St. Helena Municipal Code Ch. 12.08 Construction and Maintenance

CONSTRUCTION AND MAINTENANCE

Sections:

• 12.08.010 Duty of property owners to repair sidewalks. 12.08.020 Duty of property owners to clean public right-of-way in front of premises. 12.08.025 Liability for injuries to the public. 12.08.030 Enforcement of property owners’ duty to repair. 12.08.040 Water drains emptying into streets. 12.08.050 Permit required. 12.08.060 Application for permit—Posting of permit. 12.08.070 Permit need not be issued. 12.08.080 Concrete to be used—Exception. 12.08.090 Plans and specifications. 12.08.100 Construction standards on Main Street. 12.08.110 Obtaining correct line and grade. 12.08.120 Inspection, supervision and approval of work. 12.08.130 Responsibility for injuries—Protection of work. 12.08.140 Permit fees. 12.08.150 Repair requirements—Generally. 12.08.160 Grading and paving along railroad tracks generally. 12.08.170 Grading and paving along railroad tracks—Enforcement by director of public works.

• 12.08.180 Failure to comply.

A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce state code is vested in the superintendent of streets that authority shall be delegated to the director of public works for the city of St. Helena.

B. Notwithstanding California Streets and Highways Code Section 5610 through 5630 and subsection A of this section, the owners of lots or portions of lots fronting on any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.

C. Notwithstanding subsection B of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

D. In addition to the provisions of this chapter regarding the construction and maintenance of sidewalks, the director of public works may establish procedures and design standards which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and this title and any other applicable laws and regulations.

E. Where the provisions of this chapter and the California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended conflict, the more stringent code shall prevail. (Ord. 24-2 § 2; Ord. 06-3; prior code § 13.3)

A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the centerline of the street. It shall be the duty of the city to provide periodic street sweeping service to supplement the efforts of owners subject to this provision.

B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections.

C. It shall be the duty of every owner of real estate within the city and fronted by multiple streets accessible by the public to maintain the “visibility triangle” as defined and in accordance with Chapter 17.32. (Ord. 24-6 § 2; Ord. 24-2 § 2; prior code § 13.4)

A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.

B. Notwithstanding the duty of care established by subsection A of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 24-2 § 2; Ord. 06-3)

All provisions of California Streets and Highways Code Sections 5610 through 5661, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. (Prior code § 13.5)

All water drains constructed or maintained for the purpose of discharging water into the public streets shall be so constructed that the waters will not be discharged upon or over any sidewalk or permitted to flow over or across the same, but shall be conducted beneath the sidewalk and discharged into the gutter of the street beneath the curb line thereof. Except as specifically authorized by the director of public works, such drains may be only for the purpose of conducting water from the exteriors of buildings and other improvements and may not drain water or any other materials from within the buildings and other improvements. The director of public works may authorize a special water drain connection for the purpose of disposing of uncontaminated water from an overflow, ground water sump, condenser, or other source. In authorizing a special water drain connection, the director of public works will consider the quality and quantity of water to be drained into the street and possible impacts on the public. All water drains not in compliance with the provisions of this section shall be reconstructed so far as may be necessary to comply with the provisions of this section. (Prior code § 13.6)

It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the director of public works or the director’s designated representative. (Ord. 24-2 § 2; prior code § 13.13)

Any permit granted under the terms of this chapter shall be issued in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Ord. 24-2 § 2; prior code § 13.14)

Nothing in this chapter shall be deemed or construed to compel the city council or its duly authorized officer to issue a permit on any application that may be made therefor and as provided in this chapter if, in the judgment of the council or its duly authorized officer, the proposed work is against the best public interests, welfare or convenience. (Prior code § 13.15)

No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete within the urban limit line unless expressly approved by the director of public works. Asphaltic concrete (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the director of public works. (Ord. 24-2 § 2; prior code § 13.16)

All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters approved by the director of public works. (Ord. 24-2 § 2; prior code § 13.17)

A. It is made the duty of the city where public property is owned by the city in-fee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built or established along such frontage in a good state of repair so that they shall not endanger persons or property passing thereon or interfere with the public convenience in the use thereof.

B. The city may assume responsibility for maintenance of any sidewalk, curb or gutter within the city limits and within the public right-of-way by resolution if the city council finds that there is a public benefit to do so. Resolution shall clearly define the location of the segment of sidewalk, curb or gutter to be city responsibility and the maintenance activities for which the city will be responsible.

