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.
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.
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.
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.
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.
means any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
means any pipe, conduit, duct, tunnel, buried cable or wire
or any other similar structure located below the surface of any public
place.
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)
A.
Permit
Required—Annual Blanket Permit.
1.
No
person shall establish or cause any encroachment in any public place
unless there has been first obtained an encroachment permit therefor
from the administrative authority, except as may be otherwise provided
in this chapter.
2.
The
administrative authority may issue an annual blanket permit to utilities
for purposes of placing, replacing or repairing facilities within
a public place in an unimproved area or where the opening or excavation
in a paved area does not exceed two feet in width and three feet in
length.
3.
With proper validation, this form
constitutes an encroachment permit:
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CITY OF DESERT HOT SPRINGS
DEPARTMENT OF ________________________
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APPLICATION FOR ENCROACHMENT PERMIT
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The undersigned hereby applies for a Permit to excavate, construct
or otherwise encroach on a street, right-of-way or other public place
as follows:
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Description of Work:____________________________
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Purpose of Facility:_____________________________
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Size of Excavation: ____________________________
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Approximate time when work will begin: ___________________________
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Approximate time needed to complete the work: _________________________
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(including removing all obstructions, material, and debris,
backfilling, compaction and placing permanent resurfacing and/or replacing
improvements)
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In consideration of the granting of this Permit, the
applicant hereby agrees to:
(1)
Indemnify, defend, and save the City, its authorized agents, officers,
representatives and employees, harmless from and against any and all
penalties, liabilities or loss resulting from claims or court action
and arising out of any accident, loss or damage to persons or property
happening or occurring as a proximate result of any work undertaken
under the Permit granted pursuant to this Application.
(2)
Notify the administrative authority at least 24 hours in advance
of the time when work will be started.
(3)
Comply with all applicable City Ordinances, the terms and conditions
of the Permit and all applicable rules and regulations of the City
of Desert Hot Springs.
(4)
Provide a Permit fee, cash deposit, and/or surety bond in the following
amount:
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Permit Fee $
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_________
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Plan Check Fee $
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_________
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Inspection Fee $
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_________
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Cash Deposit $
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_________
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Surety Bond $
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_________
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TOTAL $
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_________
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Receipt Number ________________________
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Applicant Insurance Co. _____________________
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Policy Number _______________________
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(5)
This deposit or surety shall be held to reimburse the City for the
costs of restoring the public place to its original condition in the
event the permittee fails to do so.
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_________________________________________________
Name of Applicant
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_________________________________________________
Authorized Signature
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_________________________________________________
_________________________________________________
Business Address
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APPROVED _________________, 20___
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Permit No. _____________________
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_________________________________________________
Administrative Authority
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EXPIRATION DATE: _________________
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Comments: ________________________________
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B.
Application—Expiration
Date—Notice of Changes.
1.
An
application form, provided by the administrative authority, shall
be submitted before any encroachment permit is issued. The application
shall state the name and address and principal place of business of
the applicant, the purpose of the facility, the location and dimension
(where applicable) of the installation or removal, the size of any
excavation to be made, the approximate time when work will begin and
the approximate time required to complete the work, including removing
all obstructions, material and debris, backfilling, compacting and
placing permanent resurfacing and/or replacing improvements. A permit
expiration date may be established by the administrative authority.
Additionally, the permittee shall give the administrative authority
24 hours advance notice when work will be started.
2.
Conditions
may be added at the time of issuance of the permit consistent with
and in implementation of the requirements of this chapter.
3.
When
approved and signed by the administrative authority, the applications
shall constitute a permit. Whenever significant changes or modifications
are made to existing facilities, the permittee shall secure written
approval from the owner of the facility and an addendum to the original
encroachment permit from the administrative authority.
C.
Fees.
The administrative authority may collect a permit fee to cover the
cost incurred by the City pursuant to the provisions of this chapter.
Recoverable costs include administrative expenses involved in the
issuance of an encroachment permit, checking plans for compliance
with this chapter and other ordinances and field inspections conducted
to insure compliance with the terms and conditions under which the
encroachment permit was issued. Fee schedules may be established by
resolution of the City Council.
(Prior code § 97.13)
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)
A.
The
permittee shall indemnify, defend and save the City, its authorized
agents, officers, representatives and employees, harmless from and
against any and all penalties, liabilities or loss resulting from
claims or court action and arising out of any accident, loss or damage
to persons or property happening or occurring as a proximate result
of any work undertaken under the permit granted pursuant to this chapter.
