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(Added by Ord. No. 122,905, Eff. 10/26/62.)
(a) No person shall paint, stencil or affix, or cause to be painted, stenciled or affixed, any house or street address number on any curb in or adjacent to any public street without first having obtained a permit so to do from the Board.
(b) No such permit shall be issued until the applicant therefor shall have complied with the following requirements:
1. Application shall be made on forms provided therefor by the Board and shall be accompanied by the payment of a fee. Said fee shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
2. The applicant shall file with the Board a policy of public liability insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its officers and employees against all claims arising out of or in connection with the issuance of the permit or the operation of the permittee or the permittee’s agents or contractors pursuant to the permit. The policy of insurance shall provide coverage as follows:
Bodily Injury $25,000 each person
$50,000 each accident
Property Damage $ 5,000 each accident
3. The applicant shall post and maintain with the Board a surety bond in the amount of $500. Such bond shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City, shall be executed by a reliable surety company authorized to do business in California and satisfactory to the City, and shall guarantee compliance with the provisions of this section and all rules and regulations adopted by the Board pursuant thereto.
EXCEPTION: The provisions of this subsection shall not apply to persons painting, stenciling or affixing house or street address numbers upon curbs abutting their own property.
(c) No person shall fail to keep a copy of such permit upon their person and available for inspection at all times while performing such work and no person shall represent in any way to the owner or occupant of the premises in question or to anyone that the painting of such numbers upon curbs or elsewhere is required by any law, rule or regulation.
(d) Any house or street address numbers which are painted, stenciled or affixed to any curb pursuant to the provisions of this section shall consist of black numerals not less than 2-1/2 inches, nor more than 4 inches in height on a white background. First quality paint shall be used in all cases.
(e) All permits issued under the provisions of this section shall expire on the 31st day of December following the date on which the permit was issued.
(f) The Board may adopt such reasonable rules and regulations in furtherance of the provisions of this section as the Board shall determine are necessary, including but not limited to rules regarding the work to be performed and the method and manner of the solicitation for such work.
(g) The Board may revoke or suspend any permit issued under the provisions of this section upon the permittee’s violation of or failure to comply with the provisions of this section or the rules and regulations of the Board adopted hereunder or any other applicable law of this City or State. Any such action shall be done in accordance with the provisions of Section 22.02 of this Code.
(h) Neither the City of Los Angeles nor any Board, Commission, officer or employee thereof shall be liable or responsible for any work done by any permittee under the provisions of this section, or by any employee, agent or independent contractor of the City who paints over, obliterates or removes any house or street address number upon any curb in the course of establishing any official traffic control or street identification sign, or in the process of repair or replacement of curbs.
(Added by Ord. No. 160,459, Eff. 11/28/85.)
(a) Issuance of Permits. The Board of Public Works may issue a permit for vibroseis surveys on public streets when the Board determines that such activity will not interfere with the public’s use of said street and this section has been complied with.
No vibroseis survey shall be conducted on a public street without a current permit issued by the Board of Public Works as provided in this section.
(b) Application for Permit. Requests for vibroseis surveys shall be filed with the Board at least thirty (30) days prior to the date requested for commencing permit-authorized work. The Board, upon receipt of an application for permit, shall give notice of the receipt thereof to the City Council office for each Council district in which the applicant requests permission to conduct its survey.
(c) Permit Fee. The issuance of a permit shall be subject to payment of a permit fee plus a daily inspection fee assessable for each day the operation is in progress. The permit fee and daily inspection fee advance payment, based upon the applicant’s estimated number of days of operation, shall be paid at the time the application is filed. The fees herein shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(d) Conditions for Granting Permits. The Board shall adopt written procedures and conditions relating to but not limited to, the requirements for liability insurance, citizen notification, restrictions on hours and days of operation, and other conditions set forth in the Bureau of Street Maintenance Report No. 1 adopted by the Board on September 24, 1984, a copy of which is a part of Council File No. 85-0532. (Amended by Ord. No. 160,496, Eff. 12/19/85.)
