The ordinance codified in this chapter shall be known and may
be cited as the encroachment ordinance of the city.
(Ord. 89 § 1, 1975)
The purpose of this chapter is to establish regulations to control
encroachments into public places by requiring encroachment permits
and to establish measures for the protection of life and property;
including traffic and pedestrian safeguards. Additionally, this chapter
regulates backfilling and resurfacing of excavations, prescribes application
procedures for permit issuance, establishes bonding and liability
requirements and prescribes penalties for violations of its provisions.
(Ord. 89 § 3, 1975; Ord. 446 § 2, 1989)
Before any encroachment, excavation or construction of a facility
is undertaken in any public place or new construction of a facility
is undertaken in private rights-of-way, the owner of the facility
is the owner of the facility involved, or his authorized agent, shall
first obtain an encroachment permit from the administrative authority
except as may be otherwise provided in this chapter.
The administrative authority may issue an annual blanket permit
to utilities for purposes of placing, replacing or repairing facilities
within a public place in an unimproved area or where the opening or
excavation in a paved area does not exceed two feet in width and three
feet in length.
(Ord. 89 § 4, 1975; Ord. 446 § 2, 1989)
A.
An
application form, provided by the administrative authority, shall
be submitted before any encroachment permit is issued. The application
shall state the name and address and principal place of business of
the applicant, the purpose of the facility, the location and dimensions
(where applicable) of the installation or removal, the size of the
excavation to be made, the approximate time when work will begin,
and the approximate time required to complete the work; including
removing all obstructions, material and debris, backfilling, compacting
and placing permanent resurfacing and/or replacing improvements. A
permit expiration date may be established by the administrative authority.
Additionally, the permittee shall give the administrative authority
twenty-four hours' advance notice when work will be started.
B.
Adjustments
to these conditions may be granted by the administrative authority
for good and sufficient reasons. To protect the safety and convenience
of the public, the administrative authority may establish special
conditions on any permit issued.
C.
This
chapter empowers the administrative authority with the right to cancel
any permit upon violation of this chapter or the conditions of the
permit.
D.
When
approved and signed by the administrative authority, the application
shall constitute a permit. Whenever significant changes or modifications
are made to existing facilities, the permittee shall secure written
approval from the owner of the facility and an addendum to the original
encroachment permit from the administrative authority.
(Ord. 89 § 5, 1975; Ord. 100 § 85, 1976)
The administrative authority may collect a permit fee to cover
the cost incurred by the city pursuant to the provisions of this chapter.
Recoverable costs include administrative expenses involved in the
issuance of an encroachment permit, checking plans for compliance
with this and other ordinances and field inspections conducted to
insure compliance with the terms and conditions under which the encroachment
permit was issued. Fee schedules may be established by resolution
of the city.
(Ord. 89 § 6, 1975; Ord. 446 § 2, 1989)
The permittee shall indemnify, defend and save the city, its
authorized agents, officers, representatives, and employees, harmless
from and against any and all penalties, liabilities or loss resulting
from claims or court action and arising out of any accident, loss
or damage to persons or property happening or occurring as a proximate
result of any work undertaken under the permit granted pursuant to
this chapter.
Additionally, the permittee shall be responsible for all liability
imposed by law for personal injury or property damage caused by work
performed under the encroachment permit or caused by failure on the
permittee's part to perform his maintenance obligations under such
permit.
If any liability claim is made against the city, its officers
or employees, the permittee shall defend, indemnify and hold them,
and each of them, harmless from such claim insofar as permitted by
law. The administrative authority may require proof of financial responsibility
to meet the permittee's obligation under this section. An insurance
policy, acceptable to the city and naming the city as an additional
insured, may meet the requirements of this section.
(Ord. 89 § 8, 1975; Ord. 446 § 2, 1989)
If required by the administrative authority, the permittee shall
provide a cash deposit surety bond and other acceptable security in
the amount determined by the administrative authority as sufficient
to reimburse the city for the costs of restoring the public place
to its original condition in the event the permittee fails to do so.
