perform the necessary work. The estimated cost of said repairs, including collection costs, is $__________ and said amount has not been paid. The City of Oakland does hereby give public notice of its claim in said amount against subject property and of pending city action to record a lien against said property when the repairs have been completed. The real property herein referenced and upon which a prospective notice of lien is claimed, is that certain parcel of land lying and being in the City of Oakland, county of Alameda, State of California, and particularly described as follows, to wit:

(Insert description of property)

Dated this ___ day of _____, 19.

---

Director of Public Works

City of Oakland

(Prior code § 6-1.075)

Every owner of real property in the city shall keep the entire width of sidewalk in front of such property, from curb to lot line, free and clear of all grass, weeds, rubbish or other obstructions or materials which from any cause whatever shall have accumulated or may accumulate upon such sidewalk above the established grade of the same.

Upon the failure or refusal of any such owner of real property in the city to so remove any obstructions from the sidewalk as herein provided, the provisions hereinbefore in this chapter set forth relative to the repair of sidewalks (Sections 12.04.010 through 12.04.060, both inclusive) shall apply.

(Prior code § 6-1.08)

It is unlawful for any person to place, or cause to be placed, or suffer to remain, upon any sidewalk in the city, any goods, wares or merchandise, or any other object or substance; provided, however, that not to exceed one-third of the width of any sidewalk may be used for not to exceed thirty (30) minutes while actually engaged in the loading or unloading of any goods, wares or merchandise, or any other object or substance; provided further, however, newspaper and periodical racks and/or stands located on the inner or outer edge of sidewalks and sidewalk cafes are excepted from the provisions of this section.

(Prior code § 6-1.09)

Anything in Section 12.04.080 to the contrary notwithstanding, it is declared to be lawful for merchants doing business in that portion of the city bounded on the north by the southern line of Seventh Street; on the west by the eastern line of Broadway; on the south by the waterfront; and on the east by the eastern line of Fallon Street, to use the sidewalk in front of their premises for the display and sale of goods, wares and merchandise; provided, however, that there shall be maintained, at all times, a clear space along such sidewalk of not less than four feet in width for the use of pedestrians.

(Prior code § 6-1.10)

The words "private contract" as used in this chapter, with reference to private construction of sidewalks, driveways, gutters, or curbs, shall be construed to mean construction other than let by the city or permitted by the issuance of approved plans and specifications to the private contractor by the Superintendent of Streets/Director of Public Works.

(Prior code § 6-1.11)

It is declared to be unlawful for any person to repair or construct, or cause to be repaired or constructed, by private contract in the city, any sidewalk, driveway, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk or driveway, without first obtaining from the Superintendent of Streets, a permit in writing so to do. Excepting, however, that a property owner, when notified by the Superintendent of Streets/Director of Public Works to repair an existing sidewalk or driveway, may make such repair to the extent of not more than twenty-five square feet without the necessity of obtaining a permit therefor.

Sidewalks or driveways shall be constructed of portland cement concrete with the following exceptions:

A.

In an industrial area, where concrete sidewalks or driveways have been constructed, asphaltic concrete may be placed between the property line and the concrete sidewalk or driveway.

B.

On streets where there are no curbs or other permanent street improvements in the sidewalk area, asphaltic concrete driveways and driveway access bridges may be permitted.

C.

Within the boundaries of special design sidewalk districts, the sidewalks shall be constructed according to plans and specifications prepared by the City Engineer, which plans and specifications shall be adopted by resolution of the City Council.

For each of the exceptions above, permission must first be obtained from the Superintendent of Streets/Director of Public Works. Improvements constructed under subsections A and B of this section are considered temporary only, and shall be removed upon notice from said Superintendent of Streets.

(Prior code § 6-1.12)

When sidewalks, driveways, curbs and gutters, or any combination thereof, are constructed by a contractor at the same time and at the same location, one permit shall be sufficient to cover the work contemplated.

(Prior code § 6-1.151)

It shall be the duty of the Superintendent of Streets/Director of Public Works to cause an inspection to be made of sidewalks or driveways constructed under private contract as referred to in Section 12.04.110, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.

At the time of the issuance of a permit, as required in Section 12.04.110, the applicant shall pay the Superintendent of Streets/Director of Public Works such fee or fees as shall be established by resolution of the Council of the city, and no permit, as required by said section, shall be issued until such payment shall have first been made.

