[Ord. #98-03, § 1]
As used in this chapter:
ABANDONED NEWSRACK
Shall mean any newsrack which remains empty for ten (10)
business days, except that a newsrack remaining empty due to labor
strike or any temporary and extraordinary interruption of distribution
or publication by the newspaper or other publication sold or distributed
from that newsrack shall not be deemed abandoned.
CITY
Shall mean the City of Albany, a municipal corporation of
the State of California.
COMMISSION
Shall mean the Public Utilities Commission of the State of
California.
COUNCIL
Shall mean the City Council of the City of Albany.
DIRECTOR
Shall mean the Director of Community Development and Environmental
Resources, or his/her designee.
MODULAR NEWSRACK
Shall mean an assembly which is of a type, design or model
approved by the Director of Community Development and Environmental
Resources or his/her designee and which contains one (1) or more self-service
or coin-operated boxes, containers, storage units or other dispensers
installed, used or maintained for the display and sale or the distribution
without charge of newspapers, news periodicals or other news publications,
and which is attached to the sidewalk, street or public right-of-way
in accordance with this section.
NEWSRACK
Shall mean any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for
the display and sale or distribution without charge of newspapers,
periodicals or other publications.
NEWSRACK SPECIFICATIONS
Shall mean regulations which contain permit procedures, design
specifications for newsracks, standards for design, maintenance.
OWNER
Shall mean and include the legal owner of real property fronting
on any street of the City; and lessee of such owner.
POLES AND OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES
Shall mean poles, towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attachments and appurtenances
located above ground upon, along, across or over the public streets,
alleys and ways of the City and used or useful in supplying electric,
communication or similar or associated service.
PUBLIC PROPERTY
Shall mean any land in which the City exercises the right
of ownership, land dedicated to public use, easements or rights-of-way
in favor of the City, land under the dominion and the control of the
City for the use and benefit of the public and all other real property
that is not private property.
SIDEWALK
Shall mean any portion of a street between the curbline and
the adjacent property line, intended for the use of pedestrians.
STREET TREE
Shall mean any tree located within the right-of-way of a
public street.
STRUCTURE
Shall mean that which is built or constructed, an edifice
or building of any kind or any piece of work artificially built up
or composed of parts joined together in some definite manner, including
walls, steps, garages and fences. For purposes of Section 14-2 only,
"structure" shall include hedges, but not sidewalks, driveways or
private sanitary sewer or storm drains.
TEMPORARY NEWSRACK
Shall mean any newsrack privately maintained in the public
right-of-way for a trial period of up to forty-five (45) days.
UTILITY
Shall mean and include all persons or entities supplying
gas, water, electric, communication, or similar or associated service
by means of materials or devices.
[Ord. #98-03, § 1]
It shall be unlawful for any person to deface, mar, or destroy
in any manner any street, sidewalk, curb or gutter or any other public
property. It shall further be unlawful for any person to deposit any
material in a street gutter except as allowed by an encroachment permit
issued pursuant to this section.
[Ord. #98-03, § 1]
No person shall cause to be placed or place upon any public
street, sidewalk or way anything which shall obstruct or prevent the
use of such streets or sidewalk for travel by the public, or which
shall be hazardous to users of such public street, sidewalk or way,
or which shall menace the health of users of such public street, sidewalk
or way.
[Ord. #98-03, § 1]
Property owner maintenance responsibility and duty to public.
a. The owner of a lot fronting on or adjacent to any portion of a street
shall cause to have maintained any trees, shrubs, hedges or other
landscaping along said street or within the street right-of-way adjacent
to his or her property in such non-dangerous condition that the trees,
shrubs, hedges or other landscaping will not interfere with the public
convenience or safety in the use of the streets and sidewalks. No
maintenance to any tree within the public right-of-way may be performed
without first obtaining an encroachment permit from the City.
b. For purposes of this section, maintenance of trees includes but is
not limited to: root and/or branch pruning, installing root barriers,
fertilizing, pest control, and removal of branches, and leaves.
c. Property owners required by this section to maintain trees, shrubs,
hedges and other landscaping shall owe a duty to members of the public
using public streets and sidewalks to maintain such trees, shrubs,
hedges or other landscaping in a safe and non-dangerous condition
for users of the public streets and sidewalks
d. If any property owner fails to maintain any adjacent trees, shrubs,
hedges or other landscaping in a non-dangerous condition as required
by this section, and any person suffers damage or injury to person
or property, the property owner shall be liable for all damages or
injuries caused by the failure of the owner to maintain these areas.
[Ord. #98-03, § 1]
The property owner required by this chapter, and in particular subsection
14-1.5, to maintain and repair the sidewalk area, shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by this chapter, and in particular subsection
14-1.5, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
[Ord. #2018-01; amended 5-3-2021 by Ord. No. 2021-08]
a. General. Under Section 5610 of the California
Streets and Highways Code and Section
14-1.5 of this Code, property owners and persons in possession of property are required to repair and maintain adjacent public sidewalks.
1. Sidewalk Compliance Certificate. The City Engineer or designee is
authorized to issue Sidewalk Compliance Certificates to property owners
responsible for adjacent public sidewalks. Certificates shall be issued
upon a determination that the condition of the sidewalk at the time
of the application complies with adopted standards.
3. Construction and Remodeling. Whenever a property owner applies for
a building permit pursuant to the
California Building Standards Code
with a valuation that exceeds the dollar amount specified in a resolution
adopted by the City Council, the property owner shall apply for a
Sidewalk Compliance Certificate. Construction of required repairs
to the public sidewalk must be completed prior to final approval of
associated building construction.
c. Exemption Certificates. A Property Owner may request an Exemption
Certificate from the City Engineer or designee.
d. Common Interest Developments. Property owners within Common Interest
Developments must obtain a Sidewalk Compliance Certificate.
e. Hardship or Infeasibility Exemption. A Property Owner who believes
that circumstances exist that make it a hardship or infeasible to
meet the requirements of this section, may apply for an exemption
or reduction in requirements. In applying for an exemption, the burden
is on the property owner to show hardship or infeasibility. The City
Engineer shall review the information supplied by the property owner,
and may request additional information from the property owner. The
City Engineer shall make a recommendation to the City Manager or designee
who shall have authority to make the final determination. If the City
Manager or designee determines that it is a hardship or infeasible
for the applicant to meet fully the requirements of this chapter based
on the information provided, the City Manager or designee shall require
the maximum feasible repair.
f. Fees. The City may establish fees for administration of this section.
The Property Owner shall be responsible for paying any fees established
by resolution of the City Council at the time of receipt of an application
for a Sidewalk Compliance Certificate.
g. Enforcement. Any violation of any provision of this section shall
be deemed a public nuisance and a misdemeanor, but may be cited and
prosecuted, in the discretion of the enforcing officer, as an infraction,
and shall be punishable as set forth in Chapter 1.20 of this Code.