B.
Additionally,
the permittee shall be responsible for all liability imposed by law
for personal injury or property damage caused by work performed under
the encroachment permit or caused by failure on the permittee’s
part to perform his or her maintenance obligations under such permit.
C.
If
any liability claim is made against the City, its officers or employees,
the permittee shall defend, indemnify and hold them, and each of them,
harmless from such claim insofar as permitted by law. The administrative
authority may require proof of financial responsibility to meet the
permittee’s obligation under this section. An insurance policy,
acceptable to the City and naming the City as an additional insured,
may meet the requirements of this section.
(Prior code § 97.15)
A.
Prior
to the issuance of any encroachment or excavation permit involving
any street pavement cutting, paving or other work conducted in any
City right-of-way, the applicant shall submit a deposit or bond to
the Finance Officer in the amount of ten percent of the total contract
price of the work being done. Proof of such work and the total contract
price shall be evidenced by submission of a copy of the contract which
shall accompany the deposit or bond at the time of application. The
deposit or bond will be held by the City for a period of 60 days from
the date of final approval of the work by the Director of Public Works
or his or her representative.
B.
The
City may elect to utilize all or any portion of the ten percent deposit
or bond to cause the work to be completed in satisfactory condition.
In that event, such deposit will be returned to the applicant less
any cost incurred by the City to affect completion of the work.
(Prior code § 97.16)
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)
A.
It
shall be the duty of every person undertaking any construction, including
making an excavation in or upon any public place, to place and maintain
barriers and warning devices necessary for the safety of the general
public.
B.
For
excavations over five feet in depth, blasting operations and tunneling
work, the permittee shall, when required by law, obtain a permit from
the state division of industrial safety and/or federal safety regulations.
C.
Barriers,
warning signs, lights, and the like, shall conform to the requirements
of the Manual of Warning Signs, Lights, and Devices for Use in Performance
of Work Upon Highways, issued by the State Department of Transportation,
and to any additional requirements specified by the administrative
authority. Warning signs shall be placed as prescribed in Article
4-02 of the Traffic Manual issued by the State Department of Transportation.
D.
The
permittee shall take appropriate measures to assure that during the
performance of construction work on streets, traffic conditions as
normal as practicable shall be maintained at all times so as to minimize
inconvenience to the occupants of the adjoining property and to the
general public.
E.
When
traffic conditions permit, the administrative authority may, by written
approval, permit the closing of streets and alleys to all traffic
for a period of time prescribed by him or her. The written approval
of the administrative authority may require that the permittee provide
approved detours and give notification to various public agencies
and to the general public. In such cases, the written approval shall
not be valid until notice is given.
(Prior code § 97.19)
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)
A.
Permittees
shall inform themselves as to the existence and location of all facilities
likely to be encountered by their operations.
B.
Unless
the law otherwise provides, relocation of an existing facility shall
be performed in accordance with a plan approved by the owner. No facility
owned by the City shall be moved to accommodate the permittee unless
the cost of such work be borne by the permittee.
C.
All
facilities affected by any excavation or other construction work shall
be supported and protected by the permittee with methods approved
by the owner of the facility. Should an existing facility be damaged
by the permittee’s operations, and for this purpose pipe coating
or other encasement or devices are to be considered as part of a facility,
the permittee shall promptly notify the owner of the damaged facility.
All facilities damaged by the permittee’s operations shall be
repaired as directed by the owner and the expense of such repairs
shall be charged to the permittee.
(Prior code § 97.21)
A.
Whenever
a substructure is abandoned, except the abandonment of service lines
designed to serve single properties, the person owning, using, controlling
or having an interest therein shall file with the administrative authority
a drawing or written statement indicating, in detail, the location
of the substructure so abandoned. At the time of such abandonment,
the administrative authority may determine what portion, if any, of
the abandoned substructure shall be removed or otherwise treated.
B.
Whenever
a driveway approach is abandoned, or can no longer be justified by
the use made of the abutting property, the administrative authority
may require removal of any associated driveway, apron or curb depression
and restoration of any existing curb, gutter or sidewalk across the
driveway width.
(Prior code § 97.22)
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)
A.
Asphalt
Pavement. Asphalt pavement shall be saw cut unless an alternate method
is approved by the administrative authority.
B.