(Prior code § 6-1.13)

All fees collected pursuant to the provisions of this chapter shall be credited to the general fund.

(Prior code § 6-1.15)

The permit granted pursuant to Section 12.04.110 shall prescribe the date when work shall begin and (except "Limited Operations Areas" established by Resolution No. 31375 C.M.S., as now or hereafter amended, and other areas designated by the Superintendent of Streets/Director of Public Works) may include the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or appliances as may be necessary for use in performing such work, provided, however, that such materials and appliances shall not occupy more than one-third of the roadway in front of said construction work, and shall be placed thereon subject to the direction and approval of the Superintendent of Streets/Director of Public Works. In no event shall said appliances or materials be placed within five feet of any railroad or street car track. All materials, debris and appliances shall be so placed as not to obstruct any gutterway, and shall be so cared for as to prevent them from being blown or otherwise carried into any gutterway, or any catch basin, or any portion of the street other than the portion lawfully occupied by such obstruction. Provided, however, that the Superintendent of Streets/Director of Public Works may order such materials, appliances and debris, or any portion thereof, to be removed within three days after written notice, and in the event the same is not removed within the time prescribed by the Superintendent of Streets/Director of Public Works, he or she may cause to be removed at the expense of the owner of the parcel of property fronting the sidewalk or driveway for which the permit was granted. The placing of materials, appliances and debris upon the street for the purpose of such construction work and the removal thereof shall be held to be a part of such construction work.

(Prior code § 6-1.17)

Wherever the construction, alteration or repair of a building adjacent to public streets or sidewalks, or the construction or repair of sidewalks, driveways, curbs or gutters, or other private improvement contracts or undertakings require the temporary occupancy of any portion of a public street or a public sidewalk and a permit has been granted for such occupancy pursuant to the provisions of this code or the building laws or other ordinances of the city, such permit and such occupancy shall be subject to the following conditions and requirements: The permittee shall provide and maintain such facilities as fences, barriers, "street closed" signs, lights and watchmen as may be necessary to provide adequate protection and prevent avoidable accidents to the public. Where such facilities or any of them are not provided or are out of

service and an emergency exists that necessitates protective measures, the Superintendent of Streets/Director of Public Works or his or her representative may provide such facilities during the emergency, and the cost thereof shall be paid by the permittee or deducted from any deposit made with the city as a condition to the granting of such permit. The Superintendent of Streets/ Director of Public Works or his or her representative, before taking the above-mentioned emergency action, shall take all steps reasonable under the circumstances to notify the permittee, or his or her known representatives, of the existing conditions and allow said permittee to care for the same, provided he or she acts promptly and expeditiously.

(Prior code § 6-1.171)

The permittee shall be responsible for all claims and liabilities arising out of work performed under the permit, or arising out of permittee's failure to perform the obligations with respect to street, sidewalk, curb and gutter construction and maintenance and all public safety facilities required by law. The permittee shall, and by acceptance of the permit agrees to, defend, indemnify, and save and hold harmless the city, its officers and employees, from and against any and all suits, claims or actions brought by any person for or on account of any bodily injury, disease or illness or damage to persons and/or property sustained in or arising out of the construction of the work performed under the permit or in consequence of permittee's failure to perform the obligations with respect to street, sidewalk, curb and gutter construction and maintenance and all public safety facilities required by law.

(Prior code § 6-1.172)

If all of the private construction and/or repair work of any sidewalk and/or driveway be not completed within thirty (30) days from the date of the permit, and in accordance with the terms of this chapter, the Superintendent of Streets/Director of Public Works may notify the holder of the permit to complete said work within two days, and if not so completed, the Superintendent of Streets/Director of Public Works is authorized to have the same done at the expense of the owner of the parcel of property fronting upon the sidewalk and/or driveway upon which such work was completed.

