For the purposes of this chapter, unless it is plainly evident
from the context that a different meaning is intended, certain terms
used herein are defined as follows:
means the Public Works Director of the City or the City Manager's
designee;
means going upon, over, under, or using any right-of-way
in such a manner as to prevent, obstruct, or interfere with the normal
use of that way, including the performance thereon of any of the following
acts:
Excavating or tunneling within, or otherwise disturbing the
right-of-way,
Erecting or maintaining any post, sign, pole, fence, guard rail,
wall, loading platform, or other structure on or over or under the
right-of-way,
Planting any tree, shrub, grass or other growing thing within
the right-of-way,
Placing or leaving on the right-of-way any rubbish, brush, earth
or other material of any nature whatever,
Constructing, placing, or maintaining on, over, under, or within
the right-of-way any pathway, sidewalk, driveway, or other surfacing,
any culvert or other surface drainage or subsurface drainage facility,
any pipe, conduit, or cable;
Lighting or building a fire,
Constructing, placing, planting or maintaining any structure,
embankment, excavation, tree or other object adjacent to the right-of-way
which causes or will cause an encroachment,
Traveling on the right-of-way by any vehicle or combination
of vehicles or object, of dimension, weight or other characteristic,
when such traveling is prohibited by law without a permit; provided
that this provision shall not be deemed applicable to housemoving
so long as said subject is regulated elsewhere in this code;
Setting, establishing, erecting or maintaining any trash container
or other structure on or over or under the right-of-way adjacent to
any land zoned for commercial use;
means any person that proposes to do work or encroach upon
a public highway as herein defined and has been issued a permit for
such encroachment by the director;
means the full width of the right-of-way of any road, street,
lane or alley used by or for the general public, whether or not those
roads, streets, lanes and alleys have been accepted as and declared
to be part of the city system of public streets, except streets forming
a part of the State Highway system;
means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated
to the use of the general public for street or highway purposes.
(Prior code § 7200; Ord. 911 § 2, 1971; Ord. 1456 § 2, 1993; Ord. 1941 §
3, 2017)
Any permit granted under this chapter shall be subject to the
right of the city, or any other person entitled thereto, to use that
part of the public highway for any purpose for which it may be lawfully
used, and no part of the highway shall be unduly obstructed at any
time.
(Prior code § 7201; Ord. 911 § 2, 1971)
This chapter shall not apply to any officer or employee of the
city in the discharge of his official duties, or to any work being
performed by any person or persons under contract with the city.
(Prior code § 7202; Ord. 911 § 2, 1971)
No person shall encroach or cause to be made any encroachment
of any nature whatever within, upon, over or under the limits of any
right-of-way, or make or cause to be made any alteration of any nature
within, upon, over, or under the limits of any right-of-way, or make
or cause to be made any alteration of any nature within, upon, over,
or under such right-of-way, or construct, put upon, maintain or leave
thereon, or cause to be constructed, put on, maintained or left thereon,
any obstruction or impediment of any nature whatever, or remove, cut
or trim trees thereon, or set a fire thereon, or to place on, over
or under such right-of-way any pipe line, conduit or other fixtures,
or move over or cause to be moved over the surface of any right-of-way
or over any bridge, viaduct, or other structure maintained by the
city any vehicle or combination of vehicles or other object of dimension
or weight prohibited by law or having other characteristics capable
of damaging the right-of-way, or place any structure, wall, culvert,
or similar encroachment, or make any excavation or embankment in such
a way as to endanger the normal usage of the right-of-way without
having first obtained a permit as required by this chapter.
(Prior code § 7203; Ord. 911 § 2, 1971)
No application will be approved nor permit issued for constructing
or maintaining a loading platform upon or in the right-of-way of a
public street or for erecting or maintaining therein or thereon a
post, pole, column or structure for support for advertising signs.
(Prior code § 7204; Ord. 911 § 2, 1971)
This chapter shall not prevent any public utility from maintaining
any pipe or conduit lawfully on or under any public street, or from
making excavation, as may be necessary for the preservation of life
or property when an urgent necessity therefor arises during the hours
the offices of the city are closed, except that the person making
an emergency use or encroachment on a public street shall apply for
a permit therefor within one calendar day after the offices of the
city are again opened.
