All sidewalks, curbs, and gutters within the corporate limits of the City of Blue Lake shall hereafter be constructed and maintained in accordance with the provisions of this chapter.
A. 
The dimensions and specifications of sidewalks, curbs, gutters, drop curbs, and entrance aprons in the City of Blue Lake are hereby adopted and approved as specifically set forth in this chapter.
B. 
All sidewalks, curbs, and gutters shall be constructed in accordance with and as shown on the standard construction drawings of the City of Blue Lake for curb, gutter, sidewalk and related improvements now or hereafter adopted. Deviations from the adopted standard construction drawings may be allowed provided that the deviation be prepared by a registered engineer and approved by the City Engineer.
C. 
The rules and regulations set forth in this chapter shall be enforced by the Director of Public Works. As used in this chapter, "Street Superintendent" means the Director of Public Works or his/her designee.
When any portion of a sidewalk is out of repair or pending reconstruction or in a condition to endanger persons or property or in a condition to interfere with the public convenience in the use of such sidewalk, the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair shall be responsible for inspecting and making repairs to such sidewalk and shall be directly liable to any pedestrian or other person injured by reason of such owner's or possessor's failure to so inspect and so repair the sidewalk, whether or not the Director of Public Works has given the notice to repair or replace provided for in Streets and Highways Code Section 5611.
A. 
In every case where a new main building or structure is to be constructed, or a residential second unit as defined in Section 17.24.270 is to be constructed, or when the construction of any additions, alterations, accessory buildings, or repairs increases the floor space of an existing main building or structure by 50% or more within any 12-month period, on a lot which is adjacent to a public street or highway, the owner of the lot shall construct, or have constructed, at the owner's expense, a sidewalk, curb, and gutter, all of which shall conform to the requirements of this chapter. As used in this subsection A, "construction" and "constructed" shall include placement of a manufactured home on an individual lot pursuant to Section 17.24.091.
B. 
If in the opinion of the Director of Public Works the construction of any sidewalk, curb, and gutter required by subsection A of this section creates a discrepancy between the grades of the street and gutter, the owner shall, at the owner's expense, provide for regrading and repaving of that portion of the street necessary to achieve street safety along the street frontage and as may be required at the discretion of the Director of Public Works, and subject to all inspection requirements specified herein.
C. 
The Building Official shall not issue a certificate of occupancy for any structure requiring an occupancy permit until the improvements required by subsections A and B of this section have been constructed, inspected, and accepted by the Director of Public Works, or deferral of such improvements has been approved by agreement with the City pursuant to Section 15.08.050 of this chapter. As an alternative, an applicant, at the applicant's election, may enter into a written improvement agreement in the form labeled Attachment No. 1 in Section 15.08.140 of this chapter, agreeing to construct the required improvements within a period of six months, or such other period of time as the Director of Public Works may determine, and depositing with the City Clerk a performance bond or cash in the full amount of the estimated cost of such improvements as determined by the Director of Public Works; when such agreement is executed and such deposit made, the Building Official shall not be precluded from issuing a certificate of occupancy by this subsection C. Prior to acceptance of such improvements by the City, applicant's contractor, or if there is none, applicant, shall certify in writing to the City that such improvements have been constructed in accordance with the provisions of this chapter.
A. 
Application for a permit to construct curb, gutter, sidewalk, or related improvements shall be in writing in a form prescribed by the Director of Public Works, and shall include a plot plan. The plot plan shall include the following information:
1. 
Name, address, and telephone number of applicant(s).
2. 
Street address of property to be improved.
3. 
Assessor's Parcel Number of property.
4. 
Lot frontage of property.
5. 
North arrow.
6. 
Existing improvements in same block or within 300 feet of property.
7. 
Name(s) and address(es) of record owner(s) of property.
8. 
Accurate location of existing/proposed structures and the distances to all existing property lines, rights-of-way, and roads.
9. 
Proposed building/structure and related improvements, layout on lot, and on adjoining properties.
10. 
Width and direction of surface flow of all surface water.
11. 
Contour lines, existing elevations.
12. 
Location of proposed "street furniture," such as fire hydrants, poles for traffic signs, utility installations.
13. 
