HomeMy WebLinkAboutORD-10-93 Amend Ch 12.12 Maintenance Duties of Property Owners and CityORDINANCE NO. 10-
93 AN ORDINANCE OF '!HE CITY CXXJNCIL OF '!HE CITY OF
ORANGE AMENDING aJAPI'ER 12. 12 OF '!HE ORANGE MUNICIPAL
roDE RffiARDING '!HE r:xJTY OFPROPERI'Y OONERS AND '!HE CITY '
TO MAINI'AINTREE'S, SIDEWAIK'3 BIKEWAYS, 'ffiAIIS AND
PARKWAYS IN A NON-J:lI'.
NGEROOS CXlNDITION WHEREAS, the streets and Highways Code provides that
a JllllI1icipality nay delegate to a Property owner the duty to naintain in
a non-dangerous corrlition all Trees, sidewalks, Trails, Bikeways, and Parkways
adjacent to the OWner I
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 corrlition existing in
such location; and WHEREAS, the City Council desires to arnen:l Olapter 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 CMe a
duty to naintain and repair such Sidewalk, Trail, Bikeway, or Parkway,
and naintain trees adjacent thereto, in a non-dangerous corrlition to ensure
the safety of those members of the public who
use such areas; and WHEREAS, recent court decisions have held that a
city nay adopt an ordinance explicitly establishing that a Property OWner CMes a
duty of care to the general public to naintain in a
non-dangerous corrlition all Trees,Sidewalks, Trails, Bikeways, and Parkways adjacent
to the ONner's property.NCM, 'IHEREFORE, THE CITY CXXJNCIL OF '!HE
CITY OF ORANGE
RECITAIS
SECI'ION I
OIAPI'ER 12.12
SIDEWAIK CX>NS'l'RUCrION srANDI\RD
Ihe Orange Municipal Code is hereby aJrel'ded to add Olapter 12.12, to read as
follows:
OIAPI'ER 12. 12
12.12.010
12.12.020
12.12.030
12.12.040
12.12.050
12.12.060
12.12.070
12.12.080
12.12.010
following words and
them by this Olapter:
DEFINITIONS
a:MPLIANCE WI'IH PROVISIONS
SPECIFICATIONS - PERMIT CX>
NS'l'RUCrIONOF aJRBS, Gl1lTERS AND SIDEWAl1<SIN X>
NJUNCrIONWI'IHBJIIDING CX>NS'l'RUCrION - REl;2UIRED SAME, VARIANCE
F'RCM REQUIREMENTS MAINI'ENANCE
AND REPAIR OF SIDEWAl1<S, BIKEWAYS,aJRBS AND
Gl1lTERS AND TRAIlS LIABILITY FOR
INJURIES 'TO roBLIC EXEMPI'IONS
Definitions. For
the purpose of this Title, the phrases shall
have the meanings respectively ascribed to A. "Bikeway"
shall mean any improved Right-of-Way for bicycle
purposes which is referenced within the City's General Plan and its
implementation dOCl.lllleI1ts, whether or not such bikeway is adjacent to a street.
B. "City 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 implementationdOCl.lllleI1ts, whether or not
such Right-Way is adjacent to
a street.C. "curtJ" 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 intenningled
or contact the branches of any other plant in the
G. "Landscape Maintenance" includes, but is not limited to,
maintainirXJ Trees, Shrubs, Hedges am grourrl covers, through deep root
waterirXJ; root pruning; installation of root barriers; clearance am structural
trinuning; fertilization; pest control; renDVal of branches, leaves am other
debris whether dead or dyirXJ; renDVal, fillirXJ, am replac:eI'lalt of landscapirXJ
within Parkways; am all other work necessary to ensure the Tree, Shrub, Hedge,
or grourrl cover does not create a dangerous corrlition.
