Chapter 8.12 — STREET WORK

Section 8.12.010 Street excavating.

8.12.020 Warning lights. 8.12.030 Width of excavation. 8.12.040 Guards—Notices. 8.12.050 Construction permit, data required. 8.12.060 Decorative curbs and sidewalks. 8.12.070 Decorative curbs and sidewalks—Streets designated. 8.12.080 Limitations upon curb opening—Frontage. 8.12.090 Maximum driveway width. 8.12.100 Distance between driveways. 8.12.110 Distance of curb opening from corner. 8.12.120 Distance from utility structures. 8.12.130 Application for construction permit. 8.12.140 Modifications by Street Superintendent. 8.12.150 Conformance with specifications—Inspection. 8.12.160 Replacement—Abutting landowner’s duty. 8.12.170 Liability for injuries to public 8.12.180 Useless driveways. 8.12.190 Request to make replacement. 8.12.200 Replacement by city—Cost. 8.12.210 Variance procedure.

Digging, excavating, disturbing or in any manner undermining or causing the same to be done in any street or alley in the city, except the duly authorized agents of corporations, duly organized for the purpose of supplying the city with water or gas, when they shall find it necessary to dig up, break, disturb, dig under or undermine a public street or alley for the purpose of gaining access to their pipes or mains or for laying the same, without permission from the Street Superintendent first had and obtained, whose duty it shall be to see that when any street or alley is so disturbed in any manner by any person the same shall be replaced and the streets or alleys left in as good condition as before; and if the ground in which any excavation has been made in any street or alley shall, after the refilling thereof, become in bad condition by reason of the excavation or refilling, it shall be the duty of the Street Superintendent to require the person making the same to immediately restore the ground to the condition the same was in before the excavation and a failure to comply with the request of the Street Superintendent within 24 hours will subject the person or corporation to prosecution for maintaining a nuisance. (1995 Code, § 8.12.010)

When any street, alley or public highway within the city is excavated for any purpose and is not refilled before night of the same day, a lantern shall be placed and kept lighted at either end of the excavation, and if the same shall be greater in length than 75 yards, a lantern shall be placed at a distance of not more than 50 yards apart, between the ends and along the excavation. (1995 Code, § 8.12.020)

No excavation shall be made to extend more than one-half of the distance across a street or alley at any one time, when the same is traveled. (1995 Code, § 8.12.030)

At all times, due and proper care shall be taken both day and night by necessary guards or notices to prevent accidents.

(1995 Code, § 8.12.040)

No person shall lay, construct, reconstruct or repair, in any street, alley or other public place in the city, or in, over or through any property or right-of-way owned by the city, any curb, sidewalk, gutter or driveway, without first obtaining a permit in writing, so to do, from the Street Superintendent and without first obtaining the lines and grades therefor from the Engineer. (1995 Code, § 8.12.050)

All curbs, gutters and sidewalks over and along the streets set forth in § 8.12.070 shall be decorative curbs and sidewalks and shall be designed and constructed according to the standards and specifications as and for the existing Downtown Plaza design, on file in the Public Works Department of the City of Tulare, or shall be equal to the design in width, height and amount of landscaping and shall have color or other form of decorative surface. Any deviation from the Downtown Plaza design must be approved by the Planning Commission of the City of Tulare. (1995 Code, § 8.12.060)

The streets in the City of Tulare along which decorative curbs and sidewalks must be installed as referred to in § 8.12.060 are as follows: both sides of J Street between San Joaquin Avenue and Inyo Avenue; both sides of K Street between San Joaquin Avenue and Owens Avenue; both sides of L Street between King Avenue and Inyo Avenue; both sides of King Avenue between J Street and M Street; both sides of Tulare Avenue between J Street and M Street; both sides of Kern Avenue between J Street and M Street; both sides of Inyo Avenue between J Street and M Street; the south side of San Joaquin Avenue between J Street and K Street; the west side of M Street between King Avenue and Inyo Avenue. (1995 Code, § 8.12.070)

No person shall in any event break away, tear away, construct or reconstruct any street curb, nor construct or reconstruct any sidewalk, gutter or driveway over any street curb where the opening would exceed 50% of the lot frontage facing the curb; and any permit granted hereunder shall specify the frontage of the opening and the location thereof upon the real property adjacent thereto. (1995 Code, § 8.12.080)

Any driveways or roadways shall not be more than 36 feet in overall width. (1995 Code, § 8.12.090)

The minimum width between any two driveways upon or to any one lot in the city shall be 22 feet. (1995 Code, § 8.12.100)

No driveway or curb opening shall be constructed in the city nearer to the intersection of the property lines of two intersecting streets than the point of curve of the curb return at such intersection, where such exists, and in any event not nearer than four feet to the property line intersection. (1995 Code, § 8.12.110)

No driveway or curb opening shall be constructed nearer than five feet to any fire hydrant, ornamental light standard, telephone or electric power pole, meter box or underground vault or manhole. (1995 Code, § 8.12.120)

Any person desiring a permit to perform any work mentioned in the preceding sections of this chapter shall file a written application therefor with the Street Superintendent, on forms furnished by the Street Superintendent, which application shall state the location, nature and extent of the work to be performed, the material to be used, the length of time which will be required to complete the work, and such other information as the Street Superintendent may require. (1995 Code, § 8.12.130)

