Piedmont Municipal Code Art. V Required Construction and Repair

The following conditions applying to the requirements of construction and/or repair of sidewalks and driveways within the City as more specifically set forth in other Sections of this Article V of Chapter 18 of the City Code:

a. When the real property is developed for any use.

b. In conjunction with the issuance of any permit or aggregate of permits, within the year preceding the date of application, in the amount of $5,000.00 or more on the real property.

c. In conjunction with the sale of the real property.

d. When the property owner of such real property becomes aware of an unsafe condition on such property.

e. When property owner is notified by the City of an unsafe condition on such property.

New sidewalks and/or driveways must be constructed if required by the superintendent of streets in the situations set forth in subparagraphs a, b, c, d, and/or e of Section 18.26 of this Code, at the expense of the property owner. (Ord. 397 N.S., 03/1980)

In the event a sidewalk and/or driveway is damaged or deteriorated, such sidewalk and/or driveway may be required by the City to be repaired or replaced as follows:

a. If there is a vertical displacement of 3/4 of an inch or less of a sidewalk, such repair may be required by the City of the property owner whose property touches, abuts or comes closest to such sidewalk in question, in any of the situations set forth in subparagraphs a, b, c, d, and/or e of Section 18.26 of this Code, or of any person or entity, including utility companies and contractors, whose actions damage the sidewalk.

b. If there is vertical displacement of in excess of 3/4 of an inch of a sidewalk, or if in the opinion of the superintendent of streets any damage or displacement of the sidewalk creates an unsafe condition, then such sidewalk may be required by the City to be replaced by the property owner whose property touches, abuts, or comes closest to such sidewalk in question, in any of the situations set forth in

Streets & Sidewalks subparagraphs a, b, c, d, and/or e of Section 18.26 of this Code, or by any person or entity, including utility companies and contractors, whose actions damage the sidewalk.

c. In the event a driveway has a vertical displacement of 3/4 of an inch or less at any point, such repair may be required by the City of the property owner whose property touches, abuts or comes closest to such driveway in question, in any of the situa- tions set forth in subparagraphs a, b, c, d, and/or e of Section 18.26 of this Code, or of any person or entity, including utility companies and contractors, whose actions damage the driveway or driveway approach.

d. In the event a driveway has a vertical displacement of in excess of 3/4 of an inch at any point, or if in the opinion of the superintendent of streets any damage or dis- placement of the driveway creates an unsafe condition, then such driveway may be required by the City to be replaced by the property owner whose property touches, abuts or comes closest to such driveway in question, in any of the situations set forth in subparagraphs a, b, c, d, and/or of Section 18.26 of this Code, or by any person or entity, including public utility companies and contractors, whose actions damage the driveway. (Ord. 397 N.S., 3/80)

e. Any patching of vertical displacements with temporary or more permanent materials, whether such materials are asphalt, an asphalt-concrete mixture or otherwise, shall not be considered to remove such vertical displacements from the provisions of this section 18.28 of the Code. Only replacement of broken sections of sidewalk with concrete or other City-approved materials as durable as concrete in such a manner that the replaced section of sidewalk is on a level plane with the adjoining sections of sidewalk shall be considered sufficient to remove such displacements from the provisions of Section 18.28 of the Code. (Ord. 397 N.S, 03/1980; Ord. 440 N.S., 04/1983)

Any repair, replacement and/or new construction of sidewalks and/or driveways shall be required in the following manner:

a. A written notice to repair, replace and/or provide new construction shall be prepared by the City, specifying what type of work is required, how it is to be done, the materials to be used, the location of the work, and when the work must be completed, and specifying the unsafe condition that affects the public safety, making such repair, replacement or new construction necessary.

b. Such written notice shall be delivered to the property owner or to the person or entity whose actions have caused the damage either by personal service or by mailing the notice postage prepaid to the last address on the records of the City of a property owner or to the address of the person or entity whose actions caused the damage, as the case may be.

