The Director of Public Works shall prescribe and provide a regular form of application for the use by applicants for permits required by this chapter. The application shall show such information and details as the Director of Public Works may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.
(Prior code § 20-2-1)
The application shall be accompanied by maps, sketches, diagrams or similar exhibits, to the size and in the quantity as the Director of Public Works may prescribe, sufficient to clearly identify the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or watercourse.
(Prior code § 20-2-2)
The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder, required by law, of the Public Utilities Commission, State Department of Transportation 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 of Public Works. The permittee shall be 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 or her agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similarly authoritative orders.
(Prior code § 20-2-3)
Applications may be approved, conditionally approved, or denied. The Director of Public Works may use up to two working days from the date of application to field check existing conditions related to the permit prior to its issuance. Where the Director of Public Works finds that the application is in accordance with the requirements of this chapter, he or she shall issue an encroachment permit, attaching such conditions as he or she may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Director of Public Works finds the application is in conflict with the provisions of this chapter, he or she shall deny the permit, giving the reasons for such denial.
(Prior code § 20-2-4)
The Director of Public Works shall have the power to deny a permit involving excavation in the traveled way of newly constructed and/or heavily traveled streets.
(Prior code § 20-2-5)
Permits must be written on a form prescribed by the Director of Public Works which are on file at City Hall. No permit shall be valid unless signed by the Director of Public Works.
(Prior code § 20-2-6)
The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within 30 days from the date of issuance unless a different time limit is specified in the permit. Should the permittee be unable to complete the work before the permit expires, a time extension may be granted by the Director of Public Works. It shall be the permittee's responsibility to notify the City in writing of the reason for the delay. If a time extension is justified, the extension will be noted on the permit. Failure to obtain an extension shall require the permittee to make application for a new permit. Any work done without a valid permit will require a special field investigation and the payment of a field investigation fee. If at any time the Director of Public Works 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 or she may revoke the permit and restore the right-of-way or watercourse to its former condition. The permittee shall reimburse the City for all expenses incurred by the Director of Public Works in restoring the right-of-way or watercourse.
(Prior code § 20-2-8)
Any existing or proposed encroachment work in any right-of-way or watercourse which is or results in a continual encroachment into any right-of-way or watercourse, the owner of the encroachment shall apply for a long-term encroachment permit in order to maintain the encroachment to insure the health, safety and welfare of the public and shall provide proof of insurance with the City named as co-insured for such encroachment. Such encroachments relative to this section shall include, but are not limited to: balconies and signs over sidewalks; tables and/or chairs, planters, advertising signs/displays, newsracks and delivery drop boxes on sidewalks. Long-term permits shall be subject to annual renewal, inspection and verification by the City. A long-term permit shall be required or renewed before a business license will be issued or renewed. Fees for long-term permits shall be as per the comprehensive fee schedule as adopted by the City Council. If at any time the Director of Public Works finds the permittee has not maintained the continual encroachment to his or her satisfaction or not provided proof of insurance with the City named as co-insured or not renewed a long-term permit prior to obtaining or renewing a business license, he or she may cancel the permit and restore the right-of-way or watercourse to its former condition at the expense of the applicant.
(Prior code § 20-2-9)
The permittee shall keep any permit issued pursuant to this chapter at the site of work and the permit must be shown to any authorized representative of the Director of Public Works or law enforcement officer on demand.
(Prior code § 20-2-10)
Permits shall be issued only to the person making application therefor and may not be assigned to another person or location by the permittee. If any permittee attempts to assign his or her permit to another person or another location, the permit shall become null and void, and completely without force or effect.
(Prior code § 20-2-11)
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 of Public Works. No permits shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes, additions or extensions therein or thereto where such use, maintenance, changes, additions or extensions require no excavation of the right-of-way or watercourse.
(Prior code § 20-2-12)
The schedule of fees shall be established by resolution. Before a permit is issued, the applicant shall deposit with the City cash or certified check in a sufficient sum to cover the fee for issuance of the permit, any penalties, and the fee for necessary inspections, all in accordance with the schedule established and adopted by the City Council. Although an encroachment permit is required, the processing fee may be waived for encroachment work and/or repairs on or for owner-occupied residential single-family dwellings.
(Prior code § 20-2-13)
Encroachment permit fees for processing and inspections shall be as per the current comprehensive fee schedule adopted by the City Council. Inspection fees may be charged for, but shall not be limited to, the following: curbs, gutters, sidewalks and driveways; construction of underground utilities; storm drain and/or sewer; major projects; minor projects and pavement restoration.
