HomeMy WebLinkAbout6.1 Sidewalk Repair
CITY CLERK
File # DØJ~IaHIJ~
1f 81.01.10
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 16, 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 (Ordinance - 2nd reading)
Report Prepared by: Melissa Morton, Public Works Director
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT:
1)
2)
3)
Ordinance
Section 7.04.420 ofthe Municipal Code
Ordinances 15·89, 13 and 1, referenced in the Municipal
Code
1)
2)
3)
4)
5)
6)
Open public hearing
Receive staff presentation
Receive public testimony
Close public hearing
Deliberate
Waive the reading and adopt the Ordinance amending
Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of
the Dublin Municipal Code
None.
DESCRIPTION: This is the second reading of a proposed ordinance that was
introduced at the City Council meeting on August 2, 2005.
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 ordinancc.
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 cases often result in substantial
awards by the court as the sidewalk is perceived as public domain, and injuries can be significant.
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COPIES TO:
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ITEM NO.~
G:IJvfAINT PROJECTS\SIDEWALK\Oràinancc 20{)5\AGS·I~sìdcWHlk Reyised 2nd Reading,doc
The amendment to thc Ordinance wi11 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
amended Ordinance may not completely absolve the City's liability for potential1y hazardous ·conditions
on public sidewalks; rather, it provides an additional level of responsibility for the maintenance of safe
sidewalks on the adjacent property owners,
Thc amended Ordinance will not affect the City's current practice to budget monies each year to fund
needed sidewalk repairs. The City administers one contract 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 ofthc City. Staffwi11 continue to prioritize improvements based on the severity of the offset and
monies budgetcd for thc annual sidewalk safety repair program, To date, there have been no known
improvements deferred duc to lack of funds. However, the program does not abrogate the responsibility
ofthe property owners to maintain rcspcctive frontage improvements in a safe manner as delineated undcr
Section 5610 of the California Streets and Highways Code.
At the August 2rtd Public Hearing which introduced the Ordinance, the City Council requested that an
informational brochure be developed by Staff to assist in elarifying the new Ordinance for the public.
Staff is currently working to develop this informational brochure, and wi11 have it available when the
Ordinance takes effect 30 days after adoption.
Staff recommends that the City Council (I) Open the Public Hearing, (2) Receive Staff Presentation,
(3) Receive Public Testimony, (4) Close the Public Hearing, (5) DeJiberate, (6) Waive the rcading and
adopt the Ordinance approving the amendment to Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7
of the Dublin Municipal Code.
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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 seq. 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
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ATTAUDT I.
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maintenance of curb and gutters; removal of impervious paving materials from street
tree planling strips, or other right-of-way landscape planlers; 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 ReDair of Sidewalks.
i. Obliqation to reDair and maintain. The owners of lots or portions of
lols 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 (PO) Properties subject to PO restrictions
shall preserve existing street Irees and other landscaping to Ihe 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 10 encroachments on City property. Such unauthorized work
shall constitute a violation of this article and is punishable as an infraction.
c. Recovery of City's Costs of Sidewalk Maintenance and ReDair. 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. Cosls 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
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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. Liability 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. Nolice of Repair. Whenever a portion of the sidewalk needs repair or
endangers the public's use of such sidewalk, Ihe 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. Severability.
If any portion of this ordinance is determined by a court of competenl 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 Postina.
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.
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PASSED, APPROVED, AND ADOPTED on this 2nd day of Augusl, 2005, by
the following votes:
AYES:
NOES:
ABSENT:
ABST AI N:
Janet Lockhart, Mayor
A nEST:
Kay Keck, City Clerk
G:\MAINT PROJHC1'S\SJI}bWAI.K\Ordimmct: 2005\Ordinance sidewalk maintenance,doc
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owner. 'Ibeprovisions of this section shall·
apply to all existiI).g driveways whe~r or
not the 'use ,theieof was 'heretofore aban·
doned, aswcli as to all such drlveways
which . \Ill' constructed, after the effective
date of the ordinance codified in this chap-
ter. (Ord.15-89 § 36: Ord. 13 § i (part),
, 1982)
7.04.40S ClosUre of hazardous
,driveways.