(Prior code § 7205; Ord. 911 § 2, 1971)
The written permits required by this chapter shall be issued
by the director subject to conditions set forth in this chapter or
required by other provisions of law.
(Prior code § 7210; Ord. 911 § 2, 1971)
The director shall prescribe and provide a regular form of application
for the use of any applicant for a permit required by this chapter.
The application form shall contain space for the name, address and
principal place of business of the applicant, together with such detail
as in the judgment of the director is necessary to establish the exact
location, dimensions, duration, and purpose of the proposed use or
encroachment.
(Prior code § 7211; Ord. 911 § 2, 1971)
The applicant shall enclose with, attach or add to the application
for a permit a map, plat, sketch, diagram or similar exhibit on which
shall be plainly shown any and all information necessary to locate,
delineate, illustrate, or identify the proposed use or encroachment
and the right of applicant to so use or encroach thereon.
(Prior code § 7212; Ord. 911 § 2, 1971)
The applicant shall also enclose with, attach or add to the
application for a permit the written order or consent to any work
thereunder, required by law, of the public utilities commission, sanitary
district, water districts, or any other public body having jurisdiction.
A permit shall not be issued until and unless such order or consent
is first obtained and evidence thereof filed with the director. The
permittee shall keep himself adequately informed of all state and
federal laws and local ordinances and regulations which in any manner
affect the permit. The applicant shall at all times comply with and
shall cause all his agents and employees to comply with all such laws,
ordinances, regulations, decisions, court and similar authoritative
orders.
(Prior code § 7213; Ord. 911 § 2, 1971)
The applicant shall design, plan, install and maintain the encroachment
in such a manner that the applicant's encroachment will not unreasonably
interfere with existing facilities, improvements and encroachments
within the public right-of-way. The determination of whether an encroachment
unreasonably interferes with an existing facility, improvement or
encroachment will be made by the director. The applicant's encroachment
shall not be constructed, installed or maintained in a manner that
would make any existing encroachment non-conforming under the standards
and requirements of this title.
(Ord. 1680 § 2, 2006)
The permittee shall be responsible for all liability imposed
by law for personal injury or property damage proximately caused by
work permitted and done by permittee under the permit, or proximately
caused by failure on permittee's part to perform his obligations under
such permit in respect to maintenance. If any claim of such liability
is made against the city, its officers, or employees, permittee shall
defend, indemnify and hold them, and each of them, harmless from such
claim insofar as permitted by law.
(Prior code § 7214; Ord. 911 § 2, 1971)
(a)
The schedule of fees will be those recommended by the director and
established and adopted by the city council from time to time by resolution.
Before a permit is issued the applicant shall deposit with the city
cash or check, in a sufficient sum to cover the fee for issuance of
the permit, charges for field investigation, and the fee for necessary
inspection, all in accordance with schedule established and adopted
by the city council.
(b)
Public utilities may, at the director's option, make payment for
the above charges as billed by the city instead of advance deposit
as required above.
(c)
Fees will not be required of any public agency which is authorized
by law to establish or maintain any works or facilities in, under,
or over any public street or right-of-way.
(Prior code § 7215; Ord. 911 § 2, 1971)
Before a vehicle or combination of vehicles or object of weight
or dimension or characteristic, prohibited by law without a permit,
is moved on any public right-of-way, a permit to do so must first
be granted by the director as set forth in specifications established
by the director or as otherwise required by him. This section shall
not be deemed applicable to housemoving so long as such subject is
regulated elsewhere in this code.
(Prior code § 7216; Ord. 911 § 2, 1971)
The permittee shall begin the work or use authorized by a permit
issued pursuant to this chapter within ninety days from date of issuance,
unless a different period is stated in the permit. If the work or
use is not begun within nine-ty days, or within the time stated in
the permit, then the permit shall become void. A permit for continuing
a use or maintaining an encroachment previously authorized except
when issued to a public agency or a public utility holding a franchise
from the city, shall be valid for a term of one year from date of
issuance, unless sooner terminated by discontinuance of the use, or
removal of the encroachment, for which the permit was issued.
