Selma Municipal Code Ch. 1 Streets, Sidewalks and Curbs

All streets in the city are to be graded and shall at the time and in the manner hereinafter specified be graded to the official grade with gutters on each side of the street, except at street crossings, which street crossings shall be six inches (6") lower than the center of the street and the street shall have a uniform curve from gutter to gutter. (Ord. 483, 4-16-1956)

Every owner of real property bordering on any street in the city shall, in the manner hereinafter specified, and at the times hereinafter specified, construct and maintain in good repair and in clean condition, a sidewalk and curb and gutter along the street adjacent to the real property.

(A) When land is subdivided and work is done therein, the subdivider shall, at his own cost, install curbs and gutters.

(B) When a parcel of unimproved land is to be used for a building site, the owner shall install curbs, gutters and sidewalks at his own expense.

(C) When a parcel of land has buildings or other improvements located thereon, has no street improvements including curbs, gutters and sidewalks and the owner wishes to remodel, add a structure or other improvement and the improvements have a value of three thousand dollars ($3,000.00), then curbs, gutters and sidewalks shall be required. (Ord. 2014-1, 2-18-2014)

Sidewalks shall be constructed in conformity with the official grade of the streets as now established or as may hereafter be established by the engineer or director of public works. (Ord. 626, 5-1-1967)

It shall be unlawful for tractors with wheels injurious to pavement to be permitted upon the public thoroughfares unless the operator of such vehicle shall first plank such streets. (Ord. 2001-8, 11-19-2001)

It shall be unlawful for any person to play ball or throw any ball to and from upon any public thoroughfare in the city. (Ord. 2001-8, 11-19-2001)

All sidewalks and curbs shall conform strictly to grade and line stakes, and after the line stakes are once set, constructors and others must use due care in preserving the stakes. Inspection of the premises by the superintendent of streets shall be required prior to the installation of curbs and sidewalks. All work done and materials furnished shall be first class in all respects and shall be done to the satisfaction and acceptance of the superintendent of streets upon completion of sidewalks or curbs. (Ord. 483, 4-16-1956)

It shall be the duty of the superintendent of streets to place proper signals or warnings at each end of any sidewalk or street on which any new asphalt or pavement is being constructed at or before the time the work is commenced and to maintain such warnings at the place until the work is completed and opened for public use. (Ord. 143, 3-31-1911)

It shall be unlawful for any person to obstruct any sidewalk by causing to be placed thereon any obstruction or any material that would interfere with the free passage of persons using the sidewalk.

It shall be unlawful for any person owning property fronting upon a sidewalk to permit any material or thing to be placed upon the sidewalk or to remain thereon.

This section shall not apply to persons doing business in the city while such persons are transferring into or out of their place of business any merchandise, produce or other article of trade. Any person doing business in the city shall have the right at any time in the necessary course of business to transport articles of trade in which they are dealing across any sidewalk, but in such instances shall not obstruct the sidewalk for a longer time than is necessary for the transfer of such articles. (Ord. 145, 5-1-1911)

It is the purpose of this section to provide sidewalk area maintenance and repair procedures which are alternative and supplementary to the procedures set forth in the Streets And Highways Code, division 7, part 3, chapter 22, commencing at section 5600, as those sections now exist or may hereafter be amended or renumbered. The city, in each instance, may follow the procedures set forth in the Streets And Highways Code or those set forth in this chapter, or some combination thereof. In the event of any conflict between the provisions of the Streets And Highways Code and this section, the provisions of this section shall control.

(A) Definitions: For purposes of this chapter, the following definitions apply:

DEFECTIVE SIDEWALK: A sidewalk area where, in the judgment of the director, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk area is in such a condition as to endanger property or persons using the sidewalk area in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.

DIRECTOR: The public works director, or his/her designee; "director" shall have the same meaning as the term "superintendent of streets" as utilized in the Streets And Highways Code section 5600 et seq.

LOT, LOTS OR PORTIONS OF A LOT: A parcel of real property located within the city adjacent to or fronting on any portion of a sidewalk area, and when used in connection with the phrase "adjacent to or fronting on the defective sidewalk", or variation thereof, shall refer to the property in front of or along the side of the defective sidewalk.

