HomeMy WebLinkAboutMC-854
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ORDINANCE NO.
MC-854
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN
BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 12.95 THERETO
PROVIDING PROCEDURES FOR CITY PARTICIPATION IN THE RECONSTRUCTION
OF SUBSTANDARD DRIVEWAY APPROACHES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The Mayor and Common council of the City of San Bernardino
do find and declare as follows:
1.
Many of the arterial and collector streets of the City
run through older neighborhoods.
These older neighborhoods were developed at a time when
driveways were allowed to be narrower than current standards
2.
provide.
3.
When travelling at the higher speeds allowed on the
arterial and collector streets of the City, residents
turning into these narrow driveways may tend to cause a
traffic problem.
4.
To alleviate these potential hazards the Mayor and
Common Council find that providing public assistance to
homeowners to upgrade their substandard driveways would be
in the public interest and would benefit all of the
residents of the City of San Bernardino.
5.
Such a participation program should only apply where
the replacement is needed from a traffic standpoint and
where the project would not face extraordinary conditions
not applicable to such driveways in general.
6.
This program is not inconsistent with that program
provided in San Bernardino Municipal Code Chapter 12.92.
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MC-854
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Section 2. Chapter 12.95 is hereby added to the San
Bernardino Municipal Code to read as follows:
12.95.010. Substandard Driveway Approaches: City
Participation.
Notwithstanding other provisions of this Code, the Streets
and Highways Code or any other provision of law, the City, at its
discretion, may contribute fifty percent (50%) of the cost
incurred for removal and reconstruction of substandard driveway
approaches as provided in this Chapter.
12.95.020. Eligible Projects.
Eligible projects for City participation of one-half the
cost shall be only those driveway approaches which exit onto
arterial or collector streets and which have been found by the
Director of Public Works to not be in accordance with the
Department of Public Works' Standard Drawing No. 203
12.95.030 Work Performed.
The work hereunder may be performed by a private contractor
engaged by the property owner or, by the City, at the discretion
of the Director of Public Works and following application to the
Public Works Department for participation in the program.
(a) An application for work to be performed may be
initiated by either the City or the property owner.
(b) Applications, outlining the work to be performed shall
be completed on forms to be provided by the Public Works
Department.
(c) The Director of Public Works, upon finding that an
application is consistent with the intent of this Chapter,
shall have an inspection made of the project; estimate the
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MC-854
cost of the work; and advise the property owner of the
dollar amount of the City's one-half contribution.
(d) If the Director of Public Works makes a determination
that the City shall perform the work, the property owner
shall deposit the sum determined pursuant to (c) above with
the Public Works Department, prior to the work being
performed. The Director of Public Works shall determine a
time frame for such payment and if the property owner shall
have not made such deposit, within such time frame then that
property shall be dropped from the project.
(e) If the Director of Public Works makes a determination
that the property owner may perform the work, then the
property owner or his/her private contractor must obtain a
no cost Public Works Construction permit. Following final
inspection and approval of the work by the City, and upon
the presentation of receipted bills or invoices, the
Director of Public Works shall authorize 50% of the actual
cost of the project, or the sum determined pursuant to (c)
above, whichever is less, to be paid to the property owner.
(f) The Director of Public Works may initiate the removal
and reconstruction hereunder by mailing a letter to the
property owner advising of the City's participation program
and enclosing an application form. In the event a property
owner fails to respond or declines to participate in the
program within 15 days after the date of the notice, all
proceedings will terminate.
(g) Any unforeseen necessary extra work which may arise
during such removal and reconstruction or caused by such
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MC-854
removal and reconstruction shall be shared equally by the
property owner and the City.
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MC-854
AN ORDINANCE.. .AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY
ADDING CHAPTER 12.95 THERETO PROVIDING PROCEDURES FOR CIT~
PARTICIPATION IN THE RECONSTRUCTION OF SUBSTANDARD DRIVEWAY
APPROACHES.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the 16th
regular
day of
, 1992, by the following vote, to wit:
November
Council Members:
NAYS
ABSENT
AYES
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
C~~ tu~
of November
I
The foregoing ordinance is
/7 ht.. day
, 1992.
, Mayor
Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~
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