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HomeMy WebLinkAboutItem 6.3 MuniCodeSidewalkRepair CITY CLERK File # O!ðJ[2]cH1J1O )C. <Ø¡o-q 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 2,2005 Public Hearing: Amendment to Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the Dublin Municipal Code, Repair of Sidewalks - Reporting Defects Report Prepared by: Frank Navarro, Senior Civil Engineer SUBJECT: ATTACHMENTS: RECOMMENDATION: I) /Î J"ry' 2) , \tlJV 3) ~ 4) 5) 6) FINANCIAL STATEMENT: I) 2) 3) Draft Ordinance Section 7.04.420 of the Municipal Code Ordinances 15-89, 13 and t, referenccd in the Municipal Code Open public hearing Receive Staff presentation Receive public testimony Close public hearing Deliberate Waive the reading and Introduce the Ordinance amending Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the DlIblin Municipal Code None. DESCRIPTION: Several cities in the greater Bay Area and elsewhere in the State have amended existing sidewalk repair and maintenance ordinances that require property owners to repair and maintain sidewalks adjacent to each property in a condition safe for use by the public. The City of San Jose recently amended its ordinance to minimize municipal liability and exposure arising out of sidewalk trip and fall accidents. San Jose recently prevailed in a case that had been filed against it, largely due to the amended ordinance. Staff is recommending that the Dublin Municipal Code also be amended to ensure that public sidewalks within public right-of-way are maintained in a safe condition. Sidewalk defect cases comprise a significant percentage of municipal tort claims and litigation. These eases often result in substantial awards by the court as the sidewalk is perceived as public domain, and injuries can be significant. The amendment to the Ordinance will require that property owners maintain adjacent public sidewalks in a safe condition, define the failure to maintain public sidewalks as negligence, and make property owners liable for failing to maintain sidewalks as provided for in the California Streets and Highways Code. The ..................................................... - - - - - - - - - - -............. --......... -- - -... -...... - - - -.............. - - - - - -... COPIES TO: IOb"2-- ((,.3 ITEM NO. G:\MAINT PROJECTS\SIDEW ALK\OI'dinancc 2005\AGST_sidcwalk Rcviscd,doc -.. amended Ordinance may not completely absolve the City's liability for potentially hazardous conditions on public sidewalks; rather, it provides an additionallcvcl of responsibility for the maintenance of safe sidewalks on the adjacent property owners. The amended Ordinance will not affect the City's current practice to budget monies each year to fund needed sidewalk repairs. The City administers one contraet per fiscal year to repair defective sidewalks that have an offset of three-quarters of an inch (3/4") or more, and which have been brought to the attention of the City. Staff will continue to prioritize improvements based on the sevcrity of the offset and monies budgeted for the annual sidewalk safety repair program. To date, there have been no known improvements deferrcd due to lack of funds. However, the program does not abrogate the responsibility ofthe property owners to maintain respective frontage improvements in a safe manner as delineated lInder Section 5610 ofthe California Strcets and Highways Code. Staff recommends that the City Council (1) Open the Public Hearing, (2) Receive Staff Presentation, (3) Receive Public Testimony, (4) Close the Public Hearing, (5) Dcliberate, (6) Waive the reading and Introduce the Ordinance approving the amendment to Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the Dublin MlInicipal Code. 2 Df:7- IUbdO ORDINANCE NO. -05 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7 OF THE DUBLIN MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS AND PERSONS IN POSSESSION OF PROPERTY TO MAINTAIN ADJACENT PUBLIC SIDEWALKS IN A SAFE CONDITION, DEFINING THE FAILURE TO SO MAINTAIN PUBLIC SIDEWALKS AS NEGLIGENCE, AND MAKING PROPERTY OWNERS AND POSSESSORS OF PROPERTY LIABLE FOR FAILURE TO MAINTAIN SIDEWALKS, AS PROVIDED FOR IN THE CALIFORNIA STREETS AND HIGHWAYS CODE RECITALS WHEREAS, Sections 5600 et seC¡. of the California Streets and Highways Code authorize local governments to require the owners of property adjacent to public rights~ of-way, or the persons in possession of such property, to maintain the sidewalks adjacent to their property in a condition safe for members of the public. Failure to maintain such sidewalks in a safe condition may be defined as negligence, and property owners and those in possession of subject property may be held liable for any personal injuries or property damage that results. Provisions of state law, referred to below, also allow for the City to recover the costs of performing that maintenance function for property owners and those in possession of such property. WHEREAS, the City of Dublin has determined that Dublin Municipal Code Section 7.04.020 should be amended to ensure that publicly accessible sidewalks with the public right-of-way are maintained in a condition that is safe for use by the public, and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the Dublin Municipal Code is hereby amended as follows: 7.04.420 Repair of Sidewalks. a. Definitions. i. "Maintenance and repair of sidewalk area" includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and replacement of sidewalks; repair and maintenance of sidewalks; repair and "8 -2. -0:; ~ 3 ATTAUmNT /. 