HomeMy WebLinkAboutORD-11-94 Amend Ch 12.12 Maintenance Duties of Property Owners and CityORDINANCE NO. 11-
94 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.12 OF THE
ORANGE MUNICIPAL CODE REGARDING THE DUTY OF
PROPERTY OWNERS AND THE CITY TO MAINTAIN TREES,
SIDEWALKS,BIKEWAYS, TRAILS AND PARKWAYS IN A
NON-
DANGEROUS CONDITION.WHEREAS, the streets and Highways Code provides
that a municipality may delegate to a Property Owner the duty
to maintain in a non-dangerous condition all
Trees, Sidewalks, Trails,Bikeways, and Parkways adjacent to the Owner'
s property; and WHEREAS, the Property Owner whose property
is adjacent to a sidewalk, Trail, Bikeway, or Parkway is in the
best position to promptly discover and remedy any dangerous
condition existing in
such location; and WHEREAS, the City Council desires to amend
Chapter 12.12 of the Code of the City of Orange to provide that
a Property Owner whose property is adjacent to a Sidewalk,
Trail, Bikeway, or Parkway shall owe a duty to maintain and
repair such Sidewalk,Trail, Bikeway, or Parkway and maintain trees
adjacent thereto, in a non-dangerous condition to ensure the safety
of the public who
use such areas; and WHEREAS, recent court decisions have held
that a city may adopt an ordinance explicitly establishing
that a Property owner owes a duty of care to the general public to
maintain in a non-dangerous condition all Trees,
Sidewalks, Trails, Bikeways, and Parkways adjacent
to the Owners property.NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF ORANGE
CHAPTER 12.12
SIDEWALK CONSTRUCTION STANDARD
UCITALS
SECTION I:
The Orange Municipal Code is hereby amended to add Chapter 12.12,
to read as follows:
CHAPTER 12.12
12.12.010
12.12.020
12.12.030
12.12.040
12.12.050
12.12.060
DEFINITIONS
COMPLIANCE WITH PROVISIONS
SPECIFICATIONS - PERMIT CONSTRUCTION
OF CURBS, GUTTERS AND SIDEWALKS IN CONJUNCTION
WITH BUILDING CONSTRUCTION- REQUIRED SAME,
VARIANCE FROM REQUIREMENTS MAINTENANCE
AND REPAIR OF SIDEWALKS, BIKEWAYS,CURBS
AND GUTTERS AND TRAILS LIABILITY
FOR INJURIES TO PUBLIC EXEMPTIONS
12.
12.070 12.
12.080 12.
12.010 Definitions. For the purpose of this Title, the following
words and phrases shall have the meanings respectively ascribed
to them by this Chapter:A. "
Bikewav" shall mean any improved Right-of-Way for
bicycle purposes which is referenced within the City'S General Plan and
its implementation documents, whether or not such bikeway is
adjacent to a
Street.B. "Citv Trail" shall mean any improved or unimproved
Right-Of-Way for equestrian, bicycle or pedestrian purposes
which is referenced within the City'S General Plan and
its implementation documents, whether or not such Right-Way is adjacent
to a Street.C. "Curb" shall mean a concrete or
asphalt edging which defines the edge of a paved Street and may, but
need
not, provide drainage.D. "Ground Cover" shall mean any plant less
than
12" in height.E. "Gutter" shall mean a depressed,
hard-surfaced area
for conveying surface water.F. "Hedqe" shall mean any group of Shrubs
planted in line or in groups so that the branches of anyone
plant are intermingled or contact the branches of any other plant in
the line or group.G. "Landscape Maintenance" includes, but
is not limited to,maintaining Trees, Shrubs, Hedges and
ground covers, through deep root watering; root pruning;
installation of root barriers;clearance and structural
trimming; fertilization; pest
removal of branches, leaves and other debris whether dead or dying;
removal, filling, and replacement of landscaping within Parkways;
and all other work necessary to ensure the Tree, Shrub, Hedge, or
ground cover does not create a dangerous condition.
H. "parkwav" shall mean that area from the back of the Curb to
the edge of the Right-of-Way, or if no Curb exists, that
area from the edge of the Street to the edge of
the Right-of-Way.I. "Person" shall mean
any individual, firm, association,organization, partnership, business,
trust, company,
corporation or other entity.J. "Private Trail" shall mean
any improved or unimproved Right-of-Way for
equestrian, bicycle or pedestrian purposes, which is not referenced within the
City's General Plan and its implementation documents,
whether or not such
Right-of-Way is adjacent to a Street.K. "Propertv
Owner or Owner" shall mean any person holding title to real
property abutting upon a Right-of-Way, or any agent thereof, as well
as any person who has the legal right to occupy the
property to the exclusion of others. For purposes
of this chapter, prime responsibility for compliance shall rest upon whichever of
such persons is the occupant or user of the property,
and the ultimate responsibility shall rest upon the Property Owner.