H. "Parkwav" shall mean that area from the back of the CUrl> to the
edge of the Right-of-Way, or if no CUrl> exists, that area from the edge
of the street to the edge of
the
Right-
of-
Way.1.organization,
entity.Person"
shall
mean
partnership, business,any trust,
irrlividual, finn, asscx::iation,
company, corporation or other J. "Private Trail" shall mean any i.1l1proved
or 1.lI1i.1l1proved Right-of-Way for equesterian, bicycle
or pedestrian purposes, which is not referenced within the City's General
Plan am its i.1l1plementation documents,whether or not such
Right-of-Way is adjacent to a street.K. "Property <Mner or <
Mner" shall mean any person holdirXJ title to real property abuttirXJ 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, pri1ne responsibility for compliance shall rest upon whichever
of such persons is the occupant or user of the property,
am the ultinlate 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 Oran:Je or any other public entity.M. "
RiClht-of-
Wav" shall
mean the entirety of that
area dedicated for public use.N. "Shnlb"more than 6 feet tall.
shall mean a bush, or plant more
than 12 inches but not Ashrub shall notinclude a
Hedge.O. "sidewalk" shall mean any i.1l1proved
or uni.1l1proved pedestrian walkway within a Right-of-
Way adjacent to a street.P. "Sidewalk. Bikewav am Trail Maintenance and
Reoair" shall include, but notbe limited to, maintenance am repair of surfaces
includirXJ grindirXJ, removal am replac:eI'lalt of sidewalks; repair am maintenance
of CUrbs am Gutters; trinuning of Trees, Shrubs, arx),Ior Ground Cover, am trinuning
Trees, Shrubs, am Ground Cover within the Parkway am within the area
on am overnangirXJ any Sidewalk, Bikeway, or Trail, sothat the Sidewalk, Bikeway or
Trail will remain at all times in a non-<langerous corrlition to persons usirXJ
the Sidewalk, Bikeway or Trail and in a corrlition which will not
interfere with the
Q. "street" shall mean a Right-of-Way owned by the City
of Orange,the County of Oran;Je, or the state of California, whose prilnary function
is to carry
vehicular traffic.R. "street Tree" shall mean all varieties of trees, shrubs
and other ornamental vegetation within all or any portion of territory within
the city set apart and designated for use by the public as a thoroughfare
for travel,and includes the parkway, the center and the side
plots thereof.s. "Trail" shall mean both City Trail and
Private Trail.T. "Tree" shall mean any growing plant ex~;ng 6 feet
in height,whether planted singly or as
a Hedge.3 -
12.12.020 Compliance with Olaoter Provisions. All cement sidewalks
arrl cement curtJs hereafter constructed in the City shall be constructed in
a=rdance with the provisions of this chapter arrl not otherwise.
12.12.030 Specifications - Permit. '!he following requirements shall apply
to the construction of all sidewalks, curtJs arrl gutters:A. '!
he City En:Jineeris authorized arrl directed to prepare arrl file in
his office starnard specifications for the construction of future sidewalks,curtJs
arrl gutters in the City.B.
Every person constructing or a=angingfor the construction of a building
or dwelling shall provide for the construction of cement curtJs,sidewalks
arrl gutters in a=rdance with the specifications prepared by the city
En:Jineer.C.
Every person, when desiring to do or make any of the following adjacent
to his premises: (1) construct cement sidewalks, curtJs arrl gutters;2)
plant or rerrove trees; (3) any other change or inlprovement desired by the owner
or occupant; ( 4) any other change or inlprovement required by the Council,
shall apply to the City En:Jineerfor specifications arrl a pennit.12.
12.040 Construction of curtJs. qutters arrl sidewalks in coni unction with
buildinq construction - ReQuired.In all
areas of the city which do not currently have CUrbs, Gutters arrl sidewalks
constructed to existing City specifiations, 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 inlprovements 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 arrl CUrbs arrl Gutters
meeting current City standards when such Sidewalks and/or CUrbs arrl Gutters do
not exist. In areas not subdivided or parceled into one-half acre or
snaller 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 .
he
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.4-
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 fin::1s that
any of the followin:J exists:
a) D..1e to location of the property, the terrain or corrlition of the
property or other similar reason, the construction of the Cllrb, Gutter am
sidewalk would be inpractical an:l,Ior unnecessary;
b) D..1e to the lack of adequate data regardin:J grades, plans or
surveys, the construction of the Cllrb, Gutter an:l,Ior sidewalk should be waived;
or
c) 'Ihe construction of the Cllrb, Gutter am Sidewalk is included in
a budgeted City project or an approved assessment district.
Ihe 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. 'Ihe decision of the City Council shall be final.
