As used in this chapter, the following words and phrases are
defined as follows:
"Applicant"
means any person applying for a permit to perform work or
construct facilities in a city street right-of-way.
"Application"
means a written application for permit pursuant to the terms
and provisions of the city code.
"Director"
means the director of public works of the city acting directly
or through properly authorized agents acting within the scope of the
particular duties delegated to them.
"Encroachment"
means and includes any facility, pole, pole line fence, driveway,
sign or any structure or object of any kind which is placed in, under
or over any portion of a city street, alley or parking lot. Additionally,
encroachment means the entering upon a street for maintenance or repair
work or existing facilities.
"Improvement"
means the construction and installation of any work within
a city street right-of-way.
"Permit"
means a written encroachment permit issued by the director,
pursuant to the provisions of this code.
"Street"
means and includes all or any part of the entire width of
right-of-way or property whether or not such entire area is used for
street purposes. Street, as used in this chapter, also refers to city-owned
alleys and parking lots.
"Traveled way"
means the paved section of the road extending from four feet
outside the outer traffic lane to four feet outside the opposite traffic
lane.
(Prior code § 17-1)
It is unlawful for any person to construct, install or cause
to construct or install any improvement or encroachment in a city
street without first obtaining a permit from the director of public
works.
(Prior code § 17-2)
In order to secure a permit for the construction and installation
of any improvement or encroachment an application must first be filed
accompanied by a plan for such work with the director.
(Prior code § 17-3)
The director may issue written permits authorizing the permittee
to do any of the following:
A. Make
an opening or excavation in a street for any purpose;
B. Place,
change, renew or maintain an encroachment;
C. Place
or display in or over a street any kind of advertising sign or device.
Any such sign placed or displayed contrary to the provisions of this
chapter is a public nuisance and it may immediately be removed. The
provisions of this section shall not prohibit the posting of any notice
in a manner required by law or any court;
D. Plant,
remove, cut down, injure or destroy any tree.
(Prior code § 17-4)
Any permit issued shall provide that the permittee will pay
the entire expense of replacing the street in as good a condition
as before and shall provide such other conditions as to the location
and manner in which the work is done as the director finds necessary
for the protection of the street and public.
(Prior code § 17-6)
In the event future improvement of the streets necessitates
relocation of such encroachment the permittee will relocate same at
their sole expense. All permits other than those issued to a public
agency or public utility having lawful authority to occupy the streets
are revocable on five days' notice and the encroachment shall be removed
or relocated as specified by the director at the expense of the permittee.
(Prior code § 17-7)
Permittees may excavate openings in streets to make repairs
in cases needing immediate action. In such cases the director shall
be promptly notified of such action and permittees shall at their
own expense immediately replace such street in as good a condition
as before such excavation. All the work performed shall comply with
the provisions of this code with the exception that a written permit
will not be required prior to beginning work.
(Prior code § 17-8)
The director may issue a blanket permit renewable annually for
the installation of service connections and for ordinary maintenance.
(Prior code § 17-8.1)
Only licensed contractors or employees or public agencies or
utilities will be allowed to perform work within city streets. Property
owners performing the work themselves may be allowed to work fronting
their property outside the traveled way.
(Prior code § 17-8.2)
Repeated failure to provide proper traffic controls as required
or to comply with the provisions of the code shall be justification
for the director to rescind an existing encroachment permit and to
refuse to issue future permits.
(Prior code § 17-8.4)
It is unlawful for any person to cause damage to any city street
in any form including water seepage and overflow and such person causing
damage shall make repairs within a reasonable time or the director
shall make repairs and recover the cost from such person.
(Prior code § 17-8.6)
All work within city streets shall be in conformance with the
city standard plans and specifications shall be to the lines and grades
established or approved by the city.
(Prior code § 17-8.7)
All work shall be subject to inspection by the director.
(Prior code § 17-8.8)
Trenching and excavation shall not be open overnight. They shall
either be backfilled to subgrade and surfaced to finish grade with
either permanent or temporary paving materials or shall be covered
with a steel plate capable of supporting traffic loads at the end
of every day's work unless otherwise permitted in writing by the director.
Temporary paving shall be maintained by the permittee until permanent
paving is placed. Permanent paving shall be placed within ten days
of backfilling.
(Prior code § 17-8.10)
All requirements of this code shall be applicable to new subdivision
streets prior to acceptance by the city council, from the time that
public traffic is allowed to utilize the streets.
(Prior code § 17-8.11)
Before issuance of a permit, a certificate of insurance or an
approved plan of self-insurance shall be submitted by the permittee
or the contractor performing the work providing the following coverages:
workers' compensation, comprehensive automobile and general public
liability insurance with an insurer acceptable to the city in an amount
of at least one million dollars per occurrence combined single limit.
The city shall be named as an additional insured and the insurance
shall carry a cross liability clause and a provision that the insurance
applies as primary, not excess, to any insurance carried by the city.
(Prior code § 17-8.13)
Permit and inspection fees shall be as adopted by resolution
of the city council. Consideration of any resolution establishing
or revising fees shall be at a duly advertised public hearing.
(Prior code § 17-8.14)
The council may by resolution grant permits revocable at its
will for minor or temporary purposes or privileges on public property
subject to such terms and conditions as it deems necessary for the
public interest. The use of the property by the permittee shall constitute
acceptance and agreement to be bound by the terms and conditions of
the permit.
(Ord. O2018-27 § 1)
Applications for revocable permits shall be filed with the community
development department and shall be accompanied by a map or plat indicating
the area for which the permit is sought. If any work is to be undertaken
in the area subject to the permit, the application shall also be accompanied
by a detailed plan or plans of such work.
The community development director or designee shall refer such
application to the city council together with a recommendation concerning
the approval, conditional approval or denial of such permit.
(Ord. O2018-27 § 1)
The community development director may review applications for
and approve or conditionally approve revocable permits for the following
uses:
A. Behind
existing curbs and gutters:
3. Construction
of landscape planters,
B. Groundwater
monitoring wells;
C. Privately
owned utilities within public streets and alleys;
(Ord. O2018-27 § 1)