(Prior code § 6-1.18)

Permits granted pursuant to Section 12.04.110 shall be upon forms, and shall specify the name of the applicant, and location of the property in front of which the proposed sidewalk and/or driveway is to be repaired and/or constructed, and the number of square feet to be repaired and/or constructed. A sketch or plot plan, drawn to scale, showing the proposed driveway construction, together with all existing streetlight standards, poles, utility poles, signs, sidewalk boxes, fire hydrants, and any other obstructions shall be submitted with each request for a driveway permit. In no case shall a permit be granted to construct sidewalks where the Council has declared its intention to construct sidewalks under the general laws of the state of California, and also provided, that in the event any of the terms or conditions of this chapter are not complied with within the time fixed for compliance, no further permit shall be issued to such person while

such person causes or permits such noncompliance to continue, or is indebted to the city for money expended in accordance with the terms and conditions of this chapter.

All permits for construction under this chapter shall be posted conspicuously on the job.

(Prior code § 6-1.19)

Every permit for the construction of a driveway shall be subject to the condition that the owner of the property facing such driveway will, at his or her own expense, construct or reconstruct the curb, parkway and sidewalk upon the abandonment of the use of said property for any purpose which necessitates the existence of a driveway.

(Prior code § 6-1.191)

No construction and/or repair of sidewalks and/or driveways to be performed under a permit issued pursuant to this chapter shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for said work. In the event it shall at any time be ascertained that any work is being done, or has been done, under a permit issued to one other than the person responsible to the owner or contractor for said work, and it shall be proven that the use of said permit was with the knowledge and consent, expressed or implied, of the designated permittee, then the person doing, or having done, the work shall be guilty of an infraction. Such permit shall be declared null and void and the permittee shall obtain a new permit within two days. The payment of a penalty fee shall be as prescribed in the master fee schedule for starting work without a valid permit.

(Prior code § 6-1.21)

specification.

All sidewalks and/or driveways must be repaired and/or constructed in every particular in accordance with the permit therefor issued, must be completed within thirty (30) days from the date of permit, except in cases where owners have been notified to make repairs as provided in Sections 12.04.010 to 12.04.060, inclusive, unless an extension of time thereon be granted by the Superintendent of Streets/ Director of Public Works and must be done in conformity with the current city Street Department Standard Specifications on file in the Office of the City Clerk, and to the satisfaction and acceptance of the Superintendent of Streets/Director of Public Works.

(Prior code § 6-1.22)

In the private construction and/or repair of sidewalks and/or driveways, all rejected and refuse materials are to be removed immediately from the work, and all surplus materials shall be removed from the work within two days after the construction of the sidewalk is complete. All forms shall be removed in not less than twelve (12) hours or more than ten days after completion of the sidewalk. The excavation left by such

removal shall be filled with earth and tamped so as to restore the excavated portion to the grade of the completed sidewalk.

The contractor shall provide and maintain such fences and red lights as may be necessary to prevent avoidable accidents to the public.

No material or other obstruction shall be placed within fifteen (15) feet of the fire hydrants, which must be at all times readily accessible to the Fire Department.

(Prior code § 6-1.23)

The way or means of vehicular access from that portion of a street used for vehicular travel to the adjacent property, including the portion of the sidewalk lying within said way or means of access, is defined as a driveway.

(Prior code § 6-1.24)

The depressed portion of the curb at the driveway entrance is defined as a driveway opening.

(Prior code § 6-1.241)

No permit shall be issued by the Superintendent of Streets/Director of Public Works for the construction, relocation or widening of any driveway in any commercial, industrial or special zone, or in any residential zone combined with the S-12 residential parking combining zone, or in any residential zone not combined with the S-12 residential parking combining zone where the lot is developed or to be developed with five of more parking spaces, until each of the following shall have been complied with:

A.

The sketch or plot plan required by Section 12.04.190 shall have been approved in writing by the Traffic Engineer.

B.

Where a portion of the front yard area is used or is intended to be used for the purpose of vehicular movement, storage, or parking, a safety curb constructed of portland cement concrete shall be located along and inside the property line to the full extent, excepting the driveway openings, of said open area. All such safety curbs shall not be less than six inches wide, fourteen (14) inches deep, and with at least six inches extending above the surface of the ground. Provided, however, no such safety curb shall be required between driveways, as extended, serving a service station pump island parallel to such curb.

C.

Provision is made for sufficient space on the property to be served to provide egress therefrom without the backing of vehicles across the sidewalk area.

D.

