San Bernardino Municipal Code Ch. 12.28 Improvements

Section

Statutory reference:

For the Improvement Act of 1911, see Cal. Streets and Highways Code, §§ 5000 et seq.

(A) Before the Mayor and City Council adopt any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both, herein referred to as “improvement,” where the cost thereof is to be paid in whole or in part by special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the Mayor and City Council as provided herein that the public convenience and necessity require the same.

(B) If such procedure is not so followed and if such finding and determination is not made pursuant thereto, the requirements otherwise prescribed by Cal. Streets and Highways Code, Division 4, and Article XIII, § 24 of the California Constitution shall be complied with before any such resolution or ordinance may be adopted.

(Ord. 2063, passed 5-17-1955)

The Mayor and City Council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and all particulars relative thereto, which plans, profiles, specifications, maps or plats shall be on file with the City Clerk or the City Engineer and open to inspection.

(Ord. 2063, passed 5-17-1955)

The hearing required by this chapter may be a separate hearing or may be combined and held concurrently with the hearing required by the Improvement Act, pursuant to which the improvement proceeding is proposed.

(Ord. 2063, passed 5-17-1955)

Statutory reference:

Improvement Act of 1911, see Cal. Streets and Highways Code, §§ 5000 et seq.

Whether the hearing is held separate, or combined and held concurrently with the hearing required by the Improvement Act, pursuant to which the improvement proceeding is proposed, notice shall be given by posting and publication in the manner prescribed by the Improvement Act involved, and if the hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the Improvement Act under which the improvement proceeding is proposed.

(Ord. 2063, passed 5-17-1955)

(A) The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvement, the Mayor and City Council shall consider and pass upon all protests filed and all matters presented, and their decision thereon shall be final and conclusive.

(B) If, by such decision, the Mayor and City Council find and determine by no less than a four-fifths vote of all members thereof that the public convenience and necessity require such improvement, the Mayor and City Council may thereafter, in accordance with the Improvement Act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the Mayor and City Council as authorized by the improvement act for the project.

(C) After such finding and determination by the Mayor and City Council, the provisions of law for debt limitation and majority protest, as mentioned in Article XIII, § 24 of the California Constitution, shall not apply.

(Ord. 2063, passed 5-17-1955)

It is unlawful for any person, firm or corporation to grade, prepare, subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, sidewalks, manholes, catch basins, retaining walls, traffic signals, street lighting systems or similar structures in any street, alley or way, which street, alley or way is dedicated or proposed to be dedicated for public use, within the city, without first obtaining a written permit from the city to do so. No such permit shall be issued for use of quarry tile or ceramic tile for such improvements, but permission may be granted for use of patterned concrete in such sidewalks, street medians and parkways. The Director of Development Services may establish a standard color for patterned concrete to be placed in sidewalks, street medians and parkways on public developments, but the developer shall have the right to choose the color if the improvements are being made by a private developer.

(Ord. 1963, passed 11-18-1952; Ord. 2519, passed 8-20-1963; Ord. 3918, passed 2-25-1980; Ord. MC-320, passed 12-6-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-1027, passed 9-9-1998)

Any person, firm or corporation desiring a permit under this chapter shall present a written application therefor to the City Engineer, setting forth the name and address of the applicant; details concerning the location, nature and extent of construction intended to be made; and the purpose for which the construction is to be made and used.

(Ord. 1963, passed 11-18-1952)

For construction, repair and alteration of sidewalks, curbs, gutters, driveways, subgrades and pavements, manholes, catch basins, retaining walls, traffic signals, street lighting systems and other structures, and for excavating, laying and backfilling sewers and drainage pipe lines, concerning which specifications, lines and grades therefor shall be determined by the City Engineer, charges for inspections and construction staking shall be based upon a schedule of fees fixed by resolution duly adopted by the Mayor and City Council after the conclusion of a public hearing relating thereto.

(Ord. 1963, passed 11-18-1952; Ord. 3432, passed 6-17-1974; Ord. 3918, passed 2-25-1980)

Charges shall be made by the City Engineer and paid by the applicant for checking improvement plans relating to street projects, except as otherwise provided in Title 18, based upon a schedule of fees fixed by resolution duly adopted by the Mayor and City Council after the conclusion of a public hearing relating thereto.

(Ord. 1963, passed 11-18-1952; Ord. 3432, passed 6-17-1974)

(A) It is unlawful for any person, firm or corporation performing work under this chapter to fail, neglect or refuse to remove all unused materials and debris within three days after completion of the work.

(B) The materials used in the construction work may be stored on adjacent public property during the course of construction; provided that the same are so placed and safeguarded by lights, warning signs and barricades, as not to constitute a hazard to public peace and safety.

(C) No driveway approach shall cross over a lot line as extended without the consent of the City Engineer.

(D) Raw materials and workmanship for work provided under this chapter shall conform to applicable provisions of standard specifications on file in the office of the City Engineer.

(E) Any person, firm or corporation doing work under this chapter shall cause all such work to be inspected by the City Engineer’s office, and shall notify said Department 24 hours before the time set for inspection. Work completed without such notice or request for inspection will not be accepted, and work done during the absence of said inspector may not be accepted by the city. All work to be performed under this chapter shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the City Engineer, or his or her authorized inspector.

(Ord. 1963, passed 11-18-1952; Ord. MC-460, passed 5-15-1985)

(A) Civil penalties. Any person, firm or corporation doing work for which a permit is required under this chapter, without having first obtained such permit, shall be required to pay fees for all such work in an amount twice the amount fixed by resolution for such work.

(B) Criminal penalties. Any person, firm or corporation violating any provision of §§ 12.28.060 through 12.28.100 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1963, passed 11-18-1952; Ord. 3774, passed 11-9-1978; Ord. MC-460, passed 5-15-1985)