No permit shall issue unless the City Engineer has first determined and so notified the Board in writing, that the route of the vibroseis testing proposed in the application for permit does not contain potentially unsound clay or concrete sewer pipes, however, in the event the City Engineer cannot make such a determination, that office may recommend a prescribed alternate route through the area where such testing will not adversely affect such pipes, or, the Board may issue a permit on the condition that:
1. the permittee, prior to commencement of any such vibroseis work conduct a television inspection of any pipes in question and deliver the results of that inspection to the City Engineer;
2. the condition of the pipes so inspected by the permittee shall serve as a comparison basis for any similar television inspection by the City Engineer made after completion of the operation to ascertain whether the permittee’s operation has had any effect on the pipes; and
3. the permittee, prior to commencement of its operation, provides insurance as prescribed by the Board, and also agrees to indemnify and hold harmless the City from any adverse effects to any persons, to the pipes, or to any other private or public property.
If the City Engineer does not make the necessary route or alternate route determination or recommendations, or the applicant fails or refuses to agree to television testing of potentially unsound pipes and indemnification as provided hereinabove, no permit shall issue.
(Added by Ord. No. 140,170, Eff. 5/17/70.)
(a) Declaration of Purpose. It is the purpose of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby parkways in commercial or industrial zoned property fronting on major or secondary highways on which weeds, debris or an accumulation of rubbish exist in such amounts and to such an extent as to constitute a menace to the safety, health and general welfare of the people of this City, may be required to be paved.
(b) Necessary City Council Determinations. If the City Council determines that weeds, debris or rubbish exist on parkways in commercial or industrial zones fronting on major or secondary highways as shown on the latest revised Master Plan of Highways in such amounts and to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance; and
If the City Council further determines that it is impossible or impracticable to maintain such parkways free of such weeds, debris or rubbish by ordering the use of any other methods, the City Council may order the owners of property fronting on said parkways to pave said parkways with concrete including tree wells and street trees in accordance with the provisions of this section.
(c) Zones – Applicable. For purposes of this ordinance the following zones shall be considered commercial or industrial zones: P, PB, CR, C1, C2, C4, CM, M1, M2, and M3.
(d) Notification to Pave. When the Board of Public Works finds that owners of property located in commercial or industrial zones fronting on parkways adjacent to primary or secondary highways have failed to maintain said parkways free of weeds, debris or rubbish, said Board may, upon instructions of the City Council, notify the owner or person in possession of the property fronting on the parkway to pave said parkway with concrete.
(e) Notice – Requirements.
1. Notice to pave the parkway may be given by delivering a written notice personally to the owner or other person in possession of the property facing upon the parkway or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at the owner’s last known address as it appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the City Engineer. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
2. The postal card shall contain a notice to pave the parkway and the Board of Public Works shall immediately upon the mailing of the notice cause a copy thereof, printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property.
3. The notice shall specify the day, hour and place when the City Council will hear and pass upon objections and protests, if any, which may be raised by any property owner or any interested person, but in no case shall such hearing be sooner than 10 days after giving of notice. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon such objections and protests. The decision of the City Council on a protest or objection which may be made shall be final and conclusive.
4. The notice shall set forth the street address and a legal description, sufficient for identification, of the locations at which the parkways are to be paved. It shall particularly specify what parkways are to be paved, and that the paving shall be done pursuant to the specifications set forth in the Municipal Code for sidewalk construction and pursuant to rules and regulations of the Board of Public Works and upon the issuance of a permit by the Board of Public Works. The notice shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion within a reasonable time period to be specified in said notice, the Board of Public Works shall cause the paving to be done and the cost thereof shall be a lien on the property.