1 2ïJb'Z'D maintenance of curb and gutters; removal of impervious paving materials from street tree planting strips, or other right-of-way landscape planters; 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 planting strips and curbs. ii. "Sidewalk" shall have the same meaning as in section 5600 of the California Streets and Highways Code, as it may hereafter be amended. b. Maintenance and Repair of Sidewalks. i. Obliqation to repair and maintain. 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 landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will not interfere with the public convenience of said sidewalk area. The owners shall also pay the costs and expenses therefor. All work performed within the Public Right of Way requires an Encroachment Permit pursuant to Chapter 7, Section 7.04.390 of the Dublin Municipal Code. When, during the course of a development project's lifetime, it is necessary to remove or reconstruct public street improvements (i.e., curb, gutter, sidewalk), such improvements shall be reconstructed to preserve or reestablish any previously existing landscape planter, when certain landscape improvements have been included in the Planned Development (PD) Properties subject to PD restrictions shall preserve existing street trees and other landscaping to the extent possible, or shall install new landscaping subject to the review and approval of the City Engineer. Subsequent to adoption of this article, any unauthorized work conducted within the public right-of-way landscape areas shall be brought into conformance with the intent and provisions of this article, and other applicable provisions of the Dublin Municipal Code pertaining to encroachments on City property. Such unauthorized work shall constitute a violation of this article and is punishable as an infraction. c. Recoverv of City's Costs of Sidewalk Maintenance and Repair. Anything in this article to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the City may proceed under the provisions of 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 hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks. The required maintenance and repairs of sidewalk area must commence within 30 days of notification. Costs recoverable by the City may include a charge for the City's costs of inspection and administration whenever the City awards a contract for such maintenance and repair and including 2 ~~'Û the costs of collection of assessment for the costs of maintenance and repair or the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments. While maintenance and repair costs ultimately remain the property owner's responsibility, a portion of the City's annual budget is allocated for sidewalk repair and the City may choose to permanently repair certain sidewalks with such money. d. Liabilitv for Iniuries to Public. The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and the street line, and any persons in possession of such lots by virtue of any permit or right, shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a non-dangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner or possessor to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury. e. Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the public's use of such sidewalk, the person whose job it is to maintain streets shall notify the owner and person in possession that such sidewalk needs repair in the manner provided in Health and Safety Code Sections 5611-5614. If the owner does not fix the sidewalk within 30 days, the City will fix the property and all costs may become a lien upon the property, pursuant to Dublin Municipal Code 7.04.470. Section 2. Severabilitv. If any portion of this ordinance is determined by a court of competent jurisdiction to be illegal, it shall be severed from this ordinance and all other portions of the ordinance shall remain in full force and effect. The City Council declares that it would have adopted each and every section of this ordinance separately, even if it had not adopted any other section. Section 3. Effective Date and Postinq. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption by the City council. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of the State of California. 3 Lt~ ?D PASSED, APPROVED, AND ADOPTED on this 2nd day of August, 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Kay Keck, City Clerk G:\MAINT PROJtiCl'S\SII)EW AI.K\Ordimmte 200S\Ordinanc.e sidewalk maintenance,doc 4 owner. TIle provisions of this section shall apply to aU existing driveways whether or not the 'use thereof was heretofore aban- doned, Wi well Wi to all such driveways which are construeted after the effective date of the ordinance codified in this chap- ter. (Ord. 15-89 § 36:0rd. 13 § I (part), 1982) 7.04.40$ Closure of hazardous driveways. When a driveway Is aetemûned by the City Coml to cause a hazardous concli· tion, the curb cut therefor, and all ora portion ·ofthe driveway Wi detennined by the CIty Cowicil,shall be removed and standard curb. gutter and . sidewalk shall be constructed. Prior to any action being taken on elosure of a driveway W1der this section, the following conditions shall be met . A. The City Council shall conduct a publle hearing for the purpose of reviewing the recouunendation for elosure and shall det.ennlne whether the closure. is appropri- ate. B.An alternate source of access to the property. shall be available or shall be pro- vided by the city. C. TIle city shall bear the expense of closure of the hazardous driveway and· of providing any alternate access that Is neces. sary. The city shall approve any plans. specifications .. and