Within the S-12 residential parking combining zone, the number of width of driveway opening shall conform to the provisions of Section 17.94.080 of the zoning regulations of the Oakland Planning Code, and the number of usable on-street parking spaces shall be maximized pursuant to the provisions of Section 17.94.100 of the zoning regulations of the Oakland Planning Code.

(Prior code § 6-1.242)

All driveways hereinafter constructed, relocated or widened shall comply with the following conditions:

A.

In all commercial, industrial or special zones other than the S-12 residential parking combining zone, the driveway openings shall be not less than twelve (12) feet in width nor more than thirty-five (35) feet in width. In the S-12 zone, the provisions of Section 17.94.080 of the zoning regulations of the Oakland Planning Code shall apply.

B.

In residential zones, other than those combined with the S-12 residential parking combining zone, the driveway openings shall be not less than ten feet in width nor more than nineteen (19) feet in width; provided, however, a driveway opening serving two or more parcels may be twenty-nine (29) feet in width. For the special case of four-unit residential buildings, the driveway opening may be twenty-seven (27) feet in width. In the S-12 zone, the provisions of Section 17.94.080 of the zoning regulations of the Oakland Planning Code shall apply.

C.

Driveways serving a single parcel of property or serving any of several adjacent parcels under single ownership shall be separated by at least twenty-five (25) feet of full vertical curb, except that within the S- 12 residential parking combining zone, the provisions of Section 17.94.100 of the zoning regulations of the Oakland Planning Code shall apply.

D.

Driveways serving separate but adjoining parcels of property under different ownerships shall be separated by at least ten feet of full vertical curb, except that within the S-12 residential parking combining zone, the provisions of Section 17.94.100 of the zoning regulations of the Oakland Planning Code shall apply.

E.

Driveways serving corner lots shall be so located that (1) a driveway on either street shall be at least twenty-five (25) feet from the projected curb line of the intersecting street; and (2) no part of the driveway

shall extend into the curb return a distance greater than five feet.

F.

Driveways shall form an angle of thirty degrees or less off a line perpendicular to or radial to the street alignment, for a distance of eighteen feet behind the property line measured along the shortest side of said driveway.

G.

Any time a parcel of land is cleared of existing surface improvements, the driveways serving this parcel must be closed or reconstructed to conform to the conditions of this chapter.

H.

All driveway curb transitions shall be eighteen (18) inches with standard six-inch-high curbs.

I.

No driveway shall be constructed or reconstructed within thirty (30) inches of any existing obstruction in the street area.

J.

No driveway shall be constructed or reconstructed in such manner and at such location as, in the opinion of the Traffic Engineer, the use thereof would constitute a hazardous condition.

(Prior code §§ 6-1.243, 6-1.244)

The Superintendent of Streets/Director of Public Works shall develop Standard Plans for the construction of driveways and driveway openings, which shall be adopted by resolution of the City Council.

(Prior code § 6-1.245)

A Driveway Appeals Board is created. The Board shall consist of the Traffic Engineer, the Director of City Planning, the Chief of Police and the Superintendent of Streets/Director of Public Works. The Board shall have such powers as are granted to it in this chapter.

(Prior code § 6-1.246)

In order to prevent or lessen unnecessary hardship or practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict provisions of this chapter applying to driveways, or the provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code, the Driveway Appeals Board shall have the power to make such variances from said provisions whereby so

doing the public welfare is secured and substantial justice done most nearly in accord with the intent and purposes of said provisions of said chapter or said provisions of the Oakland Planning Code.

(Prior code § 6-1.247)

The City Council shall review the proceedings and decision of the Driveway Appeals Board on all of the matters within its jurisdiction, except for matters involving the provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code, when the decision of said Board is appealed to the City Council within ten days of the date of the decision. The City Planning Commission shall review the proceedings and decision of the Driveway Appeals Board on all matters involving the provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code, when the decision of said Board is appealed to the Commission within ten days of the date of the decision. The City Council or Planning Commission, as the case may be, may affirm, reverse or modify the Board's decision and may make such decision or may impose such conditions as the facts warrant and may grant or deny a variance, and its decision shall be final. Council action shall be by resolution.

An appeal to the City Council from the decision of the Driveway Appeals Board may be taken by filing a petition with the City Clerk within ten days of the decision. Upon receipt of such petition, the City Clerk shall, with the approval of the Council, set the time for consideration of the appeal by the Council, and shall notify in writing the appellant and all persons whose interest therein has been recorded in any of the proceedings theretofore taken in the matter, of the time and place of the hearing on appeal.