MAINTAIN AND REPAIR: Shall mean maintenance so that the sidewalk area remains in a condition that is not dangerous to property or persons using the sidewalk area in a reasonable manner and in a condition that will not interfere with the public convenience in use of the sidewalk area, and shall include, but not be limited to: maintenance and repair of sidewalks including grinding, removal and replacement of sidewalks; maintenance and repair of curbs and gutters; removal and filling or replacement of parking strips; removal of weeds and/or debris; supervision and maintenance of permissible signs and removal of impermissible signs; tree root pruning and installing root barriers; trimming of trees, shrubs and/or ground cover including areas within park strips and between the property line of the adjacent property and the street pavement line. Any root pruning, trimming or removal of trees or shrubs as a part of sidewalk maintenance and repair is subject to the provisions of chapter 4 of this title.

OWNER: Any person owning a lot, lots, or portions of a lot within the city, adjacent to or fronting on any portion of a sidewalk area.

PERSON: Shall include a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

SIDEWALK AREA: That portion of a street between the street pavement line and the adjacent property line, including curbs and gutters, sidewalks, a park or parking strip, bulkheads, retaining walls, or other works for the protection of any sidewalk area, including any sidewalk, curb and gutter located on side yard frontage.

(B) Owner's Duty To Maintain And Repair Sidewalk Areas: The owner of a lot, lots or portions of a lot adjacent to or fronting on any portion of a sidewalk area shall maintain the sidewalk area in a safe and nondangerous condition, and shall repair such sidewalk area and pay the costs and expenses therefor, including, but not limited to, charges for the city's costs of inspection and administration whenever the city undertakes sidewalk maintenance and repair pursuant to subsections (D) and (E) of this section, and including the costs of collection and placing any assessment lien on the property due to failure of the owner to promptly pay such costs. The procedures set forth in the Streets And Highways Code section 5600 et seq., shall apply to the imposition and collection of costs and assessments.

(C) Liability For Injuries To Public: The owner required by subsection (B) of this section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a safe and nondangerous condition as required by subsection (B) of this section, any person suffers injury to or damage to person or property, the owner shall be liable to such person for the resulting damage or injury.

(D) Notice To Repair: Where the director has actual notice of the existence of a defective sidewalk, the director may give written notice to repair the defective sidewalk to the owner of the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk. Service of the notice to repair shall be by either regular U.S. mail or by personal service. The notice to repair shall particularly specify what work is required to be done and how the same is to be done and what materials shall be used in the repair; that if the owner proceeds to undertake the repair by private contract, his/her activities will be governed by the provisions of this chapter; the time period within which the repair must be commenced by the owner; and that if the repair is not commenced within such time period and prosecuted diligently without interruption to completion, the director may proceed with the repair, and the cost shall be a lien on the property upon the owner's failure to timely reimburse the city for such cost pursuant to subsection (E) of this section. The materials and construction work shall be in strict conformance with the applicable portions of the city's standard specifications as they now exist, or as they may hereafter be amended.

Prior to commencing repairs, the owner will apply for and obtain an encroachment permit from the public works department. For the purposes of this section, the owner is deemed to timely commence the repair of the defective sidewalk by the filing of an application for an encroachment permit within the time period specified in the notice to repair.

The owner may request that the city perform the repair work. If so requested, the city may, at its sole discretion, perform the repair work with city forces, or may contract with a vendor of the city's choosing to perform the work. In either case the property owner will remain responsible for all costs of repair. As provided in section 9-1-13 of this chapter, the owner may request financing of the repair costs, not to exceed two thousand five hundred dollars ($2,500.00), from the city's curb, gutter, and sidewalk revolving fund or a grant in the amount of two hundred fifty dollars ($250.00) to defray a portion of such cost. The owner is deemed to have timely commenced repair of the defective sidewalk upon approval by the city manager of the owner's request for financing. Bills for required repairs that were not commenced within the time frame as specified by the notice may not be financed through the city's curb, gutter, and sidewalk revolving fund.

