For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Banner"
means any cloth or bunting attached to poles or otherwise suspended in the public airspace along or crossing a street or public right-of-way for the purpose of calling public attention to a place or event.
"Banner permit"
means a type of encroachment permit issued by the director to allow suspension of a banner in the public airspace along or crossing a street or public right-of-way.
"Department"
means the department of public works of the city.
"Director"
means the director of public works of the city, or his duly authorized representative.
"Drive approach"
means that portion of a driveway within the public right-of-way.
"Commercial drive approach"
means any drive approach that is not a "residential drive approach" as defined in this article.
Drive Approach, Residential.
"Residential drive approach" means any drive approach serving any property which is used solely as a private residence of one, two or three single-family dwelling units including duplexes, triplexes which are not used as retail outlets.
"Encroachment"
means any excavation, structure or object of any kind or character, temporary or permanent, made, placed or allowed to enter, grow or encroach upon, over or under any city street or right-of-way.
"Encroachment permit"
means a permit issued by the director allowing an "encroachment" as defined above.
"Facility"
means any structure or object of any kind or character which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any city right-of-way.
"Fence"
means any obstruction of whatever material or composition which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon such property.
"Permittee"
means any person who has been issued an encroachment permit by the director.
"Person"
means any individual, public or private corporation, or association, political subdivision, partnership, firm, trust, estate, institution, governmental agency or public or private utility or any other legal entity.
"Right-of-way"
means all land or interest therein which by deed, conveyance, agreement, easement, license, dedication, usage or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.
"Sidewalk"
means any portion of a street, other than that part used for vehicular traffic, and set apart by curbs, barriers, markings or other delineation for pedestrian travel.
"Specifications"
means the construction standards and standard specifications of the city as required by this chapter or imposed as a condition of any encroachment permit.
"Street"
means any right-of-way or easement for street, road, alley, highway, lane, court or other public access purposes to which title is vested in the city.
"Tree"
means any growing plant exceeding ten feet of height, whether growing singly or as a hedge.
"Unauthorized encroachment"
means the commission by any person of any type of enforcement without a valid permit to do so, or an encroachment which exceeds or otherwise violates the terms or conditions of any valid permit.
"Utility"
means a private company and/or corporation or municipal department engaged in providing a particular service to the general public.
(Prior code § 7-1.01)
It is unlawful for any person to dig or excavate for any purpose whatever in any of the public streets, alleys, sidewalks or squares of the city without first depositing with the city clerk a cash bond in the amount of $25. Such bond shall insure the proper refilling and repairing of any street, alley, sidewalk or square dug or excavated and shall be an acknowledgement of the right of the city o use such bond for the purpose of properly refilling and repairing any street, alley, sidewalk or square dug or excavated in the event of the failure of the person depositing such bond to so properly refill and repair such street, alley, sidewalk or square.
(Prior code § 7-3.01)
A. 
Permit Required. No person or their contractors or subcontractors shall make or cause to be made any encroachment without first obtaining from the director a permit to do so.
B. 
Limitation of Activities. All activities within any street or right-of-way under the terms of any permit shall be done in conformance with the requirements of this chapter applicable to all permits. Any activity done in violation of such requirements shall be grounds for the immediate revocation of the permit by the director. Any permit shall be subject to such conditions as the director finds necessary for the protection of the public or the street or right-of-way. Any opening or excavation made under the authority of a permit shall not exceed four feet in width or 25 feet in length, except that this limitation shall not apply to emergency work as identified below.
(Prior code § 7-1.02)
A. 
Emergency Work. Any person may perform emergency work or maintenance without first securing an encroachment permit, provided the director is notified of the needed work or maintenance and consents thereto prior to commencement of the work or maintenance. "Emergency" as used herein shall mean any unforeseen work or maintenance requiring immediate action to prevent injury to persons or property. The person shall apply to the director for an encroachment permit on the next day that the offices of the director are open for business.
B. 
Annual Permit. An annual encroachment permit may be issued which allows the holder thereof to accomplish work and maintenance including, without limitation, the replacing or repairing of any facility within the city street or right-of-way and for tree trimming for overhead utilities without necessity for obtaining a permit for each such encroachment activity.
Utility poles, wires, cables and other related appurtenances thereto may be installed under the provisions of an annual permit; except that no facilities other than overhead wire and cables shall be placed within the traveled portion of any city street or traveled portion of any city right-of-way.
C. 
Banner Permit. A banner permit may be issued to erect or install or maintain a banner extending over, along or across any street or right-of-way.
D. 
Central Business District Permits. Any person intending to use more than one parking space for any purpose whatsoever, within the central business district of the city, as identified by the city, at any given time, must first obtain an encroachment permit from the director.