estimates prior to. work: being perfonned or shall eontract for the work: according to the terms of Chapter 2.36 of this eode (purchasing regulations). (Ord. 7-93§ 1) 7,04.410 . Denial of building permit while sidewalk incomplete. No building pennit shall be Issued under 50:07..0 7.04.400 the tenns of this code for construction, adclitions or remodeling on any lot, tract, or parcel of land on the street frontage of which the sidewalk, curb. or gutter Is not complete, unless said building permit is accompanied by the Issuance of a pennit under the tenns of this chapter for the com- . plet10n of such Improvements on the street frontage; I::xcept that if the CIty Engineer detennÎI\eS that it is in the publie interest, hi:: may waive all or a portion of the Im- provlmlelltS required by the provisions of this section. (Ord. 15-89 § 37: Ord. I3 § 1 (part), 1982) 7.04.420 Repair of sidewalks- Reporting defeçts. Any person owning reai property in thl:: city shallrepair any dangerous or defective siaewalk lying in front of, in back of, or along the side of his property. Any tenant of real property in the city shall report to the City Engineer in writing any dangerous or aefective sidewalk wiùch exists in front of, i.i1 back of, or along the side of property occupil::d by him. If, as a consequence of any sidewalk being dangerous or defective sufficient to endanger persons passi.i1g there- on,. any person exercising ordinary care to avoid the danger who proxlmateiy suffers damage to his person or property becansl:: of a dangerous or defective . sidl::walk shall have recourse for such damages against the person failing to repair such· defect. TIll:: election of the City Engineer to repair any dangerous· or 'defective sidl::walk with city forces or by contract at such times as the . CIty Council may direct, shall not i.i1 any respect limit or modify the foreS?i.i1g provi- sions. (Ord. 15-89 6 38: ani 136 1 (par() ~ 291 ATTACmNT £ · l.øøö¡'O ORDINANCE NO. 15-89 AN ORDINANCE OF THE CITY OF DUBLIN '- RELATING TO ENCROACHMENTS The City Council of tl1e City of Dublin does ordain as follows; Section 1. DEFINITIONS. Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this Chapter. (a) CITY ENGINEER means the Dublin City Engineer or his designee. (b) ENCROACH, ENcROACHMENT, "Encroach" or "Encroaehment" includes going upon, over, under, or using any street in such a manne):' a.iI: to prevent, obstruct, ·or tnterfere with its normal use, including but not limited to the performance thereon of any of the following acts: (1). Excavating, filling or disturbing the street; (2) Erecting or maintaining any post, pole, fence, guard rail, wall, loading platform, or other structure on, over, or under the street; ',,- (3) Planting any tree, shrub, or other growing thing within the street; (4) Placing or leaving on the street any r\.lbbish, br\.lsh, earth, or other material of any nat\.lre whatever; (5) Constructing, placing, or maintaining on, over, \.Inder, or within the street any pathway, sidewalk, driveway, or other surfaeing, any culvert or other s\.lrface drainage, or sub-s\.lrfaca drainage facility, any pipe, conduit, wire, or cable; (6) Lighting or building a fire; (7) Constructing, placing, planting, or maintaining any structurB~ embankment, excavation, tree, or othe~ object adjacent to the etreet which causes or will cause an encroachment¡ or (8) Placing or causing to be placed any material, machinery, or apparatus on the street for building, paving, or other purposas for over twenty-four (24) hours, - -1- ATTAcmNT 3. · l1b 'í D (c) PERMITTEE. "Permittee" m..ans any person that proposes to do work or encroach upon a street as herein defined and has been issued a permit for said encroachment by the City Engineer. .....-- (d) PERSON. "Person" shall mean any, indiv.idual, firm, partneuhip, association, or corporation, including any public agency or utility, or any agent or representative thereof and includes suCCessors in interest. (e) STREET. "Street" .sh..ll mean the full width of the right of way of any street, as .defined in the California Vehicle Code, used by the general public, whether or not such street haa been accepted as and declared to be part of the City ayste,n of etreeta, including atreets forming a part of the State Highway System. "Street" also includes easements where the City is the grantee of the easement and property owned by the City of Dublin. Section 2. EXEMPTIONS. This Chapter shall not apply to any officer or employee of the City acting in the discharge of his official duties; to any work being performed by any person or persons, firm or corporation ~lnder contrnct with the City; when permission to encroach has been ""pressly granted by. the City Council; to a permanent projection from buildings as permitted by Sections 22.26, and 22.29 of Ordinance 58-87; or to temporary pedest¡:;ian protection permitted by Section 22.21 of O¡:;dinllnce 58- 87. '. ~ Section 3. EXCEPTION.IN CASE OF EMERGENCY. This Chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or und@I" the street, or from making excavation¡ as 1nay be llecessary I for the preservatio" of life or property when an urgent .necessity therefor arises, provided that said person shall notify the City Engineer by telephone the day such work is performed or the day the offices of the City ara again opened. Said person shall then apply on the proper form within five (5) working days confirming the work perfotmed. Seetion 4. RIGIIT OF LAWFUL USE. Any permit granted under this Chapter shall be subj ect to the right of the City ,or any other person entitled thereto, to use that part of the street for any purpose for which it Inay be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and e"ecuted in a manner that will least interfere with the safe and convenient travel of the general public. Section 5. PROHIBITED ENCRoAClmENl'S. No spplication will be approved nor permit iuued for construoting or maintaining a loading platforUI upon or in any street or for erecting or maintaining therein or thereon a post, pole, colulnn, or structure for support for advertising signs, except a. prov.ided·in Section 9. '-~ -2- ~"D't.D Section. 