No person shall paint, mark, inscribe, or affix upon any publicly
owned or controlled curb, parkway or street any address number without
first obtaining a permit therefor from the city engineer. The term
"address number," as used in this chapter, shall mean the address
number assigned to any property regardless of whether such property,
or any use thereof, is residential, commercial, industrial or otherwise.
(Code 1980, § 8.36.010; Ord. No. 807, § 1, 2-18-2009)
Any application for an encroachment permit to paint address
numbers on any public curbs shall be signed under penalty of perjury
and filed with the city engineer or designee ("city engineer" herein),
and shall include the following:
A. The
name and business address of the applicant. If the applicant is a
partnership, the application shall state the name and address of each
of the general partners. If the applicant is a corporation, the application
shall state the name and address of the president of the corporation.
If the applicant is a joint venture, the application shall state the
name and address of each of the joint venturers.
B. A description
of the area of the city to be serviced within the permit period and
the amount of the donation to be requested per address number.
C. The
names and addresses of each person who will do the painting.
D. The
names, home addresses and dates of birth of each person who will make
door-to-door solicitations or collections of donations for such services.
The applicant will also state whether or not any such person is registered
or required to register as a sex offender pursuant to
Penal Code § 290,
or within the previous ten years has been convicted of any felony
involving bodily injury to another or theft from any residence.
E. A signed
agreement to indemnify, defend and hold the city, its elected officials,
officers and employees free and harmless with respect to all claims
and liabilities arising out of the applicant's activities in connection
with or pursuant to the address painting permit.
F. A completion
bond or cash deposit in the amount of $250.00 to guarantee completion
of any of the work in compliance with this chapter.
(Code 1980, § 8.36.020; Ord. No. 807, § 1, 2-18-2009)
A. Upon
the filing of an application, the city engineer shall have five business
days to determine whether the application is complete. If the application
is determined to be incomplete, the city engineer shall, within two
business days following such determination, give written notice by
mail or personal delivery to the applicant advising that the application
is incomplete and stating the information needed to complete the application.
B. Upon
determination that the application is complete, the city engineer
shall conduct an appropriate investigation, including consultation
with the police, fire, code enforcement and planning departments and
inspection of the premises, as needed. Within 45 days after receipt
of a completed application, the city engineer shall issue the permit
unless he or she finds that the applicant has provided false information,
or that any person who will make door-to-door solicitations or collections
of donations on behalf of the applicant is registered or required
to register as a sex offender pursuant to
Penal Code § 290,
or within the previous ten years has been convicted of any felony
involving bodily injury to another or theft from any residence. Written
notice of such denial and the reasons therefor shall be mailed to
the applicant. Any permit issued shall be valid for no longer than
90 days.
(Code 1980, § 8.36.030; Ord. No. 807, § 1, 2-18-2009; Ord. No. 870 (Recodification),
2014)
A. All
curb house numbers shall be of size, color and style conforming to
specifications approved by the city engineer and on file in the engineering
department of the city.
B. Reflective
masonry paint shall be used for all numerals and background and shall
meet or exceed the curb paint specifications approved by the city
engineer and on file in the engineering department of the city. Proof
of compliance with this requirement shall be provided to the city
engineer prior to commencement of curb painting.
C. All
numerals shall be located on the curb face not more than one inch
from the top of the curb.
(Code 1980, § 8.36.040; Ord. No. 807, § 1, 2-18-2009)
A permit issued pursuant to this chapter shall specify, by street
and block numbers, the area of the city to be solicited for the painting
of address numbers. The proposed service area shall be approved by
the city engineer prior to issuance of the permit. No permit shall
be authorized for a service area greater than can reasonably be serviced
by the permittee within the period the permit is valid and no more
than one permit shall be issued for any one time period for any proposed
service area. No permit shall authorize any service area for which
an address painting permit has been issued within the previous two
years.