When a"driveWay is detennined by the
.. City Coûncll to cause Ii hazardous cond!·'
non, the curb cut therefor, and :a1l or ,a
portion -of the driveway as detennined by
the City cow:icn,shall be ·removed and
standard curb, gutter and sidewalk shall be
constructed. Prior to any action being taken
on closure of a driveway under this section,
the following conditions shall be met:
A. The City Council shal1cond.uct a
public hearing for the putpOse of reviewing
the recounnernW.tion for closure and shall
d6tennroewhether the 'closure is appropri-
ate. .
. B.. ,An altema.te source of access to the
. ,property shall be available Or shall be pro-
vided by the city.
C. The city shall bear the expense of
closure of the hazardous d.riveway and - of
providing any alternate. access that is neces-
sary.The city shall approve any plans,
specifications. and estltna.tes prior to work
. being' perlonned or shall 'contract for the
work according to the tenns'of Chapter 2.36
of this code (purchasing regillations). (Ord.
7~93 § 1)
, 7.04AIO·' Demal of building perßÙt .
. while sidewalk incomple~
No building pennit shall be Issued under .
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7.04.400
the terms of this code for construction,
additions or remodeling· on any lot, traCt, or
p=1 of land on the street frontage of
which the 'sidewalk, curb. or gutær Is not
compl&e, unless said building permit. is
accompanied by the Issuance Qf a pennit .
under the terms of this cbapterforthe com-
pletion· of such Improvements on the street
frontage; except that if the City Engineer
detennine5 that It Is in the public interest,
he may waive all or a portion of the 1m.
provemeÍIts required by the provisions of
this section. (Ord. 15-89 § 37: Ord. 13 § 1
(part), 1982) .
7.04.420 Repair of sidewalkS-
Reportin¡,: defects.
Any person 0WDÎn8 real property in the
city shal1repair any dangerous or defective
sidewalk lying in front of, in back of, or
along the side of his property. Any renant
of ~ property in the city shall report to
the City Engineer in writing any dangerous
or. defective sidewalk which èxtsts in front
of, IîI back of, or along the side of property
occupied by hiIn. If, as a consequence of
any sidewalk being dangerous or defective
sufficient to endanger persons passing !here-
on,. any person exercisingordinaIy care to
avoid the danger who proxbnately suffers
damage to his person or property because of
Ii dangeroUs or defective sidewalk shall
lave recourse for such damages against the
person failing to repair such defect, The
e1ecijon of the City. Engineer to repair any
dangeÍous· or defective sidewalk with city
forces or by contract at such times as the
. City Council may direct, shall not in any
respect1imit or modify the foregoing provi-
sions. (prd. 15·89 § 38: Ord. 13\§ ] (nArt}
1982)
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ORDINANCE NO, 15·89
AN ORDINANCE OF THE CITY OF DU8LIN
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RELATING TO ENCROACHMENTS
The City Counoil of the City of Dublin does ordain as follows:
Seo.tion 1. DEFINITIONS, Unless the oontext ot:herwise requires,
the definitions contained in this section shall govern the construction of
- thh Chepter.
(e) CITY ENGINEER me ens t:he Dublin City Engineer Or his
designee.
(b) ENCROACH, ENCROACHMENT. "Encroach" or '~Encroachment"
-includes going upon, over, under, Or using any street in
such a manner as to prevent, obstruct, -or interfere 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) Ereeting or maintaining any post, pole, fence, guard
rail, wall, loading_platform, Or other-struoture on,
over, .or under the street:
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(3)
Plenting any tree, shrub, or other growing thing
within the street:
(4) Placing or leaving On the stteet any rubbish, brush,
earth, or other material of any naturewhat:ever:
(5) Constructing, plecing,- or maintaining on, over,
under, or within the street any pathway, sidewalk,
driveway, or other surfacing, any culvert or other
surface drainage, _ or sub-surface drainage fecility_,
any pipe, conduit, wire, or table;
(6) Lighting-or building a fire;
(7) Constructing, placing, planting. or maintaining any
structure~ ømbankmantt excavation, tree, o~ Oth8~
object adjacent to the street _which causes or will
cause an encroa.chtnent: or
(8)
Placing or causing to be placed any material,
,
machinery, or apparatus on the street for building,
paving, or other purposes for over twenty-four (24)
hours,
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(c)
'PERMITTEE. "Permittee" means any person that proposes to
do work or encro...ch upon a street as herein defined and has
been i$sued.... permit for said enoroaohment by the City
Engineer.