(Prior code § 7-1.03)
Application for any permit shall be made in writing to the director on a form provided by the department of public works. Such application shall be accompanied by plans sufficient to show the scope of the proposed encroachment. Such plans may be waived by the director whenever he determines that the nature and scope of the proposed encroachment do not require plans.
(Prior code § 7-1.04)
Any permit issued pursuant to this chapter shall provide that the permittee will pay the entire expense of replacing the street or other improvements in the right-of-way in as good or better condition as existed before conducting work under the permit and shall include such other conditions deemed necessary by the director for the protection of the public or the street or right-of-way.
A. 
Beginning of Work or Use. The permittee shall begin the work or use authorized by the permit issued pursuant to this chapter within 30 calendar days from the date of issuance, unless a different period is stated in the permit. If the work or use begun within 30 calendar days, or within the time stated in the permit, then the permit shall become void, unless before its expiration date, the time for beginning work has been extended in writing by the director.
B. 
Completion of Work. The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the director finds that delay in beginning, prosecuting or completing the work or use is due to lack of diligence by the permittee, he may cancel the permit and the permittee shall restore the street or right-of-way to its former condition. In the alternative, the director may determine in his discretion, that the city may restore the street or right-of-way and the permittee shall reimburse the city for all expenses, including overhead, incurred by the city in restoring the right-of-way within five days of demand therefor by the director.
(Prior code § 7-1.06)
A permit shall not be assignable or transferable except to a person who becomes the successor in interest, with respect to the encroachment, of the person who originally obtained the permit. All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding upon the person who becomes the successor to the original permittee.
(Prior code § 7-1.07)
No changes shall be made in the location, dimensions, character or duration of the encroachment or the use granted by the permit, except on written authorization by the director.
(Prior code § 7-1.08)
Every permit issued to a permittee shall state that if the future improvement of the street or right-of-way necessitates the relocation or removal of any encroachment, as determined by the director, the permittee will relocate or remove such encroachment at no expense to the city. In said event, the city shall give the permittee, by mail or personal service, its written demand specifying that the encroachment must be removed from the street or right-of-way or, if to be relocated within the street, the place of such relocation. Service by mail shall be complete upon deposit with the United States Postal Service addressed to permittee at his last address given to the city, postage prepaid. The director shall specify the time within which the removal or relocation must be completed.
(Prior code § 7-1.09)
The department may remove, or cause to be removed, any encroachment upon the failure of the permittee to comply with a notice or demand of the director under the provisions of Section 12.04.100 and the permittee shall, within five days of the date of demand from the director, reimburse the city the entire cost of such removal or relocation.
(Prior code § 7-1.10)
Should the director determine that an unauthorized encroachment exists, such unauthorized encroachment shall constitute a public nuisance and the director shall notify the person who owns, located or constructed the unauthorized encroachment and require that the unauthorized encroachment be removed within the time period identified in said notice. Should such person refuse or fail to remove the unauthorized encroachment within the time period designated, the city may remove the unauthorized encroachment and the person who owns, located or constructed the unauthorized encroachment shall reimburse the city the full cost of such removal within five days of demand thereof by the director. In the alternative, the city may commence an action in the appropriate court to abate the unauthorized encroachment as a public nuisance, requesting the appropriate equitable relief to require the removal of the unauthorized encroachment and seeking any other remedy available to it in law or equity. Any judgment or other decision made by the court on behalf of the city shall include an award of all the attorney's fees and costs incurred by the city in the action.
(Prior code § 7-1.11)
A. 
Protection of Utilities. The permittee shall be aware of the existence and location of all surface or underground facilities existing in the area where the encroachment will occur and shall be responsible for protection of such facilities from damage caused by its activity. Permittee shall provide and install suitable safeguards approved by owner of such facilities, to support, sustain and protect such facilities which may in any way be affected or subject to damage by the activities of the permittee. All damage to facilities shall be reported promptly to the owner thereof and to the director. No such damage shall be repaired by the permittee unless the facility owner authorizes such repair. Any relocation of an existing facility shall be done only by or under the immediate supervision of the facility owner. The cost of moving existing facilities shall be determined by negotiation between the permittee and the facility owner.
B. 
Hold Harmless Clause. The permittee shall indemnify and hold harmless the city and all of its departments, officers, employees, representatives and agents, from any liability, responsibility or claims, of every kind and nature, including, without limitation, attorneys' fees and costs arising out of or in any way related to any act or omission to act by permittee, its employees, agents, representatives and independent contractors.
C. 
Defective Work and Materials. Except as otherwise provided in this chapter, any work or materials which do not conform to the permit plans, if any, or any applicable State of California Standard Specifications or the city specifications within the time period established by the director, be removed and replaced by the permittee so as to conform to said permit plans, if any, and the applicable state of California Standard Specifications and the city specifications.
