This chapter shall be known and may be cited as the “Encroachment
Ordinance of the City of Desert Hot Springs.”
(Prior code § 97.10)
The purpose of this chapter is to establish regulations to control
encroachments into public places by requiring encroachment permits
and to establish measures for the protection of life and property,
including traffic and pedestrian safeguards. Additionally, this chapter
regulates backfilling and resurfacing of excavations, prescribes application
procedures for permit issuance, establishes bonding and liability
requirements and prescribes penalties for violations of its provisions.
(Prior code § 97.11)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
“Administrative authority”
means the City Engineer, Public Works Director or other person
or Department designated by the City to administer and enforce the
provisions of this chapter.
“Encroachment”
means going upon, over, under or placing any facility upon,
along, across, over or under or using any public place in such a manner
as to prevent, or obstruct or interfere temporarily or permanently
with the normal use of that public place.
“Excavation”
means any opening under, in or across the surface of a public
place made in any manner whatsoever, except an opening into a lawful
structure below the surface of a public place, the top of which is
flush with the adjoining surface and so constructed as to permit frequent
openings without injury or damage to the public place.
“Facility”
means any pipe, pipeline, tube, main, service, trap, vent,
vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower,
pole, pole line, anchor, cable, junction box, transformer or any other
material, structure, public improvement or object of any kind or character,
including a building, portion of a building or any other structure,
whether enumerated herein or not, which is or may be lawfully constructed,
left, placed or maintained in, upon, along, across, under or over
any public place.
“Person”
means any person, firm, partnership, association, corporation,
company or organization of any kind.
“Public place”
means any public street, way, place, alley, sidewalk, square,
plaza, easement or any other similar public property under the control
of the administrative authority and dedicated to public use.
“Substructure”
means any pipe, conduit, duct, tunnel, buried cable or wire
or any other similar structure located below the surface of any public
place.
“Utility”
means a private company and/or corporation operating under
regulation of the Public Utilities Commission or municipal department
or other governmental agency engaged in providing a particular service
to the general public.
(Prior code § 97.12)
All encroachment work shall be performed in accordance with
standard specifications for public work construction as specified
by the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of Southern California, or
according to the plans and specifications referred to in the permit
and, in addition, to any special requirements and/or specifications
which may be made a part of the permit.
(Prior code § 97.14)
The applicant for a permit under Section
12.12.040(A) shall agree to pay any additional and extra costs made necessary by the refilling or resurfacing of any excavation as herein mentioned; provided that the earth sinks or a depression occurs within one year from the time such excavation was filled by the party holding the permit. The City may retain a portion of the cash deposit or other security required under Section
12.12.070 to cover costs of such resurfacing or refilling.
(Prior code § 97.17)
In lieu of repeated individual bonds which may be required pursuant to Section
12.12.070 of this chapter, the permittee may, upon approval by the administrative authority, annually file with the administrative authority 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 administrative authority as sufficient to reimburse the City for expenses to be incurred in restoring the public place to its former condition, subject to the schedules adopted by resolution of the County Council.
(Prior code § 97.18)
The construction work shall be performed and conducted so as
to not unreasonably interfere with access to fire hydrants, fire stations,
fire escapes, water gates, underground vaults, valve housing structures
and all other vital equipment designated by the administrative authority.
(Prior code § 97.20)
Where the confines of any area being excavated are too narrow
to permit piling of excavated material beside the trench, the administrative
authority may require the permittee to haul away the excavated material.
The permittee shall be responsible for securing any necessary disposal
sites. In addition, the permittee shall anticipate and make provisions
for abatement of dust and dirt nuisances resulting from its operations.
(Prior code § 97.23)
As the excavation or other construction work progresses, all
streets shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from the work. All cleanup operations
at the location of the construction shall be accomplished at the expense
of the permittee to the satisfaction of the administrative authority.
(Prior code § 97.24)
The permittee shall provide and maintain adequate waterways
for all surplus water, including stormwater, runoff pumped from excavations,
flushings or other water resulting from the permittee’s operations.
(Prior code § 97.25)
Backfilling shall consist of placing and compacting excavated
or imported backfilling material in an excavation. Compaction to a
relative density of 90 percent up to the ground surface, or up to
the base material if in a paved street, shall be achieved upon completion
of the backfill. Base material shall be compacted to a relative density
of 95 percent. Compaction tests by an approved soils laboratory or
engineer may be required at the permittee’s expense to assure
compliance with this section.
(Prior code § 97.29)
The maximum amount of open trench to be allowed shall be determined
by the administrative authority.
(Prior code § 97.31)
After a project is commenced, the permittee shall diligently
pursue all work covered by the encroachment permit and promptly complete
all work and restore the street, as near as practicable, to its original
condition to avoid obstructing the public place more than is reasonably
necessary.
(Prior code § 97.32)
When in the judgment of the administrative authority the safety
or convenience of the traveling public or the public interest requires
that encroachment work be performed as emergency work, the administrative
authority shall have full power to order, at the time the permit is
granted, that a crew of men and adequate facilities be employed by
the permittee 24 hours a day to the end that such work may be completed
as soon as practicable.
(Prior code § 97.33)
Nothing in this chapter shall be construed to prevent the making
of excavations or the performance of work necessary for the preservation
of life or property or for the location of trouble in conduit or pipe,
or for making repairs, provided that the person undertaking such work
shall apply to the administrative authority for a permit on the first
working day after the work is commenced.
(Prior code § 97.34)
Each permittee shall carry out encroachment work in a manner
which will avoid unnecessary inconvenience to the general public and
occupants of neighboring property and the permittee shall take all
practicable measures to reduce noise, dust and debris. Hours of restricted
operation, if any, may be established by resolution of the City.
(Prior code § 97.35)
The administrative authority shall make inspections and may
establish rules and regulations reasonably necessary to enforce and
carry out the intent of this chapter.
(Prior code § 97.37)
Any person who violates any provision of this chapter shall
be guilty of a misdemeanor.
(Prior code § 97.50)