(f) Failure to Comply With Notice – Board to Perform Work. If the construction is not commenced and prosecuted to completion with due diligence as required by the notice, or by the City Council, the Board of Public Works shall forthwith cause the parkway to be paved, including providing for tree wells and street trees where applicable, and failure by the property owner to pay the costs of the work shall result in a lien against the property fronting on the parkway as provided below. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
Once the Board has commenced the paving work, the owner or person in possession of the affected property shall be deemed to have forfeited all rights and privileges to do such work and is thereafter prohibited from doing such work except as the Board may otherwise allow and if the owner or other person having charge or control of the affected property then proceeds to perform the work without a permit, the Board shall charge the person who caused said work to be performed the sum of $50.00 as partial reimbursement to the City for those expenses incurred in preparation of the work, including solicitation of bids, in the event the City contracts to have the work performed by private contractors.
(g) Collection of Costs. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property fronting on the parkway, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(h) All payments of costs incurred including fees, fines, late charges and interest and of the partial reimbursement referred to in Subsection (f) shall be paid to the Board of Public Works and deposited in the City Treasury to the credit of the proper fund. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(Amended by Ord. No. 186,819, Eff. 12/21/20.)
(a) Definitions. The definitions provided in Section 62.00 of this Code along with the definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this section.
(1) “Board” shall mean the Board of Public Works or its designee.
(2) “Certificate of Sidewalk Compliance” shall mean a certification issued by the Board that the Sidewalk on or fronting on a Lot meets the applicable standards under the Americans with Disabilities Act (42 U.S.C. 12131, et seq.) as of the date of issuance.
(3) “Commercial and Industrial Property” shall mean a Lot that is not a Residential Property.
(4) “Project” shall mean the erection or enlargement of a building or structure on a Lot pursuant to a building permit issued by the City.
(5) “Residential Property” shall mean a Lot that is in an area zoned R5 or more restrictive, as determined by the sequence of zones set forth in Section 12.04(A) of this Code.
(6) “Sidewalk Repair Incentive Program” shall mean a limited reimbursement incentive program for the owner of a Lot voluntarily undertaking Sidewalk repair work prior to the issuance of a Certificate of Sidewalk Compliance.
(7) “Sidewalk Repair Warranty” shall mean a limited warranty during which time the City guarantees one repair of a Sidewalk, except in the case of damage caused by the owner of the Lot or a third party.
(b) Responsibility for Maintenance. The owner of a Lot shall maintain any Sidewalk, Driveway Approach, Curb Return or Curb on or fronting on the Lot in such condition that the Sidewalk, Driveway Approach, Curb Return or Curb will not endanger any Person or property passing thereon or violate the Americans with Disabilities Act.
(c) Notice of Non-Compliance and Order to Repair. Except as provided in Subsection (d), if the Board determines that a Sidewalk, Driveway Approach, Curb Return or Curb is in a condition that endangers a Person or property passing thereon or violates the Americans with Disabilities Act, the Board shall notify the owner of the Lot fronting or containing the Sidewalk, Driveway Approach, Curb Return or Curb to repair the Sidewalk, Driveway Approach, Curb Return or Curb. Notice to repair shall be given by posting a Notice of Non-Compliance and Order to Repair in a conspicuous place on the Lot and by mailing the notice to the owner of the Lot at the last known address as indicated on the last equalized assessment rolls.
(1) Content of Notice of Non-Compliance and Order to Repair. The Notice of Non-Compliance and Order to Repair shall: (a) identify the Sidewalk, Driveway Approach, Curb Return or Curb requiring repair; (b) contain a description of the required repair; (c) designate the materials to be used; and (d) specify the deadlines for commencing and completing the repair and provide that if the repair is not commenced and thereafter diligently prosecuted to completion, the Board shall be authorized to make such repair at the Lot owner’s expense, and the cost of the repair shall be recorded as a lien on the Lot.
(2) Time Required for Repair. Within 30 days of the date of mailing the Notice of Non- Compliance and Order to Repair, or such longer time as the Board may allow, not to exceed 90 days, the owner of the Lot shall commence the specified repair in the manner and with the materials specified in the Notice of Non-Compliance and Order to Repair. All repair work performed pursuant to a Notice of Non- Compliance and Order to Repair shall be completed within 60 days of the date of issuance of the Notice, or such longer time as the Board may allow, not to exceed 120 days. No owner of a Lot receiving a Notice of Non-Compliance and Order to Repair shall fail to commence or complete the repair within the time specified or in the manner and with the materials specified.
