For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Highway.
Any public highway, public street, public way or public place
in the city, either owned by the city or dedicated to the public for
purposes of travel.
Public agency.
The United States or any department or agency thereof, the
state or any department or agency thereof and any county, municipal
corporation or public district.
(Ord. No. 92, § 1)
No person shall dig up, plow up, remove, break the earth, soil,
stone, pavement or other surface of, or otherwise injury any highway,
or make or cause to be made any excavation, or construct, place upon,
maintain or leave any material or any obstruction or impediment to
travel in or upon a highway, or install or maintain or cause to be
installed or maintained any tank, pipes, conduit, duct, tunnel or
any installation of any nature, across, upon, in or under any highway
unless he shall have first obtained a permit.
(Ord. No. 1035, § 1, 10-14-02)
(a) It
shall be unlawful for any person to place or maintain any object,
including, but not limited to, fixed or portable basketball equipment,
skateboard ramps, hockey nets and all other types of privately owned
non-vehicular sporting or recreational equipment on any road, street
or public highway, public right-of-way, or public property. It shall
not be a violation of this section to place or maintain upon any road,
street, public highway, or public right-of-way:
(1) Any solid waste or recycling containers or bins authorized by and
in accordance with the provisions of this Code;
(2) Any object necessary for the work or activity authorized by a duly
issued encroachment permit pursuant to the provisions of this Code;
or
(3) Any object required by police, fire, medical or tow service personnel
necessary to providing service within their jurisdiction on a road,
street, public highway, or public right-of-way.
(Ord. No. 1035, § 1, 10-14-02)
(a) Whenever
any prohibited item is found to be in violation of this article, the
city shall have the right, but not the obligation, to cause a notice
to be conspicuously attached to such item demanding removal from the
public right-of-way. Such notice shall specify the date of posting,
the closest street address to which the item is located, and a clear,
concise description of the item to be removed. The notice shall demand
such item be removed from the public right-of-way within 24 hours
of the posting time and date.
(b) In
the event a prohibited item is found in a location creating an immediate
threat to the public health, safety or welfare, the city may abate
and impound the item without delay or prior public notification. Writ-ten
public notice of the city's abatement of such item shall be conspicuously
posted in the immediate area in which the abatement occurred and on
a form approved by the director of public works.
(Ord. No. 1035, § 1, 10-14-02)
(a) The city may impound a prohibited item as set forth within this article, that has been installed, used, or maintained in violation of this article and after notice of such violation is given pursuant to section
24-6.3.
(b) The city may impound a prohibited item installed, used, or maintained in violation of this article without prior notice whenever such item is found to be in violation of this article, and such item has previously been posted in accordance with section
24-6.3.
(Ord. No. 1035, § 1, 10-14-02)
(a) Any
prohibited item which has been abated and impounded shall be released
to the owner and made available for pickup at the city's corporate
yard during normal operating hours, upon receipt of all associated
abatement and impound fees, as set by resolution of the city council.
(Ord. No. 1035, § 1, 10-14-02)
(a) The
city may sell or otherwise dispose of any item that has been impounded
pursuant to this article, and retain the proceeds including any monies,
on behalf of the city, provided that:
(1) Thirty days have elapsed since impoundment and the owner has failed
to pay all abatement and impound fees assessed.
(Ord. No. 1035, § 1, 10-14-02)
Nothing in this article shall prohibit any person from making
such excavation as may be necessary for the preservation of life or
property when necessity arises during such hours as the offices of
the city are closed, if the person making such excavation obtains
a permit therefor within one day after the offices of the director
of public works are first opened subsequent to the making of such
excavation.
(Ord. No. 92, § 28)
Applications for permits under this article shall be filed not
less than 48 hours before the work is proposed to be done.
Such applications shall be filed with the director of public
works upon printed forms to be prescribed and supplied by him. The
application shall be signed by the applicant and shall state the following:
(a) The name
and address of the applicant.
(b) The location,
purpose, extent and nature of the proposed excavation, fill or obstruction.
