Vallejo Municipal Code Ch. 10.04 Repair, Construction and Maintenance of Sidewalks, Driveways and Steps

If any portion of any improved sidewalk in the city of Vallejo is out of repair or in a dangerous or defective condition, or in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, and the public works director has personal notice of the same, it shall be his duty to notify the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair to repair the same.

(Ord. 277 N.C. § 1, 1957.)

Such notice to repair shall be given by certified or registered mail and shall be deposited in the United States Post Office at Vallejo, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the property abutting or facing upon the sidewalk so out of repair, as the owner's name appears in the most current equalized assessment roll of Solano County available to the public works director. In the alternative, such notice may be served by delivery thereof personally to the owner.

(Ord. 471 N.C.(2d) § 1, 1979: Ord. 277 N.C. § 2, 1957.)

A. Such notice to repair provided for in Section 10.04.010 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 repair is not commenced within two weeks after notice is given as aforesaid, and diligently and without interruption prosecuted to completion, the public works director shall make such repair, and the cost of the same shall be a lien on such property.

B. The materials and construction work shall be in conformance with the applicable portions of the city of Vallejo specifications for the repair or construction of concrete sidewalks and driveways as they now exist or as they may hereafter be amended.

(Ord. 277 N.C. § 3, 1957.)

If upon the expiration of the two weeks period provided for in Section 10.04.030, the repair has not commenced, the public works director shall proceed to make such repair and upon completion thereof the public works director shall file a notice with the city council setting forth the fact that the repair has been completed and the cost thereof. The cost of the work shall include an overhead or administrative charge of five dollars or five percent of the construction cost whichever is the greater. The city council shall thereupon fix a time for hearing protests against the assessment for the cost of such repair. Said time shall not be less than fifteen days from the date of filing public works director's notice aforesaid.

(Ord. 277 N.C. § 4, 1957.)

A. The city clerk shall, at least ten days prior to the public hearing as provided for in Section 10.04.040, send notice by certified or registered mail, deposited in the United States Post Office at Vallejo, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property abutting or facing upon the sidewalk, sidewalks or sections thereof, where such repairs were made, as the owner's name appears in the most current equalized assessment roll of Solano County available to the city clerk, setting forth a statement of the cost of the improvements and specifying the date, hour and place where the city council will hear protests and objections to the assessment of the cost of such repair work. In the alternative, such notice may be served by delivery thereof personally to the owner at least ten days prior to the public hearing.

B. Upon the date and hour set for the hearing of protests or objections, the city council shall hear and consider all protests and objections, if there are any, and then proceed to affirm, modify or reject the assessment of the costs for such repair work upon said real property. The hearing of protests or objections, and the affirming, modifying or rejecting of the assessment may be continued from time to time in the manner prescribed in this code. The decision of the city council on all protests or objections which may be made shall be final and conclusive.

(Ord. 471 N.C.(2d) § 2, 1979: Ord. 277 N.C. § 5, 1957.)

If the cost of such repair hereinabove provided for in this chapter is assessed upon the property fronting upon the sidewalk so repaired, and the assessment is not paid within five days after its confirmation by the council, the cost of such repair shall become a lien upon the property fronting upon the sidewalk so repaired, upon recording thereof in the office of the recorder, county of Solano, California, by the public works director of a certificate substantially in the following form:

"NOTICE OF LIEN

"Pursuant to the authority vested in me by Ordinance No. _______ N.C., of the City of Vallejo, I did, on the _______ day of _______, 19___, cause the sidewalk in front of the real property hereinafter described to be repaired, and the Council of the City of Vallejo did, on the _______ day of _______, 19___, by Resolution No. _______ N. C. assess the cost of such repair upon the real property hereinafter described, and the same has not been paid, nor any part thereof, and the City of Vallejo does hereby claim a lien on the real property hereinafter described in the sum of _______, the cost of said repair and improvement; and the same shall be a lien upon said real property until the said sum, with interest at the rate of six percent (6%) per annum thereon, from the date of the assessment of such cost of repair against said property, had been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain piece or parcel of land lying and being in the City of Vallejo, County of Solano, State of California, and particularly described as follows, to wit:

(Description of Property)

"Dated this _______ day of _______, 19___

___________

PUBLIC WORKS DIRECTOR

City of Vallejo"

(Ord. 277 N.C. § 6, 1957.)