(Prior code § 7217; Ord. 911 § 2, 1971)
The permittee shall complete the work or use authorized by a
permit issued pursuant to this chapter within the time specified in
the permit. If at any time the director finds that the delay in the
prosecution of completion of the work or use authorized is due to
lack of diligence on the part of the permittee, he may cancel the
permit and restore the right-of-way to its former condition. The permittee
shall reimburse the city for all expenses incurred by the city in
restoring the right-of-way.
(Prior code § 7217.1; Ord. 911 § 2, 1971)
(a)
The permittee shall keep any permit issued pursuant to this chapter
at the site of work, or in the cab of a vehicle when movement thereof
on a public street is involved, and the permit must be shown to the
director or any law enforcement officer on demand.
(b)
A permit issued for continued use or maintenance of an encroachment
may be kept at the place of business of the permittee or otherwise
safeguarded during the term of validity, but shall be made available
to the director or any law enforcement officer within a reasonable
time after demand therefor is made.
(Prior code § 7218; Ord. 911 § 2, 1971)
No changes may be made in the location, dimension, character
or duration of the encroachment or use as granted by the permit except
upon written authorization of the director.
(Prior code § 7219; Ord. 911 § 2, 1971)
If required by the director, and before a permit is effective,
the permittee shall deposit with the director, or agent authorized
by resolution of the city council, a cash deposit or an approved surety
bond, in the sum to be fixed by the director as sufficient to reimburse
the city for costs of restoring the right-of-way to its former condition,
based on the schedules, if any, adopted by resolution of the city
council.
(Prior code § 7220; Ord. 911 § 2, 1971)
In lieu of repeated individual bonds which may be required pursuant to Section 14.16.180, the permittee may, upon approval by the director, annually file with the director a cash deposit or an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the director as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council.
(Prior code § 7221; Ord. 911 § 2, 1971)
An application for a permit for a use or encroachment which
is to continue or remain within, under, or upon the right-of-way of
a public highway beyond the time authorized for actual construction
or installation, shall be accompanied by a cash bond or approved surety
bond issued by a company authorized to do a general surety business
in the state in a penal sum to be fixed by the director as sufficient
to reimburse the city for all expenses which are or might be incurred
by the city in making the right-of-way safe and convenient for the
travel of the general public, subject to the schedules, if any, adopted
by resolution of the city council and in effect at the time of application
for a permit.
(Prior code § 7222; Ord. 911 § 2, 1971)
The director may require an additional bond or cash deposit
at any time when in his opinion the amount of the bond or cash deposit
previously made is insufficient, subject to the schedules, if any,
adopted for that purpose by the city council.
(Prior code § 7223; Ord. 911 § 2, 1971)
The condition of any bond or cash deposit made pursuant to Sections 14.16.180 through 14.16.240 shall be that the permittee will diligently and in good faith comply with this chapter and the terms and conditions of the permit.
(Prior code § 7224; Ord. 911 § 2, 1971)
Any bond or cash deposit required pursuant to this chapter shall
be payable to the city. Upon satisfactory completion of all work authorized
in the permit, and fulfillment of all conditions of the permit, the
bond or cash deposit shall be released.
(Prior code § 7225; Ord. 911 § 2, 1971)
Cash deposits or bonds will not be required of any public utility
or public agency which is authorized by law to establish or maintain
any works or facilities in, under, or over any public street or right-of-way.
(Prior code § 7226; Ord. 911 § 2, 1971)
(a)
The permittee in the conduct of the work, use, or maintenance of
an encroachment authorized by a permit issued pursuant to this chapter
shall provide, erect, and/or maintain such lights, barriers, warning
signs, patrols, watchmen, and other safeguards as are necessary to
protect the traveling public. Any omission on the part of the director
to specify in the permit what lights, barriers, or other protective
measures or devices are required, shall not excuse the permittee from
complying with all requirements of law and appropriate regulations
and ordinances for adequately protecting the safety of those using
public streets. If, at any time, the director finds that suitable
safeguards are not being provided, the city may provide, erect, maintain,
relocate or remove such safeguards as are deemed necessary or may
cancel the permit and restore the right-of-way to its former condition,
all at the expense of the permittee.