6. LIABILITY FOR DAMAGES; PUBLIC LIABILITY INSURANCE. (a) - Permittee shall be responsible for all liability for personal injury or proper.ty damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the City, its officers, or e"'ployees, permittee shall defend, indemnify, and hold them and each of thent, harmless from sl1ch claimincll1ding any claim based on the active or or passive negligence of the City, its officers or employees, insofar as parmitted by law. (b) Permittee shall be required to show evidence of public liability insurance in such form and amount as may be required by the City Engineer to protect the City, its officials, officers, directors, employees, and agents from claims which may arise from permittee's operations under the permit. Section 7. COMPLETION OF WORK AND/OR RESTORATION OF STREET BY CITY. If the work or I1se authorized by a permit is unsafe, in violation of this Chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the City plus overhead shall be charged to and paid for by the permittee. '....._-, Section 8. SIGNS ON PUBLIC PROPERTY. (a) ,,-=:-. No person, except a duly authorized public officer or employee, shall paint, mark, or write on, or post or otherwise affix, any handbill or sign to or I1pon any public property including, but not limited to any sidewalk, crosswalk, curb, curbstone, street, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light pole, telephone pole, or power pole, traffic signal pole, public bridge, drinking fountain, street sign, or traffic sign. (b) Any handbill" or sign found posted or otherwise affixed upon any pl1blic property con~rery ~o the' provisions of this seation may be removed by the City. The person responsible for any such illegal posting shall be liable for tha .cost incl1rred in the removal thereof and the City Managar or his designee is authorized to effect the collection of said cost. (c) Nothing in this section shall apply ~o the installation of a metal plaque or plate in a sidewalk conuuemorating an historical, cul~ural, or artistic even~, location or person for which tha City Manager or his designee has granted approval. -3- ~Dò ¡O (d) Nothing in this section shall apply to the painting of house numbers upon curbs done in accordance with the provisions of Section 43. .,~ (e) Nothing in this section shall apply to the temporary markings placed by the owners of. subsurface installations pursuant to Government Code Section 4216. Section 9. PUBLIC SERVICE BANNERS. Notwithstanding the provisions of Section 8 ·hereof, public service banners may be placed within any public street, elley, Dr other public property upon issuance of an encroachment permit by the City Engineer. In issuing such an encroachment permit, the City Engineer shall consider the safety of vehicular end pedestrian traffic, the prevention of damage to. public property, the aesthetic conditions of a particular neighborhood and the public health, safety, and welfare. As used herein, "public service banner" shall mean temporary banners of non- profit public welfare organizations and public service groups which advertise events of community interest. The City Manager may ,in his discretion, adopt a policy regulating the installation, maintenance, and removal of public service banners. ARTICLE 2. PERMIT REQUIREMENTS '---, Section 10. PERMIT REQUIRED. No person shall encroach or caUse to be made any encroachment of any nature whatever within, upon, over, or under the limits of any street in the City, Dr make Dr cause to be made any alteration of any nature within, upon, over, Dr under such street; or construct I put upon, maintain or leave thereon, or cause to be ¢on$t~Uctedt put upon, maintained, Dr left. thereon, any obstruction or impediment of any nature whatever; Dr remove, 'cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipe line, conduit, .or other fixture; or place any structure, wall, culvert, Dr similar encroachment, or make any excavation or embankment in sueh a way as to endanger the normal usaga of the street without having first obtained a permit as required in this Chapter. Section 11, APPLICATION FOR PERMIT. The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. Tha application shell be filed with the City Engineer. Section 12. PERHIT APPLICATION EXHIBITS. The application shall be accompanied by maps, plats, sketches, diagrams, or similar exhibits to the size and in the quantity "s the City Engineer shall prescribe on which .shall be plainly shown any and ,,11 information necessary to locate, delineate, illustrate, or identify the proposed use .or encroachment and the right of the applicant to so usa or encroach thereon. ~ ·4- · \0Jt"?i> Section 13. CONSENT OF PUBLIC AGENCIES. The applicant shall be. acconopanied by the written order or consent to any work thereunder. which may be required by law or any other public agency or body. '~ Section 14. ACTION ON APPLICATION. Applications may.he approved. conditionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of: this Chapter have been met and the required fees and