For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:
"Director"
means the city manager, acting personally or through his authorized designee who has been appointed to administer the city's program of regulating and controlling encroachments.
"Encroach" or "encroachment"
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:
1. 
Excavating or tunneling within, or otherwise disturbing the right-of-way;
2. 
Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform or other structure on or over or under the right-of-way;
3. 
Planting any tree, shrub, grass or other growing thing within the right-of-way;
4. 
Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatever;
5. 
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;
6. 
Lighting or building a fire;
7. 
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;
8. 
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 the subject is regulated elsewhere in this code.
"Permittee"
means any person that proposes to do work or encroach upon a public highway as defined in this code and has been issued a permit for such encroachment by the director.
"Public street"
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.
"Right-of-way"
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 and highway purposes.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
No persons 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, or 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 place on, over or under such right-of-way any pipeline, 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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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 establish the exact location, dimensions, duration and purpose of the proposed use or encroachment.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
The permittee shall be responsible for all liability imposed by law for personal injury or property damage 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. For any project in which construction, trenching, tunneling, or any other activity physically disturbs or obstructs sidewalks or any part of the public street or highway right-of-way actually used by the public, or is likely to undermine or destabilize any part thereof, permittee shall, prior to the commencement of construction, provide to the City a certificate of insurance evidencing liability and property damage insurance in policy limits of not less than $100,000 per person, and $500,000 per accident or occurrence, which certificate shall also name the City as an additional insured. The insurance shall be with an insurance company licensed to do business in the state. The permit shall be withheld until the insurance certificate is provided. Upon advice from the City Engineer that significant risk of loss may arise from particular operations proposed, the Director may require that the amount of insurance to be provided by the permittee be set at a level higher than that specified herein, provided that no insurance in excess of One Million Dollars ($1,000,000) for a single person, or in excess of Three Million Dollars ($3,000,000) per occurrence shall be required from any permittee as a condition. The Director may authorize utility companies and local governmental entities to provide a long-term certificate covering any such operations by the insured within the City. The insurance provisions of this section shall not apply to contracts for public works of improvement entered into by the City, as provided in Government Code Section 53080.
(Ord. 15 § 1, 1982; Ord. 190 § 1, 1987)
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 a 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 schedules established and adopted by the city council.
B. 
Public utilities may, at the director's option, make payment for the charges described in subsection A of this section as billed by the city instead of advance deposit as required in subsection A.
C. 
Fees for administrative issuance of encroachment permits shall not be charged to public agencies. Inspection charges related thereto will not be required of any public agency which does not levy inspection charges to the City of Cathedral City in relation to the construction of public improvements by or for the City. The City Engineer is authorized to determine which public agencies, if any, will be exempt from fees under this provision.
(Ord. 15 § 1, 1982; Ord. 184 § 1, 1987)
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.
(Ord. 15 § 1, 1982)
The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety 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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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 conditions, 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 state.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
A. 
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 conditions 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.
B. 
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 a 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.
(Ord. 15 § 1, 1982)
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 statutes 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 the permittee or other person or entity.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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 the specifications.
(Ord. 15 § 1, 1982)
Resurfacing of excavations and trenches shall be accomplished as follows:
A. 
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 driveway. 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 specification for public works construction.
B. 
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 a permanent resurfacing within the time specified in this subsection, a code violation notice may 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 Contractor's State License Board, for suitable enforcement or disciplinary proceedings.
(Ord. 15 § 1, 1982)
A. 
Clearance 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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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.)
(Ord. 15 § 1, 1982)
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 the mailbox and its placement comply with the rules and regulations of the United States Postal Service, and also the following regulations:
A. 
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 the traveling public or inhibit the flow of vehicular traffic, irrespective of when such situation should first come into existence.
B. 
No box for delivery of mail shall be placed or maintained over or within any sidewalk.
(Ord. 15 § 1, 1982)
A. 