An appeal to the City Planning Commission from the decision of the Driveway Appeals Board shall be made on a form prescribed by the City Planning Department and shall be filed with such Department within ten days of the decision. Upon receipt of such appeal, the Secretary of the City Planning Commission shall set the time for consideration of the appeal by the Commission, and shall notify in writing the appellant and all persons whose interest therein has been recorded in any of the proceedings theretofore taken in the matter, of the time and place of the hearing on appeal.

(Prior code § 6-1.248)

It is declared to be unlawful for any person to construct, or cause to be constructed by private contract independently of other street work, any concrete curb or gutters on any public street without first obtaining from the Superintendent of Streets/ Director of Public Works, a permit in writing so to do.

(Prior code § 6-1.25)

Any permit required under Section 12.04.320 shall provide for the completion of the work within thirty (30) days, which time may be extended by the Superintendent of Streets/Director of Public Works, and shall further provide that the work be done in conformity with the current city Street Department Standard Specifications on file in the Office of the City Clerk, and to the satisfaction and acceptance of the Superintendent of Streets/Director of Public Works.

(Prior code § 6-1.27)

Engineering services.

The Superintendent of Streets/Director of Public Works shall have the same power to appoint suitable persons to superintend or inspect the curb and gutter construction work by private contract as is or may be vested in the Superintendent of Streets/Director of Public Works by the laws of the state of California in the case of public contracts.

(Prior code § 6-1.28)

The Superintendent of Streets/Director of Public Works shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that the curb, parkway and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to grade.

(Prior code § 6-1.291)

Such notice shall particularly specify what work is required to be done, how the same is to be done, and what materials shall be used. The notice shall be either given personally by service upon the owner or person in possession of the property facing such driveway, or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of such property, or to the owner thereof, addressed to his or her last known address as the same appears on the last equalized assessment rolls of the city, and when no address so appears, to General Delivery, City of Oakland, with postage prepaid.

(Prior code § 6-1.292)

If such work is not commenced within ten days after such notice is given as aforesaid and diligently and without interruption prosecuted to completion, the Superintendent of Streets/Director of Public Works shall proceed to cause such work to be done in the manner and pursuant to the provisions of Sections 12.04.010 through 12.04.060, inclusive, of this chapter, or Sections 31, 32, and 33 of the "Street Improvement Act of 1911" (Statutes 1911, p. 730, as the same is now or may be hereafter amended).

(Prior code § 6-1.293)

Responsibility. The property owner shall be responsible for inspecting sidewalks and curb ramps, obtaining all required permits, performing all necessary sidewalk and curb ramp repair or replacement, scheduling

inspections, obtaining and filing with the City a compliance certificate for the entire sidewalk when one (1) or more of the following events occurs:

A.

Title Transfer. Prior to transferring title associated with the sale of any real property that contains any structure with a sidewalk. Title transfer means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one (1) co- owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivos trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one (1) or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.

B.

Construction or Remodeling. Whenever a property owner applies for any permit or other approval needed for construction, remodeling, modification or alteration of any portion of lots adjacent to, abutting, or fronting any portion of a sidewalk area where the cost of the work is estimated to exceed one hundred thousand dollars ($100,000.00).

C.

Unsafe Condition Becomes Known. When the property owner becomes aware of an unsafe sidewalk condition, or when the property owner is notified by the City of an unsafe sidewalk condition.

Inspections. A self-certification inspection shall be conducted by a contractor holding specified "A," "B," or "C-8" license and a current valid Oakland Business License. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be provided to the Department of Transportation.

Compliance Certificate. The self-certification inspection report and confirmation of completed repairs or replacement shall be a condition of the issuance of a final compliance certificate for the entire sidewalk. The final compliance certificate must be issued prior to the first close of escrow.

Enforcement. Within five (5) years of issuance of the compliance certificate, property owners may be subject to random inspection by the City Inspector. Property owners who falsify the self-certification

inspection report and have not performed all necessary sidewalk and curb ramp repair or replacement shall be subject to specified civil penalties and liens.

(Ord. No. 13550, 7-9-2019)