charges have been paid, he shall issue a permit for the use or encroachment, attaching such conditions as ·he may deem necessary for the health, safety. and welfere of the public and for the protection of the City. If the City Engineer finds the requirements of this Chapter have not been met, he shall deny the perlnlt, giving the reasons therefor in writing. The City Engineer may deny a permit where trenching or cutting a street is required where the street overlay is less than three (3) years old. Section 15. FEßS AND CHARGES. Fees for issuance of tha permft and charges shall be es tablished by the City Counail frol1l tin\e to time by resolution upon rsaommendation of the City Engineer. A public agency which is authorized by law tó establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the Ci.ty Engineer arrange to be billed for the required fees and charges. , ,-. Section 16. CASH OR BOND DEPOSIT. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall deposit with the City cash, a certified or cashier's aheck, or an approved surety bond in a sum to be fixed by the City Engineer .as sufficient to reimburse the City for costs of restoring the street to its former condition. If the perlnittee anticipates applying for a numbsr. of permits throughout the year, he may fila a cash deposit or approved surety bond in a sum estimated by the City Engineer as sufficient to cover the· permittee's activities during any twelve (12) month period. Section 17. ADDITIONAL BOND OR CASH DEPOSIT. The City Engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient. Seation 18. CONDITION OF BOND AND CASH DEPOSIT. The condition of any bond or cash deposit made pursuant to this Article shall be that the permittee will dilig,mtly and with good faith comply wi.th this Chapter and the terms and conditions of the permit. Section 19. BOND PAYABLE TO CITY: TERM OF BOND. Any bond or cash deposit required by the City Engineer pursuant to this Chapter shall be payable to the City of Dublin. Upon satisfactory cOI"pletion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in Section 33~ the bond or cash deposit.willbe released, provided that the City Engineer may, in his discretion, allow the earlier release of the bond or cash deposit. , '"--' ·5~ · tlnc?O '- Section 20, ExcLuSIONS. Cash deposits or bonds will not be required of any public utility holding a franchise with the City or pw)lic agency which is authorized by law to establish or maintain any works or facilities in, under, or over any streat. Section 21. TERM OF PEB}lIT, Tha parmittee shall complete the work or use authorized by a permit iasued pursuant·to this Chapter within ninety (90) days from date of issuance, unlecs a different period is stated in the permit. If the work or use is not completed with ninety (90) days,. or wU:hin the tima stated in the permit, then the per;mit "hall become void, and the City Enginaer may reetore the street in accordance with Section 7. An extension of tima for good cause may be granted by tha City Engineer when requested in writing. Section 22. DISPUY OF PERMIT. The permittee shan keep any permit at the work site, and the permit must be shown to any autho¡;ized representative of the City engineer o~ law enforcement officer on demand, Saction 23, CHANGES IN PERMIT. No changas may be made in tha location. dimansion, character·, or duration of tha ancro·achment or use as granted by tha permit e"cepe upon written authorization of the. City Engineer. Section 24. NON~TRANSFERABLE, No parmit issued pursuant to this ordinance shall be transferable or assignable to any other person. -. Section 25. ISSUANCE OF OTHER PERMITS NOT COMPLIANCE WITH THIS CHAPTER. Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit which 'nay be required by law at the same location and in connection with the same activity for which" permit would be issued hareunder shall not constitue.e authorization to encroach on any street, ARTICLE 3. PERFORMANCE OF WORK Section 26. STANDARDS AND SPECIFICATIONS. The City Engineer shsll from time to tima establish such standards and specifications as he deems neeessary for the proper construction, use, and maintenance of encroaehments and for the safety, protection and convenience of the public. which standards and specifications shall be applicable to all permitteas. Any work or use done under all permits shall conform to the City's standard plans and specifieations, unless otherwise required by the City Engineer. If inadequate provision is made for the safety, protection and oonvenience of the public. by the permittee, the City Engineer may take such action as he deems necessary for the protection of the public and shall charge the parmi ttee therefor. Sec tion 27. COMPLIANCE WITH APPLICABLE SAFETY U\.s. Tha permittee shall comply with all applicable fedaral, stata, and local laws and regulations, including Department of Industrial Relations of the State of California (CAL-OSHA) rules and regulations. .,'--.........,..: -6- · 1"2~W Section 28. INSPECTIONS. The permittee shall allow the City Engineer to inspect any or all work dona pursuant to the. permit ·at reasonable times. ,-. Section 29. NOTIFICATION: COMMENCEMENT OF lVORK. The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of beginning work. If .appropriate, the permittee shall give such. advance notice as may be required by the City Engineer to the Police Department and/or Fire Department of the location and nature of the proposed work. Section 30. RESTORATION OF STREET. Upon completion of the·work, acts, or things for which the permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the