Chapter 20 — STREETS AND SIDEWALKS

ARTICLE I. IN GENERAL

SECTION:

20-0: Sidewalk Defined

20-0.5: Person Defined

20-1: Obstructions Generally; Riding Or Driving Bicycles, Animals, Or Vehicles On Sidewalks

20-1.1: Skateboards Prohibited (Rep. by Ord. 1661 § 1, 3-1-2005)

20-1.2: Occupancy Of Public Right Of Way

20-1.3: Encroachment Agreement; Defined

20-2: Repair Of Sidewalks And Curbs; Required; Notice

20-2.5: Repair Of Sidewalks And Curbs; Maintenance By Lot Owners

20-3: Repair Of Sidewalks And Curbs; Work Performed By Contract With City Upon Failure Of Abutting Owner To Proceed After Notice; Certificate Of Completion; Lien

20-4: Repair Of Sidewalks And Curbs; Collection Of Costs

20-5: Plans, Profiles And Cross Sections For Sidewalk Construction

20-6: Unnecessary Noise

20-0: SIDEWALK DEFINED:

As used in this chapter, "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. (Ord. 1365 § A(1), 11-18-1986)

20-0.5: PERSON DEFINED:

A "person" shall be defined as any individual, firm, copartnership, joint venture, association, corporation, company, railroad entity, estate, trust, the state of California, all public districts and other political subdivisions or governmental entities of the state of California, but excluding the city of Porterville, and any group or combination acting as a unit. (Ord. 1756, 8-4-2009)

20-1: OBSTRUCTIONS GENERALLY; RIDING OR DRIVING BICYCLES, ANIMALS, OR VEHICLES ON SIDEWALKS:

Any person who obstructs with machinery, vehicles or merchandise or in any manner, any street, alley or sidewalk, in such manner as to impede, delay or endanger travel thereon, or shall ride or drive or cause to be ridden or driven any horses, mules, hogs, sheep or cattle, bicycles or other vehicles on any sidewalk in the city shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Each day that any provision of this article is violated is a separate and distinct offense and shall be punishable as a separate and distinct offense. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce the provisions of this article, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. Any person convicted of an infraction under this article shall be punished by:

A. A fine not exceeding fifty dollars ($50.00) for a first violation;

B. A fine not exceeding one hundred dollars ($100.00) for a second violation of this article within one year; and

C. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this article within one year.

Street vendors/peddlers utilizing pushcarts (walking type) licensed by the city in compliance with section15-8 of this code shall be exempt from this section to the extent that said pushcarts do not endanger travel. (Ord. Code § 3311; Ord. 1531 § D1, 6-18-1996)

20-1.1: SKATEBOARDS PROHIBITED 1 :

(Rep. by Ord. 1661 § 1, 3-1-2005)

Notes

1 1. See sections 18-61 through 18-69 and subsection 19-48B of this code.

20-1.2: OCCUPANCY OF PUBLIC RIGHT OF WAY:

Except as provided by section 20-57 of this chapter pertaining to Porterville redevelopment project area no. 1, any person who constructs or affixes, or causes to be constructed or affixed, any structure, sign, canopy, awning, lighting fixture, or any other device, equipment or fixture which projects into the public right of way beyond the property line of a building site, without first having obtained approval from the city council by way of an encroachment agreement, is guilty of an infraction. (Ord. 1498 § 1, 6-7-1994; Ord. 1872, 6-2-2020)

20-1.3: ENCROACHMENT AGREEMENT; DEFINED:

An agreement between the city and the owner of real property located within the city permitting the property owner who is a party to the agreement to construct or place temporary or permanent improvements, structures, signs, awnings, fences, fixtures, or other similar appurtenant structures, within the public right of way owned by the city and adjacent to the real property described in the agreement, and which is subject to the terms, covenants and conditions contained therein. (Ord. 1498 § 2, 6-7-1994)

20-2: REPAIR OF SIDEWALKS AND CURBS; REQUIRED; NOTICE:

When any portion of any improved public street in the city or any sidewalk or curb constructed thereon shall be out of repair or pending

reconstruction, 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, or such other person as shall be appointed or delegated by the council or the city manager for that purpose, to require, by notice in writing, to be delivered to them, or their agent personally, or left on the premises, or mailed to their last known address, the owners or occupants to forthwith proceed to do the work necessary to be done, and such notice shall particularly specify what work is required to be done, and how the same is to be done and what materials shall be used, if any are required. (Ord. Code § 4221)