The Street Superintendent may modify the time specified for the completion of the work and may make such changes as to the location and extent of the work as are, in his or her judgment, necessary to prevent undue interference with traffic or danger to the safety of persons using the same. (1995 Code, § 8.12.140)

All work mentioned in the preceding sections of this chapter for which a permit shall have been issued as provided herein shall be in accordance with the specifications and/or standard plans adopted by the city for the class of work, or the special plans and specifications prepared therefor and approved by the Engineer, and referred to in the permit, and shall be performed to the satisfaction of the Street Superintendent and under the supervision of an inspector appointed by the Engineer for the work; costs of inspection to be borne by the applicant at rates specified by the Engineer; provided, however, that inspection during actual construction of any and all patchwork, as defined by the Engineer as such, may by his or her action be waived. (1995 Code, § 8.12.150)

(A) Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of the maintenance and repair, may be done and the proceedings therefor may be had and taken in accordance with this section and the procedure therefor provided in Cal. Streets and Highways Code Chapter 22 of Division 7, Part 3. In the event of any conflict between the provisions of Cal. Streets and Highways Code Chapter 22 of Division 7, Part 3, and this § 8.12.160, the provisions of this section shall control. (B) The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area or driveway approach between the opaquing strips, sidewalks, curbs and gutters, and persons in possession of the lots by virtue of any permit or right shall repair and maintain the sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Tulare’s costs of inspection and administration whenever the city awards a contract for the maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under this section or handling of any lien placed on the property due to failure of the property owner to promptly pay the assessments. (C) For the purposes of this part, maintenance and repair of sidewalk area or driveway approach shall include, but not be limited to maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area. (D) Notwithstanding the provisions of Cal. Streets and Highways § 5614, the Director of Public Works may in his or her discretion, and for sufficient causes, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 74 days from the time the notice referred to in § 5614 is given. (1995 Code, § 8.12.160) (Ord. 03-1924, passed - -2003)

The property owner required by § 8.12.160 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 non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by § 8.12.160, any person suffers injury or damage to person or property, the property owner shall be liable to the person for the resulting damages or injury and shall be required to indemnify and hold harmless the City of Tulare, its officers, agents and employees. (1995 Code, § 8.12.165) (Ord. 03-1924, passed - -2003)

Driveways which have been abandoned to general use, or at locations where, in the opinion of the Street Superintendent,

the driveways do not contribute to the welfare and convenience of the general public, shall be so replaced. (1995 Code, § 8.12.170)

Request of the owner of abutting property for the replacement of curbs, gutters and sidewalks shall be made by the Street Superintendent in writing to the owner of real property fronting the right-of-way and shall include the replacement of abandoned driveways. (1995 Code, § 8.12.180)

If, after 30 days subsequent to the written notification, the owner so notified has not proceeded to make replacements as requested, the Street Superintendent may authorize the work, and the cost thereof, if unpaid by the property owner 60 days after payment is requested, will become a lien against the property. (1995 Code, § 8.12.190)

(A) Variance conditions. The Public Works Director may authorize, upon request, the variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that: (1) Adherence to the strict letter of this chapter will cause difficulties and hardships upon the petitioner, the imposition of which is unnecessary in order to carry out the general purpose of this chapter; (2) Special circumstances attach to the property covered by the application which do not generally apply to other properties in the same neighborhood; (3) Because of special circumstances, property covered by this application is deprived of privileges possessed by other properties in the same neighborhood; and (4) The granting of the variance is essential to the enjoyment of a substantial use of the property consistent with similar uses of property in the same neighborhood. (B) Application information. Applications for variance shall be filed with the Public Works Director. The application shall contain the following information: (1) A description of the requested variance together with a designation of the chapter provision from which relief is being requested; (2) An accurate plot plan, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties; (3) A detailed explanation of the circumstances and reasons justifying the variance; and (4) The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application as prescribed in this chapter. (C) Appeal to Council. (1) Within ten days following the date of a decision of the Public Works Director on a variance application, the decision may be appealed to the Council by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Public Works Department and shall be filed with the Clerk. The appeal shall state specifically wherein it is claimed there was an error or a breach of discretion by the Public Works Director or wherein the decision is not supported by the evidence in the record. (2) Within five days of filing of an appeal, the Public Works Director shall transmit to the Clerk the variance application, and other data filed therewith, and any reports, findings or other information which the Public Works Director has used in making a decision on the application. (3) The Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the Council. (D) Action of the Council. (1) The Council may affirm, reverse or modify a decision of the Public Works Director on a variance application; provided, that if a decision denying a variance is reversed or a decision granting a variance is modified, the Council shall, on the basis of the record transmitted by the Public Works Director and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in § 8.12.210(A) of this chapter.

(2) A variance which has been the subject of an appeal to the Council shall become effective three days following the date on which the variance is granted by the Council. (E) Lapse of variance. A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued by the Building Inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Planning Officer for the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date which the variance originally became effective, an application for renewal of the variance is made to the Public Works Director. The Public Works Director may grant or deny an application for renewal of a variance. (F) Revocation. A variance granted subject to a condition shall be revoked by the Public Works Director if the condition is not complied with. (G) New application. Following the denial of a variance application or the revocation of a variance, no application for the same, or substantially the same, variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance. (1995 Code, § 8.12.200)