(b)
A permittee making any excavation or erecting or leaving any obstruction
within, under, or upon the right-of-way, or causing the same to be
made, erected, or left, shall place and maintain lights at each end
of the excavation or obstruction, at not more than fifty foot intervals
along the excavation or obstruction, from one-half hour before sunset
of each day to one-half hour after sunrise of the next day, until
the excavation is entirely refilled or the obstruction removed and
the right-of-way made safe for use. In addition, reflectorized warning
signs conforming to the requirements of the California Division of
Highways shall be placed two hundred feet and four hundred feet from
each excavation or obstruction, in such a position as to adequately
warn public traffic.
(c)
The warning signs, lights and other safety devices shall conform
to the requirements of Section 21400 of the Vehicle Code and of any
sign manual issued by the Department of Public Works of the state.
(Prior code § 7230; Ord. 911 § 2, 1971)
Before beginning any work which is or includes excavation, construction
of concrete sidewalks, curbs, gutters or driveway approaches, planting,
trimming or removing trees, making, placing or causing an obstruction
in the traveled way, the permittee shall notify the director at least
twenty-four hours prior to beginning such work.
(Prior code § 7231; Ord. 911 § 2, 1971)
The permittee shall, upon completion of all work authorized
in the permit, notify the director. No work shall be deemed to be
completed until such notification of completion is given and the work
is accepted by the director.
(Prior code § 7231.1; Ord. 911 § 2, 1971)
If the work, use or encroachment authorized in the permit issued
pursuant to this chapter interferes with the established drainage,
the permittee shall provide for proper drainage as directed by the
director.
(Prior code § 7231.2; Ord. 911 § 2, 1971)
All work or use shall be planned and executed in a manner that
will least interfere with the safe and convenient travel of the general
public at the place where the work or use is authorized; and at no
time shall a public street be closed, or the use thereof denied the
general public, or shall access to adjacent private property be cut
off, without the prior permission of the director.
(Prior code § 7231.3; Ord. 911 § 2, 1971)
Upon completion of the work, acts or things for which the permit
was issued, or when required by the director, the permittee shall
replace, repair or restore the public street at the place of work
to the same condition existing prior thereto unless otherwise provided
in the permit. The permittee shall remove all obstructions, impediments,
material or rubbish caused or placed upon the right-of-way of the
public street under the permit, and shall do any other work or perform
any act necessary to restore the public street to a safe and usable
condition.
After completion of all work, the permittee shall exercise reasonable
care in inspecting and maintaining the area affected by the encroachment.
For a period of one year after the completion of the work the permittee
shall repair and make good any injury or damage to any portion of
the street which occurs as the result of work done under the permit,
including any and all injury or damage to the street which would not
have occurred had such work not been done. By the acceptance of the
permit the permittee agrees to comply with the above. The permittee
shall, upon notice from the director immediately repair any injury,
damage or nuisance, in any portion of the right-of-way, resulting
from the work done under the permit. In the event that the permittee
fails to act promptly or should the exigencies of the injury or damage
require repairs or replacement to be made before the permittee can
be notified or can respond to notification, the city may, at its option,
make the necessary repairs or replacement or perform the necessary
work and the permittee shall be charged with all the expenses incurred
in the performance of such work.
(Prior code § 7232; Ord. 911 § 2, 1971)
If any future construction, reconstruction or maintenance work
by the city on a public right-of-way requires the relocation, removal
or abandonment of installations or encroachments in, on or under the
public right-of-way, the permittee or other person or entity owning,
controlling, or maintaining such installations or encroachments shall
relocate, remove or abandon the same at his sole expense subject,
however, to any applicable prior rights or express statute to the
contrary, and provided further that this provision shall apply to
and remain in force and effect only so long as the right-of-way upon
which such installations or structures are located shall be used for
usual street purposes, and not as a freeway, and this provision shall
cease to apply when such street shall become a freeway. When removal,
relocation or abandonment is required, the director shall give such
permittee or other person or entity a written demand specifying the
place of relocation, or that the installations or encroachment must
be removed, relocated or abandoned. If such permittee or other person
or entity fails to comply with such instructions, the city may cause
the removal, relocation or abandonment of the encroachment at the
expense of such permittee or other person or entity.
(Prior code § 7232.1; Ord. 911 § 2, 1971)
All work done under a permit issued pursuant to this chapter
shall conform to specifications established by either the city council
or the director, or in the absence of established specifications,
to recognized standards of construction and approved practices in
connection with the work to be done. All work shall be done subject
to the supervision of, and to the satisfaction of the director.