12.12.060
Gutters am Trails.
Maintenance am Repair of sidewalks. Bikewavs. CUrbs am
a) Maintenance Costs. Notwithstandin:J anythin:J in this Title to the
contraJ:y, the maintenance and repair of Sidewalks, Bikeways, CUrbs, Gutters am
Trails and the making, confirming am collectin:J of assessments for the costs
and expenses of such maintenance am repair may be done in a=rdance with this
OIapter am the pr=edure provided in OIapter XXII of Division 7, Part 3
cornmencin:J with section 5600) of the streets am Highways Code. In the event
of any conflict between the provisions of the streets and Highways Code am
this OIapter, the provisions of the streets am Highways Code shall control.
b) Propertv Owner - General Maintenance Obliaations. Except as provided
in subsection (d), below, Owners of property, adjacent to any portion of
a Sidewalk, Bikeway or Private Trail shall perfonn all sidewalk, Bikeway am Private
Trail maintenance and repair, includin:Jbut not limited to all the City of
Orange's repair, replacement, maintenance, inspection costs as well as all administrative
costs urder subsection (a) of this section, am all costs of handlin:
Jany lien on property due to failure of the Property owner to promptly pay
such assessments.5 -
c) sidewalk Maintenance.
1) 'The Property Owner shall repair anjjor replace any sidewalk
adjacent to their property in a=rdance 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 rarrp or grim 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
am replace Sidewalks adjacent to their Property when vertical
offset is greater than 1 inch am:
i) the damage was caused by City street Tree;
ii) the damage was due to City utility cuts;
d) city Maintenance Obliqation. 'The City shall have the following
maintenance and repair obligations:
1) city Trails. 'The City shall be reponsible for
maintenance and repair of all City Trails.
2) Bikeways. 'The city shall be responsible only for
repair am replacement of the Bikeway surface am structural
sections only.
3) CUrb am Gutter. 'The City shall provide routine maintenance
am repair of all public CUrb am Gutters except when City detennines
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 Liability for Iniuries to Public.
Arry person required by Section 12.12.060 to perform Sidewalk, Bikeway,
or Trail maintenance am repair shall owe a duty of care to members of the
public to keep am maintain the sidewalk, Bikeway, or Trail in a safe am
non-dangerous condition. In case of the failure of that person to
maintain 6 -
the sidewalk, Bikeway, or Trail in a non~erous corrlition in the nanner
required by Section 12.12.060 above, the Property Owner shall be liable to any
person for the resulting damages or injUIY that person suffers as a result.
12.12.080 Exemptions.
Ihe provisions of this Article shall not apply to a public place.
Section II:
Severability. If any section, subdivision, paragraph, sentence, clause or
phrase of this chapter is for any reason held to be irwalid or
unconstitututional, such decision shall not affect the validity of the
remaining portions of this chapter. 'Ihe city Council hereby declares that it
would have passed this chapter, arrl each section, subdivision, paragraph,
sentence, clause arrl phrase thereof , irrespective of the fact that anyone (or
more) section, subdivision, paragraph, sentence, clause or phrase had been
declared irwalid or unconstitutional.
section III:
A stIIl1II1al:Y of this Ordinance shall be published arrl 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 COI.U1cil meeting at which this
Ordinance is to be adopted. A SUIlll1'aJ:'y of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, arrl circulated in the City of
Orange. 'Ihe City Clerk shall post in the Office of the city Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those
City Council members voting for arrl against the Ordinance in a=rdance with
Government Code section 36933. fuis Ordinance shall take effect thirty (30)
days from arrl after the date of its final passage.
Adopted this 20th day of July 1993.
ATI'EST:
Marilyn J. Jensen
city Clerk of the city of Orange f~-Deputy
Cit Clerk STATE
OF CALIFORNIA)muNTY
OF ORANGE )CITY
OF ORANGE )7 -
I, MARILYN J. JENSEN, City Clerk of the city of Orange, California, do
hereby certify that the foregoin3" Ordinance was introduced at the regular
meetin3" of the City Council held on the 13th day July , 1993, am
thereafter at the regular meetin3" of said City Council duly held on the 20th
day of July , 1993, was duly passed am adopted by the followin3" vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
Marilyn J. Jensen
City Clerk of the City of Orange
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