L. "Public Place" shall mean any real property owned by,leased to, or under
the control
of the City of Orange or any other public
entity.M. "Riqht-of-
Wav" shall mean the entirety of that area dedicated for public use.N. "
Shrub" shall mean a bush, or plant more than 12 inches but not
more than 6 feet tall. A shrub shall not
include a Hedge.O. "Sidewalk" shall mean any
improved or unimproved pedestrian walkway within a Right-of-
Way adjacent to a Street.P. "Sidewalk. Bikewav and Trail Maintenance
and Repair" shall include, but not be limited
to, maintenance and repair of surfaces including grinding, removal and
replacement of sidewalks; repair and maintenance of Curbs and Gutters; trimming
of Trees, Shrubs,and/or Ground Cover, and trimming Trees, Shrubs,
and Ground Cover within the Parkway and within the area on
and overhanging any Sidewalk, Bikeway, or Trail, so that the Sidewalk,
Bikeway or Trail will remain at all times in a non-dangerous
condition to persons using the Sidewalk, Bikeway or Trail and in
a condition which will
not interfere with the public convenience in
the use of the Sidewalk, Bikeway or
Trail.12.12.020 Compliance with Chapter Provisions.
sidewalks and cement
curbs hereafter
constructed in be
constructed in
accordance with the
12.12.030 SDecifications - Permit. The following requirements shall
apply to the construction of all sidewalks, curbs and gutters:
A.
The City Engineer is authorized and directed to prepare and
file in his office standard specifications for the construction of
future sidewalks, curbs and gutters in the city.B.
Every person constructing or arranging for the construction
of a building or dwelling shall provide for the construction
of cement curbs, sidewalks and gutters in accordance with
the specifications prepared by the City Engineer.C.
Every person, when desiring to do or make any of the following
adjacent to his premises: (1) construct cement sidewalks,
curbs and gutters; (2) plant or remove trees; (3) any other
change or improvement desired by the owner or occupant; (4)any
other change or improvement required by the Council, shall apply
to the city Engineer for specifications and a permit.12.
12.040 Construction of curbs. autters and sidewalks in coni
unction with buildina construction - Reauired. In all areas of the City
which do not currently have curbs, Gutters and Sidewalks constructed to
existing City specifications, all property Owners who are
constructing or causing to be constructed a new building or dwelling, or
adding square footage onto an existing building or dwelling in
excess of 50% of the building or dwelling's existing square footage,
or adding improvements totaling to 50% or more of the current
value of the existing structure as shown on the latest equalized county
assessment roll shall construct or cause to be constructed, along
the entire length of the lot frontage, Sidewalks and Curbs
and Gutters meeting current City standards when such Sidewalks and/
or Curbs and Gutters do not exist. In areas not subdivided or
parceled into one-half acre or smaller lots, Curbs,Gutters
and Sidewalks need not be installed for a greater distance than
the minimum lot width required by the zoning regulations for the
zone in which such lot is located. For corner parcels in such unsubdivided
areas, the lot frontage shall be determined by the minimum
area requirements.The
City Building Official shall deny final public utility connections
and, if applicable, any certificate of occupancy to any building
or dwelling until such concrete Curbs, Gutters and Sidewalks
exist or have been constructed to existing City standards.
12.
12.050 Same. Variance from Reauirements. Upon receipt of written
waiver application, the City Engineer may waive the requirements
of section 12.12.040, when the City Engineer finds that
any of the following exists:a)
Due to location of the property, the terrain or condition of
the property or other similar reason, the construction of the Curb,
Gutter and Sidewalk would be impractical and/or unnecessary;b)
Due to the lack of or
surveys, the construction should
be waived; or Ord
11-94
adequate data regarding grades, plans
of the curb, Gutter and/or Sidewalk
4
c) The construction of the Curb, Gutter and sidewalk is
included in a budgeted City project or an approved assessment
district.