(Prior code § 7233; Ord. 911 § 2, 1971)
Unless otherwise approved by the director, no material shall
be stored by a permittee within five feet of a public street, and/or
excess earth materials from trenching or other operations shall be
removed from the pavement, traveled way, or shoulder as the trench
is backfilled or other work carried forward.
(Prior code § 7234; Ord. 911 § 2, 1971)
The minimum cover over any and all pipes or conduits larger
than two and a half inches installed within the right-of-way shall
be thirty inches of earth or imported materials, unless otherwise
specified in the permit. Within the traveled way, the minimum cover
of three feet shall be measured from the surface, existing or planned.
The director is authorized to permit installation of pipes or conduits
where three feet of cover cannot be provided because of topography,
structures, or other engineering necessity.
(Prior code § 7234.1; Ord. 911 § 2, 1971)
Whenever any pipe, conduit, duct, tunnel, or other equipment
or structure located under the surface of any public street, thoroughfare
or other public place, or the use thereof, is abandoned, the person
or entity owning, using, controlling or having an interest in same,
shall, within thirty days after such abandonment, file in the office
of the director a map giving in detail the location of the pipe, conduit,
duct, tunnel or other equipment or structure so abandoned. Upon written
demand by the city, the abandoned equipment shall be removed by such
person or entity which abandoned the facility, and at no cost to the
city.
(Prior code § 7234.2; Ord. 911 § 2, 1971)
(a)
Trench Length Limit.
No trench shall be opened in any street or thoroughfare for
the purpose of laying pipes or conduits more than six hundred feet
in advance of pipe or conduit placed therein, except in cases of emergency
or by written consent of the director.
(b)
Piling of Excavated Material.
All excavated material shall be piled along the trench leaving
clear the area at least one foot on each side thereof.
(c)
Segregation of Surface Material, Subsoil.
The surface material shall be piled on one side of the trench
and the subsoil on the other side of the trench.
(d)
Driveways at Intersections.
When a crossing street intersects with an excavation, a driveway
for vehicles shall at all times be maintained, unless a detour plan
is approved in advance by the director.
(e)
Private Driveways.
All private driveways shall be kept open to the maximum extent
feasible.
(Prior code § 7234.3; Ord. 911 § 2, 1971)
Backfilling of an excavation shall be in accordance with plans
and specifications established by resolution of the city council.
Backfill shall not be placed in any excavation without compaction
of the material used therein, in accordance with said specifications.
(Prior code § 7234.4; Ord. 911 § 2, 1971)
Resurfacing of excavations and trenches shall be accomplished
as follows:
(1)
Temporary Resurfacing.
Unless permanent pavement is placed immediately, temporary bituminous
resurfacing two inches (fifty-one millimeters) thick shall be placed
and maintained at locations determined by the director wherever excavation
is made through pavement, sidewalks or driveways. In sidewalk areas,
the temporary bituminous resurfacing shall be at least one inch (twenty-five
millimeters) thick. At major intersections and other critical locations,
a greater thickness may be ordered by the director. Temporary resurfacing
shall be placed and rolled with a minimum three-ton roller or equivalent,
as soon as the condition of the backfill is suitable to receive it
the same day. The bituminous mixture used shall conform to the applicable
sections of the city's most currently adopted standard specifications
for public works construction.
(2)
Permanent Resurfacing.
The permanent pavement shall be installed within fifteen calendar
days of the date of the initial excavation on major and secondary
thoroughfares, thirty calendar days on collector streets, unless otherwise
directed by the director. The temporary pavement shall be removed
and disposed of by the permittee. The edges of the street excavation
shall be cut to a neat edge in a manner approved by the director.
The permanent pavement shall be installed in two lifts and shall be
one inch (twenty-five millimeters) greater in thickness than existing
pavement, or four inches (one hundred two millimeters) minimum thickness;
rolled with a minimum three-ton steel roller or equivalent. The subgrade
and the permanent paving shall conform to the applicable section of
the city's most currently adopted standard specifications for public
works construction. If the permittee fails to complete the permanent
resurfacing within the time specified above, a code violation notice
will be issued to him, and the matter will thereafter be subject to
other appropriate remedies such as the city completing the work and
charging the permittee for the costs and expenses thereof, or referral
of the matter to the city attorney or to other appropriate agencies
such as the Contractors' State License Board for suitable enforcement
or disciplinary proceedings.