The director may direct city forces to correct minor sidewalk repairs limited to grinding and/or ramping if such repairs can be made in compliance with all applicable laws and regulations. Said repairs are at the sole discretion of the city, and they in no way relieve the owner of the liabilities identified in subsection (C) of this section or any other liability, nor do they set a precedent for future repairs.

(E) Failure To Make Required Repairs: If the person(s) provided with a notice to repair fails to commence the repairs within the time period specified in said notice, or timely commences the repair but fails to diligently prosecute the same without interruption to completion, the director may thereafter cause the city to make the required repairs and bill the person(s) for the cost thereof. If such person(s) fails to pay the cost within the time period specified in the payment invoice, the unpaid sum shall be a lien on the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk.

(F) Nonexclusive: In addition to the remedies and procedures set forth in this chapter, the director may use any other remedy in this code or available at law. (Ord. 2014-1, 2-18-2014)

A curb, gutter, and sidewalk revolving fund in the sum of twenty five thousand dollars ($25,000.00) for financing and paying for the installation of curbs, gutters, and sidewalks in the city is hereby established, and the finance department is directed to transfer from the streets fund into the curb, gutter, and sidewalk revolving fund the sum of twenty five thousand dollars ($25,000.00). The curb, gutter and sidewalk revolving fund shall thereafter be maintained, if at all, as determined necessary by resolution of the city council.

(A) Purpose: The curb, gutter, and sidewalk revolving fund shall be used and expended only to provide monies to construct or repair curbs, gutters, and sidewalks in public street rights of way in the city adjacent to the real property of such of the owners thereof as may elect to cause curbs, gutters, and sidewalks to be repaired, built, erected, constructed, and completed and payment thereof to be made from the curb, gutter, and sidewalk revolving fund in accordance with the provisions of this section.

(B) Construction Standards: All curbs, gutters, and sidewalks installed as provided in this chapter shall be constructed in conformity with the standard plans and specifications of the city and to the satisfaction of the city engineer.

(C) Advances; Applications And Agreements: Any owner of real property desiring to finance the construction of curbs, gutters, and sidewalks from the curb, gutter, and sidewalk revolving fund shall make a written application and pay an application processing fee in an amount as set and/or amended by resolution of the city council to the public works department. The maximum amount that may be requested is two thousand five hundred dollars ($2,500.00). If such application is accepted and approved, the city and the owner shall enter into a written agreement, including a promissory note, recorded on the property for the payment for such construction from said fund. Said owner shall by such agreement obligate himself to repay to the city all sums paid from said fund for such construction. The entire amount thereof to be fully repaid to the city within a period of not exceeding five (5) years from the date of such agreement, and on such terms and under such conditions as may be set forth in such written agreement. The entire balance due under such agreement shall constitute a special assessment against the parcel of real property thus benefited, and shall be a lien on the property for the amount thereof including a prorated share of the administration cost not to exceed one hundred dollars ($100.00) per year, and shall continue to be a lien thereon until the full amount thereof is paid and discharged in full.

Alternatively, as owner of real property desiring to construct curbs, gutters and sidewalks may apply for and receive a grant in the maximum amount of two hundred fifty dollars ($250.00) which shall be used as payment of all or part of the cost of such construction. No property owner may apply for or receive both the maximum two thousand five hundred dollar ($2,500.00) advance and the maximum two hundred fifty dollar ($250.00) grant referred to herein.

(D) Advances; Assessments As Taxes: The finance department, on or before the first Monday in March of each year, shall cause to be filed with the county assessor a description of the property, together with the name of the owner or reputed owner thereof, against which such special assessment shall be made, and the installments then due and unpaid, with administrative fees, together with all other sums of money due and unpaid under such agreement, may be assessed as taxes against the real property, and the amount of money so assessed shall bear the same penalties and interest as taxes regularly assessed on default of payment thereof.

(E) Deposits: All money received by the city under such written agreements or assessed or collected by the city shall be deposited in the curb, gutter, and sidewalk revolving fund. (Ord. 2014-1, 2-18-2014)