(Prior code § 20-2-14)
New streets which have been surfaced with asphaltic concrete within three years or streets surfaced with seal coating within one year prior to excavation shall have a street restoration fee double that shown in the permit fee schedule as shown in the current comprehensive fee schedule or permit may be denied as determined by the Director of Public Works.
(Prior code § 20-2-15)
A. 
Performance Security. The City shall require a cash deposit or bond of all licensed contractors doing work which requires an encroachment permit. Such cash deposit or bond shall be in the amount noted in the fee schedule and shall be maintained in that amount so long as the contractor conducts the permitted operations within the City. A larger cash deposit or bond may be required by the Director of Public Works when unusual conditions so necessitate.
B. 
Condition of Security. The condition of the performance security made pursuant to this chapter is that the permittee shall diligently and with good faith comply with all provisions of the Municipal Code, City Standards and Specifications, and the terms and conditions of this permit.
C. 
Failure to Perform. If a permittee fails to complete the work noted in an encroachment permit, the City shall complete the work and place a lien against that property to recover the costs of completing the work.
D. 
Exclusions. Performance securities normally will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way. The City will be reimbursed for street resurfacing work it performs through regular billing procedures.
D . 
Insurance. The Director of Public Works may require permittee to take out, carry, and keep in force public liability insurance in the amount of $1,000,000.00 minimum. Permittee shall also obtain a certificate of insurance naming the City as coinsured to accompany the application, the form of which shall be subject to the approval of the City Attorney's office.
(Prior code §§ 20-2-16—20-2-20)
The permittee shall be responsible for all claims and liabilities rising out of work performed pursuant to the encroachment permit, or arising out of the permittee's and his or her agent's failure to perform any of the requirements of this chapter. The permittee shall, and by acceptance of the permit agrees to, indemnify, hold harmless, and defend the City, its officers, employees and agents from and against any and all suits, claims demands, charges or other actions, including attorney's fees and expenses of litigation brought by any person for death, bodily injury and/or property damage and/or other injury or damage sustained in or arising out of any construction or work or other use authorized by the permit issued pursuant to this chapter or in consequence of permittee's or agent's failure to perform the obligations regarding construction, work or other use in the right-of-way as required by law or to provide all public safety facilities required by this chapter. This hold harmless obligation shall not terminate during the life of this permit.
(Prior code § 20-2-21)
The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. The permittee shall not interfere with any existing utility without the written consent of the Director of Public Works and the owner of the utility. If it is necessary to relocate an existing utility, such relocation shall be done by the owner. No utility owned by the City shall be moved to accommodate the permittee, unless the cost of such work is borne by the permittee. The cost of moving privately-owned utilities shall be similarly borne by the permittee, unless other contractual arrangements are made. The permittee shall support and protect all pipes, conduits, poles, wires or other underground structures affected by excavation work, and shall inform the owner if any damage occurs to such facilities during the conduct of its work. All repairs, including replacement of protective pipe coatings, shall be made by the owner of the damaged facilities, unless other arrangements are made. The expense of repairs of any damage shall be charged to the permittee. If any claim of liability for damage to facilities is made against the City, its officers, employees and agents, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Prior code § 20-2-22)
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. If, at any time, the Director of Public Works finds that adequate safeguards are not being provided, the City may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may revoke the permit and restore the right-of-way to its former condition, all at the expense of the permittee. The warning signs, lights, and other safety devices shall conform to the applicable requirements of the California Vehicle Code, the current sign manual issued and in use by the State Department of Transportation, and the City Standard Specifications.
(Prior code § 20-2-23)
The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the Director of Public Works, the permittee may not: (1) obstruct more than one-half of the area used by the vehicles; (2) obstruct any driveway for a period exceeding one hour; and (3) obstruct the area between the curb (or the shoulder if there is no curb) and the right-of-way line in such a way as to create a hazardous path for pedestrians. The use of flagmen is mandatory where two-way vehicular traffic has less than 24 feet in which to pass. The permittee may be required to remove excavated material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.
(Prior code § 20-2-24)
Access to and visibility of fire hydrants from the public street shall be maintained at all times.
(Prior code § 20-2-25)
All notices required by this chapter to be given to the City shall be given to the office of the Director of Public Works at City Hall.
(Prior code § 20-2-26)
Any notice to be given to the permittee shall be deemed to have been received by him or her upon mailing to the address shown on the permit.
(Prior code § 20-2-27)
Before beginning any work which is or includes excavation, construction of driveways, concrete sidewalks, curbs or gutters, planting, trimming or removing trees, making, placing or causing an obstruction in the right-of-way or watercourse, the permittee shall notify the Director of Public Works 24 hours in advance.
