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HomeMy WebLinkAboutCC ORD 1975-1473 Curbs, gutters, sidewalks and driveways; rescinds Ord. 1455 (13.04)1473 The City Council of the City of National City, California DOES ORDAIN 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 homeowner's driveway, sidewalk and/or curb public improvement permit from the City Engineer to do so. SECTION 2. No such improvement permit issued under Section 1 above shall be in conflict 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 o 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 the 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 public improvement permit the permittee agrees as a condition to accepting said permit that he, his assigns or successors owning or having owned the property to be served thereby shall replace such driveway with standard curb and side- walk, if and when abandoned. Any abandoned driveway shall be removed and replaced with curb and sidewalk upon direction of the City Engineer. Provided, however, that the Council may, in special cases, by reso- lution, order the issuance of a public improvement permit to construct and maintain driveways in excess of the limitations contained in subsections a, b, c, d, and e, of this section. Applica- tions for such special permits shall be made to the City Manager who shall recommend to the City Council the granting or denial of same. A fee of ORDINANCE NO. 1473 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, PROVIDING FOR FEES, PERMITS, INSPECTIONS, PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF AND RESCINDING ORDINANCE NO. 1455 twenty-five dollars ($25.00) shall accompany each application for such special permit. No application shall be considered unless said fee shall have been paid. h. 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 public improvement permit is issued to a licensed contractor under this Or- dinance a public improvement 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 determination of locations, length, and measurments of curb line shall be final. b. Commercial public improvement permits shall be obtained by contractors who are licensed by the State of Cali- fornia 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 public improvement 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, and 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 Engi- neer, 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 public improvement permit. d. Homeowner applicant shall furnish o 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 public improvement 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 public improvement permit shall be twenty dollars ($20.00) plus ten cents ($0.10) per foot of work in excess of twenty- five feet (25'). The additional cost over the regular permit fee is to cover ad- ditional costs involved to assure proper workmanship by unlicensed individuals within the City right-of-way. SECTION 5. Requirements for both commercial and homeowners public im- provement permits for curb, gutter. sidewalk and/or driveway. a. Applicant shall maintain the premises in a safe manner, 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 at forms, the Street Superintendent shall complete the construction and/or removal of debris cnd material and shall recover from the cash deposit the actual cost of the work, including overhead, plus a sur- charge of fifty percent (50%). SECTION 6. Any person, firm or cor- poration as principal, agent or employee violating any of the provisions of this Ordinance shall be guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not m than $500 or by imprisonment not exceed six (6) months or by both su fine and such imprisonment. SECTION 7. All other ordinances or amendments thereto in conflict herewith 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 to for the violation of the provision 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 decision shall not affect the legality of the re- maining portion of this Ordinance. The City Council hereby decrees that it would have passed this Ordinance and each section, subsection, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases be de- clared unconstitutional. PASSED AND ADOPTED this 15th day of July, 1975. ATTEST: S/IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, S/KILE MORGAN Mayor on July 15, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Dal la, 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/TONE 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 July 8, 1975 and on July 15, 1975. I FURTHER CERTIFY THAT said or- dinance was read in full prior to its final passage or that the reading or said ordinance in full was dispensed with by o 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. 1473 of the City f tional City, passed and dopt/d b e Council of said C;,jty on 5, 197 . • IO tTCAM City Cle1 Cle of the Citof Nation City, California AND I HEREBY CERTIFY that the same has been duly published according to I (Seal) City C ' rk of the C y of Natio- al City, Cal fornia