The notice of lien, when recorded as hereinbefore provided, shall be a lien upon such property, and such lien shall so continue until the cost of such repair and the interest thereon has been paid in full and discharged of record. Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property and from and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of the lien.

(Ord. 277 N.C. § 7, 1957.)

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the public works director, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land.

(Ord. 277 N.C. § 8, 1957.)

The word "sidewalk," whenever used in Sections 10.04.010 through 10.04.080 inclusive, shall in addition to paved walkways, include parks or parking strips maintained in the area between the property line and the street line, and also includes driveways, and other works constructed by any person under and by virtue of any permit or right granted by law or by the city council or city officer in charge thereof upon sidewalk areas of the public highways.

(Ord. 277 N.C. § 9, 1957.)

A. Every owner of real property in the city of Vallejo shall keep the entire width of sidewalk in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris, or other obstructions or material which from any cause whatever shall have accumulated or may accumulate upon sidewalk above the established grade of the same.

B. Upon failure or refusal of any such owner of real property in the city of Vallejo to so remove any obstructions from the sidewalk as herein provided, the provisions hereinbefore in this chapter set forth relative to the repair of sidewalks (Sections 10.04.010 to 10.04.080, inclusive shall apply.

(Ord. 277 N.C. § 10, 1957.)

The words "private contract" as used in this chapter with reference to private construction of sidewalks or driveways, means construction other than let by the city of Vallejo, or pursuant to resolution of the council of the city of Vallejo.

(Ord. 277 N.C. § 11, 1957.)

It is unlawful for any person to repair, construct or resurface, or cause to be repaired, constructed or resurfaced, by private contract in the city, any sidewalk or driveway, or to begin the excavation for the purpose of constructing a sidewalk or driveway, without first obtaining from the public works director a permit in writing to do so. The public works director shall charge a minimum fee of one dollar for each and every permit issued, in addition to inspection and engineering fees as hereinafter provided in this chapter.

(Ord. 277 N.C. § 12, 1957.)

A. It shall be the duty of the public works director to cause an inspection to be made of concrete sidewalks and driveways constructed under private contract as referred to in Section 10.04.120 to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.

B. The public works director shall charge an inspection fee, which fee shall be set by resolution by the city council from time to time. The fee shall be determined by the public works director's finding of costs for operating such inspection.

(Ord. 277 N.C. § 13, 1957.)

At the time of the issuance of a permit as required in Section 10.04.120, the applicant shall deposit with the treasurer the estimated fee based upon the fees specified in this chapter, and no permit, as required by said section, shall be issued until such amount has first been deposited. After the public works director has inspected such cement work, the fee for such inspection shall be charged against the deposit made to secure such inspection fee. If the deposit for such inspection fee is in excess of the fee actually charged, the public works director shall cause the excess to be refunded upon demand duly made within six months after the issuance of the permit. If such deposit is not sufficient to cover such inspection fee, and the deficiency is not paid within thirty days after notice, such deficiency shall be deducted from the hereinafter mentioned "guarantee deposit."

(Ord. 277 N.C. § 14, 1957.)

A. All fees collected pursuant to the provisions of this chapter shall be credited to the fund from which costs of inspection were paid.

B. When sidewalks and driveways are constructed by a contractor at the same time, and at the same location, one permit shall be sufficient to cover the work contemplated.

(Ord. 277 N.C. § 15, 1957.)

A. Before the issuance to a property owner of a permit as provided for in Section 10.04.120, the person desiring the same shall deposit with the city the permit fee required and the inspection fee as provided for in Section 10.04.130.