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(d) PERSON. "Person" shalllll"an any. individual, firnl,
partnership, association, or corporation, including eny
public agency or utility, or any agent ·or representative
thereof end includes SUcCessors in interest.
(e) STREET. "Street" "hall· mean the full-width of the right of
way of any street, as defined in the California Vehicle
Code, us"d by· the general public, whether or not such
street has been accepted a" and declared ·to be part of the
City system of streets, including streets forming a part of
. the State Highway System. "Street" also includes ea"'èments
where .the City is the grantee of ,the easement and property
owned by the City of Dublin,
Section 2, EXEMPTIONS. Th~s 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 peuon or persons, firm or
corporation under contr":ct with the City; when permis'sion to encroach has
bean a"'pressly granted by. the City Council; to a permanent projection from
buildings as permitted by Sections 22.26, and ·2,2.29 of Ordin"nce 5S.87; or to
temporary pedestrian protection permitted by Section 22.21 of Ordinance 58-
87 . .
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Section 3, EXCEPTION.IN CASE OF EHERGENCY. This Chapter shall
not prevent any person from maintaining any pipe or ccmduit lawf\Üly on or
under the street, or. froln Inaking excavation, IlS mllY be l1eeessary, for the
preservation of life or property when an urgent .n"ca"si·ty thsrefor ai is e... ,
providad that said person sh"ll notify the City Engineer by telephone the day
sueh work is performed or the d"y the offices of the City ara again opened.
Said parson shall then apþly on the proper form within five (5) working days
confirming the work performed.
Section 4. RIGHT OF LAWFUL USE. Any permit granted. under this
Chapter shall be subject to the right of the City þr any other person
entitled thereto, to use that part of the street for any purpose for which it
mllY be lawfully. used, and no part of the street shall be unduly obstructed at
any tilne. All work or use shall be plannad and executed in a manner that
will. least interfere with tha safe and convenient travel of the general
public.
Section 5. PROHIBITED ENCROACHMEN¡S. No application will be
approved nor per,nit issued for oonstructing or maintaining a loading platfol'l1I
upon or· in any street or for erecting or maintaining therein or thereon"
post, pole, column, or structure for support for adv..rtising signs, except "s
provided· in Saction 9,
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Section 6 . LIABILITY FOR DAMAGES: PUBLIC LIABILITY INSURANCE.
(a)
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Permittee shall be responsible for sll lisbility for·
personal inj ury or propel'ty damage which may resul t fro¡n
work permL"tted and done by p..rmittee under the perl1l.it, or
proximately caused by failure on permitt....·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 employess, permi·ttee
shall defend, ind.emnify, and hold them and each of them.
harmless from such claim. including any claim based 0" the
active or or passive negligenoe of· the City. its officers
or employees, insofar as permitted by lew.
(b) Permittee shall be required to show evide"ce of public
liability inaurance in such form and nn\o.unt as Inay be
required by the. City Engineer toprotecttha City, its
officials, officers, directors, employees i and agents. from
claims which ¡nay arise from permittee's operations undar
the permit.
Section 7. COMPLETION OF \;oR!{ AND/OR RESTORATION OF STREE1' BY
CITY. If the work or uae authorized by a permit is unsafe, in violation of
this Chap tar , or ia 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 aite safe or return it to. the same condition existing
prior thereto. The actual coat of performing such work by the City plus
overhead shall· be charged to and paid for by the permittee.
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Section 8. SIGNS ON PUBLI.C PROPERTY.
(n)
.~..
