San Leandro Municipal Code Art. 4 Sidewalks, Driveways, Curbs

(Legislative History: Ordinance No. 1192 N.S., 2/9/59; Ordinance No. 1278 N.S., 8/22/60)

It is hereby declared to be unlawful for any person to repair or construct, or cause to be repaired or constructed by private contract in the City of San Leandro any sidewalk, driveway, curb, gutter, or paving, or to cut any curb for the purpose of constructing a driveway, or to begin excavation for the purpose of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first obtaining a permit as required in Article 2 of this Chapter.

When a driveway shall permanently cease to be used, the curb cut therefor, and all or a portion of the driveway, as determined by the Public Works Director, shall be removed and standard curb, gutter and sidewalk shall be constructed. The property owner shall remove the curb cut and driveway and construct curb, gutter and sidewalk or cause same to be removed and constructed, within 30 days of receiving written notice from the Public Works Director to do so. Should the property owner fail to perform such work or cause it to be performed within said 30 days, the Public Works Director shall have such work done at the expense of the property owner. The provisions of this section shall apply to all existing driveways whether or not the use thereof was heretofore abandoned, as well as to all such driveways which are constructed after the effective date of this section.

No building permit shall be issued under the terms of this Code for construction, additions or remodeling on any lot, tract, or parcel of land on the street frontage of which the sidewalk, curb, or gutter is not complete, unless said building permit is accompanied by the issuance of a permit under the terms of this Chapter for the completion of said improvements on the street frontage; except that if the Public Works Director determines that it is in the public interest he or she may waive all or a portion of the improvements required by the provisions of this section.

Any person owning real property in the City shall repair any dangerous or defective sidewalk lying in front of or along the side of his or her property. Any tenant of real property in the City shall report to the Public Works Director in writing any dangerous or defective sidewalk which exists in front of or along the side of property occupied by him or her. If, as a consequence of any sidewalk being dangerous or defective sufficient to endanger persons passing thereon, any person exercising ordinary care to avoid the danger who proximately suffers damage to his or her person or property because of a dangerous or defective sidewalk shall have recourse for such damages against the person failing to repair such defect or against the person failing to report the defect.

The City of San Leandro hereby adopts by this reference the provisions of Chapter 22, Part 3, Division 7 of the Streets and Highways Code for purpose of maintaining and repairing sidewalks and assessing the costs thereof. The said provisions shall be supplementary and alternative to all other authority of the City of San Leandro, and the Public Works Director is hereby authorized at his or her sole discretion to undertake sidewalk repairs in any other manner deemed necessary and proper. This section shall not be construed as creating an additional cause of action or liability on behalf of any property owner, person or the City.

It shall be unlawful for any person to drive a vehicle across a sidewalk unless the vehicle is driven on a driveway constructed for that purpose.