SECTIONS 6780-6794 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 6780-6794

6780. Whenever any railroad track of any description exists upon
any street which has been paved, macadamized, graveled, capped, or
oiled either for the whole, or any portion of, the width of the
roadway thereof along or near the line of the railroad track, and the
roadbed thereof has not been improved similarly in all respects to
and with the same materials as the street along the line of the
track; or where any portion of the roadbed, whether so improved or
not is out of repair or is not on the official grade of the street or
has small hummocks or ridges or loose rock upon or along the roadbed
or the materials composing the roadbed next to the rails of the
track are not flush with the top of the rails or the sides thereof,
the legislative body may, by resolution, require and order the person
having or owning the railroad track to improve the roadbed thereof
by making repairs or by bringing the roadbed to the official grade or
removing the hummocks or ridges or loose rock upon or along the
roadbed or making the roadbed and the materials thereof flush with
the top or sides of the rails of the track.

6781. The legislative body may require and order any or all of the
work designated in the resolution to be done in the manner designated
therein.

6782. The legislative body may also require, by resolution, any
person to pave alongside of, and contiguous to, its rails with
special type of brick or paving blocks or other material.

6783. The resolution to require and order the work shall be
personally served upon the person having or owning the railroad
track, or service thereof may be made upon any agent, representative,
or officer of that person. When served, the resolution is notice to
that person of the intention to order the work designated in the
resolution.

6784. The person served shall notify, in writing, the
superintendent of streets of the city where the work is to be done if
the person elects to enter upon the direct performance of the work
at his or her own charge or expense. The notice shall be delivered to
the superintendent of streets within 10 days after the service of
the resolution requiring the work.

6785. The omission or neglect to make the election by delivering
the notice makes the superintendent of streets the agent of the owner
of the track with the authority to enter into a contract made in
accordance with this chapter and the Public Contract Code for doing
the work.
The superintendent of streets shall thereupon be vested with
authority to, and he or she shall, advertise for bids for the work
and fix in the notice the time for receiving bids which shall be not
less than five days from the first publication of the notice.

6794. The legislative body, by ordinance, may prescribe and enforce
additional regulations and penalties that it deems necessary to
compel the doing of the work as provided in this chapter on any
portion of any street occupied by any railroad track.