No person, e~aept a duly authorized public officer or
elnploy'¡e·, shall paint, mark, or write on, or post or
otherwise affix, any handbill or sign to or upon any public
prope.rty including, but not limited to any sidewalk,
crosswalk, curb, curbstone, atreet, hydrant, tree,. shrub,
tree .stake or guard" railroad trestle, electric light pole,
telephone pole, or power pole, traffic signi.r pole, public
bridge, drinking fountain, street sign, or traffic sign,
(b)
Any handbill or sign found posted or ·otherwiae affixed upo"
any public property contrary to the·provisions of thia
section may be removed by tha City, The person responsible
for any such illegal posting shall be liabla for the .cost
incurr..d in the removal thereof and tha City Manager·or his
designee is authorized to effect the collection of said
coat,
(c)
Nothing in this section shall apply to the installation of
a metal plaque Or plate in a sidewalk commamorating an
historical, cultural, or artistic event, location or person
for which the City Manager or his dea:I.gnee 'has granted
approval. .
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(d) Nothing in this section shall epply to the painting of
house numbers upon. curbs done .in accordance with the
provisions of Section 43.
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(e)
NotÞing in this section shall apply to the temporary
markings placed by the owners ·of. subsurfaoe installations
pursuant to Government Code Section 4216.
Seotion 9.· PUBLIC SERVICE BANNERS. Notwithstanding the
provisions of Section 8 hereof, publicservioe banners may be plaoed within
nny publio street, ·alley, or other publio property upon'issuanoe of an
encroachment permit by the City Enginaer. In issuing such an encroachment
permit, the City Engineer shall consider the safety of vehicular and
pedastrian traffio, the prevention of damage to. publio property, the
aesthetic conditions .of a particular naighborhood and the publio health,
safety, and welfare. .
As used herein, "publio service banner:' shall mean temporary banners .of non"
profit public welfare organizetions and publio service groups which advertise
events of oommunity interest.
'l'he City Manager may, in his discretion, adopt ··a policy. regulating tha
installation, maintenance, and removal of public service banners.
ARTICLE 2. PERMI'l' REQUIREMENTS
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Section 10. PER}!IT REQUIRED. No person shall encroach or cause
to be made any encroachment of any nature whatever within, upon, over,.·ot
under the limits of any street in the City, or make or oause to be made .any
alteration of any natur·e within, upon, over, or under such street; or.
construct, put upon, maintain or leave thereon, or causa to be constructed,
put upon, maintained, or left. thereon, any obstruction or impediment of any
nature whatever; or 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, or similar encroachment, or
make any excavation or embankment in such a way. as to endanger the normal
·usage 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 whioh shall con~ain such information ss in t.he
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, The application shall be filed with the
City Engineer,
Section 12. PERHI'l' APPLICA'l'ION EXtIIBITS. The application shall
be eccompanied·by maps, plats, sketches, .diagrams,· or similar exhibits to the
size and in the qusntity as the City Engineer shall prescribe on which shall
be plainly shown any nnd all· information necessary to locate, delineate,
illustrate, or identify the proposed use or encroachment and the right of the
. . applicant t.o so use or encroach thereon. .
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Section 13. CONSENT OF .PUBLIC AGENCIES, The applicant
accompani..d by the written ord..r or Consent to any work thereunder
be required by law or any other public aganoy or body.
shall be
which may
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Section l4~·ACTION ON APPLICATION. Applications maY·be approved,
conditionally· approved, or denied; The City ·Engineer shall act on the
applicetion within thirty (30) working daya. Where the City Engineer finds
that the requirements of thia.Chapter have been· met and the required feea and
charges have been paid, .he sho.llissue a permit for the use or encroachl\lent,
attaching such conditions as ·he may deem neceasery for the health; safety,
and welfare 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 permit, giving the reasonS therefor in writing. The. City Engine..r
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. FEES AND CHARGES. Fees for issunnce of the peLmit
. and charges ehall be est~bliehed by the City ·Council from time to time by
resolution upon recommendation of the City Engineer..
A public agency which ie authorbed by law. to establish or maintain any works
or facilities in, under, or . oVer. any public street shall not be subj!Oct to a
fee for issuance of a permit but shall be required to pay ell 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. '
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Section 16. CASH OR BOND DEPOSIT. PrioL to issuance of a parmit,
unless waived by the City Engineer, the permittee shall deposit ",1.th the City
cash, a certified or caehier's check, or an approved surety bond in a sum to
be fiy.ed by tl,e City Engin"sr as sufficient to reimburee the City for costs
of r"storing the str".et to its former condition. ·If the permittee·
enticipates applying for a number. of permits throughout the yaar, he may file
a cash deposit or approved surety bond in a, ·sum astimatad. by the City
Engineer as sufficient to cover the perIUittee's activities during any twelve
(12) month period, .