streat at the place of work to the same condition e"isting prior thereto, unl~ss ctherwise provided in the permit. The petmittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon tha street undeJ: the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usabla condition. Section 31. DRAINAGE. If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittea shall provide for proper drainage as directed by the City Engineer. Section 32. NOTIFICATION: COMPLETION OF WORK. Upon completion of all work authorized in the permit, the permittee shall notify the City Engineer in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Engineer unless such final inspection is waived by the City Engineer in writing. ~ Section 33. GUARANTY PERIOD. Af·tar completion of all work, the permittee "hall axerciae reasonable care in monitoring and maintaining the araa affected by the encroachment. For a period of two (2) years after final inspection of the work. by the City Engineer cr the dete of waiver of final inspection, the permittee shall repair any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not bean done. Any public utility, public agency, or franchisee which is authorized by law or contract to as tablbh or maintain any works or facilities in, under, or over any street shall monitor, maintain, and/or repair the street or any portion of it where the public lItility, public agency, or franchisee has made any e"cavation for the life of any works or facilities contained in or under the street. The permittee shall repair any injury or damage in any portion of the street, resulting from the work done under the permit within the period of time required by the City Engineer. In the event that the permittee fails to act timely or shollld repair or replacement be required before the permittee can ·be notified or can respond to notification, the City may make or cause to be made the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the axpanses incurred in· the performance of said work, including overhead. '- . -7- · 1~D:b"'2-() ''"'' Section 34. RELOCATION OR REMOVAL OF ENCROACHMENTS. If any future construction, reconstruction, or maintenance work by the City or raquired by the City on a street requires the relocation, removal, or abandonment of installations or encroachments in, on, or under a street, the permittee owning, controlling, or maintsining such installations or encroachments shall relocate; rB~oye, or abandon the sa~e at his sole expense unless ot;herwise required by law. When re,noval, relocation, or abandonment is required, the City Engineer shall give said permittee a written demand specifying the place of relocation, or that the instellations or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the Cit;y may cause the removal, relocation, or abandonment; of the encroachment at the expense of the permittee, ARTICLE 4. SIDEWALKS, DRIVEWAYS, CURBS Section 35. PERMIT REQUIRED. It is hereby deelared to be unlawful for any person to repair or construct, or cause to be repaired or constructed by private contract in the City any sidewalk, driveway, curb, gutter, or paving, or to cut any curb for the purpose of construeting a driveway, or to begin excavation for the purpose of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first obtaining a permit as required in Article 2 of this Chapter. '-..-. Section 36. REMOVAL OF DRIVEWAY. When a driveway shall permanently cease to be used, the curb cut therefor, and all or a portion of the driveway, as determined by the City Engineer, shall be removed and standard curb, gutter, and sidewalk shall be constructed. The property owner shall remove the curb cut and driveway and construct curb, gutt;er, and sidewalk, or cause same to be removed or constructed, within thirty (30) days of receiving written notice from the City Engineer to do so. Should the property OImer fail to perform such work or caUSe it to be perforlued within aaid thirty (30) days, the City Engineer shall have such work done at the expense of the property owner. The provisions of this Section shall apply to all existing driveways whether or not the use thereof was heretofore abandoned, as well as to all such driveways which are conscrucced after che effective date of this Section. Section 37, DENIAL OF BUILDING PERMIT WHILE SIDEWALK INCOMPLETE. No building permit shall be issued under the terms of this Code for oonstruction, additions, or rsmodeling on any lot: tract, or parcel of land on the street frontage of which the sidewalk, curb,· or gutter is not complete, unless said building peroni t is accompanied by the issuance of a permit under the terms of this Chapter for the completion of said improvements On the street frontage; except that if the Cicy Engineer determines that it is in the public interest, he may waive all or a portion of the improve,uents required by the provisions of this section. Section 38. REPAIR OF SIDEWALKS; REPORTING DEFECTS. Any person owning l'e..l property in the City shall repair any dangerous or defective sidewalk lying in front of, in back of, or along the side of his .property. Any tenant of real property in the CUy shall report to the City Engineer.in writing any dangerous or defective sidewalk which exists in front of, in back of. or along the side of property occupied by him, If, as a consequenee of -8- · 14DbZC> \........... any sidewalk being dange~ous .or defective sufficient to endanger persons passing thereon, any person e"ercising ordinary care to avoid tho:. danger who pro"imately suffers damage to his person or property because of a dangerous or defective sidewalk shall