San Joaquin Municipal Code Ch. 91 Streets and Sidewalks; Trees and Shrubs

Section

Curb Cut Regulations

Sidewalk Repairs

Public Thoroughfares; Performance of Work

House Numbering

Trees and Shrubs

CURB CUT REGULATIONS

It is generally recognized that provision must be made for the access of vehicles to private property from streets and alleys, but in regard to the same due consideration must be given to pedestrian and vehicle safety, the need for on-street parking spaces and the resulting interference with the movement of automotive traffic and interference with public improvements. In establishing permissible curb cuts and sidewalk driveway crossings for access to private property, it is the policy of the city to authorize the same only where they are necessary and only where they would not unreasonably interfere with the rights of the public in the adjacent street or alley, or unreasonably interfere with automotive traffic, or unreasonably eliminate on-street parking spaces.

(1994 Code, § 12.04.010)

For the purpose of this subchapter, the following definition apply unless the context clearly indicates or requires a different meaning.

CURB CUT. Includes the making of an opening in or through any existing curb and the leaving of voids in curbs when the same are constructed in any street or alley.

(1994 Code, § 12.04.020)

It is unlawful for any person, firm or corporation to cut, break or remove any curbing or sidewalk, or cause to have cut, broken or removed any curbing or sidewalk, or to install, or cause to be installed, any driveway, on any public street in the city, without first obtaining a permit to do so from the City Engineer or his or her authorized agent.

(1994 Code, § 12.04.030) Penalty, see § 10.99

No permit issued under § 91.003 of this subchapter shall be in conflict with the following regulations.

(A) The maximum width of any driveway shall be not more than 30 feet, as measured at the top of the curbing.

(B) The minimum distance between driveways serving the same lot or parcel of land shall be not less than 18 feet, as measured at the top of the curbing.

(C) Not more than 40% of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways.

(D) No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lamp posts, fire hydrants or other public improvements, either actual and in existence or officially approved and contemplated.

(E) No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.

(F) The necessary adjustments to utility facilities, light standards, fire hydrants, catch basins, street or railway signs, signals or other public improvements or installations shall be accomplished without cost to the city.

(G) All the work shall be done under the supervision of the City Engineer or his or her authorized agents and in accordance with city specifications in effect at the time of the work. Forms shall be inspected by the City Engineer or his or her authorized agents before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of the work.

(H) The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his or her own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his or her operations.

(I) No fee shall be charged by the city for the issuance of the permit.

(J) The City Council shall have the authority to rescind any permit heretofore or hereafter granted for a curb cut or sidewalk installation when it finds the action to be in the public interest.

(1994 Code, § 12.04.040)

In order that the provisions of this subchapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter hereof, or in cases where the applicant deems himself or herself aggrieved, appeal may be made to the City Council, and the Council shall have the power to vary, by resolution, the mandatory provisions hereof, or to modify or reverse the decision of the City Engineer or his or her authorized agents in any specific case in the manner that substantial justice is done and the spirit and purpose of this subchapter is upheld. The appeal shall be made in writing to the Council by filing with the City Clerk a written notice of the appeal, setting forth specific grounds or basis thereof. The notice must be filed within 30 days after the action appealed from. The City Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given to the applicant not less than five days prior to the hearing. At the hearing, the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The City Council may continue the hearing from time to time and its finding on appeal shall be final and conclusive in the matter.

(1994 Code, § 12.04.050)

It is unlawful for any person to violate any of the provisions of this subchapter, or any permit issued pursuant thereto. or to cause, permit or suffer the same to be done. Any curb cut, sidewalk installation or driveway made, done or installed or in any manner acted on contrary to the provisions of this subchapter or any permit issued thereunder shall constitute a public nuisance.

(1994 Code, § 12.04.060) Penalty, see § 10.99

SIDEWALK REPAIRS

It is unlawful for any person, firm or corporation owning or having in charge or control, any building, lot or premises in the city, fronting on any portion of an improved street or way, where a sidewalk is laid, either as owner, lessee, tenant or otherwise, to allow any portion of the sidewalk in front of the building, lot or premises, to be out of repair, and the person, firm or corporation must at all times keep the sidewalk in the condition that it will not endanger persons or property passing thereon, and will not interfere with public convenience in the use thereof.

(1994 Code, § 12.04.070) Penalty, see § 10.99

PUBLIC THOROUGHFARES; PERFORMANCE OF WORK

(A) It is unlawful for any person to make any excavation or dig any trench or remove or destroy in any way any curb, gutter, sidewalk or street pavement, or alter or tear up the surface, or sidewalk or street pavement, or gutter, driveway approach, drainage well, street or alley pavement, sewer, pipeline, conduit, pole, tank or anything else in or upon any public street, highway, thoroughfare, alley, sidewalk or other public place in the city without first receiving a permit from the City Superintendent of Streets and filing the bond and certificate or certificates of insurance hereinafter specified.

