[CC 1961 §17.03; Ord. No. 81, 7-10-1940]
No street construction shall commence until the grade of such street or alley has been established by ordinance whenever this becomes necessary. The cost of establishing the grade of such street or alley shall be borne by the person or persons proposing to construct or reconstruct the street or alley, and shall be charged against the amount deposited. In the event such deposit shall be depleted, additional funds shall be deposited as the Director of Public Works may direct.
[CC 1961 §17.04; Ord. No. 81, 7-10-1940]
No such street construction work shall be done without first obtaining authority from the Council and a permit authorizing the same from the Director of Public Works.
[CC 1961 §17.05; Ord. No. 81, 7-10-1940]
Applications for permits for street construction work shall be made in writing, addressed to the Council. All applications shall state clearly and fully the work to be done, and shall be signed by the owner or his/her agent. The plans and specifications for the proposed work shall accompany the application, and be first approved by the Director of Public Works.
[CC 1961 §17.06; Ord. No. 81, 7-10-1940]
If the work upon any street is conducted in violation of the provisions of this Chapter, it shall be the duty of the Director of Public Works to revoke the permit for such work and at once report same to the Council. Before a permit is reinstated or reissued by the Council, all work for which the permit was issued must be placed in a condition corresponding with the requirements of this Chapter. No permit shall be of any force or effect after the expiration of one (1) year from the date of its issuance.
[CC 1961 §17.07; Ord. No. 398, 3-5-1952]
All streets installed after March 5, 1952, within the City shall be constructed of Portland cement concrete in accordance with the City of Berkeley standard specifications as prescribed by the Director of Public Works, with the approval of the Council. The minimum width of streets in old established residential areas where platted widths will not permit the construction of a standard subdivision street shall be twenty (20) feet. All other streets shall have a minimum width of twenty-six (26) feet. All arterial streets so designated by the Council shall have a minimum width of thirty-two (32) feet.
[CC 1961 §17.08; Ord. No. 81, 7-10-1940]
Upon completion of any street construction work undertaken under permit, the Director of Public Works shall check all such work, and if found to comply with the plans and specifications under permit for the work and all the ordinances of the City, he/she shall make a full and complete report to the Council, together with a statement of all inspection fees and any contingent expenses in connection with the work. If the City has no claim against the work, he/she shall notify the Director of Finance in writing of such fact, claiming such inspection fees as he/she may be entitled to, and the Director of Finance shall, after paying such inspection fees, pay and release to such owner any balance in his/her deposit.
[CC 1961 §17.09; Ord. No. 1066, 9-15-1958]
It shall be the duty of every owner of real estate to keep the sidewalks, curbs, and gutters and driveway entrances adjacent to his/her property and in the City in good repair at all times, and free from irregularities and offsets in the surface thereof which may render the same unsafe for use.
[CC 1961 §17.10; Ord. No. 1066, 9-15-1958]
All sidewalks, entrances to driveways, curbs and gutters shall be constructed, reconstructed, and repaired of the materials as specified herein. Sidewalks shall be not less than four (4) feet in width.
[CC 1961 §17.11; Ord. No. 1066, 9-15-1958]
All work of constructing, reconstructing, or repair of sidewalks, curbs, and gutters, and driveway entrances shall be done under the supervision of the Director of Public Works.
[CC 1961 §17.12; Ord. No. 1066, 9-15-1958]
No person shall do the work of constructing, reconstructing, or repairing of any sidewalk, curb, gutter, or driveway entrance in the City without first having obtained a contractor's license to do so. The license shall be issued by the Department of Public Works on payment of a fee of two dollars fifty cents ($2.50), and shall be good during the calendar year for which issued, subject to revocation by the Director of Public Works for failure to observe any provisions of this Chapter relating to the construction, reconstruction, or repair of sidewalks, curbs, gutters, and driveway entrances. At the time of obtaining such license, the contractor shall give bond to the City of Berkeley in the sum determined by the Director of Public Works. The bond shall be approved by the City Attorney and be conditioned that the contractor will comply with the ordinances of the City relating to sidewalks, will maintain warning signs and protection while work is in progress, will hold the City and property owners harmless from all claims, demands, and actions against it or them arising out of the work, will replace any faulty work, and will remove all debris and clean up after the work is completed. The Director of Public Works shall keep a record of licenses issued hereunder in a permanent book, and shall pay over license fees to the Director of Finance when received.
[CC 1961 §17.13; Ord. No. 1066, 9-15-1958]
The Council may, by ordinance or resolution, condemn defective sidewalks, order their removal, and provide for the construction of new sidewalks in the place of those so condemned and removed.