Streets & Sidewalks

c. In addition, a copy of such written notice shall be posted in a conspicuous place on the property in question by the City, and such posted notice must be not less than 8 inches by 10 inches in size.

d. The written notice shall state that the work must be commenced within two weeks of the date of the notice, and completed by the date indicated, and if it is not either commenced or completed as set forth in the notice, that the superintendent of streets may carry out the repair, replacement or new construction, and the cost of the same shall be a lien on the property.

e. The property owner or his agent may within the two week period set forth in Section 18.29(d) file a written appeal with the city clerk at City Hall, which appeal shall set forth any reasons why the property owner should be exempted from the require- ments of Article V of Chapter 18 of the Code, and which appeal shall be set at the next City Council meeting that is at least seven (7) calendar days from the date the appeal is filed. The Council at the appeal hearing shall hear all testimony and review all documents submitted. In the event the Council determines that a special hardship would arise due to the enforcement of the requirements of Article V of Chapter 18 of the Code, then the Council may further place any conditions on such exemption that the Council may deem proper. If the appeal is denied, the property owner shall have an additional time added to the time for commencing and completing the work equal the date the appeal was denied. (Ord. 397 N.S., 03/1980)

If the work is not commenced or completed when required in the written notice under Section 18.29 hereof, the superintendent of streets may carry out such work, either by City staff or by contracting such work out to a private contractor, and the cost of such work, including labor and materials, shall be paid or become a lien against the real property in question, as follows:

a. A notice of the cost of the work shall be given in the same manner as provided in Section 18.29 hereof, and the date and time of a hearing before the Council shall be included in such notice, specifying that the question of placing a lien against the real property shall be considered by the Council unless the cost of the work has been paid in full prior to the hearing.

b. At the hearing the Council shall consider the report of the superintendent of streets on the work performed, and any protests which may be filed, and shall decide whether the cost of the work or any part of it shall become an assessment and lien against the real property, and the decision of the Council shall be final.

c. In the event the Council determines all or any part of the cost of work becomes an assessment and lien against the real property, such assessment shall be collected as provided in Article 3 of Chapter 22 of the California Streets and Highways Code, commencing with Section 5625, as such Article 3 may be amended from time to

Streets & Sidewalks time; provided that there shall be no limitation to sidewalk repair, but such provisions of Article 3 shall apply to all costs of work required under Article V of Chapter 18 of this Code and to the owners of real property to which such work applies. (Ord. 387 N.S., 06/1979)

The term "driveway" as used in Article V of Chapter 18 of the Code shall include all approaches, aprons or other portions of a driveway between the street and that edge of the sidewalk located furthest from the street. In no case shall the requirements of this Article V of Chapter 18 apply to any portion of a driveway located further from the street than the edge of the sidewalk located furthest from the street. (Ord. 387 N.S., 06/1979)

SEC. 18.32 ALTERNATIVE ACTION TO SECTION 18.30

As an alternative to the provisions of Section 18.30, if the work is not commenced or completed when required in the written notice under Section 18.29 hereof, the City may prepare and record a written notice setting forth the address of the property, facts relating to the unsafe sidewalk and/or driveway, and a statement that the repairs must be completed as part of any transfer of the property, and that the owner of such property shall be liable for any personal injuries and/or property damage caused by such unsafe sidewalk and/or driveway. (Ord. 397, N.S., 03/1980)

It shall be illegal to remove, damage or destroy any surveyor’s monument located in a sidewalk or curb within the City without immediately replacing it with a monument of equal durability and visibility located in exactly the same location as the original surveyor's monument, as provided in Business and Professions Code §8771, as amended from time to time.

A licensed land surveyor or registered civil engineer shall file with the Alameda County Engineer a corner record for every survey corner as provided in Business and Professions Code §8773, providing a duplicate original to the City department of public works.

Where it is determined by City staff the "corner" or monument involved does not require the preparation of a "Record of Survey," "Corner Record" or similar filing as required by the referenced statute(s), a licensed land surveyor or registered civil engineer, authorized to practice land surveying, shall file with the City department of public works a reproducible plan or drawing showing the monument and its location in a manner and form approved by the department of public works. (Ord. 432 N.S., 11/1982; Ord. 437, N.S., 02/1983)

Rev. 2020-11-04 (Ord. 757 N.S.; 10/2020)