(Ord. 89 § 9, 1975; Ord. 446 § 2, 1989)
A.
It
is the duty of every person undertaking any construction, including
making an excavation in or upon any public place, to place and maintain
barriers and warning devices necessary for safety of the general public.
B.
For
excavations over five feet in depth, blasting operations and tunneling
work, the permittee shall, when required by law, obtain a permit from
the California Division of Industrial Safety and/or any other permit
required by state or Federal Safety regulations.
C.
Barriers,
warning signs, lights, etc., shall conform to the requirements of
the Manual of Warning Signs, Lights and Devices for Use in Performance
of Work Upon Highways, issued by the state of California, Department
of Transportation, and to any additional requirements specified by
the administrative authority. Warning signs shall be placed as prescribed
in Article 402 of the Traffic Manual, issued by the state of California,
Department of Transportation.
D.
The
permittee shall take appropriate measures to assure that during the
performance of construction work on streets, traffic conditions as
nearly normal as practicable shall be maintained at all times so as
to minimize inconvenience to the occupants of the adjoining property
and to the general public.
E.
When
traffic conditions permit, the administrative authority may, by written
approval, permit the closing of streets and alleys to all traffic
for a period of time prescribed by him. The written approval of the
administrative authority may require that the permittee provide approved
detours and give notification to various public agencies and to the
general public. In such cases, the written approval shall not be valid
until notice is given.
(Ord. 89 § 10, 1975; Ord. 446 § 2, 1989)
Underground utility lines to be installed in new or existing
city streets shall be located in a position approved by the city engineer.
(Ord. 89 § 11, 1975; Ord. 100 § 84, 1976; Ord. 446 § 2, 1989)
The construction work shall be performed and conducted so as
to not unreasonably interfere with access to fire hydrants, fire stations,
fire escapes, watergates, underground vaults, valve housing structures,
and all other vital equipment designated by the administrative authority.
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(Ord. 89 § 12, 1975; Ord. 446 § 2, 1989)
Permittees shall inform themselves as to the existence and location
of all facilities likely to be encountered by their operations.
Unless the law otherwise provides, relocation of an existing
facility shall be performed in accordance with a plan approved by
the owner. No facility owned by the city shall be moved to accommodate
the permittee unless the cost of such work is borne by the permittee.
All facilities affected by any excavation or other construction
work shall be supported and protected by the permittee with methods
approved by the owner of the facility. Should an existing facility
be damaged by the permittee's operations, and for this purpose pipe
coating or other encasement or devices are to be considered as part
of a facility, the permittee shall promptly notify the owner of the
damaged facility. All facilities damaged by the permittee's operations
shall be repaired as directed by the owner and the expense of such
repairs shall be charged to the permittee.
(Ord. 89 § 13, 1975; Ord. 446 § 2, 1989)
Whenever a substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person owning,
using, controlling or having an interest therein, shall file with
the administrative authority a drawing or written statement indicating,
in detail, the location of the substructure so abandoned. At the time
of such abandonment, the administrative authority may determine what
portion, if any, of the abandoned substructure shall be removed or
otherwise treated.
Whenever a driveway approach is abandoned, or can no longer
be justified by the use made of the abutting property, the administrative
authority may require removal of any associated driveway, apron or
curb depression and restoration of any existing curb, gutter or sidewalk
across the driveway width.
(Ord. 89 § 14, 1975; Ord. 446 § 2, 1989)
Where the confines of any area being excavated are too narrow
to permit piling of excavated material beside the trench, the administrative
authority may require the permittee to haul away the excavated material.
The permittee shall be responsible for securing any necessary disposal
sites. In addition, the permittee shall anticipate, and make provisions
for abatement of, dust and dirt nuisances resulting from its operations.
(Ord. 89 § 15, 1975; Ord. 446 § 2, 1989)
As the excavation or other construction work progresses, all
streets shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from the work. All clean-up operations
at the location of the construction shall be accomplished at the expense
of the permittee to the satisfaction of the administrative authority.
