Yreka Municipal Code Ch. 11.24 Duty to Construct Curbs, Gutters, Sidewalks and Driveway Approaches And…

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Editor's note— Ord. No. 857, § 2, adopted July 16, 2020, changed the title of Ch. 11.24 to read as set out above. Ch. 11.24 was previously titled "Construction of Curbs and Gutters."

The existence of unimproved curbs and gutters adjoining dwellings and buildings within the city is prejudicial to the public health, safety and welfare of the inhabitants of the city.

(Ord. 386 § 1, 1965).

All construction work done pursuant to this chapter shall be in accordance with the Construction Standards and Specifications of the City of Redding of 2007 as excepted, modified or supplemented by the public works director, who may make exception, supplement or modify any specific standard as needed from time to time. These standards are adopted by reference, and three copies of the Construction Standards and Specifications shall be filed with the city clerk and be available for use and examination by the public in the office of the city clerk.

(Ord. No. 812, § 1, 3-19-2009)

Any person who constructs or causes to be constructed any building or makes any major building improvements amounting to thirty thousand dollars or more (value determined by the building official) in any zoning district except R-A shall construct curbs, curb cuts, Americans with Disabilities Act required improvements, gutters, sidewalks, driveway approaches, driveways, and necessary street paving in accordance with the city's specifications along all street frontage adjoining the property upon which such building or dwelling is constructed. If such improvements already exist, any damage shall be repaired and/or replaced in accordance with applicable city of Yreka construction standards, including, but not limited to, Sections 11.24.020 and 11.01.030 from time to time amended and supplanted.

Driveway approaches shall be improved by asphalt paving, poured concrete or suitable material (such as pavers) which shall be installed from the back of the driveway approach to a minimum of twenty feet from the property line.

In the event the parcel fronts on two or more streets, improvements shall be made only to the frontage on one street as determined by the planning director and director of public works, taking into consideration traffic and pedestrian use and the extent of improvements on such adjacent streets.

For accessory structures, garages, carports, and non-structural remodeling, the total cost of any public improvements required pursuant to this section shall not exceed fifteen percent of the project costs as determined by the building official and shall be allocated to improvements specified by the director of public works. The director shall have the discretion to grant variances of these standards under limiting circumstances that he/she deems appropriate.

This section shall not apply to accessory structures, residential garages, and carports not exceeding six hundred fifty square feet in area.

In computing the monetary value of the improvement, there shall be excluded amounts attributable to the repairs of any part of an existing building or structure so long as the cost of such repairs does not exceed fifty percent of the assessed value of the improved property according to the rolls of the Siskiyou County Assessor for the year immediately preceding issuance of any building permits for the proposed improvements. All amounts attributable to repairs in excess of fifty percent of the assessed value shall be included in computing the monetary value of the improvements for purposes of determining whether this section applies.

Expenditures for reconstruction or replacement of buildings due to fire or casualty shall not be considered an improvement to the property. The public works director may grant exceptions to construction of sidewalks on those streets classified "exempt" in the city's sidewalk policy, but shall otherwise be required unless variance is granted by the planning commission. In the event the public works director denies an exception when so requested by an applicant, the applicant may file, within ten days, a written appeal at the office of the city clerk, for consideration by the planning commission who shall determine the applicant's entitlement to such exception. Unless waiver is granted by the planning commission, the minimum width of sidewalks shall be five feet from the face of the curb to the back of the sidewalk, unless there are existing site conditions that limit the space available for the minimum sidewalk. A width of less than the minimum width may be approved by the director of public works. No sidewalk shall have a width of less than four feet from face of curb to back of sidewalk.

(Ord. 803 § 2(part), 2008: Ord. 786 § 1, 2005: Ord. 769, 2002: Ord. 728 § 2, 1996: Ord. 659, 1991: Ord. 649, 1989; Ord. 637, 1989: Ord. 575 (part), 1982: Ord. 528, 1977: Ord. 533, 1970: Ord. 386 § 3, 1965).