B. Any person, firm or corporation carrying on the business of laying down or constructing sidewalks or stairs on the public streets of the city shall post and maintain on deposit with the city treasurer a "guarantee deposit" of five hundred dollars. At such time as the person posting the five hundred dollar guarantee deposit ceases operations, the deposit shall be refunded in accordance with this section. In lieu of posting the guarantee deposit, a bond in the principal amount of five hundred dollars may be filed with the city clerk. Such bond shall be executed by a corporate surety company authorized to transact a surety business in the state and must be satisfactory to and approved by the city attorney as to form and by the public works director as to sufficiency. Whenever in this chapter reference is made to the guarantee deposit, it shall mean the corporate surety bond filed in lieu of such deposit if such is the case, and the rights, duties and obligations of the obligor, obligee and surety of the bond shall be the same as those of the depositor of the guarantee deposit as set forth under the provisions of this chapter.

C. The guarantee deposit shall be retained by the city for a period of twelve months after the date of the completion of the work called for in the last permit issued, and no permit shall at any time be issued unless such guarantee deposit is reimbursed by the depositor for any deductions made as provided in this chapter. If, within twelve months after the completion of the work called for in any permit, the sidewalk and/or driveway should break, crack or disintegrate to the point that the work is unsatisfactory, or hazardous to pedestrians, as determined by the public works director, or otherwise fail to comply with the provisions of this chapter, the public works director of the city shall notify the person making the deposit of such break, cracking, disintegration or failure, and specify the repairs needed or work to be done, and such person shall, within ten days from the date of such notice, make such specified repairs. If such repairs are not made within the fixed time, the same may be made by the public works director and the cost thereof shall be paid from the guarantee deposit on hand with the city, demand being made for payment of the costs by the public works director.

D. After a lapse of twelve months from the date of completion of work called for in the last permit issued to any permittee, upon written demand of such permittee, or his successors or assigns, where such transfer or assignment is made in the manner as hereinafter provided, accompanied by a certificate from the public works director stating that all needed repairs have been made, and this chapter otherwise complied with, the city shall return the guarantee deposit, or such portion thereof as may remain after deduction of all fees for repairs and work done as aforesaid, to the person depositing the same or his successors or assigns.

(Ord. 271 N.C.(2d) § 1, 1975: Ord. 277 N.C. § 16, 1957.)

The permit granted pursuant to Section 10.04.120 shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or equipment as may be necessary for use in performing such work; provided, however, that such materials and equipment shall not occupy more than one-third of the roadway in front of the construction work, and shall be placed thereon subject to the direction and approval of the public works director. In no event shall the equipment or materials be placed within five feet of any railroad track. All materials, debris and equipment shall be so placed as not to obstruct any gutterway, and shall be so cared for as to prevent material from being blown or otherwise carried into any gutter or any catch basin, or any portion of the street other than that lawfully occupied by such obstruction. The permit shall prescribe the date when work shall begin and the time of the occupancy of the street; provided, however, that the public works director may order the materials, equipment and debris, or any portion thereof, to be removed within one working day after written notice, and in the event the same is not removed within the time prescribed by the public works director, or in the permit, as the case may be, the public works director may cause the same to be removed and charge the costs thereof against the guarantee deposit. The placing of materials and equipment upon the street for the purpose of such construction work and the removal thereof shall be held to be a part of such construction work.

(Ord. 277 N.C. § 17, 1957.)

A. Whenever the construction or repair of sidewalks or driveways, or other private improvement contracts or undertakings, requires the temporary occupancy of any portion of a public street or a public sidewalk and a permit has been granted for such occupancy pursuant to the provisions of this chapter, such permit and such occupancy shall be subject to the provision that the permittee furnish and maintain such facilities as fences, barriers, "streets closed" signs, lights and watchment, as may be necessary to provide adequate protection and prevention of avoidable accidents to the public.

B. Where such facilities or any of them are not provided or are out of service and an emergency exists that necessitates protective measures, the public works director or his representative may provide such facilities during the emergency and the cost thereof shall be paid by the permittee or deducted from any deposit made with the city as a condition to the granting of such permit. The public works director, or his representative, before taking the above-mentioned emergency action, shall take all steps reasonable under the circumstances to notify the permittee, or his known representative, of the existing conditions and allow the permittee to care for the same provided he acts promptly and expeditiously.

