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HomeMy WebLinkAboutCC ORD 1975-1455 Curbs, gutters, sidewalks and driveways; rescinds Ord. 851 (Rescinded by 1473)1455 The City Council of the City of National City, California, DOES OR- DAIN as follows: SECTION 1. It shall be unlawful for any person, firm or corporation to cut, break, remove, construct or install any curb gutter, sidewalk or driveway on any public street or alley in the City of National City without first obtaining either a commercial or homeowners driveway, sidewalk and/or curb permit from the City Engineer to do so. SECTION 2. No such permit issued under Section 1 above shall be in con- flict with the following regulations: a. The maximum width of any drive- way shall be not more than thirty-five (35) feet, as measured at the top of the curbing. b. The minimum distance between driveways serving the same lot or parcel of land shall be not less than twenty- five (25) feet, as measured at the top of the curbing. c. No driveway shall exceed forty (40) percent of the frontage upon any street, of the lot or parcel of land to be served. d. No driveway shall be located so as to interfere with intersecting side- walks, traffic signals, lamp posts, fire hydrants or utility poles. No driveway shall be placed nearer than five (5? feet, as measured from beginning of the curb depression, to the beginning of a curb return at an intersecting street. e. No driveway curb depression shall begin nearer than eleven (11) feet from the property line projected to the curb, other than minimum width driveways in residential areas. f. No permit shall be issued to remove any curbing where it is the intent of the applicant to install a curb depres- sion, unless between curb and property line a concrete driveway of six inch (6") thickness is to be installed. g. Upon issuance of a driveway per- mit the permittee agrees as a condi- tion to accepting said permit that he, his assigns and successors owning or having owned the property to be served thereby shall replace such driveway with standard curb and sidewalk, if and when abandoned. Any abandoned driveway shall be re- moved and replaced with curb and side- walk upon direction of the City Engineer. Provided, however, that the Council may, in special cases, by resolution, order the issuance of a permit to con- struct and maintain driveways in excess of the limitations contained in sub- sections a, b, c, d, and e, of this sec- tion. Applications for such special permits shall be made to the City Manager who shall recommend to the ORDINANCE NO. 1455 AN ORDINANCE REGULATING THE INSTALLATION AND REMOVAL OF CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS UPON ANY PUBLIC STREET OR ALLEY WITHIN THE CITY OF NATIONAL CITY AND PROVIDING FOR FEES, PERMITS, INSPECTIONS AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF (Rescinds Ordinance 851) City Council the granting or denial of same. A fee of twenty-five dollars ($25.00) shall accompany each applica- tion for such special permit. No appli- cation shall be considered unless said fee shall have been paid. g. All concrete work shall be done in accordance with the City of National City standard specifications in effect at the time of such work and on file with the City Clerk. SECTION 3. Before any commercial permit is issued to a licensed contractor under this ordinance, a permit fee shall be paid to the City. a. Such fee shall be ten dollars ($10.00) plus ten cents ($0.10) per linear foot of work in excess of twenty- five (25) feet as measured along the curb line. The City Engineer's deter- mination of location, length, and measurements of curb line shall be final. b. Commercial permits shall be ob- tained by contractors who are licensed by the State of California to do this form of work. The licensed contractor shall have a valid City of National City business license. SECTION 4. Any property owner oc- cupying property solely as his own home or constructing a house to be occupied solely as his own home, may obtain a homeowners sidewalk, curb and/or driveway permit upon the following conditions: a. Homeowner applicant shall be the owner occupant, or constructing the house for his own occupancy. b. Homeowner applicant shall con- struct the curb, gutter, sidewalk and/ or driveway to official grade and in accordance with standard plans for curb, gutter, sidewalk and/or driveways on file in the office of the City Engineer, a copy of which will be furnished applicant upon request. c. Construction forms shall be in- spected by the City Engineer before any concrete is placed or poured under authority of said permit. d. Homeowner applicant shall furnish a cash deposit in the amount of one - hundred dollars ($100.00), guaranteeing completion of the curb, gutter, sidewalk and/or driveway in a workmanlike manner. Final determination of what is and what is not workmanlike, for work commenced or completed under said permit shall be at the sole discretion of the City Engineer. Homeowner applicant upon satisfactory completion of all work commenced under this permit may make application in writing to the City Engineer for return of his deposit. e. The fee for the homeowners drive- way permit shall be twenty dollars ($20.00) plus ten cents ($0.10) per foot of work in excess of twenty-five feet. The additional cost over the regular permit fee is to cover additional costs involved to assure proper work- manship by unlicensed individuals, within the City right-of-way. SECTION 5. Requirements for both commercial and homeowner permits for curb, gutter, sidewalk and/or driveway: a. Applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the City free from any damages incurred by his operations. b. All debris and surplus material shall be promptly removed upon com- pletion of the work. c. In the event the applicant does not complete the work, including the removal of debris and surplus material, within a period of ten (10) days from the date of inspection of forms, the Street Superintendent shall complete the construction and/or removal of debris and material, and shall recover from the cash deposit the actual cost of the work, including overhead, plus a surcharge of fifty percent (50%). SECTION 6. Any person, firm or corporation as principal, agent or em- ployee, violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction there- of shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city jail of National City or in the county jail of San Diego County for a period of not more than six (6) months or by both such fine and such imprison- ment. SECTION 7. All other ordinances or amendments thereto in conflict here- with are hereby repealed; provided that the foregoing repeal shall not affect any prosecution of any person that is now or that may hereafter be had or taken for the violation of the provisions of said ordinances so repealed. SECTION 8. If any section, sub- section, paragraph, clause or phrase of this ordinance is for any reason held to be unconstitutional such shall not affect the legalit remaining portions of this The City Council hereby decrees would have passed this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one more sections subsections, paragr sentences, clauses, or phrases b clared unconstitutional. SECTION 9. This ordinance shall take effect and be in force on and after the thirty-first day from and after its final passage. SECTION 10. Before the expiration of fifteen days after its passage the City Clerk of City of National City shall cause this ordinance to be published once in the National City Star News, a newspaper of weekly circulation, printed and published in the City of National City, California. PASSED AND ADOPTED this 14th day of January, 1975. S/KILE MORGAN Mayor ATTEST: S/TONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, on January 14, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the fore- going ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on January 7, 1975 and on January 14, 1975. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a ma- jority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 1455 of the City National City, passed and ad..te y the Council of said City on J. ary 4, 1975 S/IONE 0 UE `CAMPBELL City Jerk of the City of N nal City, California AND I HEREBY CERTIFY that the ha been duly published according aw. (Seal) City ?f rk of the '' ity of Nati I City, Ca ifornia