(Ord. 1050 § 1, 1977)
(a)
Clearances and types in the construction of poles and transmission
line carriers shall be in accordance with rules, regulations, and
orders of the Public Utilities Commission and other public agencies
having jurisdiction.
(b)
No guy wires shall be attached to trees without specific authorization
to do so in the permit, and in no event shall guy wires be so attached
as to girdle the tree or interfere with its growth. Guy wires shall
not be below the minimum elevation above the ground, prescribed in
the rules, orders, and regulations of the Public Utilities Commission.
(c)
When a pole, brace, stub, or similar timber is removed and not replaced,
the entire length thereof shall be removed from the ground and the
hole backfilled and compacted.
(Prior code § 7234.5; Ord. 911 § 2, 1971)
When the location or position of a pole or other obstruction
makes accentuation of its visibility to vehicular traffic necessary,
the director may require that the pole or other obstruction be painted,
or equipped with reflectors or other aids to visibility prescribed
or authorized by the Public Utilities Commission or the Department
of Public Works of the state, at the expense of the permittee.
(Prior code § 7234.6; Ord. 911 § 2, 1971)
When authorized by a permit issued pursuant to this chapter
to move a vehicle or combination of vehicles or load of dimension
or weight in excess of that permitted by law, the permittee shall
comply with the general law regulating travel over a public street,
including posted signs or notices which limit speed or direction of
travel, or weight which may be placed upon a structure or the width
or height that may be moved thereon or thereover, or otherwise restricting
or controlling travel on a public street. The permittee shall at all
times conform to and abide by the practice and procedure necessary
to make safe and convenient the travel of the general public, and
to keep safe and preserve the public highway over and on which movement
is being made. Any violation of this section shall cancel the permit
issued to the permittee. (This section shall not be deemed to apply
to housemoving so long as such subject is regulated elsewhere in this
code.)
(Prior code § 7235; Ord. 911 § 2, 1971)
No permit pursuant to this chapter need be obtained for the
placing and maintaining of a mailbox within a public right-of-way
so long as such mailbox and its placement comply with the rules and
regulations of the United States Post Office Department, and also
the following regulations:
(1)
Mailboxes and containers for the collection and storage of mail
shall be so placed or maintained as to not endanger the life or safety
of pedestrian traffic or inhibit the flow of vehicular traffic, irrespective
of when such situation should first come into existence;
(2)
There will be a four-foot-wide clearance for ADA purposes around
the mailbox as may be deemed necessary by the city engineer or designee.
(Prior code § 7236; Ord. 911 § 2, 1971; Ord. 2088, 11/9/2023)
An encroachment permit shall be issued for a commercial type
bin only where the applicant shows that there is no reasonably accessible
and alternate on-site location for the bin. No bin shall be placed
in a traffic lane or shall be placed so as to obstruct visibility
of on-coming traffic. The bin shall be covered except when in use
and the trash shall not be higher than the lip of the bin. Bins used
in connection with a special event shall not be placed in the public
street within one day before or after, nor during, the special event.
(Ord. 1456 § 3, 1993)
No hedge, fence or similar structure, except as provided in Section 14.16.440, shall be planted, erected or maintained in a right-of-way without a permit.
No hedge, shrub, or other planting whatever, fence or similar
structure, shall be maintained across any existing walkway in a sidewalk
area or shoulder. The intent of this restriction is to keep free a
walkway for pedestrian or other lawful public travel without interference
by or with vehicular travel. No encroachment of any nature shall be
permitted or maintained which impedes, obstructs, or denies such pedestrian
or other lawful travel within the limits of the right-of-way of a
public street or which impairs adequate sight distance for safe pedestrian
or vehicular traffic.
(Prior code § 7237; Ord. 911 § 2, 1971)
The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this chapter, the director may order the permittee or property owner to remove the encroachment and restore the right-of-way to its former condition, at the expense of the permittee or property owner. In addition, any such unlawful condition is hereby declared to be a public nuisance and subject to abatement pursuant to Chapters 11.72 and 11.80 of this code or other applicable provisions of law.