[CC 1961 §17.14; Ord. No. 1066, 9-15-1958; Ord. No. 4401, 8-21-2017]
Sidewalk Evaluation. A sidewalk shall be considered defective when exhibiting one (1) or more of the following characteristics:
Additional defects such as, severe scaling, wide horizontal cracks, missing concrete or brick, utility valves, etc., can cause a condition which may be unsafe. These conditions are not necessarily quantifiable and, as such, will be handled in the best judgment of the Director of Public Works or designee.
[CC 1961 §17.15; Ord. No. 1066, 9-15-1958]
When the Director of Public Works or other proper officer has reported to the Council of the cost of the repair of any sidewalk or sidewalks in the City of Berkeley under the provisions of this Chapter, the Council in its discretion may levy said cost as a special assessment against each lot and piece of ground abutting said sidewalk, and each such 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 Council, and the Council shall issue separate tax bills therefor against each such lot or piece of ground as reported to the Council for its share of the cost.
[CC 1961 §17.16; Ord. No. 2239 §1, 11-7-1977]
Sidewalks shall be constructed with a minimum of four (4) inch monolithic air-entrained three thousand (3,000) pound concrete slab, and a minimum of six (6) inches thick at alley crossings and driveways. At the discretion of the City Engineer, a granular base may be required. Where the earth adjoining the sidewalks on the street side, when finished, is higher than the sidewalks, it shall be sloped to curb line. If at any place a fill is necessary it shall be properly compacted before the sidewalk is laid. The base shall be carefully spread, and if dry wetted by sprinkling. It must be made compact by ramming hard. The surface of the walk shall be finished with a wooden float bringing about a uniform surface. There shall be a pitch of one-fourth (¼) inch to the foot toward the curb from the inside line of the walk. The concrete must be laid between strong, straight forms and must be divided into sections not more than six (6) feet long, and expansion joints shall be of approved material. The finished work must be carefully protected and barricaded so as to prevent damage to the newly constructed work, and so to prevent damage or injury from frost, heat, rain and children.
Any new sidewalks, curbs or gutters which are hereinafter constructed and all existing sidewalks, curbs and gutters which are reconstructed shall be so constructed or reconstructed by providing a wheelchair ramp at each crosswalk and the said ramp shall be blended into the sidewalks, curbs and gutters so that the sidewalk and street blend to a common level. Such ramp shall not be less than thirty-six (36) inches wide and shall not have a slope greater than one (1) inch rise per twelve (12) inches length (8 3/10%). Where because of surrounding buildings or other restrictions it is impossible to conform the slope with this requirement, the ramp shall contain a slope with as shallow a rise as possible under the circumstances, not to exceed ten percent (10%). In all ramps there shall be a gradual rounding at the bottom of the slope. Whenever conformance to these standards is impractical or physically impossible and where the method, materials and dimensions used in lieu thereof does not create a hazard, deviation from these standards may be permitted by the Council.
[CC 1961 §17.17; Ord. No. 1066, 9-15-1958]
For the purpose of building combination curbs and gutters, the earth shall be excavated to the proper width and depth. The gutter shall consist of a bed of concrete of a minimum of six (6) inches thick and air-entrained three thousand (3,000) pound concrete, all properly mixed and troweled to an even surface and brush finished. All blocks shall be eight (8) feet long and be parted by using one-quarter (¼) inch thick metal parting strips or templates of the shape and size of plan furnished by the Director of Public Works. After completion of curb and gutter, earth shall be filled in behind curb to height of same, leveling off earth between sidewalk and curb, so that there will be a gradual slope from the sidewalk to the top of the curb.
[CC 1961 §17.18; Ord. No. 3079 §1, 9-5-1989]
The tenants or occupants of all premises occupied by them and the owners or agents of vacant lots owned by them or under their control shall keep the sidewalks in front of and adjoining the property owned, controlled, or occupied by them swept and clear of paper, dirt, mud, filth, animal or vegetable matter, or any substance or article. After any fall of snow or sleet or formation of ice thereon, the owners, agents, occupants, or tenants shall cause the same to be immediately removed from the sidewalk fronting or adjoining the property owned, managed, or occupied by them. Where buildings are occupied by more than one (1) tenant, it shall be the duty of the person or persons occupying the tenement or tenements nearest the street to comply with the requirements of the Section.
No owner or resident of any property shall permit any vegetation, structure, material, or object to be so close to the sidewalk as to constitute a hazard for pedestrian traffic. All trees, bushes, or vegetation which overhang a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movement of pedestrians.