(c) The time
during which it is estimated that the excavation, fill or obstruction
will exist.
(d) That
the applicant agrees to indemnify, defend and save the city, its authorized
agents, officers, representatives and employees, harmless from and
against any penalties, liabilities, claims, annoyances, or loss resulting
from claims or court action arising out of any accident, loss or damage
to persons or property happening or occurring as a result of any actions
undertaken, or failed to have been undertaken, pursuant to the permit
granted in response to the application; and the applicant shall secure
and maintain, during the life of the permit, public liability insurance
in amounts deemed reasonable by the director of public works; and
the applicant shall supply the city with a certificate evidencing
such insurance, in a form approved by the city attorney, prior to
the issuance of such permit.
(e) That
the applicant agrees that in the event that any tank, pipe, conduit,
duct, tunnel or other installation of any nature or kind placed in
the excavation, fill or obstruction for which the permit is issued,
at any time in the future interferes with the use, repair, improvement,
widening, change of grade or relocation of any public street or highway
due to abandonment, vacation or any other cause, of any portion or
portions of such street or highway, or interferes with the construction
of any subway, viaduct or other underground conduit or structure of
any nature, the applicant or his successors or assigns, within 10
days after the receipt of a written notice from the director of public
works to do so, will at his own expense either remove such tank, pipe,
conduit, duct, tunnel or other installation, or, subject to the approval
of the director of public works, relocate them to a site which may
be designated by the director of public works.
(f) Any additional
information which the director of public works may deem necessary
for the proper disposition of the application.
(Ord. No. 92, §§ 3,
4; Ord. No. 333, § 1; Ord. No. 646, § 1, 7-23-79)
Each application for a permit under this article shall be accompanied
by a plat showing the location, dimension, nature of the proposed
excavation, obstruction or fill and any other detail which the director
of public works may require.
(Ord. No. 92, § 5)
The director of public works may require such changes in the
application for a permit under this article respecting the location,
dimensions, character or number of the proposed excavations, fills
or obstructions as in his opinion may be necessary for the protection
of the highway, the prevention of undue interference with traffic
or to assure the safety of persons using the highway.
(Ord. No. 92, § 7)
Each applicant for a permit under this article shall submit
to the director of public works satisfactory proof of the applicant's
right to use the highway for the purpose set forth in the application.
(Ord. No. 92, § 6)
Each application for a permit under this article shall be accompanied
by an issuance fee to be established by resolution in accordance with
Government Code Section 54994.1. Said fee may be waived by the director
of public works if the work to be done under said permit is to repair
or replace any portion of city streets or sidewalks that would otherwise
need to be repaired or replaced by city and thus will result in a
monetary savings to city.
(Ord. No. 92, § 9; Ord. No. 920, § 1, 8-8-94)
(a) Unless
the director of public works shall have authorized the applicant to
perform the resurfacing or repair of the surface of any highway which
may be removed in part or damaged by the proposed excavation, fill
or obstruction, pursuant to a permit issued under this article, each
applicant therefor, in addition to the issuance fee, shall deposit
with the director of public works the estimated cost of resurfacing
or repairing the surface of the highway which may be damaged or destroyed.
The special deposit shall in no event be less than $15. The estimated
cost shall be determined by the director of public works by multiplying
the number of square feet of surface which may be damaged, as shown
by the application, by the sum of forty cents ($0.40) per square foot
of surfacing. The city council may from time to time change and revise
the method of determining the estimated cost.
The minimum cost of restoration or repair shall be presumed
to be not less than $2.
(b) In lieu of making the special deposit required by subsection
(a) of this section, the applicant may make and maintain with the director of public works a general deposit in an amount estimated by the director of public works to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, not to exceed $500.
(c) In lieu of the special deposit required by subsection
(a) or of making the general deposit as provided for in subsection
(b) of this section, the applicant, with the approval of the director of public works, may furnish a surety bond conforming in all respects to the requirements for surety bonds set forth in subsection
(d) of this section; except, that the condition of such bond shall be that the applicant will pay to the city, upon demand, all fees, costs or charges incurred by or due to the city under the provisions of this article.
