No person shall construct, place, affix or occupy any portion
of the city's street right-of-way, including the sidewalk and those
portions that are unpaved but which consist of parkways or underground
utility easements, with any appurtenance, fixture, structure or object,
except as otherwise provided herein.
(Ord. 1176 § 1, 1992)
Notwithstanding Section 11.08.010, encroachments shall be allowed pursuant to permit if the director of public works:
(1)
Determines that such an encroachment is reasonably necessary; and
(2)
Issues an encroachment permit and determines that the public safety
will not be jeopardized thereby, and if the applicant provides sufficient
insurance or other assurances in case of liability arising from the
encroachment.
(Ord. 1176 § 1, 1992; Ord. 1393 § 1, 2007)
An encroachment permit shall specifically be required for the
following uses:
(1)
Excavations in city streets or other construction activity requiring
closure of part or all of the right-of-way;
(2)
Bus benches;
(3)
News racks;
(4)
Priority mail drop-off boxes;
(5)
Wireless telecommunication facilities in the public right-of-way.
(Ord. 1176 § 1, 1992; Ord. 1523 § 9, 2017)
Notwithstanding any other provisions of this code, and unless
federal or state law preempts the city in enforcing this section,
no trenching can occur in the rights-of-way without compliance with
this section. "Trenching" shall be defined as any excavation in excess
of three feet in length that is in the public right-of-way. All such
trenching must be done subject to an encroachment permit. An encroachment
permit shall be issued only if the following criteria are met:
(1)
The street has not been resurfaced within the last five years, or
there is a compelling reason why the excavation must be made;
(2)
All repairs are performed in accordance with city standards, which
provide for resurfacing across the full width of the street lanes
affected by the excavation;
(3)
All appropriate safety measures are taken, including but not limited
to, those set forth in the encroachment permit;
(4)
Appropriate security is posted in a form approved by the city attorney
to ensure the resurfacing for a one year period, after which the security
will be exonerated.
(Ord. 1314 § 1, 2001)
The following uses are exempted from the requirements of this
chapter:
(1)
City-owned or controlled appurtenances, including, but not limited
to, fire hydrants, water valves, and traffic signal and lighting equipment;
(2)
United States mail regular drop-off and collection boxes;
(3)
Any appurtenance exempt by law from the city's authority.
(Ord. 1176 § 1, 1992; Ord. 1393 § 2, 2007)
The following uses shall obtain an encroachment permit before
doing work within the right-of-way but shall have a limited exemption
from this chapter as follows:
(1)
The gas franchisee shall have the rights set forth in its franchise, more particularly described in Chapter 11.07 of this code;
(2)
The electrical franchisee shall have the rights set forth in its franchise, more particularly described in Chapter 11.06 of this code;
(3)
A sanitation district, which has certain rights provided in Health
and Safety Code Sections 4759 and 4759.1;
(4)
A sanitary district, which has certain rights provided by Health
and Safety Code Section 6518;
(5)
The Orange County Water District, which has certain rights provided
in Orange County Water District Act, Sections 5683, and 39;
(6)
The rights of other government entities who have a right to maintain
appurtenances within city's rights-of-way in coordination with the
city;
(7)
Cable television franchisees.
(Ord. 1393 § 3, 2007)
The following appurtenances shall not be allowed in the public
right-of-way:
(1)
Basketball poles, tetherball poles and similar structures in the
parkway or other right-of-way;
(2)
Planter boxes, fences or other structures which unreasonably obstruct
access, sight distance, or the right of free travel;
(Ord. 1176 § 1, 1992)
Any person, firm or corporation constructing, placing, affixing
or occupying any portion of the city's street right-of-way in violation
of this chapter shall be guilty of a misdemeanor and shall be punishable
by a fine not to exceed one thousand dollars or by imprisonment for
not to exceed six months in the County Jail, or by both such fine
and imprisonment. Each day that such a violation exists shall be considered
a separate violation.
(Ord. 1176 § 1, 1992)
Any fixture, structure, appurtenance or object constructed,
placed, affixed or occupying the city's right-of-way area in violation
of this chapter is hereby declared to be a nuisance and may be abated
as provided in Government Code Section 38775.
(Ord. 1176 § 1, 1992)
