Redwood City Municipal Code § 29.46 Affidavit of Notice

Footnotes:

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Editor's note— Ord. No. 2390, § 2, adopted Jan. 28, 2013, amended Art. III in its entirety to read as herein set out. Former Art. III, §§ 29.34—29.40, pertained to benches and seats in or along streets. See the Ordinance List and Disposition Table and the Code Comparative Table and Disposition List for full derivation.

The following words and phrases shall mean as follows:

ABANDONED DRIVEWAY: Any driveway for which there appears to be no immediate reasonable use as such or where the use or conditions of the abutting property have been so changed that the driveway is no longer needed.

DRIVEWAY: Any approach to or from a street over and upon an adjacent gutter, curb, parking strip or sidewalk permitting vehicular traffic into the abutting property.

(Ord. No. 2390, § 3, 1-28-13)

A. No person shall construct or reconstruct any driveway or driveway approach in any public right-of-way without first securing an encroachment permit therefor pursuant to this Chapter.

B. All driveway approaches in any public right-of-way shall be constructed in accordance with City of Redwood City Engineering Standards, Volumes 1, 2 and 3 and in a manner and of materials approved by the City Engineer.

C. All driveway approaches, whether on an improved or an unimproved street, shall be constructed to the established grade for that street at the property line.

D. In the event no grade has been established for the street on which the driveway or driveway approach is to be constructed, such driveway or driveway approach shall be constructed to a grade at the property line to be established, approved and grade staked by the City Engineer. After grading has been completed and paving forms, if any are to be used, are in place, the person installing the driveway approach in such street shall call for an inspection by the City Engineer. The driveway approach shall not be constructed until the City Engineer gives written approval. The City Engineer shall set grade stakes to assist the person installing a driveway approach in any case where the City Engineer deems such action necessary.

(Ord. No. 2390, § 3, 1-28-13)

The provisions of this section shall govern the locations and dimensions of driveway approaches to all real property situated in all zoning districts other than residentially zoned districts. No driveway approach shall be of greater width than sixty percent (60%) of the actual lot frontage on any one (1) street or more than twenty-nine (29) feet in width between the tops of ramps at the ends of driveway approaches, whichever is the lesser. In case of more than one (1) driveway approach in front of any parcel, the total width of driveway approaches shall not exceed the sixty percent (60%) of frontage hereinbefore mentioned; and there shall be twenty-two (22) feet or a multiple thereof of standard curb, gutter and sidewalk between such driveway approaches; provided that the City Engineer may approve a distance between driveway approaches which is not a multiple of twenty-two (22) feet if he finds that:

• The proposed driveway approaches are in compliance with all zoning regulations; and

• No driveway approach shall be situated closer than fifteen (15) feet from the terminus of the curb return at the nearest intersecting point.

(Ord. No. 2390, § 3, 1-28-13)

A. The locations and dimensions of driveway approaches to all real property situated in any residentially zoned district shall conform to the requirements of Redwood City Engineering Standards Volume III, Part IV and the following:

1. The width measured between the tops of the ramps at the on-site terminus of the driveway approaches serving the hereinafter specified garage, carport or parking space facilities shall not exceed the dimensions respectively specified therefor:

a. Single garage, carport or parking space—twelve (12) feet;

b. Two (2) motor vehicle garage, carport or parking space—twenty-three (23) feet;

c. Three (3) or more motor vehicle garage, carport, or parking space—thirty (30) feet.

2. The total width of all driveway approaches serving any parcel shall not exceed sixty percent (60%) of the street frontage of the parcel, except for panhandle lots as defined by Section 30.30 of this Code.

3. The separation between the driveway approaches serving the same parcel of property shall be not less than twenty-two (22) feet or a multiple thereof.

B. Notwithstanding the above provisions of subsection A, the City Engineer may approve exceptions upon finding that:

1. The use of the parcel of property to which the driveway approach provides access shall be benefitted by granting the exception;

2. Granting the exception will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing on property adjacent to or in the vicinity of the property to be so served; and

3. Granting the exception will be in furtherance of the public health, welfare and safety.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2435, § 6, 4-24-17; Ord. No. 2526, § 4(Exh. A), 7-24-23)

No driveway approach shall be located within thirty (30) inches of any traffic signal, electrolier, fire hydrant, pedestrian crosswalk or any other public improvement or facility of a similar nature.

(Ord. No. 2390, § 3, 1-28-13)

The property owner of the abutting parcel shall remove or reconstruct any driveway or driveway approach constructed or reconstructed in conflict with the provisions of this Chapter, to conform to the provisions of this Chapter, within thirty (30) days after notice to remove or correct is given by the City Engineer. Failure to comply within the time specified shall be cause for the City to perform such work, charge the property owner for the cost thereof and, if the owner fails to reimburse the City within the time required, place a lien on the property, following the procedures set forth in Sections 29.37—29.49 of this Chapter.

(Ord. No. 2390, § 3, 1-28-13)

A. Any abandoned driveway shall be removed and replaced with a standard curb, gutter and sidewalk to fit the existing line and grade of the adjacent standard curb, gutter and sidewalk, within thirty (30) days after the driveway has become abandoned.