(Ord. 277 N.C. § 18, 1957.)

If all of the private construction and/or repair work of any sidewalk and/or driveway is not completed at the expiration of the time allowed by the permit appertaining thereto, and in accordance with the terms of this chapter, the public works director may notify the contractor to complete said work within two days, and if not so completed, the public works director is authorized to have the same done at the expense of the contractor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor.

(Ord. 277 N.C. § 19, 1957.)

A. Permits issued pursuant to Section 10.04.120 shall be executed upon forms provided by the public work director, and shall specify the name of the applicant, the location of the property in front of which the proposed sidewalk and/or driveway is to be repaired and/or constructed and the square footage thereof. Provided, however, that in no case shall a permit be granted to construct sidewalks where the council has declared its intention to construct such sidewalks under the general laws of the state of California, and also provided, that in the event any of the terms or conditions of this chapter are not complied with within the time fixed, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the city of Vallejo for money expended in accordance with the terms and conditions of this chapter.

B. All permits for construction under this chapter shall be posted conspicuously on the site of the work.

(Ord. 277 N.C. § 20, 1957.)

Every permit for the construction of a driveway shall be subject to the condition that the owner of the property facing such driveway will, at his own expense, construct or reconstruct the curb, parkway and sidewalk upon the abandonment of the use of said property for any purpose which necessitates the existence of a driveway.

(Ord. 277 N.C. § 21, 1957.)

A. The guarantee deposit referred to in Section 10.04.160 may be transferred to another party where such transfer is made pursuant to a judgment of court, or by an agreement of dissolution of a partnership, or upon a bona fide sale of the business of the person having made such deposit and holding the receipt therefor; or by any person having ceased to do work under the permit, and entitled to a return of the deposit as provided in Section 10.04.160. In the event of any transfer, the receipt for such deposit, or satisfactory proof of the loss of same, must be delivered to the public works director for verification. No transfer shall be made of the deposit other than as herein provided.

B. In the event of a transfer of the guarantee deposit such transfer shall in no way affect the liability of the deposit for any work done by the person transferring the deposit, nor shall it in any way affect the liability of such person under the provisions of this chapter.

(Ord. 277 N.C.§ 22, 1957.)

No construction and/or repair of sidewalks and/or driveways to be performed under a permit issued pursuant to this chapter shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for the work. In the event it shall at any time be ascertained that any work is being done, or has been done, under a permit issued to anyone other than the person responsible to the owner for the work, and it shall be proven that the use of the permit was with the knowledge and consent, express or implied, of the designated permittee, then the guarantee deposit made by such permittee shall become forfeited to the city of Vallejo; and the person doing, or having done the work shall be guilty of a misdemeanor.

(Ord. 277 N.C. § 23, 1957.)

All sidewalks and/or driveways must be repaired and/or constructed in every particular in accordance with the permit therefor issued, must be completed within thirty days from the date of permit, except in cases where owners have been notified to make repairs as provided in Sections 10.04.010 to 10.04.080, inclusive, unless an extension of time thereon be granted by the public works director, and must be in accordance with such specifications as may be adopted by resolution of the council, from time to time, for the private construction and/or repair of sidewalks and/or driveways.

(Ord. 277 N.C. § 24, 1957.)

A. In the private construction and/or repair of sidewalks and/or driveways all rejected and refuse materials shall be removed immediately and all surplus materials shall be removed from the site within two days after completion of the work.

B. The contractor shall provide and maintain such fences, barriers, and red lights as may be necessary to prevent avoidable accidents to the public.

C. No material or other obstruction shall be placed within fifteen feet of fire hydrants, which must remain at all times readily accessible to the fire department.

(Ord. 277 N.C. § 25, 1957.)