(Ord. No. 857, § 2, 7-16-2020)

In the event of the granting of an exception to construction of sidewalks pursuant to Section 11.24.030, or a variance to the construction of sidewalks pursuant to Section 11.24.070, then in such event any such exception or variance shall be conditioned upon the payment by the owner of the property of a fee set by resolution of the city council. Said fee shall be placed in a fund designated as the sidewalk construction fund and shall be used solely for the care, maintenance and construction of curbs, gutters and sidewalks in accordance with the Yreka sidewalk policy as adopted by the city council.

(Ord. 587, 1983).

The building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs, gutters and sidewalks where required by this chapter exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the building inspector, and providing for such construction within ninety days.

(Ord. 575 (part), 1982: Ord. 386 § 4, 1965).

When the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the building inspector may require that only portions of the required work be done.

(Ord. 386 § 5, 1965).

Variance from the application of this chapter may be granted by the planning commission upon the findings that variance from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

Written application for variance may be submitted to the planning commission which shall render its decision on such application within thirty-five days following receipt of such application. Failure of the planning commission to render its decision within the thirty-five-day period shall be deemed to be a denial of the application for variance. The applicant may, within twenty days after any denial by the planning commission, appeal to the city and the determination of the city council upon such appeal shall be final.

(Ord. 575 (part), 1982: Ord. 386 § 7, 1965).

As used in this chapter, the terms listed below shall have the meaning assigned them:

"Defective sidewalk" or "nondefective condition" means a sidewalk, curb, gutter, curb cuts and/or driveway approach where, in the judgment of the director, the vertical or horizontal line or grade is altered or displaced or such other condition exists that is dangerous to the public or interferes with the public convenience in the use of the sidewalk, curb, gutter, curb cuts and/or driveway approach.

"Director" means the director of the department of public works, or designee; "director" shall have the same meaning as the terms "superintendent of streets" and "city engineer" as those terms are utilized in the Streets and Highways Code, Division 7, Part 3, Chapter 22, as amended or renumbered.

"Lot," "lots" or "portion of a lot" means a parcel of real property located within the city of Yreka, fronting any portion of a public street, alley or other place where a sidewalk exists. When used in connection with the words, "fronting the defective sidewalk," or variation thereof, it shall refer to the property in front of or along the side of the defective sidewalk.

"Owner" means a person owning a lot, lots or portion of a lot within the city of Yreka, and fronting any portion of a public street, alley or other place, where a sidewalk exists.

"Repair" means elimination of a defective sidewalk by removal and replacement of all or a portion of the existing sidewalk or by other methods including, but not be limited to, maintenance and repair of surfaces including grinding, 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, tree limbs, and/or ground cover 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 said sidewalk area.

"Sidewalk" includes a sidewalk, curb, gutter, curb cuts and/or driveway approach.

(Ord. No. 857, § 2, 7-16-2020)

An owner shall maintain and repair any defective sidewalk fronting such owner's lot, lots or portion of a lot. Where a defective sidewalk is caused in whole or in part by a tree root or roots, the owner shall have the duty to repair the sidewalk. The director may grant permission to cut the root(s) within the public right-of-way by issuance of an encroachment permit. The owners' duty to maintain and repair shall exist whether or not the owner has received notice from the city directing the owner to repair the sidewalk. The owners' duty to repair shall arise when the owner first becomes actually or constructively aware of the defective sidewalk.

(Ord. No. 857, § 2, 7-16-2020)

The director shall have the discretion to enforce this chapter and to establish criteria and specifications for each type of repair. Anything in this code to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming, and collection of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this code, the provisions of this code shall control.

(Ord. No. 857, § 2, 7-16-2020)

Each owner required by Section 11.24.090 to repair a defective sidewalk shall owe a duty to members of the public and to the city to keep and maintain the sidewalk area so that it is, and remains, in a nondefective condition. If, as a result of the failure of any owner to maintain or repair the sidewalk as required by Section 11.24.090, and any person suffers damages, including but not limited to, bodily injury, personal injuries, economic damages or property damage, the property owner shall be liable for the resulting injury or damage.

(Ord. No. 857, § 2, 7-16-2020)

An owner shall defend and indemnify the city and its employees from any action, claim, or judgment, and any cost or expense incurred, including attorneys' fees, which arise from the owner's failure to maintain and/or repair the sidewalk as required in Section 11.24.090. Nothing in this section creates an obligation on an owner to defend or indemnify the city from any action, claim or judgment to the extent any employee or instrumentality of the city intentionally caused the defective sidewalk which resulted in the claimant's injuries or damage.