(d) In cases
where the applicant is granted authority to make the repairs required
under this article, the director of public works, in order to insure
the completion of such repairs in a satisfactory manner, may require
the applicant to furnish a surety bond. Such bond shall be executed
by a surety company authorized to transact business in the state and
shall be in an amount equal to twice the estimated cost of performing
the work authorized; provided, that the minimum amount of such bond
shall not be less than $1,000, nor the minimum period less than one
year. The condition of such bond shall be that the applicant will
perform the work authorized by any permit issued pursuant to this
article in a good and workmanlike manner and to the satisfaction of
the director of public works.
(Ord. No. 92, §§ 10,
11)
The city shall deduct the following from any deposit made or
maintained by a permittee pursuant to this article:
(a) The
permit issuance fee if it has not otherwise been paid.
(b) The
cost of the city of refilling any excavation or removing any obstruction.
(c) The cost to the city of resurfacing or repairing the highway calculated pursuant to the provisions of section
24-13 or section
24-32.
(d) The cost to the city of any additional repairs as provided in section
24-31.
(e) The cost of any inspection by the director of public work's office, or the building and safety department. Such cost shall be computed as shown in section
24-32.
(Ord. No. 92, § 24)
After making the deductions specified in section
24-14, unless the deductions are made from a general deposit, the city shall refund any balance to the applicant in the same manner as provided by law for the repayment of trust money. The balance remaining in the general deposit shall be retained by the director of public works and applied to issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this article, unless a written demand for the balance is made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust money.
(Ord. No. 92, § 24)
If any deposit under this article is insufficient to pay all
fees and costs under this article, the permittee, upon demand, shall
pay to the director of public works an amount equal to the deficiency.
If a permittee under this article, upon demand, fails to pay
any deficiency as provided in this section or fails to pay any other
costs due the city under this article, for which no deposit has been
made, the city may recover the same by an action in any court of competent
jurisdiction. Until such deficiency or cost is paid in full a permit
under this article, shall not thereafter be issued to such permittee.
(Ord. No. 92, §§ 25,
26)
If any public agency files with the director of public works
a written guarantee of payment of all costs for which it may become
liable to the city under this article, then no deposit for costs shall
be required from such public agency. No permit issuance fee under
this article shall be required of any public agency entitled to exemption
therefrom pursuant to section 6103 of the
Government Code of the state.
(Ord. No. 92, § 13)
If the applicant for a permit under this article complies in
all respects with this article and with all other applicable laws,
rules, regulations or ordinances of the city, or of any other public
agency, and pays the fees and deposits required by this article, and
said permit is not being issued for purposes of excavation in a street
that has been constructed, reconstructed, or resurfaced within the
previous 36 months, or the permit for street excavations, for emergency
repairs or new development access to underground street utilities,
then the director of public works shall approve the application and
issue the permit.
Permits applied for under this article for purposes of excavation
in a street that has undergone construction, reconstruction or resurfacing
within the thirty-six-month period preceding the date of the permit
application, shall be considered discretionary and subject to the
approval of the city council, unless the applicant complies in all
other respects with this article and with all other applicable laws,
rules, regulation or ordinances of the city, or of any other public
agency, and the permit is for an emergency repair or new development
access to underground street utilities, in which case the permit shall
be issued by the director of public works.
The city council may authorize said discretionary permits under
the following criteria:
(1) The
applicant can demonstrate that the requested permit for excavation
of a street is immediately required for the general health, safety,
and welfare of the city, and as such can not be delayed until the
permit moratorium has expired; and
(2) The
applicant requesting the permit can demonstrate that alternatives
to excavating the street under the permit moratorium such as alternative
routing, or construction methods including boring or excavation of
the parkway, are not possible.
Notwithstanding any other section under this article said city
council approval of said discretionary permit may include special
conditions, fees and deposits reasonably required to allow the issuance
of said permit.
|
(Ord. No. 92, § 14; Ord. No. 970, § 1, 8-25-97)
Any permit issued pursuant to this article shall be subject
to the following conditions which shall be stated thereon:
(a) The
permit shall be kept at the site of the work and shall be shown on
demand to any authorized representative of the city or any law enforcement
officer.