[CC 1961 §17.19; Ord. No. 1066, 9-15-1958]
It shall be unlawful for any person to cause or permit to be placed, thrown, or to leak or spill from a vehicle or otherwise upon the pavement or surface of any street, sidewalk, alley, or public place any liquid asphalt or substance, liquid, or material which might thereby be calculated to endanger, impede, or inconvenience the movement of vehicles or pedestrians, or render the surface of such street, sidewalk, alley, or public place rough or uneven.
[CC 1961 §17.20; Ord. No. 1066, 9-15-1958]
It shall be unlawful to place and display for sale upon any public sidewalk within the City any groceries, provisions, commodities, vegetables, fruit, produce, goods, wares, or merchandise.
[CC 1961 §17.22; Ord. No. 297, 5-5-1948]
No person shall willfully drive, haul, or cause to be driven or hauled, any wagon, truck, cart, or other heavy vehicle over, on, or across any curb, gutter, treeline or sidewalk, in any street, park, public place, plaza, or square in the City without having first protected such curb, gutter, treeline or sidewalk by bridging of planks or boards or in other suitable and sufficient manner.
[CC 1961 §17.23; Ord. No. 430, 9-3-1952; Ord. No. 1022, 10-21-1957; Ord. No. 1672 §1, 6-24-1968; Ord. No. 1697 §1, 10-21-1968]
It shall be unlawful for any person to make or cause to be made, or help, aid, or assist in making any excavation whatsoever in any public street, alley, or other public place, or in any public easement or right-of-way in the City without a permit therefor from the City, which cost shall be ten dollars ($10.00).
Application shall be made to and the permit issued by the Director of Public Works. Before such permit is issued, the applicant shall deposit with the City such sum of money as, in the judgment of the Director of Public Works will be sufficient to restore the street, alley, or other public thoroughfare, easement, or right-of-way to as good condition as it was before the excavation was made, and to pay all inspection fees incurred therein. The City shall retain out of the amount so deposited a sufficient sum to cover the cost of superintendence and inspection of the work authorized by such permit at the rate of four dollars ($4.00) per hour of actual time consumed in such superintendence and inspection, and the balance of such deposit, if any, shall be returned to the depositor. All backfills shall be made with a granular material, according to the specifications which may be prescribed by the City Engineer or other head of the Street Department.
Charitable, benevolent, religious, fraternal, and non-profit associations are exempt from payment of any excavation permit fee.
Any person engaged in making frequent excavations may, in lieu of a deposit as above required, file a bond with the City in the penal sum of two thousand dollars ($2,000.00), conditioned upon the restoration of the surface of any excavation made to its original condition as required by this Chapter. The deposit of such bond shall not, however, release the applicant from depositing a sufficient amount of money to pay for the superintendence and inspection of each excavation as set forth in this Section.
Whenever practicable where an excavation is made for any purpose in an improved street, it shall be made by tunneling, or in some other manner that will not disturb or destroy the surface of the street.
[CC 1961 §17.24; Ord. No. 430, 9-3-1952]
All excavations in or adjoining any public street, alley, or other public place shall be adequately protected so as to adequately protect the public, and red warning lights or torches shall be maintained about such excavation and kept lighted from sunset to sunrise. Whenever any person excavates the sidewalk or sidewalk space on any street or public thoroughfare, he/she shall place a strong and suitable foot bridge over such excavation in the line of such sidewalk at least five (5) feet wide and securely anchored on each end.
[CC 1961 §17.25; Ord. No. 1925 §1, 9-5-1972]
No person shall obstruct or endanger, or place, or permit anything to obstruct or endanger the free passage on or project use of any street, sidewalk, alley, or public building, or public place by the public, except as may be necessary while loading or unloading merchandise, materials or persons, or in the process of any construction work.
No owner or resident of any property shall permit any vegetation, structure, material, or object to be so close to the street line as to constitute a traffic hazard in obstructing the vision of an operator of a motor vehicle on a street or exiting from a driveway or in any operation of a motor vehicle.
[CC 1961 §17.26; Ord. No. 1881 §1, 2-22-1972]
Whenever any new subdivision of homes or any new development of multiple dwellings are constructed, all ingress to and egress from said subdivision or multiple dwellings shall be by publicly dedicated streets, all constructed as required by the ordinances of the City of Berkeley. No private streets for ingress to and egress from a subdivision or multiple dwellings shall be utilized and no subdivisions or multiple dwellings shall be constructed or occupied until ingress to and egress from said subdivisions or multiple dwellings are publicly dedicated and accepted.