(3) Failure to Repair. If the owner of a Lot receiving a Notice of Non-Compliance and Order to Repair fails to commence or complete the repair within the time specified, or in the manner and with the materials specified, the Board shall have the authority to perform, at the Lot owner’s expense, the work required by the Notice of Non-Compliance and Order to Repair and any other preventative actions, such as root pruning or tree removal, to prevent additional damage.
(4) Determination of Responsibility for Damage. Whenever the Board determines that a Person has damaged a Sidewalk, Driveway Approach, Curb Return or Curb, all costs incurred by the City to repair the damage shall be a personal obligation of the Person responsible for the damage, recoverable by the City in an action before any court of competent jurisdiction. If the Person responsible is the owner of the Lot, then the costs incurred pursuant to this section may be recorded as a lien on the Lot. The cost of the actual repair and preventative action, such as root pruning or tree removal to prevent additional damage, shall be recoverable along with an amount equal to 40 percent of the cost to perform the actual work, but not less than $100, to cover the City’s costs for administering any contract and supervising the work. In addition to this personal obligation or lien and all other remedies provided by law, if the Board determines that a Sidewalk, Driveway Approach, Curb Return or Curb is damaged to such an extent as to create a public nuisance, the City may collect any judgment, fee, cost or charge, including any permit fees, fines, late charges or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.10.
(5) Appeal to the Board. An owner of a Lot disputing a determination by the Board in a Notice of Non-Compliance and Order to Repair may appeal the decision to the Board. Any such appeal must be in writing and received by the Board within 30 days of the date of mailing the Notice of Non-Compliance and Order to Repair. Further action on the Notice of Non-Compliance and Order to Repair shall be stayed pending the outcome of the appeal. The determination by the Board on appeal shall be final.
(d) Limitations to Issuing Notice of Non- Compliance and Order to Repair a Damaged Sidewalk. Except as provided in Subsection (f), a Notice of Non-Compliance and Order to Repair with respect to a damaged Sidewalk shall not be issued: (1) prior to the issuance of a Certificate of Sidewalk Compliance; or (2) during the Sidewalk Repair Warranty Period unless the repair is required to remedy damage caused by the owner of the Lot or a third party.
This limitation on the issuance of a Notice of Non-Compliance and Order to Repair shall not apply to any Sidewalk first constructed after January 16, 2017, or to any Sidewalk on or fronting on a Lot owned by a governmental entity, including, but not limited to, the Federal Government, the State of California, any political or administrative subdivision of the Federal Government or State of California, and any county, city and county, municipal corporation other than the City of Los Angeles, irrigation district, transit district, school district, or other district established by law.
This limitation on the issuance of a Notice of Non-Compliance and Order to Repair also shall not apply to any Sidewalk on or fronting on a Lot undergoing a Project. The above limitation shall apply to a Project associated with a single-family home on a Residential Property, a Project on a Residential Property in which no additional dwelling units are added, and a Project on Commercial and Industrial Property adding 500 square feet or less to the total cumulative floor area on the Lot.
This limitation on the issuance of a Notice of Non-Compliance and Order to Repair also shall not apply to any Sidewalk on or fronting on a Lot where the Board has determined that any tree growing on the Lot has caused damage to the Sidewalk, provided that the Board shall first give a notice to the owner of the Lot requesting the removal of any such tree that has caused damage to the Sidewalk, and provide a minimum of 30 days from the Board’s notification to remove the tree. The Board’s notice pursuant to this subsection shall be given by posting a notice in a conspicuous place on the Lot, and by mailing the notice to the owner of the Lot, at the last known address as indicated on the last equalized assessment rolls.