have recourse for such damages against the person failing to repair such defect. The election of the City Engineer to repair any dangerous or defective sidewalk with City forces or by contract at such times as the City Council may direct, shall not in· any respact limit or modify the foregoing provisions. ARTICLl!: 5. MISC!':LLANEOUS Section 39. REVOCATION. Any permit issued hereunder ,nAY be revoked by the City Engineer for violation of the provisions of this Chapter or if the permitted activity poses an imminent threat to the public health, safety, or welfare. Section 40. APPEAL. An applicant or permittee may appeal the decision of the City Engineer concerning the denial or revocation of a permit to the City Manager pursuant to the provisions cf Section 7 of Ordinance Nu. 21·86. The City Manager may deny the appeal or grant the appeal with te!:ms and conditions necessary to protect tha public health and safety. Section 41. MAINTENANCE OF RECORDS. All permittees and other persons maintaining permanent facilities within a street shall keep up-to- date records of the location and description of all such facilities, which records shall be furnished to. the City Ertgirteer upon request. As used herein, "facilities" shall include, but shall not be limited to, underground pipes, wires, and tanks. '-- Secticn 42. MAIL BOXES. All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, b'ut no box sball be so placed within the street as to el1danger the life or safety of the traveling public. Section 43. MARKING OF CURBS, ETC. It shall be unlawful for any person, without first obtaining a permit under this Chapter, to solicit on·a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street; except that markings for the purpose of identifying survey, utility, or construction locations shall not be subject to this Chapter. A permit for plaeing or maintaining numbers, figures, letters, carvings, drawings, designs or other markings under this Chapter may be issued only to non-profit organizations which have their principal and permittad meeting place within City LÜnits and have been organized and established within the City for a minilnum of on.. (1) year continuously preceding application for a permit. Section 44. MONUMENTS. Any monument of granite, concrete, iron, or other lasting material set for the purpcseof locating or preserving the lines and/or elevation of any street, property subdivision, or a precise survey point or reference point shall not be reIlloved or disturbed OJ: caused to be removed or disturbed without first obtaining permission fro,n the City Engineer to do so. Replacement of removed or disturbed monuments will be at the expense of the permittee. \..... -9- · 15Vb-;1° Section 45. HEDGES, FENCES, SHRUBBERY, AND LAWNS. (a) No tree, fence, or similar structure, shall be planted, erected, or maintained in a street without a perlnit. No encroachment of any nature will be permittsd or maintain..d which impedes, obstructs, or denies such pedestrian or other lawful travel, or which impair.. adequate sight distance for safe pedestrian or vehicular traffic. .,--- (b) Maintenance. The permittee or property owner shall maintain all hedges, shrubs, wslls, fences, or similar structures ereoted for landscaping purposes in a neat and orderly condition; if such structures are not so maintained, the City Engineer may direct that permittee or property owner to remoVe the Same and restore the street to its former condition, at the expense of the permittee or property owner. (c) Lawns. Any person otherwise entitled to may maintain a lawn of any grass or type not prohibited by other law, within the street without a permit. The lawn ahall not extend into the roadway or walkway nor into the drainage ditches, gutter, or other drainage facilities. '.~ Section 46. TREES. The applioant for a permit to plant trees in the right-of-way of a public highway shall show in his application the exact location of and the kind of tree to be planted. If .trees are planted within the public right-of-way and within five (5) feet of a public sidewalk and/or curb, the City Engineer may require a. root barrier to be installed with the tree(s). No change shall be made in either location of trees or in kinds of trees without the approval of the City Engineer. The trees shall remain the property of the permittee who shall pay the cost of planting th.. trees and shall bear the cost of their maintenanca. The City Engineer, at his sole discretion, may require the permittee to remove the trees at his sole expense if necessary for public safety or convenience. Section 47. UNLAWFUL STORAGE. No person shall store any item of business inventory, including vehicles, upon any street or sidewalk. Section 48. ENFORCEHENT. The City Engtnear is designated aa the enforcement authority for purposes of enforcing the provisions of this Chapter. Section 49. NUISANCE SUMMARY ABATEMENT. Violation of the provisions of this ordinance ere hereby declared to oonstitute a nuisance. The City Engineer may summarily abate any such nuisance in accordance with California Government Code Section 38773. Ths costs of such ebatement shall be a personal obligation of the property ownar and may be made a lien against the property in accordance with tha provisions of Section .37, '- -10· IUøQ2-D Section 50. LIEN PROCEDURE ~ (a) Record of Cost. The City Engineer shall keep an account of the cost of performing the abatement, including reasonable administrative costs, on each separate lot or parcel of land, and the name of the oWner thereof. Such costs shall become, when confirmed, a special' assessment