A drawing showing locations, plans, profile, and elevation of sidewalks, curbs, gutters, and related improvements.
The Director of Public Works may waive any of the foregoing plot plan requirements whenever he or she finds that the location or nature of the proposed improvements is such as not to necessitate compliance with these requirements or that other circumstances justify such waiver. The Director of Public Works may require such other information as he or she deems necessary. Such waiver or request for additional information shall be in writing.
B. 
For good cause the Director of Public Works may order variances to the dimensions, specifications, and accepted standard construction drawings of any sidewalk, curb, or gutter to be installed within the City of Blue Lake. Such variance shall be in writing and shall set forth the reasons for the variance.
C. 
Upon receipt of an application to construct sidewalks, curbs, gutters, and/or related improvements, the Director of Public Works shall perform a preliminary review, based upon the application, and a physical inspection of the site, to determine if for any obvious reason such construction should be deferred. The Director of Public Works shall consider whether the improvements are necessary, desirable, compatible with the surroundings, feasible, or whether they would create problems with drainage, road width, and other factors. The Director of Public Works may determine that construction of such improvements shall be deferred or that the sidewalk grade must be established to make a final determination.
D. 
If after preliminary review the Director of Public Works determines that the sidewalk grade must be established to make a final determination, the applicant shall have the sidewalk grade established in accordance with Section 15.08.050. The approved sidewalk grade shall be submitted to the Director of Public Works.
E. 
If the Director of Public Works determines that construction of all or part of the improvements required by Section 15.08.030 would be impractical because of the physical characteristics of the site, the location of the improvements, or a conflict with future improvements planned by the City, the Director of Public Works shall authorize execution of an agreement between the property owner(s) and the City deferring construction of such improvements until a specific date in the future or upon reasonable notice from the City. Such determination shall specify in what particulars deferral is authorized. Such deferral agreement shall be in a form approved by the City Council and shall contain a provision that such agreement shall cease to be effective unless the City gives notice to the property owner to construct such improvements within 20 years of the effective date of such agreement.
F. 
Prior to execution of a deferral agreement by the City, the applicant shall pay a deferral fee in the amount of $100.00, or such other amount as the City Council may set from time to time by resolution, which is the estimated actual cost to the City of the preliminary deferral determination and drafting, execution, and recordation of the deferral agreement. No deferral fee shall be required if the applicant has paid a sidewalk grade fee in accordance with Section 15.08.050. The payment of such deferral fee shall not relieve the property owner from the obligation to pay a sidewalk grade fee or such other fees as may be required at the time of actual construction of the improvements.
A. 
The design grades of the sidewalks, curbs, and gutters shall be established by the City Engineer.
B. 
Whenever an application for issuance of a permit for the construction of sidewalks, curbs, gutters, and related improvements is made or construction of such improvements is required by Section 15.08.030, a sidewalk grade fee shall be charged at such time as the Director of Public Works determines that the sidewalk grade must be established. The City Council finds that there is a reasonable relationship between the need for and use of the sidewalk grade fee and the construction of such improvements because such improvements must fit into overall City-wide drainage to function properly. The City Council also finds that there is a reasonable relationship between the amount of such fee and the estimated actual costs to City, as is more fully set forth in Attachment No. 2 in Section 15.08.140, which sets forth the basis for the computation of the amount of such fee. The fee shall be solely used to pay for the determination of sidewalk grades and drainage master planning. Annually the Director of Public Works shall review the estimated cost of drainage planning, and the continued need for such planning, and the reasonable relationship between such need and the impact of the various types of development pending or anticipated and for which such fee is charged. The Director of Public Works shall report his or her findings to the City Council at a noticed public hearing and recommend any adjustments to this fee or action as may be needed. Notice of the hearing shall be given pursuant to Government Code Section 65090. The amount of such fee may be amended from time to time by resolution of the City Council.
C. 
The sidewalk grade fee to be paid by each applicant for the design grades of sidewalks, curbs, gutters, and related improvements in the City of Blue Lake shall be as follows:
1. 
Each applicant for a permit for the construction of such improvements in the City of Blue Lake required to be installed pursuant to City ordinance, state law, as a condition of a use permit, variance, subdivision, or otherwise, shall pay a fee as follows:
a. 