(Prior code § 7237.1; Ord. 911 § 2, 1971)
Notwithstanding anything contained herein to the contrary, any
person may plant and maintain a lawn of any grass, or type not prohibited
by other law, within the right-of-way of a public street without a
permit. However, the lawn shall not extend into the traveled way of
the public street nor into drainage ditches, gutters or other drainage
facilities. The general public may not be denied the use of the planted
area for pedestrian or other lawful travel. The city may use the planted
area for any purpose whatever, and may issue a permit to any applicant
to go thereon to perform work or otherwise encroach pursuant to this
chapter. If the lawn is damaged or disturbed in the course of an authorized
encroachment, it shall be removed and replaced by the permittee unless
the permit specifically states otherwise.
(Prior code § 7237.2; Ord. 911 § 2, 1971)
No person, without first having obtained a permit, shall solicit
on a commercial or donation basis, to place, or shall place, or maintain
any number, figure, letter, carving, drawing, design, or other marking
upon any street, sidewalk, or curb; except that markings for the purpose
of identifying survey, utility or construction locations shall not
be subject to this section.
(Prior code § 7238; Ord. 911 § 2, 1971)
No person shall remove or disturb or cause to be removed or
disturbed, any monument of granite, concrete, iron or other lasting
material set for the purpose of locating or preserving the lines and/or
elevation of any public street or right-of-way, property subdivision,
or a precise survey point or reference point, without first obtaining
permission from the director to do so. Replacement of removed or disturbed
monument shall be at the expense of the permittee.
(Prior code § 7238.1; Ord. 911 § 2, 1971)
(a)
Every person having a franchise, special permit, license or other
effective permission to erect, construct, place and maintain utilities
or other facilities or equipment within public streets or rights-of-way
of the city, shall not by reason of such permission be deemed to be
relieved from the requirements and provisions of this chapter.
(b)
Any proposal or application by any person not already having a franchise
or other effective permission, to place utilities facilities or equipment
within public streets or rights-of-way of the city, shall be submitted
to the city manager prior to the granting of any encroachment permits
pursuant to this chapter. The city manager shall report to the city
council the fact of such proposal or application and any pertinent
information, regarding the granting of a franchise, license or special
permit for the proposed use of the streets or other privilege. If
the city council determines to require a franchise, license or special
permit as a condition to the use of the streets or other privilege
to be granted by the city, the provisions of Section 6000 et seq.,
or Sections 6201 et seq. of the Public Utilities Code of the state
or any other applicable provisions of law shall pertain to such franchise,
license or permit. If the city council determines that a franchise,
license or special permit is not necessary to provide for the best
interests of the city, or that a requirement for such a franchise,
license or special permit is precluded by applicable law, the matter
shall be referred back to the department of public works for the granting
of encroachment permits pursuant to this chapter. No provision of
this subsection shall be deemed to relieve an applicant, whether or
not a franchise or other privilege is granted, from obtaining any
necessary conditional use permit pursuant to the city's zoning ordinance,
or from complying with any other applicable regulations and laws.
(Prior code § 7239; Ord. 911 § 2, 1971)
Every public service corporation and corporation providing cable
television service, maintaining pipes, conduits or other equipment
in the streets of the city shall file with the director during the
month of January of each year, maps indicating the size and location
of each pipe or conduit owned and maintained by such corporation in
the streets of the city.
(Prior code § 7240; Ord. 911 § 2, 1971)
After said corporation has in the first instance filed such
map, it may thereafter in lieu of filing a new map each year revise
the map on file so as to show changes and extensions.
(Prior code § 7241; Ord. 911 § 2, 1971)
Each map or set of maps filed pursuant to the provisions of Sections 14.16.480 through 14.16.500 shall show in detail the location of all such pipes, conduits, ducts, tunnels or other equipment or structures abandoned by such corporation subsequent to the filing of the last preceding map or set of maps.
(Prior code § 7242; Ord. 911 § 2, 1971)
Any person aggrieved by the action of any administrative official under this chapter may appeal such decision to the city council in the manner provided in Chapter 2.05 of this code.
(Prior code § 7250; Ord. 911 § 2, 1971; Ord. 1226 § 23, 1983)