Section 17. ADDITIONAL BOND OR CASH DEPOSIT. The City Engineer
may require an edditional bond·or cash deposit at arty time when in his
opinion the amount of the bond or,caeh depoeit previouely made is
insufficient.
Section 18. CONDITION OF BOND AND CASH DEPOSIT, The condition of
any bond or· c"sh deposit ¡nade pursuant to this Article shall be that the
perlnitte.. will diligently and with good faith comply wi.ththis Chaþter and
the terms and conditions of the permit.
See tion 19.· BOND PAYABLE TO CITY; TEIU! OF BOND. Any bond or cash
deposit required by the City Engineer pursuant to this Chapter ehall be
payable to the City of Dublin. Upon "atisfactory complation 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 .will be releas.¡.d, provided that the City Engineer may, in his
discretion, allow the earlier release of the bond or cash deposit. .
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Section 20. EXcLuSIONS. Cash deposits or bonds will noC be
required of any public utility holding a franchise with the City or public
agency which is authorized by law to establish or maintain any works or·
facilities in, under, or oVer any street.
Section 21. TERM OF PE~!IT. The permittee shall complete the
work or use. authorized by a permit i$sued pursuant ·tothis .Chapterwit:l1in
ninety (90) days from date of issuance, unless a different period is stated
in the permit. If ths work or use is not completed with ninety (9Q) days,. or
within the time $tated in the permit, then the per¡¡¡itshall become void, and· .
the City Engineer may restore the atreet in accordance with Section 7, An
extension of time for good cause may be granted by the city Engineer when
requested in writing.
Section 22, DISPLAY OF PERMIT. The permittee shan keep any
permit at the work site, and ·the permit mu,.t be shown to any authorized
representative of the city engineer or law enforcement officer on demand.
Section 23. CI~NGES IN PERMIT. ·No changes may. be made in. the
location, dimension, characcer'; or duration of the encroAchment or U$e as
granted by the permit except upon written authorization of th.. City Engineer.
Section 24. NON-TRANSFERABLE. No permit issued pursuant.to this
ordinance shall be transferable or assignable to any other person.
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Section 25. ISSUANCE OF OIHER PERMITS NOT COMPLIANCE WITH THIS
CHAPTER. Issuance of a building permit, eleotrical permit, plumbing permit,
demolition permit, or any other permit whioh may be required byelaw .atthe
saine location and in connection with' the slime activity for which a permit·
would be issued hereunder shall not conscitute authorization to encroach on
any street.
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ARTICLE 3. PERFORMANCE OF WORK
Section 26. STANDARDS ANP SPECIFICATIONS; The City Engineer
shall from time to time establish such standards and specifications as he
deems neoessary for the proper conetruction, use. and maintenance of
encroaohments and for the· safety, pròteotion and oonvenience of the public,
which standards and specifications shall be applioable to·all permittees.
Any work or use done under. all permits .shall confotln to the City's standard
plans and specifications, unless otherwise required by the City Engineer, If
inadequace. provision is msde fo.r the safety, protection ·and convenienoe ·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
permittee therefor. .
Section 27. COMPLIANCE WITH APPLICABLE SAFETY LAWS. The
permittee shall oomply with all applioable federal, state, and local laws and
regulations, including Department of Induscrial Relations of the State of
California' (CAL-OSHA) rules and regulations.
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Seotion 28. INSPECTIONS. The par~ittee shall allow the .City .
Engineer to inspeot any or· all work done pursuant to the permit ·at reasonable
times.
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SBo,tion29. NOTIFICATION: COMMENCEMENT OF WORK. The permiÙee
shall notify the City Engineer at le......t·twenty~four (24) hoursin·advanoa of
beginning work. If .appropriate, the permitteè ehail give suoh. advance notice
as may be requir,id by the City Engineer to thel'olice Department and/o!: Fi1:e
Department of the location and nature of the proposed work.
