San Bernardino Municipal Code Ch. 12.92 Construction and Maintenance of Sidewalks, Curbs and Driveways

(A) This chapter shall apply to the maintenance, repair, construction, reconstruction or removal of sidewalks, gutters, pavements, driveways and curbs; the installation of storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, parkway trees and street lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway; the installation of storm and sanitary sewer drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, parkway trees and street lighting facilities, or curb, or all of them.

(B) This chapter shall apply to property fronting on, or otherwise adjacent to, or in conjunction with, any street, arterial or collector street section.

(C) This chapter shall apply to driveway construction, reconstruction or removal and curb infill in front of a vacant lot, unimproved property or where an existing driveway no longer serves any development on a lot or property.

(D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLOCK. Property facing one side of any street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. Street does not include an alley or other right-of-way, unless it is of the same width as a regular residential minimum-width street, approved as part of a master plan of circulation or streets by the city. In the case of an alley, BLOCK means property facing both sides of any alley between the next intersecting streets or alleys, or between the terminus of an alley and an intersecting street. In the case of street lighting, BLOCK means property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved; or property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved and the property facing the opposite side of the street. Where a BLOCK exceeds 1,000 feet in length, a length of frontage of 1,000 feet constitutes a BLOCK as used in this chapter, if so designated by the Director of Development Services. A determination by the Director of Development Services of such a 1,000-foot BLOCK establishes a BLOCK and cannot later be changed to include a portion of said 1,000-foot BLOCK in another BLOCK.

COST, CONSTRUCTION COST or variants thereof. The actual cost of construction of the work and any incidental or administrative expenses.

DRIVEWAY. A paved portion of a public street providing an unobstructed passage from the roadway to an off-street area used for driving, servicing, parking or otherwise accommodating motor vehicles.

FRONTING and FACING. Abutting in the case of property adjoining an alley improvement. In the case of street lighting, in determining how much of the front footage of a block has been improved, the front footage of property benefitting from existing installations may be included regardless of the side of the street on which the installation has been constructed.

SIDEWALKS or CURBS. Includes gutters, driveways, pavement to the center line of the street, full pavement in alleys, storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, paving to provide a parking lane on arterial or collector street sections, parkway trees and street lighting facilities.

SUPERINTENDENT OF STREETS. The Director of Development Services of the City of San Bernardino, or his or her designee.

(E) This chapter shall apply to the removal of existing curbs and gutters, and construction of new curbs and gutters and fill-in street paving, as required to match adjoining curb alignments, for parcels with a frontage of less than 300 feet.

(Ord. MC-691, passed 12-19-1989; Ord. MC-796, passed 7-2-1991; Ord. MC-1027, passed 9-9-1998)

The rules, regulations and procedures as set forth in the Cal. Streets and Highways Code, Division 7, Part 3, Chapters 22, 24 and 27 are adopted by reference except as modified by this chapter.

(Ord. MC-691, passed 12-19-1989)

(A) When the owners of lots or portions of lots fronting on any portion of a public street have driveways existing which no longer serve any improvements on said lot or parcel of property, the owners shall remove and eliminate the driveways and construct or reconstruct sidewalks, curbs and parkways in conformance with the remainder of the block.

(B) When the Director of Development Services finds any such abandoned driveways, the Director of Development Services shall notify the owners of the property to remove the abandoned driveways and to reconstruct the appurtenant areas.

(Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998)

(A) (1) For any lot with a total frontage of less than 300 feet on a public street where that lot’s existing curbs and gutters do not match adjoining sections, the owner of such lot shall remove the existing curbs and gutters and other appurtenant improvements in conflict and shall construct new curbs and gutters and other appurtenant improvements which are aligned with the adjoining sections. For corner lots, the parcel on the other side of the intersecting street shall be considered as an adjoining section.

(2) These improvements will be required only if the existing dedicated right-of-way for street and highway purposes will accommodate the relocation of the curbs and gutters, except for minor amounts required to allow construction of standard handicap ramps at intersections.