against the proparty. (b) Council Appeal. Between the first and fifteenth day of July of each year, the City Manager shall cause to be published "- notice to the effect that any owner upon whose proþerty the City Engineer has performed any work hereunder during the preceding fiscal year may appeal therefrom to the Council. Said notice shall be published once in accordance with Government Code Section 6061. Any appeal shall. state the grounds for appealing. At the next regular meeting of the City Council after the first day of August, it shall hold a hearing to confirm the costs and any appeals, and its determination thereupon shall be final. ~. (c) Lien. After confirmation of the costs by the City Council a certified copy of the confirmed report shall be filed with the County Auditor who shall enter each assessment on the tax roll against the respective premises. Said assessmsIlt shall' be collected at the same time in the manner as ordinary municipal ad valorem taxes and shall be subJect to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement: of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid, Section 51. REPEAL. Dublin Ordinance No. 17-83 is hereby repealed. Seetion 52. SUPERCESSION. This Ordinance shall supersede tl,e provisions of Alameda County Code Title .5, Chapter 1, as adopted by Dublin Ordinance No. 82-13. Section 53. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of DlIblin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Coverrunent Code of tbe State of California. ~ -11- '-,-- \,- .-- . 1îrf{)10 PASSED AND ADOPTED by the City Counoil of the City of Dublin on this 30th day· of October, 1989. AYES: NOES: COllnçilmembera Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt None ABSENT: None ~~ay~ -12- - .. . . . - - ~. @,...~ ''.ÇJ.i;!<::- . T~" ~.. ':tW 1'ßï>b2fÐ ... .' ('-;... ORDINANCE. NO. 13 AN ORDINANCE OF TEE CITY OF DUBLIN PROVIDING FOR INDEFINITE EXTENSION IN EFFECT OF CERTAIN OF. THE COUNTY OF ALAMEDA ORDINANCES ADOPTED BY DUBLIN ORDINANCE NO. 1 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: section 1. CERTAIN COUNTY ORDINANCES CONTAINED IN EFFECT The following ordinances only 'of the County of Alameda, heretofore adopted by Dublin Ordinance No.1, which was adopted and effective February I, 1982, shall be continued in effect for an indefinite period: Title 1 Chapters 1 and 2 Title 2 Chapters 1, 2, 4, 5, 6, 7, 8, and 9 Ti-tle 3 Article 8 of Chapter 6 Title 4 Chapters 1 and 5 Title 5 Chapters 1, 2, 3, 4, and 5 Title 6 Chapters 1 and 2 {,-:-:: Title 7 Chapters 1, 2, 3, 4, 5 and 6 Titie 8 Chapters 1 and 2 Section 2. DEFINITIONS Any reference in the foregoing County of Alameda ordinances to the "Board of Supervisors," "Planning Commission" or "Sheriff" shall be deemed to be references to the "Dublin City Counèil," "Dublin Planning Commission," and "Dublin Police Chief" respectively. Section 3. IMMEDIATE EFFECT Ordinance No. 1 was enacted pursuant to Government Code Section 35441 which provides that the County ordinance shall continue in effect for a period of 120 days only after incorporation of the City. The City of Dublin has not completed the review and adoption of a municipal code in said 120 day period, which ends on June 1, 1982. Unless this Ordinance becomes effective immediately, the City of Dublin will be without a sufficient body of local laws necessary to protect the public peace, health and safety. This Ordinance is therefore, necessary for the immediate preservation of the public peace, health and welfare, and (-- ,.., ", - - ....... n' , ., n ". ~ , " ('.,....., \'---.,." ! (",--, \..~I . ~ -,>Ii' shall take effect immediately_ PASSED AND ADOPTED by the City Council of the City of Dublin on this 24th day of May 1982 by the following votes: AYES: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None ~.W~ City C rk . :/" "' . ~Vr/'/?f~ Mayo 2 lq~ ¿.. Ò "J1fìi,¡J, -I.". ....), ~";';';'¡' ~~ ~~~~. . ·-'2D~2-V ORDINANCE NO. 1 f-':~. '·,o·",,^-'/ , . AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING FOR COUNTY ORDINANCES TO REMAIN IN EFFECT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ·ORDAIN AS FOLLOWS: Section 1.' Pursuant to the provisions of Sections 35441 and 36937 of the Government Code of the State of California, all county ordinances of the County of Alameda applicable to or within the area now within the boundaries of. the City of Dublin immediately precedin9 the incorporation Of said City are hereby adopted. and shall remain in full force and effect, as Ordinances of the City of Dublin, for a period of 120 days from and after date hereof. Provided. however. that any such county ordinance hereby adopted and continued in effect shall expire and terminate on such earlier date as a city ordinance shall be enacted specifically r~ferrin9 thereto and statin9 an intention to supersede the same. Section 2. The City of Dublin has become incorporated on this date and comprises territory formerly unincorporated. The.City Council has just organized and has not yet performed any other official act. Unless this ordinance becomes effective immediately. no local laws or ordinances would be effective within the newly incorporated territory. ·so as to protect the public peace. health and safety. This ordinance is therefore necessary for the immediate preservation of the public peace, health and safety and shall take effect immediately. 1'-' PASSED, APPROVED AND ADOPTED thi s 1 st day of February, 1982, by vote as . follows: AYES:. COUNCILMEMBERS Burton, Hegarty. Jeffery. Moffatt and Mayor Snyder NOES: None ABSENT:. None , ? ~,~-r--- ~~\. ~) / CIT CL r.~"_. ~,.