(e) Sidewalk Repair Warranty Period. Except as provided herein, the Sidewalk Repair Warranty Period shall be 20 years for Residential Property and five years for Commercial and Industrial Property commencing on the date the Board issues a Certificate of Sidewalk Compliance to the owner of the Lot. The Sidewalk Repair Warranty shall only apply to Sidewalk repairs performed by the Board. The Sidewalk Repair Warranty shall be deemed waived by the Lot owner if the Board grants the owner’s request to keep any tree that the City otherwise would remove to protect the Sidewalk from ongoing or future damage or to divert the Sidewalk onto the Lot in order to avoid a tree. If the Board grants a request to divert a Sidewalk onto a Lot to save a tree, all City easement dedication and filing fees shall be waived. The Sidewalk Repair Warranty Period shall expire in advance of the warranty period upon any subsequent repair performed by the Board or its designee.
(f) Cap on City Cost to Repair a Sidewalk. Whenever the Board repairs a Sidewalk, including during the applicable Sidewalk Repair Warranty Period, the maximum repair cost to be incurred by the City shall be $20,000 per Lot, adjusted annually in accordance with the Consumer Price Index. Prior to the commencement of any repair of a Sidewalk, including during the applicable Sidewalk Repair Warranty Period, if the Board estimates that the cost of repair exceeds the limit of this subsection, then the Board shall be authorized to issue a Notice of Non- Compliance and Order to Repair to the owner of the Lot in accordance with the provisions of Subsection (c) of this section. Any Notice of Non-Compliance and Order to Repair issued pursuant to this subsection shall also include the Board’s estimated cost of repair and a statement that the City will reimburse the owner for the actual costs of the repair, up to the amount set forth in this subsection, upon the completion and inspection of the repair required in the Notice of Non-Compliance and Order to Repair. If the Board performs any of the work required by the Notice of Non-Compliance and Order to Repair pursuant to Subsection (c)(3) of this section, any actual repair cost in excess of the amount set forth in this subsection shall be recorded as a lien on the Lot.
(g) Authorization for Sidewalk Repair Incentive Program. The Board is authorized to administer a Sidewalk Repair Incentive Program to reimburse, in part, an owner of a Lot who voluntarily undertakes Sidewalk repair work subject to available funding allocated by the City Council for each fiscal year. Funds for the Sidewalk Repair Incentive Program shall be held in the Sidewalk and Curb Repair Fund. The qualifications for participation in the Sidewalk Repair Incentive Program shall be determined by the Board. The Board also shall set the applicable reimbursement rates for Residential and Commercial and Industrial Property and all other conditions for reimbursement. All applicable permit requirements under this Code shall apply to any Lot owner participating in the Sidewalk Repair Incentive Program. Any dispute regarding the eligibility of an owner to participate in the Sidewalk Repair Incentive Program, the reimbursement rate, or any condition imposed for reimbursement, shall be appealable to the Board, and the Board shall resolve the matter. The determination by the Board on appeal shall be final.
(Added by Ord. No. 187,106, Eff. 8/2/21.)
(a) Definitions. The definitions provided in Section 62.00 of this Code, along with the definitions contained in this subsection, shall govern the construction, meaning, and application of words and phrases used in this section.
(1) “Board” shall mean the Board of Public Works or its designee.
(2) “CEQA” shall mean the California Environmental Quality Act, Public Resources Code Section 21000, et seq.
(3) “City” shall mean the City of Los Angeles.
(4) “City Engineer” shall mean the City Engineer or the City Engineer’s designee.
(5) “Qualifying Sidewalk Repair Project” shall mean a Sidewalk Repair Program Project that meets all of the following requirements, as determined by the City Engineer:
(A) Construction work on the project can be completed in less than 31 non-consecutive construction days;
(B) Excavation for the project will not exceed a depth of 30 feet;
(C) The project will not cause a substantial adverse change to a known historic, tribal cultural, unique archaeological, or unique paleontological resource, as defined in CEQA or its implementing regulations at Title 14, Division 6, Chapter 3, Section 15000, et seq., of the California Code of Regulations; and
(D) The project will not require the removal of more than two trees.
(6) “Sidewalk Repair Program” shall mean a City program, administered by the City Engineer, to streamline the implementation of the sidewalk repairs eligible for credit under the Willits Settlement.
