Whenever in this chapter the words or phrases defined in this section are used, they shall have the following respective meanings:
means the City Engineer or duly appointed representative.
means conditions placed in the permit.
(Ord. 84-2 § 1, 1984)
It is unlawful and a misdemeanor for any person to construct or permit to remain on premises belonging to him or her, or under his or her possession or control, any bow, or other window, projecting into or over any sidewalk from the first story of any building on the premises, within the City limits.
(Ord. 84-2 § 2, 1984)
It is unlawful and a misdemeanor for any person to erect and maintain or permit to remain any post, pole or support of any kind embedded in, attached to or connected with, sidewalks or street of the City for the support of any porch, awning, roof, shelter, veranda, or balcony in front of any premises owner or controlled by him or her. All porches, awnings, roofs, shelters, verandas and balconies shall be at least 10 feet above the main traveled portion of the sidewalks and be securely built into the buildings of which they form a part, or be supported by iron brackets, or other contrivances, securely and safely attached to buildings.
(Ord. 84-2 § 3, 1984)
It is illegal for any person, firm or corporation, whether as principal, agent, employee, or otherwise to encroach upon, or to perform any work or create any excavation within or upon, any City property including streets and sidewalks or other improvements owned by the City without prior written approval of the City Council.
(Ord. 84-2 § 4, 1984; Ord. 97-10 § 2, 1997)
The City Council may establish from time to time, by resolution, the procedures to be followed for requesting and obtaining written approval to encroach upon City property.
The City Council may also, from time to time by resolution, adopt such regulations, conditions, or other requirements as it deems best and advisable in the circumstances consistent with the objectives of this chapter.
(Ord. 84-2 § 5, 1984)
Any person, firm or corporation shall submit to the City Engineer an application for an encroachment permit, approval of which permit is required by the engineer prior to any excavation or other street encroachment as defined in this chapter.
A.
Blanket Permit. Any utility district or public utility is entitled to apply for a blanket permit issued by the City Engineer, renewable annually, for the installation and maintenance of its facilities located within the City street right-of-way outside of paved roadways. Any utility or utility district that has had a permit revoked for failure to comply with the provisions of this Code may obtain a permit only after furnishing a bond.
B.
Content of Permit. Every applicant shall state in detail the information required on the forms provided by the City, and all applicants for a permit other than a blanket permit shall state the following:
1.
The location, dimension, purpose, extent, and nature of the encroachment or encroachments;
2.
The time during which it is estimated the excavation or obstruction will exist;
3.
Such other information as may be required by the engineer including a designation for tie-in points.
In the case of an annual permittee such information, together with the annual permit number, shall be shown on the working sketch or plat. |
C.
Non-Utility Applicants. All permit applicants and drawings appurtenant thereto, other than those submitted annually by public agencies or utilities, shall be submitted to the Engineer for his or her approval at least 10 days prior to the date for commencement of work involving the encroachment.
D.
Utility Applicants. Public agencies and utilities who have been granted annual permits shall nevertheless submit a working sketch or plat for the Engineer's review and signature of approval at least 10 days prior to the commencement of any work involving the encroachment. Public agencies and utilities with minor jobs and services involving an encroachment shall be excepted from this requirement with regard to those jobs only.
E.
Actual Notification. All applicants and permittees whether utilities, districts, or individually shall provide the City with actual notifications, by telephone call or post card, to start work on the encroachments preferably 10 days but in no event less than 48 hours in advance of commencement of the work.
F.
Emergency Exceptions. Notwithstanding the requirements contained in subsections D and E of this section, in the event of an emergency the applicant shall notify the City of the encroachment at the time of the occurrence or as soon thereafter as possible, providing that it was otherwise impossible for the utility to give notification in compliance with subsection E of this section, or to provide work sketch pursuant to subsection D of this section.
G.
Permit Fee. The City Council shall establish by resolution a fee for all encroachment permits based on the City's costs of administration and inspection of said encroachments. And at least once a year the City Council shall set a cost per square foot of resurfacing as recommended by the City Engineer.
(Ord. 84-2 § 6, 1984)
A.
Backfilling. Immediately upon completion of the work necessitating the encroachment permitted under this chapter, the permittee shall at his or her own expense, promptly and in workmanlike manner perform all work in accordance with the "special provisions."
B.
Color Code Identification for Resurfacing. If upon completion of the backfilling of the excavation the permittee has cut an area of 300 square feet, more or less, the permittee shall paint the outside perimeters of the cut area to correspond with the underground service alert colors. The area included within the painted perimeter shall be calculated in square footage and the square footage commitment for resurfacing shall be mutually agreeable between the permittee and the Engineer at the time of final inspection.
Color | Symbol | Name |
|---|---|---|
Blue | W | Water |
Orange | Tele-FA | Communications |
Green | D | Storm drain |
S | Sewer | |
Red | L | Street lighting |
E | Electric | |
T | Traffic signal | |
Yellow | G | Gas-Oil |
In case of an excavation involving more than one utility company, the U.S.A. color of the coordinating company shall be painted around the encroachment area.
(Ord. 84-2 § 8, 1984)
The Engineer may, but is not required to, inspect any work under any permit pursuant to the requirements in "special provisions." Such inspection fee shall be included in the permit fee. No cost of inspection shall be charged to any public corporation provided, however, that this section shall not operate to prevent charges made pursuant to Government Code Section 6103.6.
(Ord. 84-2 § 9, 1984)
The permittee shall, by acceptance of the permit, exercise reasonable care to properly maintain any encroachment placed by it in the City right-of-way, and to properly inspect and immediately repair it, making good any damage to the street which occurs as a result of the encroachment or as a result of the work done under this permit.
If the City has made a commitment to repave an area for a permittee and the permittee has submitted payment therefor to the City, then the City shall assume all reasonable liability for the resurfacing or patching of the encroachment eight months after the date of the commitment to repave. Reasonable liability by the City for the encroachment shall not include trench or compaction failure or other similar type repair.
(Ord. 84-2 § 10, 1984)
Any permit issued under this chapter shall contain a provision that in the event that future improvement of the right-of-way necessitates the relocation of such encroachment, the permittee will relocate the same at this sole expense, providing that the project necessitating the relocation is publicly funded. In said event, the City Engineer shall serve upon the permittee a written demand specifying the place of relocation and a reasonable time within which the work of relocation must be completed.
(Ord. 84-2 § 11, 1984)
If any permittee at any time fails to comply with the requirements of this chapter or the "special provisions," or the terms of the approved permit and working sketch, the Engineer may, at his or her discretion, stop any work in the encroachment until compliance is assured to his or her satisfaction.
(Ord. 84-2 § 12, 1984)