A. A driveway is defined as any approach leading to or from a street which passes over or upon the curbing, parking, or sidewalk area, for the purpose of a vehicular approach to a "garageway." (A "garageway" being defined as: "the approach to a garage, carport, or off-street parking stall, as the same may be legally permitted under the appropriate or applicable ordinances of the city of Vallejo as they now exist or may hereafter be amended.")

B. Such driveway width shall not be less than eight feet at the property line and not less than twelve feet or more than twenty feet at the curb line except that with the approval of the public works director, such driveway may be constructed to a greater width.

C. It is unlawful to construct any driveway entering places of business, such as public garages, oil stations, service stations, and businesses of like character in a commercial district, with an entrance width in excess of sixty percent of the frontage, and in no case shall the entrance width of any one driveway exceed thirty-five feet, and no driveway shall be closer than twenty feet to an adjacent driveway, nor closer than five feet from any property line except with the approval of the public works director. When the place of business occupied is on a corner, no driveway entrance may be so constructed as to be nearer the corner property line than twenty feet, except with the approval of the public works director.

D. All permits issued for driveways in a residential district which do not conform to the foregoing requirements shall be null and void at such time as the location is declared to be commercial district, and upon due notice (as provided in Sections 10.04.010 to 10.04.080, inclusive) the same must be corrected to meet the requirements as set forth herein.

E. Driveways shall be constructed in the same manner as sidewalks, except that the thickness shall be at least six inches.

(Ord. 277 N.C. § 26, 1957.)

The public works director shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that the curb, parkway and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to established grade.

(Ord. 277 N.C. § 27, 1957.)

Such notice shall particularly specify what work is required to be done, how the same is to be accomplished, and what materials shall be used. The notice shall be given personally by service upon the owner or person in possession of the property facing such driveway, or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of such property, or to the owner thereof, addressed to his last known address as the same appears on the last equalized assessment rolls of the city of Vallejo, and when no address so appears, to General Delivery, city of Vallejo, with postage prepaid.

(Ord. 277 N.C. § 28, 1957.)

If such work is not commenced within two weeks after such notice is given as aforesaid and diligently without interruption prosecuted to completion, the public works director shall proceed to cause such work to be done in the manner and pursuant to the provisions of Sections 10.04.010 to 10.04.080, inclusive.

(Ord. 277 N.C. § 29, 1957.)

Following the confirmation of the report, maintenance of sidewalk liens shall be collected as provided by Division 7, Part 3, Chapter 22, Streets and Highways Code, state of California, in whichever of the alternative methods provided therein as shall then be determined by the council.

(Ord. 277 N.C. § 30, 1957.)

Following the confirmation of the report, construction of sidewalk and curb liens shall be collected as provided by Division 7, Part 3, Chapter 27, Streets and Highways Code, state of California, in whichever of the alternative methods provided therein as shall then be determined by the council.

(Ord. 277 N.C. § 31, 1957.)

The provisions of Chapter 22 of Part 3, Division 7, Streets and Highways Code of the state of California (cited as the "Improvement Act of 1911") are expressly referred to and by such reference are made a part of this chapter, in all proceedings applicable to the maintenance and repair of "sidewalks."

(Ord. 277 N.C. § 32, 1957.)

The provisions of Chapter 27 of Part 3, Division 7, Streets and Highways Code of the state of California (cited as the "Improvement Act of 1911") are expressly referred to and by such reference are made a part of this chapter, in all proceedings applicable to the construction of sidewalks, gutters and curbs in front of properties in any block where a sidewalk, gutter or curb, or all of them have been constructed theretofore in front of properties in said block constituting more than fifty percent of the front footage of the block; excepting, however, that proceedings may be instituted by the council of the city of Vallejo to perform similar work in accordance with the provisions of Chapter 14 (frontage assessments) or Chapter 15 (district assessments) of the "Improvement Act of 1911."

(Ord. 277 N.C. § 33, 1957.)

Wherein this chapter refers to public works director, it shall be understood that the public works director shall carry out the duties of the superintendent of streets as required under the Streets and Highways Code of the state of California as referred to in Sections 10.04.320 and 10.04.330.

(Ord. 277 N.C. § 34, 1957.)