(7) “Sidewalk Repair Program Project” shall mean a project to repair or reconstruct a sidewalk that is eligible for credit under the Willits Settlement.
(8) “Sidewalk Repair Program Mandatory Project Features Policy” shall mean the set of required project features, adopted by the Board, for Sidewalk Repair Program Projects.
(9) “Sidewalk Repair Program Street Tree Policy” shall mean the street tree policy for Sidewalk Repair Program Projects, adopted by the Board, for Sidewalk Repair Program Projects.
(10) “Sidewalk Repair Incentive Program” shall mean the limited reimbursement incentive program, defined in LAMC Section 62.104(a).
(11) “Willits Settlement” shall mean the settlement agreement entered into by the City in the matter of Mark Willits, et al. v. City of Los Angeles (United States District Court Case No. CV10-05782 CBM (RZX)) and approved by the City Council on April 1, 2015.
(b) Notwithstanding any other provision of this Code or any other City ordinance to the contrary (except for the City of Los Angeles Cultural Heritage Ordinance, City of Los Angeles Administrative Code Section 22.171, et seq.), a Sidewalk Repair Project undertaken by the City or by a participant in the Sidewalk Repair Incentive Program may be approved consistent with the following:
(1) A Qualifying Sidewalk Repair Project may be approved by the City Engineer and the approval shall be ministerial under CEQA.
(2) A non-Qualifying Sidewalk Repair Project that requires the removal of no more than two trees may be approved by the City Engineer and the approval shall be discretionary under CEQA.
(3) A non-Qualifying Sidewalk Repair Project that requires the removal of three or more trees may be approved by the Board and the approval shall be discretionary under CEQA.
(c) For all Sidewalk Repair Program Projects undertaken by the City or by a participant in the Sidewalk Repair Incentive Program that are approved pursuant to this Section, approval shall be conditioned upon compliance with the Sidewalk Repair Program Mandatory Project Features Policy and with the Sidewalk Repair Program Street Tree Policy.
(d) The Board shall adopt a Sidewalk Repair Program Street Tree Policy that shall set forth the City policy for the retention, removal, and replacement of trees potentially impacted by Sidewalk Repair Program Projects. The proposed Sidewalk Repair Program Street Tree Policy shall be submitted to the City Council for consideration and shall become final upon approval by the Council. Amendments to the Sidewalk Repair Program Street Tree Policy shall be subject to Council approval.
(e) The Board shall adopt a Sidewalk Repair Program Mandatory Project Features Policy that shall set forth specific requirements for Sidewalk Repair Program Projects. The proposed Sidewalk Repair Program Mandatory Project Features Policy shall be submitted to the City Council for consideration and shall become final upon approval by the Council. Amendments to the Sidewalk Repair Program Mandatory Project Features Policy shall be subject to City Council approval.
(a) No person shall lay, construct, reconstruct or repair in any street or in, over or through any property or right of way owned by or under the control of the City, any curb, sidewalk, gutter, driveway, approach, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling, or subject any sewer or storm drain to excessive live or dead loading without first obtaining written permit therefor from the Board and without first obtaining approval of plans and specifications and the lines and grades therefor from the City Engineer. (Amended by Ord. No. 115,316, Eff. 2/15/60.)