Seotion 30. RESTORATION OF STREET. Upon oompletion of tnework,
acts, or things for whioh the permit was issued, or when !:equired by the City
Engineer,· the permittee shall replace, repair, or restore the street at the
place of work to the same condition existing prior thereto, unl.ess othe!:wise
provided in ,the permit. The pèrmittee shall remove ell obstructions,
impediments, material or rubbish oaused to be or placed upon the street under
the permit, and shall do any other work or perform any act neoessary to
restore the ..treet to a ..afe and usable condition.
Section 31. DRAINAGE. If the work, Use or encroaohment
authorized in the permit ..hall interfere with the established drainage, the
permittee shall provide for proper drainage as direoted by the City Engineer,
Section 32. NOTIFICATION: COMPLETION OF WORK, Upon completion
of all work authorized in the·.permit, the permittee shall notify theC1ty
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 tbe
City Engineer unless such final inspection is waived by the ,City Engineer in
writing.
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Section'33. GUARANTY PERIOD. After completion of all work, the
permittee shall exercise reasonable care in monitoring and maintaining the
area affected by the encroachment, For a period of two (2) years after final
inspection cf the work by the City Engineer or the date of waiver of finel
inspection, the permittee shall repair eny injury or damage to any portion of
the street which oCCUXs as the result of work done under the permit,
including any and all injury or damage to the street whioh would not have
occurred had such work not been done. Any p~bli" utility, p~blic agency, or
franchisee which is a~thorized by law or contract ,to establish or maintain
any works or facilities in, under, or oVer any ·..treat shall monitor,
maintain, and/or repair the street or any portion of it where the public
utility,· public agency, or franchise.. hu made any excavation for the life of
any works or facilities contained in or under the street.
The permittee ..hell 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. should repair or replacement be required before the permittee can
·be notified or· can respond. to notifioation, the City may make or cause to be
made the necessary repairs or replacement.. or perform the necessary work and
the permittee shall be charged with all the expenses incurred in· the
performance of said work, including overhead,
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Section 34. RELOCATION OR REMOVAL OF ENCROACHMENTS. If any
future construction, reconstruction, or maintena.nce work by the City or
required by the City on a street requires the relocation,removal, or
abandonment of installa.tions or encroachments in, on, or under a street, the
permittee owning, controlling, or maintaining such installations or
encroachments shall relocate, ramove, or abandon the eame at his sole experise
unl..ss otherw15.. required by law. When removal, relocation, or a.bandonment
is required, the City Engineer shall give said permittee a·written demand
specifying the place of relocation, or that the installations or encroachmant
must b.. removed or abandoned. If said permittee fails to comply with said
instructions, the City may cause the ~emoval, relocation, ·or abandonment of
the encroachment at tha eJlOpense of the permittee.
ARTICLE 4. SJ:DEWALKS, DRIVEWAYS, CURBS
Seetion35. PERMIT REQUIRED. It is hereby deelared to be
unlawful for any person to repair or construct, or cause to be repaired Or
constructed by prlvate contract in the· City any sidewalk, driveway, curb,
gutter, or paving, or to cut any curb for the purpose of.constructing a
driveway, or to begin eJlOcavation for the purpose of. constructing a sidewalk,
dtiveway, curb, gutter, or paving within any strest without first obtaining a.
permit as required in Article 2 of this Chapter.
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Section 36. REMOVAL OF DRIVEWAY. When e driveway shall
permanently cease to be·used, the curb cut therefor, and all or a portion of
tha driveway, as determined by the City Engineer, shall be removed· and
sta~dard curb, gutter, and sidewalk shall be constructed. .The property owner
shell 'remove the curb cut and driveway and construct curb,. gutter, and
sidewalk, or cause same to be removed or con·structed, within thirty (30) days.
of receiving written 'notice from the City Engineer to do. so. Should the
property owner fail to perform such work or cause it to be perforlned "i thin
said thirty (30) days, the City Engineer shall have such work done at the
e~pensè of the property owner. The provisions of this Section shali apply to
all eJlOisting drive"ays whether or not the ~se thereof was heretofore
abandoned, ss well as to all such driveways which ara constructed after the
effective date of this Section.
Section 37. DENIAL OF BUILDING PERMIT WHILE SIDEWALK INCOMPLETE.