(Ord. No. 857, § 2, 7-16-2020)

It is a purpose of this chapter to provide sidewalk 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 procedure set forth in the Streets and Highways Code or those set forth in this chapter, or some combination thereof.

(Ord. No. 857, § 2, 7-16-2020)

When the director has actual notice of the existence of a defective sidewalk, the director shall give written notice to the owner of the lot, lots or portion of the lot fronting the defective sidewalk, to repair the defective sidewalk. The director may also give notice to the person in possession of the lot, lots or portion of the lot, in addition to the notice given to the owner.

(Ord. No. 857, § 2, 7-16-2020)

The notice to repair shall be served on the owner by any of the following methods:

A. Personal service of a copy of the notice on the owner;

B. Mailing the notice to the owner by first class mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll;

C. Personal service of a copy of the notice on the person in possession of the lot, lots or portion of the lots, fronting the defective sidewalk, if a copy of the notice so served is also mailed to the owner in accordance with subsection B of this section;

D. Posting the notice in a conspicuous place at the lot or lots fronting the defective sidewalk, if a copy of the notice so posted is also mailed to the owner in accordance with subsection B of this section;

If the notice is served on the owner by mail, the director shall, not more than thirty days after the mailing of the initial notice to repair, mail to the owner in the same manner an additional notice to repair, marked "second notice," containing the same information set forth in the initial notice.

(Ord. No. 857, § 2, 7-16-2020)

The notice to repair shall, at a minimum, contain the following information:

A. That the sidewalk is a defective sidewalk;

B. The nature of the work required to be done, and the cost as estimated by the city;

C. The manner in which the work is to be done, including the specifications required by the city as to materials and workmanship;

D. That if the repair is not commenced within the time specified in this chapter, or once commenced is not completed diligently and without interruption, the director or designee shall immediately commence and complete the repair and the cost thereof shall become a lien on the lot or lots of the owner, fronting the defective sidewalk;

E. Provide that the owner may elect to perform the repairs him or herself, have the work performed by a licensed contractor, have the work performed by the city public works department, or through a contractor selected by the city;

F. An agreement, in a form established by the director, which sets forth the election of the owner and the city's requirements with respect to the manner in which the repairs must be performed.

(Ord. No. 857, § 2, 7-16-2020)

The owner shall commence the repairs required by the notice to repair within sixty days after the owner elects either to personally perform the repairs, or hire a licensed contractor to perform the repairs, or within sixty days after service of the second notice, whichever occurs first. Once commenced, the repairs shall be completed diligently and without interruption.

(Ord. No. 857, § 2, 7-16-2020)

If, after notice to repair has been served, the owner fails to make the repairs required by the notice within the time set forth in this chapter or fails to respond and execute the agreement, the director may, within a reasonable period of time, cause the city to make the required repairs, and the cost shall be a lien on the lot or lots of the owner, fronting the defective sidewalk. If the city is required to make the repairs because the owner fails to respond and execute the agreement or fails to make the repairs required by the notice, the city shall have the discretion to repair the defective sidewalk in a manner deemed appropriate by the director including, the removal and replacement of the existing sidewalk.

(Ord. No. 857, § 2, 7-16-2020)

A. The owner is responsible to pay the cost of all work provided by the city in connection with the repair of a defective sidewalk, including administrative and inspection costs, upon the mailing of an invoice from the city.

B. If the owner has not provided payment thirty days after receipt of an invoice for the work provided by the city for repair of a defective sidewalk, the director of finance may initiate proceedings to make the cost of the work performed by the city a special assessment against the parcel(s) of property fronting the repaired sidewalk(s).

C. Notwithstanding any contrary provision of this chapter or the Streets and Highways Code, if the owner demonstrates to the reasonable satisfaction of the director of finance or designee that payment of the cost of repair of the defective sidewalk will constitute a severe financial hardship on the owner, then no action shall be taken to collect the repair cost provided that the owner enters into an agreement to pay the costs on terms acceptable to the director of finance. The city manager shall have the authority to enter into and execute the agreement for the city. If the owner fails to perform the agreement, then the city shall have the right to collect the costs in the amount then owing after ten days' written notice is given to the owner. This remedy shall be in addition to any other remedies at law or in equity which the city may have.