(Prior code § 20-2-28)
The permittee shall, upon completion of all work authorized in the permit, notify the Director of Public Works in writing that such work has been completed. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the Director of Public Works.
(Prior code § 20-2-29)
If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with drainage of any right-of-way or watercourse, the permittee shall provide for drainage as directed by the Director of Public Works. Should the permittee fail to properly maintain existing drainage, the Director of Public Works shall notify the permittee to take corrective action immediately upon receiving such notice. Proper maintenance for drainage shall include the prevention of drainage facility silting and the control of erosion of the surrounding land where work, use or encroachment authorized in the permit is taking place. In the event that action is required before the permittee can be notified or respond to such notification, the Director of Public Works may take such action as may be necessary to correct the drainage at the expense of the permittee.
(Prior code § 20-2-30)
The permittee shall plan and execute the work, use or encroachment so as to cause the least inconvenience to the general public and abutting property owners.
(Prior code § 20-2-31)
A. 
By the acceptance of the permit, the permittee agrees to repair and make good any injury or damage to any portion of the street, right-of-way or watercourse which occurs within one year after the completion of work as the result of work done under the permit, including any and all injury or damage to the same which would not have occurred had such work not been done.
B. 
The permittee shall, upon notice from the Director of Public Works, immediately repair any injury, damage or nuisance, in any portion of the right-of-way or watercourse, 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 the notification, the City may, at its option, make the necessary repairs or replacement, or perform the necessary work at the permittee's expense.
(Prior code § 20-2-32)
Upon completion of the work, construction or use for which the permit was issued, or when required by the Director of Public Works, the permittee shall replace, repair or restore the right-of-way or watercourse at the place of work to the same condition existing prior thereto, unless otherwise provided in this chapter or in the permit. The permittee shall remove all obstructions, impediments, materials, or rubbish caused or placed within or upon the right-of-way or watercourse under the permit, and shall do any other work or perform any act necessary to restore the same to a safe and usable condition.
(Prior code § 20-2-33)
Where an excavation is made in a street area that requires repaving with asphaltic paving materials, the Director of Public Works may, at his or her discretion, make the final repair of the street surface at the permittee's expense. All fees for repavement shall be in accordance with the permit fee schedule.
(Prior code § 20-2-34)
If any future construction, reconstruction or maintenance work by the City on a right-of-way or watercourse, requires the relocation, removal or abandonment of installations or encroachments in, on, or under the right-of-way or watercourse, a permittee that owns, controls or maintains such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense; provided, that this provision shall apply to and remain in force and effect only so long as a right-of-way upon which such installations or structures are located shall be used for street purposes and not as a State or Federal route; and this provision shall cease to apply when such street shall become a State or Federal route. When removal, relocation or abandonment is required, the Director of Public Works shall notify the permittee in writing and specify the place of relocation or that the installations or encroachment must be removed, relocated, or abandoned. If such permittee fails to comply with such instructions within 90 days, the City may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.
(Prior code § 20-2-35)
The Director of Public Works shall establish such standards and specifications as he or she may deem necessary for the proper construction, use and maintenance of encroachments. Any work, construction or use authorized by a permit issued pursuant to the provisions of this chapter shall conform to City standards and specifications.
(Prior code § 20-2-36)
A. 
The Director of Public Works is authorized to make such inspections as he or she deems necessary in connection with permits issued under this chapter. All work done or uses under such permits shall be under the supervision of and to the satisfaction of the Director of Public Works.
B. 
The Director of Public Works shall prescribe line and grade for the proposed improvement for which a permit is required by Section 12.04.050 of this title so that minimum interference will be had with existing facilities or proposed future facilities. The Director of Public Works may also specify the conditions under which pavement may be cut, the type of backfill to be used, the method of compacting the backfill and the type and thickness of pavement to replace the pavement removed. The Director of Public Works shall inspect the work as construction progresses to insure that cutting of pavement and backfilling is in accordance with City standards and specifications and the conditions of the permit issued.
(Prior code § 20-2-37)
Unless otherwise approved by the Director of Public Works, no materials shall be stored on or within five feet of a public street. All earth materials from trenching or other operations shall be removed from the pavement, roadway or shoulder as the trench is backfilled or other work carried forward.
(Prior code § 20-2-38)
A. 
Method of Installation. Installation of pipes and conduits shall be in conformance with current City standard specifications and details.
B. 
Minimum Cover. The minimum cover over any and all pipes or conduits shall conform to current City standard specifications and details.
C. 
Backfill. Unless special instructions are otherwise given by the Director of Public Works, the backfilling of an excavation shall conform to the City standard specifications and details.