No building permit shall be issuad under the term~ of·this Code for.
construction, sdditiotls, or remodeling On eny lot, tra"t, or .parcel of land
on the street frontage of whi';h- the sidewalk, "urb,· or gutter is no·t
complete, unless said building p..rmit 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 City Engineer·
determines that it is in the public interest, be may waiva all or a portion
of the improvements required by the provisions of this section.
Section 38, REPAIR OF SIDEWALKS; REPORTINC DEFECTS, Any person
owning reel 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 City shall report to the City Engineer.in
writing any dangerous or defective sidewalk which exists, in front of, in bnck
of, or along the side of property occupied by him. If, as a consequence of
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any sidewalk being dange~ous or defective sufficient to endange~ persons
passing the~eon, any person exercising ordinary ca~é to avoid the .danger who
proximately suffers damage to his person or property because of a dangerous
or defective sidewalk shall have recoUrse fo~ euch damages against the person
failing to repai~ such· defect. The election of the City Engineer to repair
any dangerous or defective sidewalk with City fo~cesor by· contract at such
times.... the City Council may clitect, shall not in' any reapect limit or
modify the foregoing provisions.
ARTICLE 5.. MISCELLANEOUS
Seetion 39, REVOCATION. Any permit iasued hereunder may be
revoked by the City Engineer for violation of the provisions of this Chapter
or if the permitted activity poses an imminent th~eat to the public health,
safety, or welfare.
Section 40. APPEAL. An applicant er permitta·e .nay· eppeal the
decis~on ef the City Ettgineer concerning the denial or ~evocatlon of a permit
to· the City Manager pursuant to the provisiens of Sectiott 7 ef Ordinance No,
21-86, The City Manager may deny the appeal or grant the appeal with terms
and conditions necessary to protect the pablic health and safety.
Sectien 41. MAINTENANCE OF RECORDS, All permittees and ether
persens maintaining pe~manettt facilities within a st~eet shall keep up-to-
date records of the locatien and desoription of all sachfacilities, which
records shall be farttished to. the City Engineer .upon request, As ased
herein, "fadlities" shall include, but shall not be limited to, anderground
pipes, wires, and tanks.
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Section 42, MAIL BOXES. All mail boxes shall be placed in
accordance .with the rales and regulations ·of the United States Post Office
Depart'nent, but no box shall bese placed within the street as te endanger
the life or safety of the t~aveling public.
Section 43, MARKING OF CURBS. ETG, It shall be unlawful fer any
person, without first obtaining a permit under this Chapter, to soliciton·a
commercial or donation basis, to place o~ maintain any number, figare,
letter, carving, drawing, design, or other marking upon any street; except
that markings fer the purpose of identifying survey, atility, or construction
locations shsll not be subject to this Chapte~. A permit fer placing cr·
maintaining nambers, figures, letters, carvings, drawings, designs or other
markings unde~ this Chapter may be issued only te non-profit organi~atiens
which have their prittcipal and permitted tneeting place within City Limits ami
have baen organized and established within the City for a minimum of ene (1)
year. continuously preceding application fo~ a pe~mit.
Section 44. MONUUENTS; Any monument .of gr<,nite, oo\,\crete., iron,
Or other lasting material set for the pu~poseof locating or preserving the·
lines and/or elevation ef any street, property subdivision, er apreoise
survey peint or reference peint shall not be removed or disturbed or caused
to be removed or disturbed withoat first obtaining permission f~om the City
Engineer te do so. Replacement of removed er disturbed menumente will be at
the· expense of the permittee.
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See tion 45. !lEDGES , FENCES , SHRUBBER,Y , AND LAWNS.
(a)
No tree, fence, or $imilar structure, $hall be planted,
erected, or IDaintaine~ in a strset without a perIDit. No.
encroachment of any nature will be permitted or maintained
which impedes, obstructs.- or denies such pedestrian or
other lawful travel, or ·which. iIDpairs adequate sight
distance for safe pedestrian.or vehicular traffic.
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(b) Maintenance. The permittee or property owner shall
maintain all hedges, shrubs, walls, fences, or similar
structures erected for landscaping purposes in a neat and
orderly condition; if such stnlctures 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 peraon 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 shall not
extend into the roadway or walkway nor into the drainage
ditches, gutter, or other drainage facilities.