(Ord. No. 857, § 2, 7-16-2020)

A. If the owner has not provided payment within thirty days after service of an invoice for the work provided by the city for repair of a defective sidewalk, the director of finance may initiate proceedings to make the cost of the work performed by the city a special assessment against the parcel(s) of property fronting the repaired sidewalk(s) in order to reimburse the city for its costs of correction.

B. The director of finance shall issue a notice of special assessment to all owners who fail to pay for the work provided by the city for repair of a defective sidewalk. If the owner timely appeals the notice of assessment, the owner may appeal the assessment and obtain a hearing before a hearing officer in the manner provided in Section 1.14.070 et seq. of this code with the words "abatement order" to be construed in that proceeding as a "lien order" and, in addition to the remedies set forth in Section 1.14.100(D) of this code, shall include the remedy of issuing an assessment order against the owner's property relating to such lien.

The lien hearing officer may make revisions, corrections, or modifications of the matter as he or she may deem just, and shall submit the report (as revised, corrected or modified) to the city finance staff for adjustment and/or collection. The decision of the lien hearing officer on the report and on all protests or objections shall be final and conclusive.

(Ord. No. 857, § 2, 7-16-2020)

In conjunction with any sale or transfer of real property and using the local option real estate transfer disclosure statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance and repair obligations set forth in this chapter to the buyer/transferee. The notice shall, at a minimum, include the following language:

"The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the city of Yreka's costs of inspection, correction, replacement, repair and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments."

(Ord. No. 857, § 2, 7-16-2020)

Whenever there shall be placed or maintained upon any public street or public sidewalk in the city any article, object or thing of any sort or kind whatsoever, the placing or maintaining of which upon such street or sidewalk is contrary to any law of the state now in existence or that may hereafter be passed, or is contrary to the provisions of this code, or which obstructs such street or sidewalk in whole or in part, or which constitutes a public nuisance, the director or designee may remove such article, object or thing, or cause the same to be removed from such street or sidewalk.

(Ord. No. 857, § 2, 7-16-2020)

If such article, object or thing so placed as described in Section 11.24.200 is of any value, such article, object or thing may be placed by the director in the corporation yard of the city, or in some other suitable place, to be returned to the undisputed owner provided that owner makes a claim upon the property within ten days of removal of the article, object or thing. If timely claimed by the owner, the city, or whoever furnishes any money, material, service or labor in the removal, maintenance, preservation, for the keeping or return of such article, object or thing, shall have a special lien thereon for the value of the costs of the removal, maintenance, preservation and return of such article, and such article, object or thing shall not be returned to the owner until all such liens have been fully satisfied, which payment must be made within ten days of the claim for return.

(Ord. No. 857, § 2, 7-16-2020)

If such property having a value exceeding the sum of five hundred dollars is not timely claimed and redeemed and all liens thereon fully satisfied within ten days from and after the date of its removal from such street or sidewalk, the director or designee may proceed to advertise for sale and to sell such article, object or thing to the highest bidder for cash. Such sale shall be advertised and shall be conducted substantially as are sales upon execution issued by the court, and out of the proceeds of such sale the director or designee may pay the costs and expenses of the sale and all liens thereon under this chapter. The remainder of the proceeds of such sale, if any, shall thereafter be paid to the owner of such article, object or thing; or, if the owner is unknown or cannot be found, the director or designee shall pay such remainder of such proceeds into the general fund of the city; provided, however, that if the value of such article, object or thing shall be less than the estimated costs and expenses of such advertising and sale, the director may sell the same without notice and at either public or private sale.

(Ord. No. 857, § 2, 7-16-2020)

Articles, objects or things so removed from such street or sidewalk by the director or designee which, in the opinion of the director or designee are of a value less than specified in Section 11.24.220 may be disposed of by the director or designee.

(Ord. No. 857, § 2, 7-16-2020)