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HomeMy WebLinkAboutMC-439 - '" , I ORDINANCE NO. HC-439 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR IMPROVEMENT OF ABANDONED DRIVEWAYS BY ADOPTION, WITH MODIFICATIONS, OF CHAPTERS 22, 24, AND 27 OF THE IMPROVEMENT ACT OF 1911 CONTAINED IN DIVISION 7, STREETS AND HIGHWAYS CODE, RELATING TO MAINTENANCE, AND CONSTRUCTION OF SIDEWALKS, GUTTERS, PAVEMENTS, DRIVEWAYS, CURBS, DRAINAGE AND WATER FACILITIES, AND PARKWAY TREES. 3 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 DO ORDAIN AS FOLLOWS: 8 SECTION 1. Chapter 12.92 is added to the San Bernardino 9 Municipal Code to read: 10 "12.92.010 Adoption of state statutes. II Those certain statutes regulating the maintenance of 12 sidewalks and the construction of sidewalks and curbs found in 13 Chapters 22, 24 and 27 of Division 7 of the Streets and Highways 14 Code, which is titled "The Improvement Act of 1911," are hereby 15 adopted as laws governing the City of San Bernardino, and such statutes shall take effect and may be enforced within the City, except as set forth in this chapter. 12.92.020 Scope of chapter and definitions. A. In addition to the scope of chapter set forth in Section 16 17 18 19 20 5871 of the Streets and Highways Code, this chapter shall apply 21 to the construction, reconstruction or removal of driveways, 22 curbs, sidewalks, gutters, pavements, parkways, drainage and 23 water facilities, parkway trees, and other necessary works in any 24 block where an existing driveway no longer serves any development 25 on a lot or property. Notwithstanding the provisions of Section 26 5871 of the Streets and Highways Code, this chapter shall apply 27 to driveway construction, reconstruction, or removal and curb 28 infill in front of a vacant lot or in front of an unimproved property. MC-439 -. - . --.. 1 B. The term "Superintendent of Streets" when used in state 2 statutes hereby adopted shall mean the Director of Public 3 Works/City Engineer of the City of San Bernardino or his 4 designee. 12.92.030 Reconstruction or removal of driveways and 6 appurtenant areas. 5 7 When the Director of Public Works/City Engineer finds that 8 in any block there are driveways existing which no longer serve 9 any improvements on a lot or parcel of property, the Director of 10 Public Works/City Engineer may, upon the instructions of the 11 Mayor and Common Council, notify the owner or person in 12 possession of the property on which such driveway exists to 13 construct, reconstruct or remove as necessary to eliminate the 14 driveway and conform to street improvements in the remainder of 15 the block, sidewalks, parkways, curbs, and paving in front of his 16 property, pursuant to the procedure set forth in those statutes 17 adopted by this chapter." 18 I HEREBY CERTIFY that the foregoing ordinance was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at a reg"l rl r meeting thereof, held on the 21 7tl1 day of Mrlrrh , 1985, by the following vote, to 22 wi t: 23 AYES: Council Members Castaneda, Reilly, Hernandez, 24 Marks, Quiel, Frazier, Strickler 25 NAYS: l:'Jone 26 27 ABSENT: None 28 /" ~. ;'<?.<' '7'/>.2' -,-;.~.(.'../ /:: ..',..~:.I... / e;"'/ . CITY CLERK -2- MC-439 .... .. 2 day The foregoing ordinance is 8th of Harch , 1985. 3 4 5 I Approved as to form: 6 .r-J' /1 //~/ '# 'JI~' c ,:/< ~ . L/ /_. /f""p'","' CitY/Attorney II II II 11 , I I 7 8 9 10 II 12 13 14 15 16 17 18 19 I. 20 Ii 21 I I 22 II 23 II II I' iI 24 II I' 25 I I 26 I I 27 I I 28 i, -3- J