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Section 46. TREES. The applicant for a permit to plant tree. in
the right-or-way of a public highway shall show·in .his application the exact
location of and the kind of .tne 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 ahall 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 the trees and
shall bear the cost of their maintenance, The City Engineer, at his sole
discretion, may require the permittee ·to remove the trees at hie sole expense
if neceseary for public aafety. or convenience.
Section 47. UNLAWFUL STORAGE. No person shall store any itenl of
business inventory, including vehicles, upon any street or sidewalk,
enforcement
Chapter,
Section 48, ENFORCEMENT.
authority for purposes of
The City Engineer is designated as the
enforcing the provisions of this
Section 49, NUISANCE SUMMARY ABATEMENT, Violation of the
provisions of this ordinance are hereby declared to· constitute a nuisance.
The City Engineer may summarily abate any such nuisance in accordance with
California Government Code Section 38773. The costs cf such ·abateluent shall
be a personal obligation of the property owner and may be made a lien against
the property in accordanoe with the provisions of Section 37.
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Section 50, LIEN PROCEDURE
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(a) Record of Cost, The City Engineer shall keep an account of
the cost of performing the abatement, including reasonable
administrative cos·ts ,on each separate lot or parcel of
land, and the name of the owner thereof. Such costs shall
become, when confirmed, a 'special' assessment againat the
property.
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(b) Council App"al, 'Setweenthe 'first and fifteenth day of July
of each year, the City Manager shall caus''-·to be published s
notice to the effect that any owner upon whose property 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 efter the first day of August, it shall hold a
hearing to confirm the clests and any appasls, and its
determination thereupon shall· be final.
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(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 sh..ll entar each assessment·· on the
tax roll against the respective premises. Said assessment
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 sama·procedure and sale in case
of delinquency as provided for such taxes. All laws
applicable to the levy, collection, and enforcament of
municipal ad valorem property taxes shall be applicable to
auch·assQssments. The lien created attaches upon
recordation of a certified copy of the confir¡uedreport in
the office of the County Recordsr and shall continue until
the charges and fees are fully paid.
Section 51. REPEAL, Dublin Ordinance No. 17·83 is hereby
repealed.
Section 52, SUPERCESSlON, This OJ;dim,nce shall supersede the
proviSions of Alameda County Code Title 5, Chapter 1, as adopted by Dublin
Ordinance No, 82-13.
Secticn 53. EFFECTIVE DATE AND POSTING OF ORDINANCE, This
Ordinance shall take effact and be in force thirty (30) d..ys from and afteJ;
the date of its passage. The City Clerk of the City of ·Dublin shall CaUse
thiSOrdinanca to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
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PASSED AND ADOPTED by the City Council of the City of Dublin on
this 30th day of Octobe.,· 1989.
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AYES:
NOES:
Counci1membe.s Hegarty, Jeffery, Snyder,
Vonheeder and Mayor ~offatt
N·one
ABSENT: None
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ORDINANCE, NO. '3
AN ORDINANCE OF '1'HE CITY OF DUBLIN
PROVIDING FOR INDEFINI'1'E EX'1'ENSIBN
IN EFFEC'1' 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 1, 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
Tit.le 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
{~.. Ti tle 7 Chapters 1, 2, 3, 4, 5 and 6
'"0· Title 8 Chapters 1 and 2
Section 2. DEFINITIONS
Any reference in the foregoing County of Alameda
ordinances to the "Board of Supervisors,n "planning Commission"
or "Sheriff" shall be deemed to be re,ferences 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 l~ 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
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shall take effect immediately.
PASSED AND ADOPTED by the C:ity. 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
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City C rk . .
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ORDINANCE NO. 1
.
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 Dubl in immediately precedin,g the incorporation of saìd 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
referring thereto and stating an intention to supersede the same.
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Section 2. The City of Dublin has become incorporated on this date and
comprises territory formerly unincorporated. The:C1ty 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 terr,itory, ,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 this 1st day of February, 1982, by vote as
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AYES: . COUNCILMEMBERS Burton, Hegarty, Jeffery, Moffa~t and Mayor Snyder
NOES: None
ABSENT: None
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