D. 
Default of Permittee. By applying for and obtaining a permit, pursuant to this chapter, the permittee agrees that if the permittee fails to comply with the terms of the permit or to perform or complete the work according to the plans, if any, the applicable state of California Standard Specifications and the city specifications, or fails to comply with any provisions of this chapter or any other federal, state or local law or ordinance, the city may elect to perform and complete the work by any method the director deems appropriate and the permittee shall reimburse the city for the full cost thereof within five days of demand therefor from the director.
E. 
Protection of Traffic. The permittee, in the conduct of the worker use or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect or maintain the lights, barriers, warning lights and other safeguards necessary to protect the traveling public in accordance with Sections 21400 and 21401 of the Vehicle Code of the state. If at any time the director finds that suitable safeguards are not being provided, the city may take whatever steps it deems necessary to establish suitable safeguards or may cancel the permit and restore the right-of-way to its former conditions. The permittee shall reimburse the city any and all costs incurred by the city pursuant to this subsection within five days of the demand therefor from the director.
F. 
Minimum Interference with Traffic. All work allowed under a permit shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. Permittee is authorized to place flagmen to stop and warn traffic for necessary protection to public safety, but traffic shall not be unreasonably delayed. Complete closure of a street or right-of-way shall not be permitted unless authorized in writing by the director.
(Prior code § 7-1.12; Ord. 96-18 § 46, 1996)
A. 
Excavation. The excavation of all trenches running parallel to the existing pavement shall be conducted on only one side of the pavement at a time and shall not exceed 600 feet in length at any one time, and no excavation shall be started on the opposite side of the street or right-of-way until the trench first excavated has been filled, compacted and surfaced as required herein or as specified in the permit. This restriction is not intended to prohibit such excavations as may be required for boring a pipe, conduit or other object underneath a street or right-of-way. All trench excavation shall comply with the city public works standard specifications and construction standards unless provided otherwise by permit conditions.
B. 
Backfill. Backfill in all trenches shall be in accordance with city public works construction standards and standard specifications unless provided otherwise by permit conditions. The director will require soils tests to be furnished to the department by a recognized soils testing laboratory or registered professional engineer specializing in soils mechanics. In such cases, resurfacing will not be permitted unless such tests show that the trench has been compacted in conformance with the city construction standards.
All expense of such tests shall be borne by the permittee. It shall be the responsibility of the permittee to properly maintain refilled trenches in accordance with the permit.
C. 
Failures, Settlements. In determining proper maintenance of refill trenches, the following criteria shall be used to define a failure:
1. 
In the traveled way, a depression of one-fourth inch per two feet of trench width below the average of the sides of the uncut portion; and
2. 
Along the outside edge of the shoulder section a minimum of four feet from edge of traveled way of an unsurfaced road, a depression of three-quarters of an inch below the average of the side of the uncut portion.
Whenever failures are detected and the director notifies the permittee of the failure, said permittee shall correct all such failures within ten calendar days from the date of the written notice from the director unless otherwise authorized in writing by the director. If permittee does not correct all failures, within the time allowed, the director shall take whatever steps he deems necessary to correct the failures. The permittee shall reimburse the city for all costs in any way associated with correction of said failures. Reimbursement shall be made within five days from the date of demand from the director.
D. 
Repavement of Trenches. Minimum restoration of the street or right-of-way shall consist of placing ten inches of Class 2 aggregate base material and three inches of asphalt concrete pavement over all excavations. Restoration shall begin after approval of the backfill compaction by the authorized city inspector. All materials and methods employed shall conform to the city standard specifications. Prior to placing asphalt concrete surfacing, the existing pavement longitudinally along both sides of the trench shall be cut in a neat line six inches minimum back from the outside edges of the trench and removed, in order to provide a key. The top three inches of the trench shall consist of asphalt concrete pavement. Paved restoration surfacing for the trench higher than one-quarter of an inch per two feet of trench width above the edge of the existing surfacing shall be deemed improper backfilling and shall be reconstructed to the tolerance specified above.
The above-mentioned tolerance need not be adhered to for temporary work which will have a duration of less than 30 calendar days, provided that at no time shall the temporary surfacing exceed twice the abovementioned tolerances. Where the existing street or right-of-way does not have an oiled surface, asphalt concrete surfacing may not be required.
(Prior code § 7-1.13)
A. 
Sidewalk Construction. No sidewalks shall be constructed unless concrete curbs are first constructed.
B. 
Engineering or Inspection Fee. An applicant for a permit to construct curb, gutter and/or sidewalk shall pay a fee as established by resolution of the city council.