B. Any driveway abandoned and not removed or reconstructed as required herein, within thirty (30) days after its abandonment, shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the procedures set forth in Sections 29.37—29.49 of this Chapter.

(Ord. No. 2390, § 3, 1-28-13)

A. When the removal of a tree in a parkway necessitates the repair or replacement of curb, gutter and/or sidewalk at any location, it shall become the responsibility of the person or persons causing the removal of the tree, to repair or replace the curb, gutter and/or sidewalk to the original grade line.

B. Failure of the property owner to replace the curb, gutter or sidewalk when required to do so, shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the procedures set forth in Sections 29.37—29.49 of this Chapter.

(Ord. No. 2390, § 3, 1-28-13)

A. Whenever any building is constructed on or moved to any parcel of real property in the City, which parcel fronts on a street which is improved with a permanent concrete curbing, it shall be mandatory that a standard concrete sidewalk be installed on such property by the owner of such property or the person moving or constructing the building on the property.

B. Failure to construct the sidewalk as so required shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the procedures set forth in Sections 29.37—29.49 of this Chapter.

(Ord. No. 2390, § 3, 1-28-13)

A. Whenever fifty percent (50%) of the property of any block fronting upon a permanent concrete curb located on the official line and grade of the street, becomes improved by the erection of residences or other buildings, it shall be mandatory that all property owners in the block, whether their property be improved or not, shall construct a regulation concrete sidewalk for the continuous length of the block, in accordance with plans and specifications of the City Engineer and subject to his/her supervision and approval.

B. Failure of any property owner to so construct the sidewalk shall be cause for the City to perform such work, charge the property owner for the cost thereof and if the owner fails to reimburse the City within the time required, place a lien on the property, following the procedures set forth in Sections 29.37—29.49 of this Chapter.

(Ord. No. 2390, § 3, 1-28-13)

Upon the written application of property owner or his agent, the City Engineer shall have the power to grant design exceptions from the strict application of the provisions regarding sidewalks and driveways in those cases where there exist practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such provisions, However, in the granting such variance the purposes of such provisions shall be observed, public safety secured, and substantial justice done.

(Ord. No. 2390, § 3, 1-28-13)

It is the duty and responsibility of the owner or person in possession of the property abutting or fronting on a public street, right-of-way or City property to care for and maintain the sidewalk on the right-of-way or City property which abuts such property.

(Ord. No. 2390, § 3, 1-28-13)

The City Engineer shall cause to be kept in his/her office a record containing the following:

A. The description of each parcel of property upon which a notice to repair has been posted, as provided in Sections 29.41—29.43.

B. The name of the owner, if known.

C. The date on which the notice was posted.

D. The charges incurred by the City in causing the repair to be made and all incidental expenses in connection therewith.

E. Each such entry shall be made as soon as practicable after completion of such act.

(Ord. No. 2390, § 3, 1-28-13)

No error in the name or address and no failure to receive a copy of the notices to repair mailed as provided herein shall affect in any manner the validity of the procedure or any lien imposed pursuant to these provisions.

(Ord. No. 2390, § 3, 1-28-13)

When any portion of any walkway is out of repair or in condition to endanger persons or property or in condition to interfere with the public convenience in the use thereof (except as to those conditions created upon, under or along such walkway by the City, or when any curb, sidewalk, driveway, or driveway approach fails to comply with the requirements of this Chapter) the City Engineer, in the manner provided in this Chapter, shall notify the owner or person in possession of the property abutting or fronting on that portion of area of the required repairs or corrections to repair and/or correct.

(Ord. No. 2390, § 3, 1-28-13)

The notice to repair required by the preceding Section shall describe the work to be done, designate the materials to be used and specify the manner in which such work shall be done, and shall be substantially in the following form:

NOTICE TO REPAIR (walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip).

The owner of the property described as follows: ___________ commonly known as ___________ is hereby ordered to repair the (walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip) in front of or abutting said property in accordance with specifications on file in the office of the City Engineer and Superintendent of Streets of the City of Redwood City, and all ordinances of the City of Redwood City pertaining thereto, within thirty (30) days from the date hereof, or to appeal to the legislative body of the City, in writing, within fifteen (15) days from the date shown hereon, and show cause why said work should not be done or why the time therefor should be extended. If the work herein indicated is not commenced within the time fixed herein, or any extension thereof granted by the said legislative body, the said City Engineer and Superintendent of Streets will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property pursuant to Chapter 29 of the Code of the City of Redwood City.

Estimated Cost of Repair: $

Dated:

___________ City Engineer and Superintendent of Streets of the City of Redwood City

(All words in parentheses above except, that or those to be covered by the notice shall be deleted.)

(Ord. No. 2390, § 3, 1-28-13)

The notice to repair required by Section 29.41 shall be posted in a conspicuous place on each parcel of property abutting or fronting on the property out of repair.

(Ord. No. 2390, § 3, 1-28-13)

Within three (3) days after posting of the notice to repair, as provided herein above, the City Engineer shall cause a notice similar in form and substance thereto to be mailed, postage prepaid, to the owner of such property, as his/her name and address appear on the records in the office of the City Assessor.