(b) Any person who desires to make any such improvement upon any private property not dedicated to a public use, may, in order to obtain the City Engineer’s approval of plans and specifications therefor, city inspection and supervision of the work and to assure that the improvement when completed will be to the satisfaction of the City Engineer and that the City Engineer’s acceptance thereof will be available if the improvement be later submitted for dedication to public use, apply for and obtain a permit therefor which shall, after such voluntary application, be treated in all respects as a permit required by law, except that the bond for the faithful performance of the work, provided for in Section 62.111, may be waived. All fees, and all deposits, provided for in the following sections must be demanded and received as in the case of permits required by law, and the City Engineer may impose such other conditions as may, in the City Engineer’s discretion, be required to assure that the work may be inspected and supervised without cost or expense to the City, that the work will not cause loss or damage to the City or to the public, and that the improvements when completed, will be acceptable for public use if and when they shall be dedicated to or devoted to such use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
The inspection, supervision and other services rendered or undertaken by the City shall be consideration for any condition imposed upon the applicant and shall be withheld if the applicant refuse any such condition. Whenever any applicant hereunder shall post with the City Engineer a bond conditioned in all respects as provided in Section 62.111, and adequate in amount to comply therewith, such bond shall for all purposes be deemed a bond posted pursuant to that section. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
Nothing in this subsection shall be deemed to bind the City to accept such improvements for public use, however, if for any reason said improvements are not in a condition satisfactory to the City Engineer at the time they are offered for acceptance for public use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
(c) An applicant for a Class “B” Permit for a street improvement on an unimproved public right-of-way in a Hillside Area, as defined in Section 12.03 of this Code, is required to: (Added by Ord. No. 185,513, Eff. 6/4/18.)
(1) Mail (registered or certified) a notification of public roadway construction, using a form approved by the Bureau of Engineering, to all owners and occupants of properties within a 500-foot radius of the proposed street improvement, prior to the submission of the application for a Class “B” permit;
(2) Provide proof of mailing of the required notification to the Bureau of Engineering as part of the application for a Class “B” permit; and
(3) Mail (registered or certified) a second notification of public roadway construction, using a form approved by the Bureau of Engineering, to all owners and occupants of properties within a 500-foot radius of the proposed street improvement upon approval of the B-Permit plans by the Bureau of Engineering, and provide proof of mailing of the required notification to the Bureau of Engineering prior to the commencement of any construction activity under the Class “B” permit.
(Added by Ord. No. 115,316, Eff. 2/15/60.)
Except as provided in Section 62.105.4 of this article:
(a) No portion of a driveway shall be constructed between the prolonged intersecting property lines at any street or alley intersection, or between the points of curvature of any curb return having a radius of 20 feet or less.
(b) No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device, and no portion of any driveway shall be constructed within five feet of an existing lighting standard. The location of a driveway with respect to traffic signals, poles, sign posts or fire hydrants shall be in accordance with City Engineer’s standard plan of driveways.
(c) No driveway approach shall be permitted if the abutting lot does not permit sufficient accommodation for the vehicles using said approach to park without encroaching into or upon the adjacent sidewalks.
(d) No portion of a driveway approach, except side slopes, serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of said adjoining lot. For this purpose, the division between two lots shall be a line passing through the common lot corner at right angles to the curb line regardless of the direction of the side lot line.
(e) (Added by Ord. No. 162,096, Eff. 4/27/87.) If a lot in an RD1.5 or less restrictive zone has legal and physical access to both a standard street and a substandard street, then:
(1) no new driveway shall be constructed from that lot to a substandard street; and
(2) no existing driveway to a substandard street shall be enlarged in conjunction with a building permit for an intensification of use of the lot served by the enlarged driveway.
Ten days prior to the issuance of a Class “A” permit for a driveway onto a standard street from a lot which also has access to a substandard street, the City Engineer shall notify the Department of Transportation of the pending application for a permit.
For the purposes of this subsection: the City Engineer shall determine whether a street, is standard or substandard; and
“intensification of use” shall mean any development of a site which would increase the height, floor area, number of occupants, dwelling units, guest rooms, or required parking previously contained in an existing building or on the lot; and
“development” shall mean the construction of any building or structure, or the addition to or change of use of any land, building or structure.
(Added by Ord. No. 115,316, Eff. 2/15/60.)
(a) The minimum width of an apron shall be 10 feet in the A, RE, RS, R1, R2 and RW Zones, and 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones, measured along the existing or proposed curb line or, if neither exists, then measured as directed by the City Engineer. (Amended by Ord. No. 142,699, Eff. 1/22/72.)
(b) The maximum width of an apron shall be 18 feet, measured along the curb line, when serving a lot in the “A” or “R” Zones said 30 feet when serving a lot in the “C,” “M,” or “PB” Zones, as said zones are provided for by Article 2, Chapter I of this Code.
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