[Ord. #98-03, § 1]
As used in this chapter:
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.
Shall mean the City of Albany, a municipal corporation of
the State of California.
Shall mean the Public Utilities Commission of the State of
California.
Shall mean the City Council of the City of Albany.
Shall mean the Director of Community Development and Environmental
Resources, or his/her designee.
Shall mean any newsrack which is not a 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.
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.
Shall mean regulations which contain permit procedures, design
specifications for newsracks, standards for design, maintenance.
Shall mean and include the legal owner of real property fronting
on any street of the City; and lessee of such owner.
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.
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.
Shall mean any portion of a street between the curbline and
the adjacent property line, intended for the use of pedestrians.
Shall mean any tree located within the right-of-way of a
public street.
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.
Shall mean any newsrack privately maintained in the public
right-of-way for a trial period of up to forty-five (45) days.
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.[1]
[1]
Editor's Note: Pursuant to Section 2 of Ordinance No. 98-05,
this subsection shall apply to all actions in which the initial trial
has not commenced prior to July 1, 1998.
[Ord. #98-03, § 1]
a.
Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collection of assessments for the cost and expense of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this Part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State of California and provisions of the Albany Municipal Code, the provisions of the Albany Municipal Code shall control.
b.
The owners of lots or portions of lots adjacent to or fronting on
any portion of a sidewalk area between the property line of the lots
and the street line, including parking strips, sidewalks, curbs and
gutters, and persons in possession of such lots by virtue of any permit
or right shall repair and maintain such sidewalk areas and pay the
costs and/or expenses therefor, including a charge for the City of
Albany's costs of inspection and administration whenever the City
awards a contract for such maintenance and repair and including the
costs of collection of assessments for the costs of maintenance and
repair under paragraph a of this subsection or handling of any lien
placed on the property due to failure of the property owner to promptly
pay such assessments.
c.
For the purposes of this section, maintenance and repair of sidewalk
area shall include, but not be limited to, maintenance and repair
of surfaces including grinding, removal and replacement of sidewalks,
repair and maintenance of curb and gutters, removal and filling or
replacement of parking strips, removal of weeds and/or debris, tree
root pruning and installing root barriers, trimming shrubs and/or
ground cover and trimming shrubs within the area between the property
line of the adjacent property and the street pavement line, including
parking strips and curbs, so that the sidewalk area will remain in
a condition that is not dangerous to property or to persons using
the sidewalk in a reasonable manner and will be in a condition which
will not interfere with the public convenience in the use of said
sidewalk area. No maintenance shall be performed on any sidewalk,
curb, or gutter without first obtaining an encroachment permit from
the City.
d.
Notwithstanding the provisions of the State of California Streets
and Highway Code or any subsequent amendments thereof, the Director
may in his or her discretion, and for sufficient cause, extend the
period within which required maintenance and repair of sidewalk areas
must commence by a period of not to exceed seventy-four (74) days
from the time of any repair notice previously issued.
[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.
[1]
Editor's Note: Pursuant to Section 2 of Ordinance No. 98-05,
this subsection shall apply to all actions in which the initial trial
has not commenced prior to July 1, 1998.
[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.
