Chapter 13.08

CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS*

Sections:

• 13.08.010 Superintendent of streets defined. 13.08.020 Permit - Required.

• 13.08.030 Permit - Contractor bond required. 13.08.040 Permit - Deposits by property owner required when.

*State law reference— For statutory provisions on the construction of curbs and sidewalks, see Str. And Hwys. Code § 5870 et seq.

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STREETS, SIDEWALKS AND PUBLIC PLACES

§ 13.08.050

• 13.08.060 Notice of start of construction.

• 13.08.070 Contractor - Liability.

• 13.08.080 Permit - Period of validity - Extensions.

• 13.08.090 Failure to remove debris - Deposit to be used.

• 13.08.100 Deposit refund conditions.

• 13.08.110 Work to conform with city specifications - Permit revocation conditions.

• 13.08.120 Asphaltic material prohibited.

• 13.08.130 Exceptions to chapter applicability.

As used in this chapter, the term "superintendent of streets" means the director of public works. (Prior code § 7161a.)

No cement or artificial stone sidewalk, driveway, curb or gutter shall be constructed until the person proposing to construct the same shall have procured from the superintendent of streets a permit which shall contain the name of the owner of the premises abutting on the proposed sidewalk, driveway, curb or gutter, the width and length of said sidewalk, driveway, curb or gutter, and the name of the contractor, or in case said work is to be done by day labor, the name of the person who is to have actual charge of said work. (Prior code § 7150; Ord. 18385.)

No permit shall be issued to construct any sidewalk, driveway, curb or gutter by a contractor until the contractor proposing to do the work shall have first filed with the superintendent of streets a good and substantial bond in the sum set forth in the schedule of fees established by resolution of council, payable to the City of San José and ap-

proved by the city attorney, conditioned that sidewalks, driveways, curbs or gutters laid or constructed, within the life of said bond, shall be laid to official grade and in a good and workmanlike manner and in accordance with all provisions of specifications adopted by the city council for the laying of such sidewalk, driveway, curb or gutter; and provided further, that said contractor shall, upon the request of superintendent of streets, repair any damage which the said sidewalk, driveway, curb or gutter constructed by said contractor shall have suffered by reason of defective workmanship or materials within one year from the completion of said construction.

(Prior code § 7153; Ord. 21291.)

Before issuing a permit to any property owner or his attorney-in-fact proposing to lay, in front of his own property where said work is not laid by contractor, artificial stone or cement sidewalk, driveway, curb or gutter, the superintendent of streets shall require a deposit of an amount set forth in the schedule of fees established by resolution of council as a guarantee to the city that said permittee shall remove, or cause to be removed, all dirt, debris and/or material of any kind from the work, and to the satisfaction of the superintendent of streets, immediately upon the completion of the work for which the permit was granted. (Prior code § 7156; Ord. 21291.)

Any contractor proposing to lay cement sidewalk, driveway, curb or gutter must file with the superintendent of streets a bond as above described, which bond shall be taken as security for the faithful performance of all contracts for sidewalks, driveways, curbs or gutters entered into by him within five years of the date of approval of said bond, providing said security for a period of one year from and after the date of completion of the construction of said sidewalks, driveways, curbs or gutters, provided that the superintendent of streets

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SAN JOSÉ CODE

§ 13.08.050

may at any time within said five-year period, require said contractor to file a new bond with different sureties to be approved by the city attorney. Nothing herein contained shall be construed to apply to any person laying cement or artificial stone sidewalk, driveway, curb or gutter in front of his own premises as herein otherwise provided. (Prior code § 7154.)

Permittees under valid permits issued as hereinabove required, shall notify the superintendent of streets not later than twenty-four hours in advance of starting the construction of the sidewalk, driveway, curb or gutter. Said notice shall contain the number of the permit under which the said permittee intends to commence construction of the sidewalk, driveway, curb or gutter. (Prior code § 7152.)

In the event of any contractor becoming liable for any defective workmanship or material in the construction of any sidewalk, driveway, curb or gutter, according to the terms of any bond provided by the contractor, the superintendent of streets shall refuse to issue further permits to said contractor and shall report said liability to the city council who may thereupon direct the superintendent to make all improvements occasioned by the breach of the contractor, and require the city attorney to take necessary steps against the said contractor to recover the cost of improvements required to be done and made by the superintendent of streets. (Prior code § 7155.)

No such permit shall be valid for a longer period than thirty days from its date of issuance; provided, however, that the superintendent of streets, at his option, may grant an extension of an additional period of thirty days. (Prior code § 7151.)

Upon the failure or neglect of a permittee property owner to remove or cause to be removed, to the satisfaction of the superintendent of streets, dirt, debris and/or other material as aforesaid, within forty-eight hours after being notified so to do by the superintendent of streets, said superintendent shall use as much of the deposit as shall be necessary to meet the cost of the removal of dirt, debris and/or other materials.

(Prior code § 7157.)

A property owning permittee may withdraw his guarantee deposit, or any balance thereof, when the superintendent of streets is satisfied that all dirt, debris and/or other materials have been removed from the location of the work for which the permit was granted.

(Prior code § 7158.)

All cement or artificial stone sidewalks, driveways, curbs or gutters constructed within the city must conform to specifications adopted by the city council and shall be subject to the approval of the superintendent of streets. Said superintendent shall have the power at any time to revoke the permit of and to prevent the completion of any sidewalk, driveway, curb or gutter work by any person who willfully, and after notice, proceeds to construct the same in violation of said specifications, or contrary to the terms of the permit issued by said superintendent.

(Prior code § 7159.)

No person shall construct nor cause to be constructed any sidewalk of asphaltic concrete or other asphaltic material, contrary to the specifications of the city engineer. No person shall place nor

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STREETS, SIDEWALKS AND PUBLIC PLACES

§ 13.14.112

cause to be placed, nor maintain in any parkway within the city any asphaltic concrete or other asphaltic material.

(Prior code § 7160.)

Nothing contained in this chapter shall apply to or affect the construction of any cement or artificial stone sidewalks, curbs or gutters under the provisions of the Charter of the city and any improvement proceeding conducted under any statute of the state of California or under or pursuant to any other code provisions, ordinances or resolutions of the city.

(Prior code § 7161; Ord. 20156.)