C. The city may rescind public responsibility for maintenance of any sidewalk, curb or gutter within the city limits and within the public right-of-way previously assumed by resolution of the city council if the city council finds that the public benefit cited in the aforementioned resolution no longer exists, never existed or was adopted in error. (Ord. 24-2 § 2; prior code § 13.18)

The director of public works may require a property owner(s) who constructs, alters or reconstructs sidewalk fronting their property to first obtain the correct line and grade at the property owner’s sole expense by a surveyor licensed in the state of California. The director of public works may waive this requirement when a property owner performs maintenance or repair of an existing sidewalk where the existing alignment is not in dispute and is being retained. (Ord. 24-6 § 3; Ord. 24-2 § 2; prior code § 13.19)

All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the director of public works or the director’s designated representative, and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Ord. 24-2 § 2; prior code § 13.20)

The one to whom any permit is provided by this chapter is granted shall thereby become and be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the doing of any of the work specified in such permit, and the permittee shall see that necessary barriers, “Street Closed” signs, lights and watchmen, or any thereof, as may be necessary to prevent accidents to the public and to protect work are provided. (Prior code § 13.21)

The city council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Ord. 24-2 § 2; prior code § 13.22)

When the director of public works determines a portion of the public right-of-way, for which the adjoining property owner is responsible, is needing repair, the director of public works or their designee shall issue written notice to the responsible property owner in the manner and form prescribed by Sections 5611 through 5614 of the California Streets and Highways Code. The notice shall describe the repair to be made, reference the applicable city construction standard and specify the time period to complete the work.

An owner who fails or neglects to complete the repair within the time period specified in the notice or adhere to the city construction standard shall be guilty of a misdemeanor and shall also forfeit to the city the sum of fifty dollars ($50.00) and the actual cost for the city to complete the repair in the owner’s stead. Such sum may be recovered by the city in a civil action brought in any court of competent jurisdiction. (Ord. 24-6 § 4; Ord. 24-2 § 2; prior code § 13.42)

The city council being of the opinion and having in its judgment decided that the method of construction herein provided is necessary, does specify that when any street in the city has or hereafter shall be graded and paved with an asphalt wearing surface, on a concrete or other base, and there are railroad tracks laid in the street, the portions of the street between and under the tracks and for a distance of two feet on each side thereof, shall be graded and paved in the same manner and with the same materials as the rest of the street is graded and paved, subject to the following modifications adjudged by the city council to be necessary for the preservation of the pavement:

The tracks shall be laid flush with the official grade of the street, the rails to be secured to the ties on tie plates three-fourths of an inch in thickness and the ties to be spaced at thirty (30) inches apart center to center, except at joints where one tie will be placed under the end of each rail. Pockets under the rails between ties will be dug out and the entire width of the roadbed brought to the form shown on the plans hereinafter referred to, and the pockets and the space above the level of the base of the tie plates shall be filled with concrete thoroughly tamped and worked into such pockets and brought up solidly under the base of the rails and elsewhere brought to a true finish one and one-half inches below the official grade of the street and parallel thereto.

Paving bricks of good quality and suitable shape shall be set alongside the heads of “T” rails as shown on such plans; these to be set on sand cushions as shown therein. Where grooved rails are used, the pavement surface shall be finished with asphaltic paving mixture only.

After the paving bricks are set in place the space occupied by the toothing shall be filled with concrete. The joints between the tracks and the rails shall be filled with asphaltic cement.

Upon the base thus formed shall be laid an asphaltic wearing surface one and one-half inches in thickness and to the official line and grade of the street. It shall be laid and constructed in like manner as the wearing surface on adjacent portions of the street on each side of the railroad.

The plan and specifications for the paving, prepared by C. H. Wallace, former town engineer, and filed in the office of the city clerk are adopted for a further description of the method of doing the work and by special reference thereto are made a part of this section; provided, that when any of the work is done under contract awarded by any of the officials of the city, the superintendent therein referred to shall be the street superintendent and when any of the work is done by private contract executed by any person or corporation owning any of the railroad tracks within the city, the superintendent of streets shall not have charge of the work, although he or she shall have the right to inspect the same as therein provided and to require that it shall be done in accordance with the regulations herein adopted. Any work not so done will not be accepted by the city. (Prior code § 13.43)

It is made the duty of the director of public works to enforce the provisions of Sections 12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the director of public works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without intermission until the same be completed, under the inspection and to the satisfaction of the director of public works and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the director of public works. When any such pavement is hereafter required to be repaired under the provisions of said sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Ord. 24-2 § 2; prior code § 13.44)

Should any person fail to grade or pave any such street as required by Sections 12.08.160 through 12.08.180 or to comply with any notice that the director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the director of public works so to do; such person so failing therein shall be guilty of an infraction for each and every day that such person shall fail therein after receiving notice from the director of public works so to do. Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. (Ord. 24-2 § 2; prior code § 13.45)