Official signs of any public or governmental agency, such as traffic regulating signs, trespassing signs, signs indicating danger, equestrian trail designation signs, signs providing directions to public services or facilities, signs providing direction to hospitals or emergency health clinics, or signs used as aids to service or safety are permitted and are exempt from the provisions of this chapter, provided their location is at all times approved by the city engineer.
B. 
Privately financed signs that provide overall community service such as city entrance signs and crime prevention watch groups may be permitted upon approval of the city council provided the signs will not cause safety problems or conflict with on-site signs or nearby uses.
C. 
Off-site directional signs consisting of panels listing the names of residential tracts or developments where the original sale of new homes is being conducted and major commercial projects, i.e., hotels with fifty or more rooms, restaurants with seating for two hundred persons or more, convention centers, auto malls with three or more individual dealers and shopping centers covering twenty acres or more, shall be permitted within the public right-of-way, provided they are erected as a part of a city sanctioned directional sign program and by the individual(s) a party to such an agreement with the city which details the design criteria and other limitations and restrictions of the program and subject to the following:
1. 
An encroachment permit shall be obtained;
2. 
There shall be only one of such sign per quadrant of a street intersection;
3. 
A sign shall not be allowed in any location which causes or tends to cause any conflict with the safety of vehicular traffic or pedestrian traffic;
4. 
No sign shall be permitted beyond two miles of the project it advertises;
5. 
The sign message shall advertise the project only, together with a directional arrow;
6. 
A sign may advertise a project outside the city only if such project immediately abuts the city; and such sign shall be allowed for a maximum period of one year (subject to discretionary renewal or extension by the processing of a new permit).
D. 
Strictly prohibited, except as provided above, are signs sponsored by private individuals or organizations that provide directions to specific privately owned and operated commercial, industrial enterprises and facilities such as clubs, service organization meeting halls, churches, or other religious organizations.
E. 
Notwithstanding any provision to the contrary in this code or in the zoning ordinance of the city, bus shelters may be permitted within sidewalk and highway rights-of-way and may feature advertising signs therein, and shall be exempt from the provisions of this chapter, provided that any such shelter is erected pursuant to a contract or other written agreement between the city and another governmental entity, subject, however, to approval by the city engineer. The city engineer shall not grant his or her approval to a site location for any such shelter until the location and design of the shelter have been reviewed and approved by the architectural review committee.
(Ord. 144 § 5, 1987; Ord. 218 § 1, 1988; Ord. 384 § 2, 1993)
A. 
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.
B. 
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.
(Ord. 15 § 1, 1982)
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 conditions, 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.
(Ord. 15 § 1, 1982)
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 any 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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
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 monuments shall be at the expense of the permittee.
(Ord. 15 § 1, 1982)
A. 
For the purposes of this chapter, "publication vending machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.
B. 
No person shall install, place, use or maintain any publication vending machine in or on any right-of-way without first having obtained a permit as required by this chapter, or without such permit being in full force and effect.
C. 
No person who has installed, placed, used or maintained any publication vending machine in or on any right-of-way shall fail, refuse or neglect to comply with all standards and requirements specified in this chapter or in regulations duly adopted by the city manager pursuant to authority delegated by this chapter, nor shall any such person fail, refuse or neglect to comply with all terms and conditions of any applicable permit issued pursuant to this chapter.
(Ord. 15 § 1, 1982)
Every publication vending machine, or group of such machines, installed, placed, used or maintained in or on any right-of-way, shall conform at all times to each and all of the following standards:
A. 
No publication vending machine shall project onto, into or over any part of the roadway (as that term is defined by Section 530 of the Vehicle Code) of any public street or highway, nor shall any such machine rest, wholly or in part, upon, along or over any portion of such roadway.
B. 
No person shall install, place, use or maintain any publication vending machine when such installation, placement, use or maintenance endangers the safety of persons or property, or when the site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such publication vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location.
C. 
No publications vending machines shall exceed four feet in height, thirty inches in width, or two feet in thickness provided that stacking of machines may be allowed if adjacent to a building or mounted on a wall.
D. 