(b) The
permit shall authorize work to be performed only as to such portion
of the highway over which the city has jurisdiction.
(c) All
work shall be performed in accordance with the provisions of this
article and of all applicable laws, rules and regulations of the city,
and any other public agency, and to the satisfaction of the director
of public works.
(d) The
permit shall be nontransferable.
(e) The
director of public works may cancel the permit unless the work authorized
therein is commenced within 60 days of the issuance of the permit
and thereafter, in the opinion of the director of public works, is
diligently prosecuted to completion. Cancellation may be effected
by giving written notice thereof by sending the same to the applicant
by ordinary mail to the address shown on the application.
(f) Either
at the time of the issuance of the permit or at any time thereafter
until the completion of work, the director of public works may prescribe
such additional conditions as he may deem reasonably necessary for
the protection of the highway or for the prevention of undue interference
with traffic or to assure the safety of persons using the highway.
(Ord. No. 92, § 15)
A permittee under this article shall not make or cause to be
made any excavation; or construct, place upon, maintain or leave any
obstruction or impediment to travel; or pile or place any material
in or upon any highway; or install or maintain or cause to be installed
or maintained any tank, pipe, conduit, duct or tunnel in, upon or
under the surface of any highway at any location; or in any manner
other than that described in the application for such permit as approved
by the director of public works, or contrary to the terms of the permit
or of any provision of this article.
(Ord. No. 92, § 16)
Excavation of pavement or surfacing on an arterial highway (as
shown on the master plan of highways) and determined by the director
of public works as having been improved with plant mixed surfacing
or Portland cement concrete pavement, will be permitted only when
physical conditions make boring or tunneling impossible. All boring
and tunneling and placing conduits, casings and pipelines shall be
done in such a manner that the existing driving lanes will not be
disturbed. If a casing is installed to receive the conduit or pipeline,
all voids between the casing conduit shall be filled with grout or
sand.
(Ord. No. 92, § 18)
All pipes and conduits laid parallel to the roadway pursuant
to work under this article shall be placed at least five feet from
the edge of the pavement or graded traveled roadway, unless otherwise
authorized in writing by the director of public works. The shallowest
portion of any pipeline or other facility shall be installed not less
than thirty inches below the roadway surface.
(Ord. No. 92, § 22)
Trenching for installation pursuant to this article across any
intersecting roadway open to traffic shall be progressive. Not more
than one half of the width of a traveled way shall be disturbed at
one time and the remaining width shall be kept open to traffic by
bridging or backfilling.
All approaches to private driveways and intersecting highways
and streets shall be kept open to traffic at all times.
More than one half of the width of a traveled way shall be disturbed
at one time only upon the prior authorization by minute order of the
city council.
(Ord. No. 92, §§ 21,
23)
A permittee under this article shall take adequate precautions
for the protection of the traveling public. Barricades, red lights
and warning signs, together with flagmen where necessary, shall be
maintained until the excavation is refilled, the obstruction removed
and roadway is safe for the use of the traveling public. The director
of public works may specify, as a condition of the issuance of the
permit, the safety devices or measures to be used by the permittee,
but the failure of the director of public works to so specify the
devices or measures to be used shall not relieve the permittee of
his obligation under this section.
(Ord. No. 92, § 27)
Immediately upon completion of any work necessitating excavation
or obstruction, authorized by any permit issued pursuant to this article,
the permittee shall promptly and in a workmanlike manner refill the
excavation or remove the obstruction to the satisfaction of the director
of public works.
If any permittee fails or refuses to refill any excavation which
he has made or remove any obstruction which he has placed on any highway
the director of public works may do so and the applicant shall promptly
reimburse the city the cost thereof.
(Ord. No. 92, § 17)
All backfill replaced in excavations under this article, within
the road right-of-way, shall be compacted until the relative compaction
within six feet of the top surface is not less than ninety percent
and below six feet is not less than the adjacent undisturbed soil
as determined by the relative compaction test specified in section
6, article b-21 of the state standard specifications.