(Ord. 89 § 16, 1975; Ord. 446 § 2, 1989)
The permittee shall provide and maintain adequate waterways
for all surplus water; including stormwater, runoff pumped from excavations,
flushings or other water resulting from the permittee's operations.
(Ord. 89 § 17, 1975; Ord. 446 § 2, 1989)
Asphalt Pavement. Asphalt pavement shall be saw cut unless an
alternate method is approved by the administrative authority.
Concrete Sidewalk, Curb, Gutter and Cross-Gutter. All concrete
facilities shall be saw cut. The depth of cut shall be a minimum of
one-third of the thickness of the material being cut.
Sidewalks, curbs, gutters and cross-gutters shall be cut on
and removed to the nearest joint or score line. In the absence of
lines and joints, the area to be cut and removed will be determined
in the field by the administrative authority, or his agent.
(Ord. 89 § 18, 1975; Ord. 446 § 2, 1989)
Utility lines and conductor casings in public streets shall
be installed by boring and/or jacking when the public street has been
improved, paved, widened, or constructed in the previous five years
and may be required by the administrative authority to be installed
by boring and/or jacking in other public streets.
All nonrigid, nonmetallic pipe larger than three inches shall
be installed in a conductor casing.
All metallic and nonmetallic pipe three inches and under may
be installed without a conductor casing.
(Ord. 89 § 19, 1975; Ord. 446 § 2, 1989)
Unless otherwise approved by the administrative authority, the
minimum cover of substructures shall be as follows:
A.
Streets
and alleys: Thirty inches below the established flow line of the nearest
gutter; or
If a flow line is not established, then the depth shall be at
a minimum of forty-eight inches below the surface of the nearest outermost
edge of the travelled portion of the street.
(Ord. 89 § 20, 1975; Ord. 446 § 2, 1989)
Backfilling shall consist of placing and compacting excavated
or imported backfilling material in an excavation. Compaction to a
relative density of ninety-five percent shall be reached in the top
twelve inches of soil below base material. Compaction to a relative
density of ninety percent shall be reached up to the ground surface
at all other public places. Base material shall be compacted to a
relative density of ninety-five percent. Asphalt concrete material
shall be compacted to a relative density of ninety-five percent. Compaction
tests by an approved soils laboratory or engineer may be required
at the permittee's expense to assure compliance with this section.
(Ord. 89 § 21, 1975; Ord. 446 § 2, 1989)
A.
Concrete
Sidewalk, Curb, Gutter and Cross-gutter. All concrete facilities shall
be replaced at the same cross-section thickness as that removed except
that sidewalks shall be a minimum of four inches thick, driveways
and gutters six inches thick, and cross-gutters eight inches thick
or as required by the adopted standards of the administrative authority.
B.
Asphalt
Pavement. All trenches within existing paved roads shall be provided
with temporary surfacing of a minimum of three-inch thickness, unless
the permittee immediately installs permanent resurfacing. Temporary
paving shall be properly maintained until permanent surfacing is placed.
Prior to placement of permanent pavement, edges shall be sawcut
to a vertical face. Permanent asphalt concrete shall be less than
four inches thick. The pavement shall be placed so that the finished
surface, after compaction, is level with or does not exceed a maximum
of one-fourth inch above the existing pavement and does not overlap
onto the existing pavement. The pavement shall be installed in two
lifts.
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If over fifty percent of a street is destroyed, the administrative
authority may require a structural overlay of the entire street.
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(Ord. 89 § 22, 1975; Ord. 446 § 2, 1989)
The maximum amount of open trench to be allowed shall not exceed
five hundred feet or less as determined by the administrative authority.
(Ord. 89 § 23, 1975; Ord. 446 § 2, 1989)
After a project is commenced, the permittee shall diligently
pursue all work covered by the encroachment permit, promptly complete
all work and restore the street, as nearly as practicable, to its
original condition to avoid obstructing the public place more than
is reasonably necessary.
(Ord. 89 § 24, 1975; Ord. 446 § 2, 1989)