The decision of the City Engineer to approve, conditionally
approve or deny a waiver application may be appealed by written
application to the Director of Public Works, if such appeal is
filed with the Public Works Department within 15 days of the City
Engineer's decision. If the waiver application is denied by the
Director of Public Works, the applicant may appeal the decision to
the City Council pursuant to the provisions of section 5.10.050 of
this code. The decision of the City Council shall be final.
12.12.060 Maintenance and ReDair of Sidewalks. Bikewavs.
Curbs and Gutters and Trails.
a) Maintenance Costs. Notwithstanding anything in this
Title to the contrary, the maintenance and repair of Sidewalks,
Bikeways, Curbs, Gutters and Trails and the making, confirming and
collecting of assessments for the costs and expenses of such
maintenance and repair may be done in accordance with this Chapter
and the procedure provided in Chapter XXII of Division 7, Part 3
commencing with section 5600) of the Streets and Highways Code.
In the event of any conflict between the provisions of the Streets
and Highways Code and this Chapter, the provisions of the Streets
and Highways Code shall control.
b) Property Owner - General Maintenance Obliqations. Except as
provided in subsection (d), below, Owners of property, adjacent to
any portion of a Sidewalk, Bikeway or Private Trail shall perform
all Sidewalk, Bikeway and Private Trail maintenance and repair,
including but not limited to all the City of Orange's repair,
replacement, maintenance, inspection costs as well as all administrative
costs under subsection (a) of this section, and all costs
of handling any lien on property due to failure of the Property
owner to promptly pay such assessments.c)
Sidewalk Maintenance.1)
The Property Owner shall repair and/or replace any Sidewalk
adjacent to their property in accordance with city specifications
as follows:i)
when there is a 3/4 inch to 1 inch vertical separation
in any portion of the Sidewalk, the Property Owner shall ramp
or grind the Sidewalk to eliminate the vertical separation;ii)
when there is over 1 inch vertical separation,the
Property Owner shall replace the damaged section of Sidewalk to eliminate
the separation.2)
The Property Owner shall not be responsible to repair
and replace Sidewalks adjacent to their Property when vertical
offset is greater than 1 inch and:5
Ord 11-94
i) the damage was caused by City street Tree.
ii) the damage was due to city utility cuts.
d) citv Maintenance Obliqation. The City shall have the
following maintenance and repair obligations:
1) citv Trails. The City shall be responsible for
maintenance and repair of all City Trails.
2) Bikewavs.
repair and replacement of
sections only.
The city shall be responsible only for
the Bikeway surface and structural
3) Curb and Gutter. The City shall provide routine
maintenance and repair of all public Curb and Gutters except when
City determines that the damage to the Curb and Gutter is
attributable to the adjacent Property Owner's action, in which case
the Property owner shall be responsible for such repair or
replacement.
12.12.070 Liabi1itv for In;uries to Public. Any person
required by Section 12.12.060 to perform Sidewalk, Bikeway, or
Trail maintenance and repair shall owe a duty of care to members of
the public to keep and maintain the Sidewalk, Bikeway, or Trail in
a safe and non-dangerous condition. In case of the failure of
that person to maintain the Sidewalk, Bikeway, or Trail in a
non-dangerous condition in the manner required by section 12.12.
060 above, the Property Owner shall be liable to any person for
the resulting damages or injury that person suffers as a
result.12.12.080 ExemDtions. The provisions of this Article
shall not apply to a public
place.section
II:Severabilitv. If any section, subdivision, paragraph,
sentence,clause or phrase of this chapter is for any reason held to
be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this chapter. The
City Council hereby declares that it would have passed this chapter,
and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that anyone (or more)
section,sUbdivision, paragraph, sentence, clause or phrase had
been declared invalid or
unconstitutional.section
III:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted.
A summary of this Ordinance shall also be published once
within fifteen (15) days after this Ordinance's passage in a newspaper
of general circulation, published, and circulated in the City
of Orange. The City Clerk shall post in the Office of the City
Clerk Ord 11-
a certified copy of the full text of such adopted Ordinance along
with the names of those City Council members voting for and against
the Ordinance in accordance with Government Code Section 36933.
This Ordinance shall take effect thirty (30) days from and after
the date of its final passage.
Adopted this 78th day of June 1994.
ATTEST:
of Orange
By:
I, MARILYN J. JENSEN, city Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on the 14th
day of ,Tlln" , 1994, and thereafter at the regular meeting of said
ci ty Council duly held on the 28th day of ,T1mp , 1994, was
duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON, BARRERA, CClC.NTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MAYOR BEYER
COUNCIL MEMBERS: NONE
ci
SSH:dg Ord 11-
94