Publication vending machines shall be placed near a curb or adjacent to, or in a wall or a building. Such machines placed near the curb shall be placed no less than thirty-six inches from the edge of the curb unless it is marked red, and in that event no less than eighteen inches from the edge of the curb. Those machines placed adjacent to the wall of a building shall be placed parallel to such wall and not more than eighteen inches from the wall. No such machines shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines where placement will cause the effect of an alleyway. ("Parkway" for purposes of this chapter means that area between the sidewalks and the curb of any street or highway, and when there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area with a roadway which is not open to vehicular traffic.)
E. 
No publication vending machines shall be chained, bolted or otherwise attached to property not owned by the owner of the machine or to any permanently fixed object, unless the owner of the machine has first obtained the written permission of the owner of the object to which the machine is affixed.
F. 
Publication vending machines may be placed next to each other, provided they are uniform in nature and that no group of said machines shall extend more than twelve and one-half feet along the curb and a space of no less than three feet shall separate each group of machines where such grouping affects passageway. Groups of machines may be placed in "L" or "U" shapes where such grouping does not interfere with the flow of traffic.
G. 
Such machines may be chained or otherwise attached to one another.
H. 
No such machine permitted under subsection F of this section shall weigh, in the aggregate, in excess of one hundred fifty pounds when empty unless easily separable.
I. 
Notwithstanding any other provisions of this chapter, no publication vending machines shall be placed, installed, used or maintained:
1. 
Within five feet of any marked crosswalk;
2. 
Within fifteen feet of the curb return of any unmarked crosswalk;
3. 
Within five feet of any fire hydrant, fire callbox or any other emergency facility;
4. 
Within five feet of any driveway;
5. 
Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; feet;
6. 
Within six feet of any bus bench;
7. 
In any location whereby the cross space or the passageway of pedestrians is reduced to less than six
8. 
Within three feet of any area improved with lawn or flowers, or within three feet of any display window or any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
9. 
Within one hundred feet of any other such machines on the same side of the street within the same block containing the same edition of the same publication, unless the machine is immediately adjacent to the machine carrying the same edition and is necessary to satisfy greater market demand.
J. 
No such machine shall be used for advertising signs or publicity purposes other than dealing with the display, sale or purchase of the publications sold therein.
K. 
Each such machine shall be maintained in a clean, neat and attractive condition and in good repair at all times.
L. 
Should the regulations contained in subsections F, G and I of this section result in less space being available at a given location than would be necessary to accommodate all the applicants desiring to place machines thereat, then the priority for permit issuance shall be in the following order (provided that this is not intended to be authority to displace any existing permittee without such permittee's consent):
1. 
Newspapers carrying legal notices of the city;
2. 
Daily newspapers;
3. 
Weekly publications;
4. 
All other publications.
M. 
Each such machine shall have affixed thereto the dealer's and the owner's name and address in a place where it may be seen by anyone using the machine, in compliance with these and any other requirements of Section 17570 of the California Business and Professions Code.
(Ord. 15 § 1, 1982)
A. 
The city manager is empowered to adopt, and cause to be enforced, reasonable standards and regulations (not inconsistent with this chapter) to implement the provisions and purposes of this chapter, based upon street and pedestrian traffic requirements, access to parking places and facilities, and public safety, health and welfare. This includes authority to promulgate standards for uniformity of design and appearance of machines for which permits will be issued, in an effort to minimize adverse visual aspects and other detriments to the public interest.
B. 
The city manager is further empowered to adopt a reasonable program for fixing times for compliance by present users who are nonconforming with respect to possessing permits or being in compliance with this chapter or the standards and regulations to be adopted in implementation, with a view to not causing nonconforming users to have to be in compliance at any earlier time than would be practically and economically reasonable in each individual case, while at the same time achieving the purposes herein sought at the earliest time which is legal and appropriate.
(Ord. 15 § 1, 1982)
No permit under this chapter for a publication vending machine shall be issued, nor be deemed in force and effect, unless the following items are complied with, and kept current as applicable:
A. 