C. 
Notification of Work. The department of public works shall be notified 24 hours in advance of pouring concrete to permit inspection of subgrade and forms.
D. 
Traffic and Safety. Where construction operations encroach upon the street or right-of-way safety procedures as established by the director will be required for proper traffic control and the convenience and safety of the public.
E. 
Access to Adjacent Properties. The permittee shall provide access to all properties adjacent to the street or right-of-way at all times.
F. 
Damage to Right-of-Way Improvements. Existing street or right-of-way pavement, curb and gutters and structures, suffering damage from construction operations under any permit issued, shall be restored to original condition by the permittee prior to completion of permittee's project. All dirt and debris resulting from the permittee's operations shall be removed from the construction area.
G. 
Construction Standards. All work shall be in conformance with the city standard specifications and construction standards.
(Prior code § 7-1.14)
A. 
Construction. No commercial or residential drive approach shall be constructed unless concrete curbs are first constructed.
B. 
Construction Standards. All work shall be in conformance with the city standard specifications and construction standards.
C. 
Special Requirements. The director may require, as a condition for issuing an encroachment permit for a commercial or residential drive approach, that the applicant improve the structural section of the shoulder area between the existing pavement and the street or right-of-way line. The permittee may also be required to construct a concrete curb and gutter on the curb line and provide a walkway area for the entire length of his property abutting the street or right-of-way. The structural section shall be determined by the director.
D. 
Relocation of existing encroachments. Arrangements for the necessary removal or relocation of any public utilities, structures, trees, plantings or other existing encroachments shall be made by the permittee prior to commencing any work. Such removal or relocation shall be accomplished at no expense to the city.
(Prior code § 7-1.15)
A. 
The following organizations may apply for an annual permit:
1. 
Any organization having facilities situated in the city that is regulated by the Public Utilities Commission of the state of California;
2. 
Any organization holding a franchise from the city or a franchise from the state of California;
3. 
A special district organized under the laws of the state of California and having facilities situated in the city.
B. 
Term of Annual Permit. The term of an annual permit will commence July 1st of each year and will terminate June 30th of the following year except that the term of permits issued prior to July 1, 1991, shall have a term commencing the date of issuance and terminating on June 30, 1991.
C. 
Fees for annual permits shall be established by city council resolution. All annual permit fees shall be paid on July 1st of each respective year except that the fee for permits issued prior to July 1, 1991, shall be paid on the date of issuance of the permit and will be prorated consistent with the term of the permit.
(Prior code § 7-1.17)
The following regulations shall be applicable to all banner permits issued pursuant to the provisions of this chapter:
A. 
It is unlawful for any person to erect, install or cause to be erected or installed, a banner extending over, along or across any street or right-of-way without first obtaining a banner permit thereof or in violation of the terms or conditions of such permit.
B. 
Banner permits shall be issued by the director or designee only upon a written application therefor. Application forms shall be furnished by the city which shall specify the following:
1. 
The name and address of the applicant;
2. 
The location, dimensions and purpose of the proposed banner;
3. 
A facsimile of the proposed banner, including any legend or written matter;
4. 
The proposed date when the banner is to be erected and/or installed and removed; and
5. 
Such other information as the director or designee may require.
C. 
The director or designee may create regulations establishing the requirements and limitations for permits, including the establishment of installation, aesthetic requirements, limitations on duration, and any and all other standards relating to the issuance of the permit. The city council shall, by resolution, establish fees for banner permits granted hereunder.
D. 
Applicant may file with the city clerk a notice of appeal upon a denial of the requested permit within 10 days of the date of service of such decision, action or determination. The appeal shall be heard by the city council. The notice of appeal shall set forth in detail all facts supporting the applicant's appeal of the decision of the director of public works or the director's designee.
E. 
The city shall hang and remove any banner which crosses streets or rights-of-way for which a permit has been issued in accordance with the provisions of this chapter. The city shall remove all banners and may do so at any time prior to the date so stated in the application, should the necessity arise.
F. 
Any activity done in violation of these requirements or any other requirements as established by the director or designee shall be grounds for immediate revocation of the permit by the director or designee. Upon revocation, the permit will be immediately removed by the city. Any permit shall be subject to such conditions as the director or designee finds necessary for the protection of the city and the public.
(Prior code § 7-1.18; Ord. 14-10 § 1, 2014)
A. 
Violations and Penalty. Every person, whether principal, agent, employee or otherwise, violating or causing or permitting the violation of any provision of this chapter, shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with the Penal Code of the state of California regarding infractions. See Section 1.20.010.
B. 
Validity. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The council of the city declares that it would have passed this chapter with each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Prior code § 7-1.16)