Concrete
Sidewalk, Curb and Gutter and Cross-Gutter.
1.
All
concrete facilities shall be saw cut. The depth of cut shall be a
minimum of one-third of the thickness of the material being cut.
2.
Sidewalks,
curbs, gutters and cross-gutters shall be cut on and removed to the
nearest joint or score line. In the absence of lines and joints, the
area to be cut and removed will be determined in the field by the
administrative authority or his or her agent.
(Prior code § 97.26)
A.
The
administrative authority may require boring and jacking of utility
lines and conductor casings in public streets.
B.
All
nonrigid, nonmetallic pipe larger than four inches shall be installed
in a conductor casing.
C.
All
metallic and nonmetallic pipe four inches and under may be installed
without a conductor casing.
(Prior code § 97.27)
A.
Unless
otherwise approved by the administrative authority, the minimum cover
of substructures shall be as follows:
1.
Streets
and Alleys.
a.
Twenty-four inches below the established flow line of the nearest
gutter;
b.
If a flow line is not established, then the depth shall be a minimum
of 30 inches below the surface of the nearest outermost edge of the
traveled portion of the street; or
c.
Designed elevations approved by the administrative authority.
2.
Parkways.
Eighteen inches below established parkway elevation.
3.
Other
Public Places. Twelve inches below the surface.
B.
Unless
the law otherwise provides, nothing in this chapter shall impose a
duty upon the permittee to maintain these minimum depth requirements
upon subsequent changes of elevation in the surface unless the depth
of the substructure interferes with the maintenance of, or travel
on, a public street.
(Prior code § 97.28)
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)
A.
Concrete
Sidewalk, Curb and Gutter and Cross-Gutter. All concrete facilities
shall be replaced at the same cross-section thickness as that removed
except that the sidewalks shall be a minimum of four inches thick
and driveways, gutters and cross-gutters shall be a minimum of six
inches thick or as required by the adopted standards of the administrative
authority.
B.
Asphalt
Pavement.
1.
All
trenches within existing paved roads shall be provided with temporary
surfacing, unless the permittee immediately installs permanent resurfacing.
Temporary paving shall be properly maintained until permanent surfacing
is placed.
2.
Prior
to placement of permanent pavement, edges shall be trimmed to a vertical
face. Permanent pavement shall be the thickness of the existing pavement
plus one inch. The pavement shall be placed so that the finished surface,
after compaction, is level with or does not exceed a maximum one-fourth
inch above the existing pavement and does not overlap onto the existing
pavement. If the pavement is to overlap the trench cut, it shall be
brought up in two lifts, the first lift to be level with the existing
pavement when completed.
3.
If
over 50 percent of a street is destroyed, the administrative authority
may require a structural overlay of the entire street.
C.
Lawn
Areas.
1.
Whenever it may be necessary for the permittee to trench any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in Section 12.12.200 of this chapter.
2.
All
construction and maintenance work shall be done in a manner calculated
to leave the lawn area clear of earth and debris and in a condition
as near as practicable to that which existed before the work began.
The permittee shall not remove, even temporarily, any trees or shrubs
which exist in parkway areas without first obtaining the consent of
the administrative authority.
(Prior code § 97.30)
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)
A.
No
monument set for the purpose of locating or preserving the lines of
any street or property subdivision, including precise survey reference
points or permanent survey bench marks within the City, shall be removed
or disturbed by any person who has not first obtained written permission
from the administrative authority.
B.
Permission
to remove, disturb or replace monuments shall only be granted upon
the condition that the removal, disturbance or replacement of any
monument be done under the supervision of a registered engineer or
licensed land surveyor. Any expenses incurred by the administrative
authority for the proper replacement of monuments shall be paid by
the permittee.
(Prior code § 97.36)
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)
A.
Any
utility company or contractor conducting work within any City right-of-way
shall obtain an encroachment or excavation permit prior to undertaking
work within the right-of-way. At the time of application for an encroachment
or excavation permit, such company or contractor shall submit a complete
list of all subcontractors to be utilized in the conduct of the work
to the approval of the City. All companies, contractors or subcontractors
shall provide evidence of the following prior to the issuance of an
encroachment or excavation permit:
B.
All
work conducted within the City right-of-way must comply with the currently
adopted edition of Standard Specifications for Public Works Construction.
(Prior code § 97.38)
Any person who violates any provision of this chapter shall
be guilty of a misdemeanor.
(Prior code § 97.50)