Clayey material shall be defined as a soil containing more than
thirty percent of material which will pass a No. 200 mesh screen.
Clayey material replaced as backfill may not be ponded or jetted,
but shall be compacted as specified under general compaction requirements
by any other suitable method providing the material is first conditioned
by wetting or drying to within two percent of optimum moisture content.
In lieu of backfilling with clayey material, the permittee at
his option may elect to furnish sandy or granular material less than
thirty percent of which will pass a No. 200 mesh screen, in which
case compaction may be obtained as specified under general compaction
requirements.
(Ord. No. 92, § 23)
The director of public works may, either at the time of the
issuance of a permit pursuant to this article, or at any time thereafter,
elect to do the resurfacing or repair of any highway surface removed
or damaged by the proposed excavation or obstruction pursuant to a
permit under this article.
(Ord. No. 92, § 8)
After completion of the refilling and compacting of the backfill material in an excavation as specified in section
24-26, and the removal of an obstruction, pursuant to this article, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction or construction operations, as specified in this article, to the satisfaction of the director of public works; or the director of public works may at his option elect to do the surfacing or repairing himself.
Where the pavement (except Portland cement concrete pavement)
or surface has been removed, the permittee shall replace it with a
standard repair consisting of either five inches of plant mixed surfacing
or three inches of plant mixed surfacing over six inches untreated
rock base; except, that the standard repair shall not be less in total
thickness than the adjacent pavement or surfacing and road-mixed surfacing
may be repaired with three inches of plant mixed surfacing in lieu
of the standard repair. Plant mixed surfacing shall consist of mineral
aggregate and liquid asphalt, grade SC-6 or grade 200-300 penetration
paving asphalt. If Portland cement concrete pavement is removed, it
shall first be sawed at the neat lines of the excavation and subsequently
replaced with Portland cement concrete.
If the surfacing or pavement within the driving lanes of an
arterial highway (as shown on the master plan of highways) and determined
by the director of public works as having been improved with plant
mixed surfacing or Portland cement concrete is removed or damaged
by parallel construction operations, the existing surfacing or pavement
of the width of the driving lane for the length of the damaged surfacing
shall be removed and replaced; except, that such a removal and replacement
shall in no case be less than one hundred feet in length.
All materials and construction operations shall conform to the
applicable provisions of the city standard specifications.
(Ord. No. 92, § 18)
If after the refilling of an excavation a permittee under this article fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the director of public works has elected to do such resurfacing or repairing, the director of public works shall do so and the permittee shall be charged with the cost thereof computed by the director of public works as provided in section
24-13 or section
24-32, whichever, in the judgment of the director of public works, will most fairly compensate the city for the expenses incurred by it.
(Ord. No. 92, § 19)
After any work under this article has been completed, all debris
and excess material from the excavation and backfill operations shall
be removed from the right-of-way and the roadway left in a neat and
orderly condition.
All roadside drainage ditches shall be restored to the original
grades and the inlet and outlet ends of all culverts shall be left
free and clear.
Excess and nonsurfacing materials which adhere to roadway surfacing
as a result of construction operations shall be removed by approved
methods to the satisfaction of the director of public works.
(Ord. No. 92, § 23)
If, at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway pursuant to a permit under this article, it becomes necessary again to repair such surface due to settlement, or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the city the cost of such additional repairs made by the director of public works. The cost shall be computed by the director of public works as provided in section
24-13 or section
24-32, whichever, in the judgment of the director of public works, will most fairly compensate the city for the expenses incurred by it.
(Ord. No. 92, § 20)
Whenever in this article any costs are to be charged to any
permittee, and no other method for the calculation thereof is specified,
such cost shall be the actual cost, including the proportionate part
of the salaries, wages or other compensation of any deputy, employee
or consultant, plus the cost of overhead, not to exceed fifteen percent
of the total cost.
(Ord. No. 92, § 12)