Port Hueneme Municipal Code § 6011.1 Sidewalks and driveways—Property owner liability for failure to maintain or repair

The Council, by resolution, shall adopt standard specifications for the construction, reconstruction, repair and maintenance of all public streets, pavement, curbs, gutters, sidewalks, drainage structures, traffic signals, sewers and related public works. Upon and after the adoption of such specifications, no person shall construct, reconstruct, maintain or repair any type of street work, as referred to in said specifications, except in conformity therewith.

The Director of Public Works may modify, vary or add to said specifications when, because of special circumstances or conditions pertaining to a particular job or area, such modification, variation or addition is required to secure the desired standard of work. Such modifications, variations or additions shall, as soon as possible after completion, be submitted to the Council for approval or ratification, as the case may be.

Sea level is hereby declared to be the datum plane or base elevation for the City for the purpose of establishing and designating the official elevations and grades of streets, sewers and other public works within the City.

No person shall ride or drive any animal, or drive or propel any vehicle or bicycle, or walk or throw any object upon any portion of any public street where street work is in progress and where there is a barrier or barricade to prevent traveling upon such portion of such public street, or at or near which there is a sign stating that the street is closed, or where warning lights are maintained to indicate that said street is closed. Nor shall any person injure, destroy or remove any such barrier, barricades or warning lights except under orders of the person having charge of such street work.

No person shall drive or ride any animal or drive or propel any vehicle or walk or go upon, over or across or throw any object upon or deface any newly made pavement, sidewalk, curb, gutter or related street improvement work until all barriers or barricades protecting the work have been removed.

No person shall ride or drive any horse or other animal, or drive or propel any vehicle upon or along or across any cement sidewalk or cement curb on any street, except where a driveway has been constructed across the same for the use of vehicles, nor permit any vehicles to park upon any cement sidewalk.

No person shall drive along or upon any paved, macadamized or improved street or any public street, culvert or bridge in the City, any tractor, or motor vehicle having as a part of said vehicle, coming in contact with the surface of any street, any block, stud, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread or traction surface of the tire, or wheel, which will or might cause damage to the pavement or surface of any such street. This Section shall not be deemed to prohibit the use of anti-skid chains of reasonable proportions on pneumatic tires attached to the wheels of motor vehicles.

No person shall throw, deposit, or place or cause to be deposited or placed any materials in or upon any public street, alley, sidewalk, parkway or any other public place without the permission of the Director of Public Works, except refuse as provided for in Section 3900 et seq. hereof, properly contained and set out for collection.

Except as provided in Part D hereof, no person shall leave, place or cause to be left or placed in any alley, street, sidewalk, parkway or any other public place in the City any obstruction whatsoever which interferes with the free and uninterrupted use of such alley, street, sidewalk, parkway or other public place by any person or vehicle.

The Director of Public Works shall immediately notify any person found to be obstructing any street, alley, sidewalk, parkway or other public place, in violation of Section 6007 or 6008 of this Code, to remove the obstruction. If within a reasonable time after the giving of notice, the same has not been removed, the same shall be deemed to be a public nuisance. Thereupon, the Director of Public Works shall proceed to remove the same. All costs incurred by the City, including administrative costs, shall be charged to the person responsible for the obstruction.

The Director of Public Works may restrict the use of, or close, any City Street whenever he considers such closing or restriction of use necessary:

(a) For the protection of the public; or

(b) For the protection of such City Streets from damage during storms; or

(c) During construction, improvement or maintenance operations thereon.

It shall be the responsibility of the owner of each lot or portion or such lot fronting on any portion of a public street to maintain all driveway approaches and/or adjoining sections of sidewalk over which vehicles pass that are located in parkways abutting such lot, in such a condition that the driveway approach and/or sidewalk will not constitute a hazard to person or property and will not interfere with the public convenience and necessity in the use of said sidewalk and/or driveway approach.

A property owner subject to the duty to maintain or repair all driveway approaches and/or adjoining sections of sidewalk over which vehicles pass pursuant to Section 6011 shall be liable to any person who suffers injury to his or her person or property as a result of the breach of said duty and shall be responsible for all damages or injury.

(Ord. No. 766, § 2, 3-2-20)

(a) The Public Works Director or his or her designee shall determine when a driveway approach or adjoining sidewalk is out of repair or in need of maintenance and shall provide a notice to repair to the owner or person in possession of the property fronting on that portion of the driveway approach or sidewalk to maintain or repair. The Notice to Repair shall conform to California Streets and Highways Code and shall:

(1) Be given by delivering written notice personally to the owner or person in possession of the property facing upon the driveway approach or adjoining sidewalk;

(2) Post a copy of the notice to repair in a conspicuous location on the property; and

(3) Particularly specify the work required to be done, how that work is to be completed, the materials to be used, and shall specify that if the repair or maintenance is not completed within sixty (60) calendar days following the giving of notice, the Public Works Director shall make the needed repairs, and the cost of said repairs shall be a lien on the property.

(b) In the event that the property owner fails to make the repairs or maintenance as provided in the notice to repair within sixty (60) calendar days from the date the notice is issued, the Public Works Director may authorize the City of Port Hueneme to make the needed repairs, subject to any City Council approval as may be required, and secure the cost of those repairs as a lien against the property facing upon the driveway approach or adjoining sidewalk.

(Ord. No. 766, § 2, 3-2-20)

No person shall fail, refuse or neglect to keep the sidewalk or parkway in front of his property in a clean condition and free of all accumulations of weeds, dirt and debris.

It shall be unlawful for any person to discharge or cause to be discharged into any public street, gutter or storm drain the following wastes:

(a) Construction materials including, but not limited to, concrete, cement, paint, paint thinner, and asphalt;

(b) Gasoline, benzene, naphtha, fuel oil, petroleum oils or refined petroleum oils, oil, emulsions in any quantity or any other flammable or explosive liquid or solid;

(c) Waste containing toxic or poisonous solids or liquids in quantities which alone or in combination with other substances may create a hazard to humans, to animals or the local environment or may cause a public nuisance;

(d) Any solid or viscous substance which in size or such quantity that may cause obstruction to drainage or cause public nuisance; these solid or viscous substances include, but are not limited to, ashes, sand, mud, straw, industrial process shavings, metal, glass, tar, plastics and wood.

*Section 6012.1 added by Ord. 572, 9/18/91: 572 as subsequently amended.