It shall be unlawful to construct any street work in any street
or alley in the City, to place any obstruction upon the surface thereof
or to change the surface or grade of any such street or alley without
first obtaining an encroachment permit from the Public Works Director,
and completing such work in the manner required by the permit and
to standards of design and construction adopted by the City. Subdivisions
shall be deemed to fall within the requirements of this Chapter.
(Prior code § 2701)
A. No
encroachment permit under this Chapter shall be issued unless a written
application for the issuance of an encroachment permit is submitted
to the Public Works Director. The written application shall state
the name and address and principal place of business of the applicant,
the name and address and telephone number of the person responsible
or in charge of the work, the location and dimensions of the installation,
the purpose of the facility and the approximate time which will be
required to complete such work and remove waste material and debris.
B. When
a completed application for a permit is received by the Public Works
Department, the application shall be approved or denied by the Public
Works Director, or designee, within 60 days after the date of his
or her receipt.
C. An
application for a permit sought pursuant to this Chapter shall not
be complete until the applicant has complied with all requirements,
including any analysis required under the California Environmental
Quality Act (CEQA) and State CEQA Guidelines, and has paid the required
fee as established by a resolution of the City Council.
D. Any
permit shall be subject to any reasonable conditions or limitations
imposed thereon, to assure the elimination or avoidance of adverse
effects.
E. If
the applicant complies with every provision of this Chapter and with
all applicable provisions of this Code, the Public Works Director
may issue to the applicant a written permit to perform the work set
forth in the application. The application, when approved and signed
by the Public Works Director, shall constitute the permit.
F. An
extension of time may be granted by the Public Works Director for
good and sufficient reasons.
G. In
the event the Public Works Director denies an application for a permit,
the Director shall notify the applicant of the denial and furnish
to the applicant a detailed explanation of the reason(s) for the denial.
H. In the event an applicant wishes to appeal the Public Works Director's decision to deny an application or revoke a permit issued pursuant to this Chapter, the decision may be appealed to the City Council by filing a notice of appeal in accordance with the requirements of Chapter
1.32 of this Code.
(Prior code § 2702; Ord. 1589(13) § 3; Ord.
1673(20) § 31)
Permit fee based on the application shall be charged by the
City for issuance of an encroachment permit according to a resolution
of Council establishing such fees.
(Prior code § 2703)
No permit for street work shall be given involving sidewalk installation unless the provisions of Sections
12.20.040 through
12.20.110 and
12.24.010 through
12.24.030, where applicable, are complied with.
(Prior code § 2704)
An application for an encroachment permit under this Chapter,
when approved and signed by the Public Works Director, shall constitute
the permit. The permit shall expire after 60 days unless the work
has been commenced.
(Prior code § 2706)
A copy of the permit as issued under this Chapter shall be filed
with the Public Works Director. All work pursuant to such permit shall
be completed to the satisfaction of the Public Works Director.
(Prior code § 2707)
Upon the issuance of a permit for the construction of any curbs,
gutters, sidewalks or driveways, except in subdivisions, the proper
location and elevation thereof will be established by the City Engineer,
who will cause alignment and grade stakes to be set therefor. It shall
be unlawful for any person to move, alter, damage or deface any such
stakes without the express permission of the City Engineer or his
or her duly appointed representative. No charge will be made for the
placing by the City of such grade and alignment stakes, provided,
that should it be necessary for any reason to have the stakes reset,
a charge of ten dollars per stake will be made therefor.
(Prior code § 2708)
During the time any obstruction to traffic in the street exists
by reason of an encroachment under this Chapter, or while the work
done under an encroachment permit progresses, the permittee shall
take sufficient precautions to protect the public from any harm by
proper use of barricades and lights. Barricades shall be placed at
every point of danger, as determined by the Public Works Director.
Lights shall be at each end and along the sides not more than 25 feet
apart, during the hours between dusk and sunrise. The permittee shall
take appropriate measures to assure that during the performance of
the work, traffic conditions as nearly normal as possible shall be
maintained at all times and to minimize inconvenience to the occupants
of the adjoining property and to the general public.
(Prior code § 2710)
This Chapter shall not be construed as imposing upon the City
or any City official or employee any liability or responsibility for
damages to any person injured by the performance of any work for which
a permit is issued under this Chapter, nor shall the City or any City
official or employee thereof be deemed to have assumed any such liability
or responsibility by reason of inspections authorized, the issuance
of any permit or the approval of any work.
(Prior code § 2713)