[CC 1983 §91.010; Ord.
No. 22-23, 1-5-2023]
A. It
shall be the duty of every property owner to keep the sidewalks, and
driveways adjacent to his/her property and in the City of Hollister,
in good repair at all times and free from irregularities and offsets
in the surface thereof which may render the same unsafe for use. Sidewalks
and driveways that are constructed across or on public rights-of-way
and/or easements for the purpose of providing an access way to or
connecting an individual leased/owned tract to an improved road, street
or thoroughfare is the connecting property lease holder’s or
owner’s responsibility to keep in repair. Sidewalks or driveways
that cause damage to public infrastructure or create a public nuisance
or cause an unsafe condition on public property shall be found in
violation of this Section.
1. "Sidewalk" means that portion of a road, street or thoroughfare between
the curb lines or the lateral lines of a road, street or thoroughfare
and the adjacent property/right-of-way lines. Sidewalks are usually
paved for the intended use of pedestrians.
2. "Driveways" means those certain private gravel and/or paved access
ways that connect an improved road, street or thoroughfare to an individual
leased/owned tract or any improvements thereon; driveways also include
those shared or common access ways that serve more than one (1) property
owner or individual leased/owned tracts. Driveways are usually intended
for vehicle use.
[CC 1983 §91.020]
All sidewalks and, where streets are hard-surfaced construction,
all curbs and gutters and entrance driveways, constructed, reconstructed
or repaired in the City of Hollister shall be of concrete and conform
to the established grade of the street. All sidewalks shall be not
less than four (4) feet in width.
[CC 1983 §91.030; Ord. No. 09-29, 11-19-2009]
All work of constructing, reconstructing or repairing of sidewalks,
curbs and gutters and driveway entrances shall be done under the supervision
of the Public Works Supervisor.
[CC 1983 §91.040]
The Board of Aldermen may, by ordinance or resolution, condemn
defective sidewalks, order their removal and provide for the construction
of new sidewalks in the place of walks so condemned and removed as
provided in this Chapter.
[CC 1983 §91.050; Ord. No. 09-29, 11-19-2009]
No formality shall be required for the repairing or reconstruction
of sidewalks and making assessments therefore; but the Board of Aldermen,
without notice to property owner, may order the Public Works Supervisor
to cause such work to be done and the Public Works Supervisor shall
keep an account of the cost thereof and report the same to the Board
of Aldermen for assessment.
[CC 1983 §91.060; Ord. No. 07-35, 9-20-2007; Ord. No.
09-29, 11-19-2009]
When the Public Works Supervisor or other proper officer or
committee has made report to the Board of Aldermen of the cost of
the construction, reconstruction or repair of any streets, driveway
apron off the street to the edge of the right-of-way or sidewalks
in the City of Hollister under the provisions of this Chapter, the
Board of Aldermen, at its discretion, may levy said cost as a special
assessment against each lot and piece of ground abutting said street
or sidewalk and each lot and piece of ground shall be liable for its
part of the cost of the work done or made along or in front of such
lot or piece of ground as reported to the Board of Aldermen, and the
City Clerk shall issue separate tax bills thereof against each such
lot or piece of ground as reported to the Board of Aldermen for its
share of the cost.
[CC 1983 §91.070; Ord. No. 09-29, 11-19-2009]
Where a sidewalk has been condemned and is to be replaced with
a new walk, the Board of Aldermen, at its discretion, shall make a
contract for the construction of such sidewalk, including grading
therefore, with or without curbing, along the street, avenue or other
public highway or part thereof involved. Such contract shall be let
to the lowest and best bidder, upon plans and specifications filed
therefore by the Public Works Supervisor with the City Clerk with
not less than two (2) weeks advertisement for bids thereon being made
in some newspaper published in the City. Before the advertising for
bids, an estimate of the cost of the work shall be made by the Public
Works Supervisor and submitted to the Board of Aldermen, and no contract
shall be made for the work at a price exceeding such estimate and
the Board of Aldermen shall have the authority to refuse or accept
any and all bids.
[CC 1983 §91.080; Ord. No. 09-29, 11-19-2009]
When, on proper advertisement as herein provided, no bid is
received or no bid received is acceptable to the Board of Aldermen,
the Board may order the Public Works Supervisor to cause the work
to be done. In such case, the Public Works Supervisor shall keep an
accurate account of the amount expended for labor and materials, including
grading and filling, opposite each lot or piece of ground and present
such account to the Board of Aldermen for assessment as provided in
this Chapter.
[CC 1983 §91.090; Ord. No. 09-29, 11-19-2009]
It shall be the policy of the City of Hollister to repair all
sidewalks with the expense being borne by the property owner. The
property owner shall deposit one-half (½) of the estimated
cost of the project with the City Clerk prior to construction commencing.
The contractor is to perform the repair work and the cost of construction
shall be approved by the Board of Aldermen and the property owner
prior to work commencing.
[CC 1983 §94.010; Ord. No. 01-43, 9-6-2001; Ord. No.
09-29, 11-19-2009]
All culverts used in the construction of driveways or entryways
from public streets or alleys in the City to private property shall
be approved pipe of a diameter prescribed in writing by the Public
Works Supervisor of said City.
[CC 1983 §94.020; Ord. No. 01-43, 9-6-2001]
Any person or persons, firm, company or corporation desiring
to construct such driveway or entryway shall first apply in writing
for a permit. The cost of a driveway permit shall be fifteen dollars
($15.00).
[CC 1983 §94.030; Ord. No. 01-43, 9-6-2001; Ord. No.
09-29, 11-19-2009]
The construction of said driveway shall be under the supervision
of the Public Works Supervisor of said City. If said work is not completed
to the said satisfaction of the Public Works Supervisor, he/she shall
notify the owner of the property to which said driveway or entryway
is being constructed and shall state in writing his/her objections
thereto. In the event said owner does not cause said driveway or entryway
to be properly completed within ten (10) days from the receipt of
said notice, he/she shall be deemed to be in violation of this Chapter.
[CC 1983 §94.040]
Any person or persons, firm, company, or corporation violating
this Chapter shall be deemed guilty of a misdemeanor and upon conviction
shall in addition to the forfeiture above prescribed, be fined a sum
of not more than five hundred dollars ($500.00). Each day or portion
of days, during which such violation continues to exist, shall be
treated or deemed a separate and distinct violation and be prosecuted
as such.