(B) The provisions hereof shall not apply to work done pursuant to a contract let therefore by the city or to work done with respect to a public utility service installation or maintenance when the work is done on streets prior to the installation of street surfacing.

(1994 Code, § 12.04.080) Penalty, see § 10.99

No permit shall be issued for the performance of any work until the applicant shall have filed with the city a corporate faithful performance or license bond in the sum of $2,000. The bond shall be conditioned on the faithful performance of the work for which the permit is to be issued in accordance with the laws of the city and the state pertaining thereto. Public utilities shall be exempt from the requirements of this section.

(1994 Code, § 12.04.090)

No permit shall be issued for the performance of any work until the applicant shall have filed with the city a certificate or certificates of insurance certifying that the person carries public liability insurance and property damage insurance insuring both the party and the city and its agents against loss by reason of injury to or death of person or damage to property in the following amounts:

(A) Public liability insurance in the amount of $50,000 to $100,000;

(B) Property damage insurance in the amount of $25,000; and

(C) Public utilities shall be exempt from the requirements of this section.

(1994 Code, § 12.04.100)

HOUSE NUMBERING

It is provided that all improved property within the city shall display in a conspicuous place a street number for the improved property, which numbers shall be in accordance with the street numbering plan of the county now in effect, which plan is adopted for the city and the numbers shall be assigned by the City Clerk. It is unlawful for any person to fail to display a street number as herein provided.

(1994 Code, § 12.08.010) (Ord. 45, passed - -1952) Penalty, see § 10.99

TREES AND SHRUBS

This subchapter shall be known as the "Tree Law" and may be cited as such.

(1994 Code, § 12.12.010)

The Superintendent of Streets, or his or her duly authorized representative, shall be charged with the enforcement of this subchapter.

(1994 Code, § 12.12.020)

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the city without the permission from the Superintendent of Streets.

(1994 Code, § 12.12.030) Penalty, see § 10.99

All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location with the recommendation of the Saratoga Horticultural Foundation and to the street tree plan of the city which are made a part of this subchapter.

(1994 Code, § 12.12.040)

(A) It is unlawful to plant in any public parking strip the following trees: Acacia, Black Walnut, Eucalyptus, Elm, Palm, Poplar, Tree of Heaven, Conifers, Sycamore.

(B) It is unlawful to plant Willow, Cottonwood or Poplar trees anywhere in the city unless the Superintendent of Streets approves the site as one where the roots will not interfere with a public sewer.

(1994 Code, § 12.12.050) Penalty, see § 10.99

The Superintendent of Streets, or his or her duly authorized representative, may cause to be trimmed, pruned or removed, any trees, shrubs, plants or vegetation in any parking strip or other public place. or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in any parking strip abutting upon the owner's property, and failure to comply therewith after 15 days' notice by the Superintendent of Streets shall be deemed a violation of this subchapter and unlawful.

(1994 Code, § 12.12.060) Penalty, see § 10.99

Any tree or shrub growing in a parking strip or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street, sewer, sidewalk or the full and safe operation of public utility wires, is declared to be a public nuisance, and the city may remove or trim the trees, or may require the property owner to remove or trim any tree on private property or on a parking strip abutting upon the owner's property. Failure of the property owner or his or her duly authorized agent to remove or trim the tree after 15 days' notice by the Superintendent of Streets shall be deemed a violation of this subchapter and unlawful, and the Superintendent of Streets may then remove or trim the tree. Nothing contained in this subchapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances.

(1994 Code, § 12.12.070) Penalty, see § 10.99

Appeals from directions and orders made hereunder may be made by filing written notice thereof with the City Clerk within ten days after the direction and order is received, stating in substance that appeal is being made from the direction and order to the City Council. The City Clerk shall thereupon call the appeal to the attention of the City Council at their next regular succeeding meeting, at which meeting the appellant and the Superintendent of Streets may present evidence. Action by the City Council after the hearing shall be conclusive, and in the event the City Council shall uphold the decision of the Superintendent of Streets, the property owner or his or her duly authorized agent, shall have ten days thereafter to comply with the notice.

(1994 Code, § 12.12.080)

Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his or her property or under his or her control in the condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.

(1994 Code, § 12.12.090)

No person, firm or corporation shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city, without prior permission and approval therefor from the Superintendent of Streets. The Superintendent of Streets is authorized to grant the permission in his or her discretion and where necessary, subject to the condition that the removed tree be replaced by an official tree in conformity with the street tree plan. No permission shall be valid for a longer period than 30 days after its issuance.

(1994 Code, § 12.12.100) Penalty, see § 10.99

It is unlawful to abuse, destroy or mutilate any tree, plant or shrub in a public parking strip or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill or other things to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to be placed or attached to the tree, or allow any gaseous, liquid or solid substances which are harmful to the trees to come in contact with their roots or leaves.

(1994 Code, § 12.12.110) Penalty, see § 10.99