Santa Maria Municipal Code Ch. 8-6 Sidewalk and Street-Edge Maintenance and Improvement

The provisions codified in this chapter are adopted to implement and supplement the Streets and Highways Code as it exists as of the adoption of the ordinance from which this section derives and as it may be amended from time to time.

(Prior Code § 22-1)

Except as specifically excluded by the Streets and Highways Code, or this chapter, the provisions of this chapter shall apply to any work on streets and sidewalks within the public right-of-way within the incorporated area of the City.

(Prior Code § 22-2)

Whenever any words or phrases used in this chapter are not defined in this section but are defined in the Streets and Highways Code or elsewhere in this Code, such definitions are incorporated in this chapter and shall apply as though set forth in full in this chapter. The following words and phrases shall have the meanings respectively ascribed to them:

"Any single lot or parcel of land"

means any lot or parcel of property or any group of contiguous lots or parcels of real property which serve one residence or one business or industrial establishment, regardless of the fact that the several lots or parcels are owned by, or are under lease to, different persons.

"City Public Works Department plans and specifications"

means the City's standard plans and specifications that are on file in the office of the Director of Public Works and are used for construction of such items including but not limited to concrete curb, gutter, driveways and sidewalks, street paving, street lights, water, storm drain and sewer lines and tree wells. Periodic revisions are made on these standard plans and specifications from time to time as the need arises and copies are available for purchase from the office of the Director of Public Works.

"Permit"

means the public improvement/encroachment permit required for construction or reconstruction of public improvements and/or encroachment work authorized by Council Resolution 79-4866. "Public improvements" includes but is not necessarily limited to concrete curb, gutter, driveways and sidewalk, street paving, street lights, water, storm drain and sewer lines and tree wells. Provisions of the resolution provide for periodic updating of fees contained therein.

"Streets and Highways Code"

means the provisions of the California Streets and Highways Code, Division 7, and such amendments and additions as may have been made to those provisions.

"Width of driveway"

means the width of such driveway at the top of the curb and not the width of such driveway at street or gutter level.

(Prior Code § 22-4)

The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including but not limited to sidewalk, parkway, curb and gutter and driveway located in public rights-of-way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this chapter and Chapter 22 (beginning with Section 5600) of Part 3, Division 7 of the Streets and Highways Code. If an abutting property owner fails to maintain a sidewalk in a non-dangerous condition and any person suffers injuries as a result thereof, the property owner shall be liable to such person for the resulting damages or injury.

(Prior Code § 22-5; Ord. 2006-02, eff. 3/21/06)

(a) It is unlawful and a public nuisance to permit rainwater and water to be discharged from any building in the City through a spout or drain or outlet of any kind down upon the sidewalk or any sidewalk in the City. All rainwater or water spouts, drains or outlets existing as of the effective date of the ordinance from which this section derives which permit rainwater or water to be discharged from any building on any sidewalk shall be so repaired and constructed that the rainwater or water is carried under the sidewalk and discharged into the gutter and upon the street without flowing over or upon the sidewalk.

(b) All rain spouts, drains or other outlets for rainwater or water from any business building in the City which may be built shall be so constructed that they discharge their water under the sidewalk and into the gutter so that the water does not flow upon the sidewalk.

(Prior Code § 17-14; Ord. 2007-08, eff. 7/5/07)

It is unlawful for any person to install such items including but not limited to sidewalk, parkway improvements, underground pipeline, curb or gutter, driveway or to remove or to reconstruct the same on any public street or way in the City, without first securing a public improvement/encroachment permit from the Public Works Department. Painting address numbers on curbs shall also require an encroachment permit. Failure to do so is not in compliance with the requirements specified in this chapter. It shall be the responsibility of the permittee to provide all information necessary for issuance of the permit and to provide all work necessary for the completion of the work permitted. All work shall be done in accordance with the standard plans and specifications on file in the office of the Director of Public Works.

(Prior Code § 22-6; Ord. 2009-18, eff. 10/1/09)

It is unlawful to construct or cause to be constructed more than one driveway upon a street fronting on any single lot or parcel of land, unless there is at least 20 feet of unbroken curbing separating the several driveways and it is in all cases unlawful to construct or cause to be constructed upon a street fronting on any single lot or parcel of land driveways of an aggregate width greater than 50% of the frontage of the property upon the street.

(Prior Code § 22-7)

The provisions of this chapter shall apply to work described in this chapter which is done or installed by any individual person. Nothing provided in this chapter shall prevent proceedings being taken under any improvement act or prevent work under any improvement act from being done in accordance with plans and specifications which are different from those provided in this chapter.

(Prior Code § 22-8)

Whenever in the opinion of the Director of Public Works, the Planning Commission or the City Council, the work involved in the repair or maintenance of any streets or sidewalk areas, the discharge of water to sidewalks, or multiple driveway separation is of such unique location or condition, or is inadvisable or impractical in the particular case to conform to the regulations contained in this chapter, the Director of Public Works, Planning Commission or City Council may make modifications thereof as in their opinion are reasonably necessary or expedient and in conformity with the Streets and Highways Code. The authority granted in this section is limited to modification of requirements in Chapter 8-6 of this Code, and shall extend to no other requirement of this Code.

(Prior Code § 22-3; Ord. 98-17, eff. 01/14/99)