If the applicant elects to have the sidewalk grade field data provided by the City Engineer, such applicant shall pay to the City a fee of $1,800.00 per lot, or such other amount as may be set from time to time by resolution of the City Council.
b. 
If the applicant elects to have a registered engineer other than the City Engineer provide the sidewalk grade field data, such applicant shall pay to the City a fee of $500.00 per lot, or such other amount as may be set from time to time by resolution of the City Council, to offset the estimated actual cost of providing the scope of field data needed and review of said data by the City Engineer in order to set the sidewalk grade. The City Engineer may require additional data from applicant's engineer if necessary to determine the sidewalk design grade.
2. 
Each applicant for a permit for the construction of such improvements in the City of Blue Lake when construction is voluntary and not required by paragraph 1 of this subsection shall pay a fee of $100.00 per lot, or such other amount as may be set from time to time by resolution of the City Council; provided, however, that if within a period of five years following such payment applicant or his/her successor in interest shall develop the lot in a manner which would have required the payment of the fees set forth in said paragraph 1, then the fees set forth in paragraph 1, less a credit for the amount actually paid, shall become immediately due and payable and no permit or certificate of occupancy shall issue until such fees have been paid.
D. 
Whenever sidewalk grades have been established and accepted by the City pursuant to Title 16, Subdivisions, as amended, no additional sidewalk grade fee shall be required pursuant to this chapter.
E. 
Except as provided in paragraph 2 of subsection C of this section, the City shall not collect a sidewalk grade fee more than one time for any section of sidewalk, curb, and gutter, and related improvements. If a design grade fee for any such section has once been paid, it will not have to be paid the second time even if construction is postponed.
All decisions of the Director of Public Works, City Engineer, Building Department, or other City agency, department, officer or employee (except those of the City Council) which interpret, vary, or enforce the rules and regulations set forth in this chapter, shall be in writing and filed with the City Clerk. Such decisions shall be final 10 days following filing with the City Clerk unless an appeal to the City Council is filed within that time. Appeals shall be filed, heard, considered, and decided following the procedures set forth in Section 17.28.050. The City Council may by resolution set an appeal fee, but unless and until the City Council does so, no appeal fee shall be charged.
All sidewalks, curbs, and gutters shall be constructed of Portland cement concrete and conform to the following specifications:
A. 
Materials. Portland cement concrete shall be composed of Portland cement, fine aggregate, coarse aggregate, and water, so proportioned and mixed as to produce a plastic, workable mixture.
1. 
Unless otherwise specified or required, the following is the strength requirement and maximum size of aggregate for Portland cement concrete sidewalks:
Strength 28 Days
Maximum Size of Aggregate
3,000 lbs.
1 1/2 inches per sq. in.
2. 
A cubic foot of cement shall be considered as weighing 94 pounds and shall conform to the requirements of the standard specifications for Portland cement of the American Society for Testing Materials.
3. 
The strength is defined as the average of compressive strength at 28 days, as determined by breaking of any three consecutive standard six-inch diameter by 12 inches height test specimens. All measurements, testing, and processing shall be done in accordance with the current Caltrans Standard Specifications.
4. 
The water used in mixing the concrete shall be clean, free from oil, acid, alkali or vegetable matter.
B. 
Subgrade. The subgrade shall be free from all grass, roots, wood or other material subject to decay, and shall be constructed true to grade and cross-section at least four inches below the finished grade at all points throughout the sidewalk width. It shall be thoroughly watered and rolled or hand tamped until hard and solid before placing the concrete. All soft or spongy soil within the sidewalk, curb, or gutter area shall be removed to a depth of six inches below subgrade elevation, the resulting space filled with sand or gravel and compacted until a firm and solid foundation is secured. The sand or gravel shall be fully contained beneath the concrete by a positive barrier. It shall not be allowed to erode or fall away from beneath the concrete at the completion of the work.
C. 
Forms.
1. 
Wood forms for Portland cement sidewalks, curbs, and gutters shall be standard form material with a true upper edge and a width equal to the full depth of the finished sidewalk, curb, and gutter.
2. 
All forms shall be properly braced by stakes.
3. 