(Prior code §§ 20-2-39— 20-2-41)
A. 
Clearances and Types. Clearances and types in the construction of poles and transmission line carriers shall be in accordance with the rules, regulations and orders of the Public Utilities Commission and other public agencies having jurisdiction.
B. 
Guy Wires. Guy wires shall not be attached to trees or interfere with their growth. Guy wires shall be installed as prescribed in the rules, orders and regulations of the Public Utilities Commission.
C. 
Method of Removing and Replacing. When a pole, brace, stub, or timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. Where such pole, brace, stub or timber was located in an area paved with concrete, asphalt or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the Director of Public Works.
(Prior code §§ 20-2-42—20-2-44)
Any cuts made in exposed concrete sidewalk, curb, gutter, driveway or paving shall be defined by a saw cut to a depth of not less than one and one-half inches and the concrete between sawed joints must be removed cleanly with no spalling of the sawed edge. A minimum of three feet of walk must be left between a new driveway and existing expansion joints or the section must be removed to an expansion joint. Any longitudinal trenches in existing sidewalk shall require the sawcutting and removal of the full width of the existing side-walk. Replacement shall conform with the City standard specifications. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the Director of Public Works.
(Prior code § 20-2-45)
When the location or position of a pole or other obstruction requires enhanced visibility to vehicular traffic, the Director of Public Works 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 California Department of Transportation at the expense of the permittee.
(Prior code § 20-2-46)
A. 
Permit. A permit for the movement of a vehicle or combination of vehicles or object of weight or dimension or characteristic on any right-of-way, otherwise prohibited by law, shall be obtained from the Director of Public Works prior to such movement. Standards and conditions for the issuance of such permits shall be established by the Director of Public Works.
B. 
Authorization by Permit. 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 all traffic laws, including posted signs or notices which limit speed or direction of travel, or weight which may be moved thereon or thereover, or otherwise restrict or control 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 street over and on which movement is being made. Any violation of this section shall make the permit issued to the permittee null and void.
C. 
Written Notice of Movement by Permittee. Prior to commencing any move for which a permit is granted pursuant to this chapter, the permittee shall provide at least 48 hours' written notice to all police and Fire Department authorities having jurisdiction.
(Prior code §§ 20-2-47—20-2-49)
A. 
Planting or Erection. No hedge, shrub or other vegetation, 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 will be permitted or maintained which impedes, obstructs or denies such pedestrian or other lawful travel within the limits of the right-of-way or which impairs sight distance for safe pedestrian or vehicular traffic.
B. 
Maintenance. 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 of Public Works may direct the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.
(Prior code §§ 20-2-50, 20-2-51)
Any person may plant and maintain landscaping of any type not prohibited by other statute, regulation or ordinance, within the right-of-way of a public street without a written permit. However, the landscaping shall not extend into the public street nor into the 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, and may issue a permit for the performance of work, construction or other use on the planted area as provided in this chapter. If the landscaping is damaged or disturbed in the course of an authorized encroachment, it will be removed and replaced by the permittee unless the permit specifically provides otherwise.
(Prior code § 20-2-52)
Any person may install and maintain an irrigation system within a right-of-way without a written permit unless installation requires an encroachment permit as provided by this chapter. No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over any adjacent street, sidewalk or driveway.
(Prior code § 20-2-53)
No 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 precise survey point or reference point shall be removed or disturbed without first obtaining authorization from the Director of Public Works. The Director of Public Works shall establish specifications by which authorization will be granted. Replacement of removed or disturbed monuments shall be at the expense of the permittee.
(Prior code § 20-2-54)
Each permittee installing, constructing or maintaining underground facilities, such as pipes, wires, conduits or similar structures under permit granted pursuant to this chapter, shall maintain accurate and complete maps of location, depth, size and character of such facilities, and shall furnish at no cost to the City copies of such maps to the Director of Public Works upon his or her request. The permittee shall also contact Underground Service Alert (U.S.A.) prior to the beginning of work to locate existing underground facilities in the proposed work area. No permit under this chapter shall be issued without the permittee first contacting U.S.A. and obtaining a valid U.S.A. ticket number, unless otherwise approved by the Director of Public Works.
(Prior code § 20-2-55)
Performance of any act prohibited by this chapter, or the failure to do an act required by this chapter, is declared to be unlawful and an infraction.
(Prior code § 20-2-57)
The Director of Public Works shall cause a record to be kept in the Public Works Department showing the location and depth of the proposed utility and its distance from well defined curb lines, sidewalk lines or property lines. Recorded plans shall reflect the "as built" location of the utility.
(Prior code § 20-2-58)