(B) When the Director of Development Services finds any such improvements adjoining any lots or portions of lots that need to be widened to match adjoining sections, the Director of Development Services shall notify the owners of the property to remove the existing improvements and construct new improvements, in conformance with the remainder of the block.

(Ord. MC-796, passed 7-2-1991; Ord. MC-1027, passed 9-9-1998)

(A) 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 and curb in such condition that the sidewalk and curb will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in its use.

(B) When the Director of Public Services finds any sidewalks or curbs out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in its use, the Director of Public Services shall notify the owners of the property fronting on that portion of such sidewalk or curb so out of repair to repair the sidewalk or curb.

(Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1274, passed 7-22-2008)

(A) The owners of lots or portions of lots fronting on any public street or place when the street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than 50% on one side of such street or place in any block, or where a petition signed by the owners of more than 60% of the front footage of any part of an unimproved portion or portions of a block has been filed with the City Clerk requesting the installation of such improvements in front of said part, or whenever the city, upon its own motion, orders the installation of such improvements in front of said part, shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the city.

(B) When the Director of Development Services finds that sidewalks or curbs have been constructed in front of properties constituting more than 50% of the frontage in any block, or where a petition signed by the owners of more than 60% of the front footage of the block has been filed with the City Clerk requesting the installation of such improvements, or whenever the city, upon its own motion, has ordered the installation of such improvements in front of said part, said Director of Development Services shall notify the owners of the property fronting on that portion of the street in such block in which no sidewalks or curbs have been constructed theretofore, to construct or cause to be constructed sidewalks or curbs in front of their property.

(Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998)

(A) Notice to construct, repair, maintain, remove or reconstruct sidewalks, curbs or driveways may be given by delivering a written notice personally to the owner of the property or to the person in possession of the property facing upon the sidewalks, curbs or driveways to be improved or by mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of the county. Immediately upon mailing the notice, the property shall be posted in a conspicuous place.

(B) The notice shall particularly specify what work is required to be done, where standard construction drawings may be obtained showing how it is to be done and what materials shall be used in the construction and shall further specify that if a permit is not obtained and the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion, the Director of Development Services shall cause the construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by all of the affected property owners, the 60-day period may be waived and the Director of Development Services may immediately cause the construction to be done, and the cost of the same shall be a lien upon the property.

(C) The notice shall specify the day, hour and place when the Mayor and City Council will hear objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall such hearing be sooner than ten days after giving notice. Upon the day and hour fixed for the hearing, the Mayor and City Council shall hear and pass upon objections or protests and their decision shall be final and conclusive.

(D) If the required improvements are not commenced and prosecuted to completion with due diligence as required by the notice, the Director of Development Services shall forthwith make the required improvements.

(Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998)

(A) Upon the completion of the improvements, the Director of Development Services shall cause notice of the cost of the improvements to be given in the manner specified in § 12.92.060, except for posting, said notice shall specify the day, hour and place when the Mayor and City Council will hear and pass upon a report by the Director of Development Services of the cost of the improvements, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such improvements and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice.

(B) The cost of the improvements may include administrative expenses required for the proper coordination and functioning of the improvements in front of the parcel as determined by the Mayor and City Council.

(C) Upon the day and hour fixed for the hearing, the Mayor and City Council shall hear and pass, upon the report of the Director of Development Services, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon, the Mayor and City Council may make such revision, correction or modifications in the report as it may deem just, after which, by resolution, the report, as submitted, or as revised, corrected or modified, shall be confirmed. The Mayor and City Council may adjourn the hearings from time to time. The decisions of the Mayor and City Council, on all protests and objections which may be made, shall be final and conclusive.

(D) Upon confirmation of the above report, the Mayor and City Council may order the notice of lien to be turned over to the accounting officer of the city, whereupon it shall be the duty of this officer to have the amount of the assessment added to the next regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

(Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998)

[Reserved]

(Repealed by Ord. MC-737, passed 7-16-1990)

(A) Time. No action, suit or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations therein, or to question the validity of, or to enjoin the collection of the assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter, all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds issued thereon.

(B) Property unlawfully dedicated or acquired. No proceedings taken or had under this division (B) shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained.

(Ord. MC-691, passed 12-19-1989)