Immediately after removing the front curb forms, all holes, rock pockets, and depressions shall be cleaned and filled with cement mortar, care being exercised to obtain a bond with the concrete and to obtain the same color as the surrounding concrete. All fins and other projections shall be removed.
D. 
Curb Radius.
1. 
The curb returns at all right-angled intersection of streets shall have a radius of 10 feet, and the curb return at all right-angled intersections of streets and alleys shall have a radius of five feet.
2. 
All curb returns where the intersection angle is other than a right angle shall be shown on the plot plan required by Section 15.08.040(A) and approved by the City Engineer.
E. 
Construction.
1. 
All Portland cement concrete sidewalks shall be not less than four inches thick. After the concrete for sidewalks has been placed between the side forms it shall first be tamped with a heavy tamper until a layer of mortar has been brought to the surface. After the above tamping has been completed, the surface shall be floated to a true and even surface, troweled smooth, and finished with a fine hair push broom drawn over the surface transverse to the line of traffic. Whenever the grade exceeds 10%, the finished surface shall be floated to a true and even surface and finished with a coarse push broom drawn over the surface transverse to the line of traffic. If necessary, water shall be applied to the surface immediately in advance of brooming. All concrete surfaces shall be sprayed with a curing compound which meets the requirements of Caltrans Standard Specifications.
2. 
The surface of sidewalks shall be marked as shown on the standard construction drawings, the marking to be done with a tool which will leave the corners rounded. The finished surface shall be free from blemishes, and when a 10-foot straight edge is placed thereon, the surface shall not vary more than one-eighth inch from the edge except at grade changes.
3. 
Architectural surfaces shall be built only after approval by the Planning Commission pursuant to the site plan review process of Section 17.24.250.
F. 
Width. The width of the sidewalk shall be as shown in the standard construction drawings, unless otherwise designated by the Director of Public Works.
All curb entrances for driveways across any sidewalk shall be constructed according to and as shown on the accepted standard construction drawings, City of Blue Lake, for curb, gutter, and sidewalk and related improvements.
A. 
All concrete apron slabs shall have a minimum thickness of six inches.
B. 
All commercial drop entrances shall be reinforced with three-eighths inch deformed steel bars spaced on 12-inch centers and extending, on a line parallel to the line of the curb, from the center of the curb to three inches from the edge of the concrete on the inside of the sidewalk; and on twelve-inch centers at right angles to the line of the curb in the apron area and extending three feet on each side of the apron. Wire mesh may be used as reinforcement in place of the three-eighths inch deformed steel bar placed in the center of the curb and an additional bar placed two inches above the bottom of the curb.
When reinforced concrete entrance aprons are constructed, the curb shall be reinforced with one three-eighths-inch deformed steel bar placed in the center of the curb and two inches above the bottom of the curb.
C. 
No part of a drop curb driveway shall be constructed within eight feet of the property line (if extended) at street intersections. Driveways shall be confined within the limits of the frontage of the property. Driveways shall not be constructed within three feet of street light and traffic signal standards, poles, sign posts, fire hydrants or other appurtenances. Driveway approaches located at the curb return at alley intersections shall be constructed to conform to the alley intersection pavement, where the pavement is in place, and if the alley pavement is not in place, the approach shall be constructed to conform to the standard sidewalk.
D. 
Every person installing curbs, gutters, and/or sidewalks in the City of Blue Lake shall comply with all applicable rules and regulations of the law of the State of California, including those relating to the Contractor's Licensing Board.
Barriers, lights, signs for public traffic control, standard signs, and placement shall be in accordance with Caltrans Traffic Manual requirements. The Director of Public Works shall have the authority to direct the contractor to install such signs in accordance with the Caltrans Manual.
The following standard construction drawings, copies of which are attached hereto, are hereby adopted by and for the City of Blue Lake:
A. 
R-1 curb, gutter, and sidewalk detail.
B. 
R-2 driveway detail.
C. 
R-3 wheelchair ramp.
D. 
R-4 trench resurfacing.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punished by a fine of not more than $500.00, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
In addition to the penalties provided in Section 15.08.110, any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared to be a public nuisance and may be by the City summarily abated as such, and each and every day such conditions continue shall be regarded as a new and separate nuisance.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Blue Lake hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
[1]
Editor Note: The attachments are included at the end of this title.