20-2.5: REPAIR OF SIDEWALKS AND CURBS; MAINTENANCE BY LOT OWNERS:

The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or, if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas, save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. (Ord. 1365 § A(2), 11-18-1986)

20-3: REPAIR OF SIDEWALKS AND CURBS; WORK PERFORMED BY CONTRACT WITH CITY UPON FAILURE OF ABUTTING OWNER TO PROCEED AFTER NOTICE; CERTIFICATE OF COMPLETION; LIEN 1 :

If the work required by the notice specified in section 20-2 of this article shall not be commenced within thirty (30) days after notice is given as aforesaid, and diligently and without interruption prosecuted to completion, the official may, under the authority of this section, proceed to do the work called for by the aforesaid notice, or enter into a contract in the name of the city with any suitable person, at the expense of the owner, tenant or occupant, after the specifications for doing of such work shall have been conspicuously posted by him in his office for two (2) days, inviting bids for doing such work, which bids shall be delivered to him at his office on or before the second day of such posting, and opened by him on the next day following the expiration of such two (2) days of posting, and the contract by him be awarded to the lowest bidder, if in the judgment of such official such lowest bid is reasonable. All of such bids shall be preserved in his office and open at all times after the letting of the contract to the inspection of all persons, and such owner, tenant or occupant shall be liable to pay such contract price. Such work shall be commenced within twenty four (24) hours after the contract shall have been signed, and completed without delay to the satisfaction of the city official, and when so satisfactorily completed, the official shall make and deliver to such contractor a certificate to the effect that such work has been properly done by such contractor according to specifications, and that the charges for the same are reasonable and just, and that the official, has accepted the same. Such certificate of completion shall be recorded in a book kept for the purpose in the office of the city clerk, and when so recorded the sum to be paid shall be a lien against the property affected. (Ord. 1537 § B61, 8-6-1996)

Notes

1 1. See charter section 61 for letting of contracts.

20-4: REPAIR OF SIDEWALKS AND CURBS; COLLECTION OF COSTS:

When the work required by the notice provided in section 20-3 of this article shall have been completed, either by the city official, or by contractor as hereinbefore set forth, and a certificate of acceptance and completion or of performance by the city recorded as aforesaid, the charges for the costs of doing such work shall be due and payable to the city on demand. This demand shall be made by a bill or charges for such work presented personally to the owner, tenant, occupant or agent, or mailed to their last known address, or posted on the property, and if same shall not be paid within thirty (30) days from the date of such demand the city shall pay the contractor from the appropriate city fund the amount due him on his contract for doing such work, and may then proceed to dun the owner, tenant or occupant for the amount of such charges to be paid, and the certificate of such official shall be prima facie evidence that the amount claimed for such work and materials is correct, and of the right of the city to recover the same in such action; or, the city council may by resolution order that such unpaid charges be added to and become a part of the municipal taxes against the property affected by such work, payable in the same manner, and subject to all the regulations, penalties and charges as such municipal taxes on real property in the city.

Any tenant or lessee of the lands or lots made liable by this chapter, may pay the amount assessed or charged against the property of which he is the tenant or lessee under the provisions of this chapter, together with all accrued costs, either before or after suit has been brought, or he may redeem the property if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him, and for any sums so paid beyond the rents due from him, he shall have a lien upon and may retain possession of such land and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents, or by payment by the owner. (Ord. Code § 4221.2)

20-5: PLANS, PROFILES AND CROSS SECTIONS FOR SIDEWALK CONSTRUCTION:

All sidewalk construction shall be done in accordance with the plans, profiles and cross sections on file in the office of the city engineer, should such plans, profiles and cross sections have been adopted for the work, and all work shall, during its progress and on its completion, conform to the lines and levels which may, from time to time, be given by the city engineer. (Ord. Code § 3321.1)

20-6: UNNECESSARY NOISE:

It shall be unlawful for any person to sound or cause or permit to be used or sounded, in or upon any public street any bell, siren, chime, gong, horn, whistle or other alarm, except when necessary to give warning, or when authorized by permit from the chief of police to do so. (Ord. Code § 9181)