Every applicant shall file a written statement (satisfactory to the city attorney) that he understands and agrees that upon a permit being issued the permittee assumes liability and "hold harmless" obligations as specified in Section 14.16.110 of this chapter.
B. 
Every applicant shall demonstrate that any required permit or license for the business activity involved has been issued or applied for. Thereafter the license shall be kept current as a condition of the permit remaining in effect.
C. 
Every applicant and permittee shall provide initially, and thereafter upon demand by the director, satisfactory evidence that he has, and will keep in force as long as the publication vending machine is allowed to remain on public property, a policy of public liability insurance against liability for injuries to persons or property arising out of accidents attributable to the publication vending machine(s) on city property, with limits of at least one hundred thousand dollars for injury or death to any one person, three hundred thousand dollars for injury or death arising from any one accident or occurrence, and ten thousand dollars for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the "hold harmless" liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty days notice in writing given to the city clerk of the city. Copies of these policies or certificates evidencing the same shall, after approval of the city attorney, be filed with the officer of the city in charge of the city's insurance program.
D. 
The bond requirement in Section 14.16.200 of this chapter may be waived by the director in any case when he deems it in the public interest to do so.
(Ord. 15 § 1, 1982)
Upon determination by the director that a publication vending machine has been installed, placed, moved, used or maintained in violation of any provision of this chapter, the following procedure may be utilized in lieu of, or in addition to, other available legal remedies (such as prosecution or public nuisance abatement). If the offending machine is not properly identified as to the owner, under the provisions of this chapter, and if its ownership is otherwise not apparent to the director, the machines shall be removed immediately and processed as unclaimed property (unless ownership is thereafter claimed and substantiated) under applicable provisions of law. In other cases, an order to correct the offending condition may be issued to the owner or custodian of the machine. Such order shall be telephoned (if practicable) to the owner or custodian and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct it. Failure to properly correct the offending condition within seven days after the mailing of the order may result in the offending machine being summarily removed. Thereafter the director shall take reasonable steps to notify the owner thereof. Upon failure of the owner to claim such machine and pay the expenses of removal and storage within thirty days after such removal, the machine shall be processed as unclaimed property under applicable provisions of law. Whenever a machine mentioned in this section has had a violation corrected, or has been reinstalled after removal under this section, the director shall cause an inspection to be made thereof, and the permittee shall be charged an additional inspection fee or fees in such amount or amounts as may have been established by resolution of the city council. Any person aggrieved by any action taken under this section shall have his rights of appeal per Sections 14.16.510 et seq. of this chapter. Upon the filing of any such appeal, if the city manager does not take action to adjust the matter to the appellant's satisfaction, the appeal shall be presented to the city council per the above-mentioned sections.
(Ord. 15 § 1, 1982)
In the case of violations of this chapter relative to restrictions upon attachment of the machines to property other than that owned by the owner of the machine, to fixed objects or to each other, and upon locations of the machines, any city employee authorized by the city manager may, as an alternative to removal under the provisions of this chapter, remove such attachment and/or move such machine or machines in order to restore them to a legal condition.
(Ord. 15 § 1, 1982)
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 Sections 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 director 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.
(Ord. 15 § 1, 1982)
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.
(Ord. 15 § 1, 1982)
After the corporation has in the first instance filed such map, as required in Section 14.16.480, it may thereafter in lieu of filing a new map each year revise the map on file so as to show changes and extensions.
(Ord. 15 § 1, 1982)
Each map or set of maps filed pursuant to the provisions of Sections 14.16.480 through this section 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.
(Ord. 15 § 1, 1982)
Any person aggrieved by the action of any administrative official of the city acting under this chapter may appeal such decision to the city council.
(Ord. 15 § 1, 1982)
Such aggrieved person as provided in Section 14.16.510 shall file notice of appeal in writing with the city clerk within seven days after final action of the administrative official whose action is being appealed.
(Ord. 15 § 1, 1982)
Unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the city council shall promptly hear the appeal, and the city council may affirm, modify or reverse the action taken of the administrative official from whom the appeal is taken.
(Ord. 15 § 1, 1982)