(Ord. No. 2390, § 3, 1-28-13)

The owner of property posted with a notice to repair as provided herein above, may appeal to the City Manager and show cause why the work should not be done or why the time therefor should be extended. Such appeal shall be in writing and shall be filed, processed and heard in accordance with Chapter 1 of this Municipal Code.

(Ord. No. 2390, § 3, 1-28-13)

Proof of the posting or mailing of any notice, order or determination to repair provided for in Sections 29.41 and 29.42 may be made by affidavit of the person posting or mailing the notice, order or determination annexed to a copy of such order, notice or determination, posted or mailed, as the case may be, and specifying the date when or at which the same was posted or mailed as the case may be. It shall be the duty of the City Engineer to keep among the official records of his/her office the affidavits of posting or mailing referenced above.

(Ord. No. 2390, § 3, 1-28-13)

Unless the repair required in the notice shall be commenced by the owner within thirty (30) days from the date of posting notice as provided in Sections 29.41—29.43 and diligently prosecuted to completion, or in case of an appeal to the City Manager as set out in Section 29.45 within fifteen (15) days from the date of the notice of the determination thereof, unless such appeal be sustained, the City Engineer shall forthwith repair the walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip. If, upon appeal to the City Manager, the requirements of the original notice are modified, in making such repair, the City Engineer shall be governed by such modification.

(Ord. No. 2390, § 3, 1-28-13)

In the event that the City makes the repair to a walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip when required by the preceding Section or causes it to be made, the charges incurred therefor shall be determined by the City Engineer, and he/she shall prepare and mail a bill for the same to the last-known address of the owner of the posted property.

(Ord. No. 2390, § 3, 1-28-13)

The charges shall become a lien against the posted property after the date of entry, in the permanent record (required to be kept by the City Engineer pursuant to Section 29.39) of the charges incurred by the City for the repair of walkway, sidewalk, curb, driveway, bulkhead, retaining wall, park or parking strip. The lien shall be enforced in the manner provided in the Section 29.50.

(Ord. No. 2390, § 3, 1-28-13)

On or before the first day of August of each year, the City Engineer shall deliver to the City Clerk an abstract of all unpaid charges for repairs in the permanent record (required to be kept by the City Engineer pursuant to Section 29.39) for the preceding fiscal year ending June 30th. Such abstract shall show the property affected and the amount charged against the property pursuant to the provisions of Sections 29.48—29.49. Upon receipt of the abstract of charges, the City Clerk shall transmit a copy to the County Assessor and to the County Tax Collector for entry upon and collection with the next tax roll upon which general municipal taxes are collected. In addition, at the time of delivery of the annual tax rate statement to the County, the City Clerk shall include a statement of any amounts to be collected pursuant to this Article. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subject to the same interest and penalties and the same procedure and sale in case of delinquency.

(Ord. No. 2390, § 3, 1-28-13)

No charge imposed for repairs pursuant to Sections 29.47—29.48, or for any act relating to such charge, or the collection of the same hereunder, shall be illegal on account of informality, or because the same was not completed within the time required by law.

(Ord. No. 2390, § 3, 1-28-13)

A. Criminal Penalties. Any person who knowingly and willfully violates the requirements of this Chapter or any Condition of a Permit issued pursuant thereto is guilty of a misdemeanor and upon conviction thereof is punishable as set forth in Chapter 1 of this Code.

B. Civil Penalties. Any person in violation of this Chapter or any Condition of a Permit issued pursuant thereto shall be liable to the City of Redwood City for a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation.

C. Administrative Penalties. The Department may issue to any person an administrative citation pursuant to Chapter 1 of this Code, for violating this Chapter or any Condition of a Permit issued pursuant thereto. The administrative citation shall allege acts or omissions that constitute a violation and the amount of the proposed administration penalty sought. Such administrative penalty shall be in an amount not to exceed one thousand ($1,000.00) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation.

D. Non-Duplication of Penalty Assessment. Civil penalties shall not be assessed pursuant to Subsection B for same violations for which the Department assessed an administrative penalty pursuant to Subsection C.

E. Factors Considered. In determine the appropriate penalties, the court or the Director in accordance with the penalty proposed, shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.

F. Restitution. As a part of a criminal or civil penalty imposed by the City or a court, the City or court may also assess against any person who allows or causes the violation or unauthorized encroachment, as restitution and for deposit in the City's pavement damage restoration fund (i) an amount equal to the value of the unauthorized work done, or (ii) an amount equal to the prevailing cost, including equipment and labor costs, of restoring, repairing and replacing the damage to the right-of-way or City property.

G. Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of a violation of any provision of this Chapter.

H. Costs. In any civil action brought pursuant to this Chapter in which the City prevails, the court shall award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action and reasonable attorneys' fees.

I. Joint and Several Liabilities. If two (2) or more persons are responsible for any violation of the provisions of this Chapter or any Condition of a Permit issued pursuant thereto, they shall be jointly and severally liable for the penalties and remedies set forth herein.

(Ord. No. 2390, § 3, 1-28-13)