(Code 1980, § 8.36.050; Ord. No. 807, § 1, 2-18-2009; Ord. No. 870 (Recodification),
2014)
A. Prior
to painting the address number upon the curb of any property, the
person or company providing such service shall provide written notice
to the owner, manager, or occupant of the property stating that it
is the intention of such person or company to repaint the address
number upon the curb of such property. The notice shall be approved
in advance and in writing by the city engineer. The notice shall be
delivered in person or by mail to the property, not less than three
business days prior to the date such address painting will or is proposed
to occur. Such notice shall state:
1. The
amount of any suggested donation for such service and shall provide
a reasonable means by which the owner, manager or occupant of the
property may reject such service or payment therefore;
2. That
whether or not to accept the service and make a donation, including
the amount of any donation, is strictly voluntary and that failing
to reject the service does not create any binding obligation for payment;
3. That
the person or business providing the notice has a city permit to provide
address numbering service, but such service is not sponsored by or
affiliated with the city; and
4. The
permittee's business address, telephone number and full business name.
B. The
required notice shall be delivered only during daylight hours and
shall be placed at or around the front entrance, and shall not be
deposited in any mailbox, on any vehicle or in any yard.
C. All
persons delivering notices, soliciting donations and/or painting address
numbers pursuant to this chapter shall at all times wear a name tag
stating the permittee's business name and address, and the bearer's
actual name.
D. No address
shall be painted nor solicitation therefore shall be made unless such
address is set forth in a one-month summary of addresses to be painted
and provided to the city engineer at least one week prior to the date
such painting is to occur.
E. No person
shall paint the address number or anything else upon the curb of any
property, nor solicit any payment or donation from the owner, manager
or other occupant of any property, where the address painting service
for such property has been rejected as provided herein.
F. No person
shall solicit donations for the painting of address numbers in excess
of the amount stated in the written notice delivered to the property
in accordance with this chapter. In soliciting such donations, no
person shall trespass or remain upon any private property after being
requested by the owner or an occupant of the premises to depart from
the property or after any request for a donation has been denied.
After being requested to depart from private property following any
such solicitation or after being denied any request for a donation,
no person shall threaten, coerce or otherwise intimidate any owner,
manager or other occupant of the property.
G. Each
permittee shall maintain written records of all donations received
and address numbers painted, and all denials or rejections of address
painting services, and shall make the same available for review by
the city during normal business hours at the permittee's business
address, for not less than one year after provision of each of notice
of intent to paint the address.
(Code 1980, § 8.36.060; Ord. No. 807, § 1, 2-18-2009; Ord. No. 870 (Recodification),
2014)
A. Revocation
notice. The city engineer shall be authorized to revoke any permit
for noncompliance with any term, condition or regulation specified
in this section or for failure to perform such services within the
time period of the permit. Unless immediate suspension pending a hearing
is deemed necessary in order to protect the public from a real and
immediate risk of harm, then not less than five business days prior
to the effective date of any such revocation a notice of revocation
containing the reasons therefor shall be provided to the permittee
by first class mail or personal delivery to the business address specified
in the permit application. Any permittee aggrieved by such revocation
may appeal such action to the city manager or designee thereof ("city
manager") at any time prior to the effective date of such revocation,
by filing a letter of appeal with the city engineer. The letter of
appeal must actually be timely received by the city engineer to be
effective.
B. Appeal. Any timely filed letter of appeal shall contain a concise explanation of the grounds for such appeal. Upon receipt of a timely appeal in compliance with this section, the effective date of any revocation shall be stayed during the appeal process, unless immediate suspension pending a hearing is deemed necessary pursuant to subsection
A of this section. Within ten business days following the date of such timely appeal, the city manager shall hold a hearing at a date and time set forth in a notice given to the permittee by first class mail or personal delivery not less than three business days prior to the hearing date. Within ten business days following completion of the hearing, the city manager shall issue a written decision and shall provide the same to the permittee by first class mail or by personal delivery. Said decision shall be final and shall become effective upon the earlier of either:
1. The
third day following the date of deposit in the U.S. mail, first-class,
postage prepaid, to the permittee if the decision is mailed; or
2. The
date of personal delivery thereof to the permittee.
(Code 1980, § 8.36.070; Ord. No. 807, § 1, 2-18-2009; Ord. No. 870 (Recodification),
2014)
Any person violating any provision of this chapter shall be
guilty of an infraction.
(Code 1980, § 8.36.080; Ord. No. 807, § 1, 2-18-2009)