In the conduct of any encroachment work, supplies and excavated
material shall be properly placed, and the permittee shall provide
and maintain such safety devices, including, but not limited to, lights,
barricades, signs, watchmen, as are necessary to protect the public.
Any omission on the part of the Director to specify in the permit
what safety devices shall be provided by, or preventative action required
of, the permittee shall not excuse the permittee from complying with
all laws, regulations, and ordinances relating to the protection of
persons or property under the circumstances. If the Director finds
that suitable safeguards are not being provided, he may provide, maintain
and relocate such safety devices or take such action as is deemed
necessary, charging the permittee the actual costs of such work.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
A permittee making any excavation or leaving any obstruction
which could be a hazard to persons using a right-of-way shall provide
and maintain warning lights far enough away from the persons, and
at not more than 50 foot intervals along the excavation or obstruction,
from one-half hour before sunset of each day to one-half (½)
hour after sunrise the next day, until the work is completed and the
right-of-way is made safe for use.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
All safety devices shall conform to the requirements of the
sign manual issued by the Department of Public Works of the State,
the Vehicle Code, and the Work Area Traffic Control Handbook, so far
as such manuals are applicable.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
If, in the judgment of the Director, it appears desirable to
maintain an inspector to determine whether work is being done in compliance
with the permit, the Director shall assign an inspector, and the permittee
shall pay the City in accordance with the schedule of charges as adopted
by the Council. This section shall be applicable to all permittees,
including districts and other political subdivisions.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
No person shall obstruct the Director, or his duly authorized
representative, in making any inspection authorized by this chapter
or in taking any sample or in making any test.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Whenever this chapter requires a permittee to perform work,
take any action, or be liable for any fee or cost, such requirement
also shall apply to any person who commences any work for which a
permit is required by this chapter, whether such person obtains such
a permit or not.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Any person who shall commence any work for which a permit is
required by this chapter without first having obtained a permit therefor
shall stop the work and apply for such permit. Failure on the part
of such person to stop the work and to obtain a proper permit shall
make him or her in violation of this chapter and subject to all the
penalties therefor.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Every permit issued pursuant to this chapter for activity or
work in, along, on, over, across or under a highway shall be granted
subject to the right of the City, or of any other person entitled
thereto, to use that part of such highway for any purpose for which
such highway may lawfully be used. Proof of the applicant's right
to use the highway for the purposes set forth in the application shall
be filed with the Director.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
All work shall be performed in accordance with the Standard
Specifications for Public Works Construction, including revisions,
or according to the plans and specifications referred to in the permit
and, in addition, any special requirements and/or specifications which
are made a part of the permit. In the event of conflict between two
specifications, the higher specification shall apply.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
No change may be made in the location, dimensions, character,
or duration of the encroachment or use as granted by the permit, except
on authorization by the Director.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
The permittee shall make the permit available for inspection
by the Director, or his or her representative, or by any peace officer
or other person having responsibility for safety or maintenance of
a highway. Each permit for moving shall be in or on the vehicle or
combination of vehicles to which the permit refers.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
The Director may refuse to issue a permit under the following
conditions:
(a)
When
he or she finds that it is not in the best interests of the general
public to do so; and
(b)
When
he or she finds that it will be detrimental to the public health,
safety or welfare.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
A permit may be canceled by the Director for any of the following
reasons:
(a)
When
permitted work is not started within the time specified and/or is
started but not diligently prosecuted to completion.
(b)
For
failure on the part of the permittee to comply with all of the requirements
of the permit; and
(c)
For
failure on the part of the permittee to provide for the public safety.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Upon the completion of the encroachment work authorized by a
permit, the permittee shall restore the right-of-way, including bridges
and any other structure thereon, by replacing, repairing, or rebuilding
the right-of-way in accordance with the specifications or any special
requirement, but not less than to its original condition before the
encroachment work was commenced. The permittee shall remove all obstructions,
materials, and debris upon the right-of-way and shall do any other
work necessary to restore the right-of-way to a safe and usable condition,
as directed by the Director. Where an excavation occurs within an
area already paved, the Director may require temporary paving to be
installed within 24 hours after the excavated area is backfilled.
In the event that the permittee fails to act promptly to restore the
right-of-way as provided in this section, or should the nature of
any damage to the right-of-way require restoration before the permittee
can be notified or can respond to notification, the Director, at his
or her option, may make the necessary restoration. The permittee shall
reimburse the City in accordance with the schedule of charges adopted
by the Council.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Where the pavement or surface has been removed, the permittee
shall replace it to a thickness one inch greater than that of the
surrounding pavement or surface and, in no event, to a thickness less
than five inches of asphalt or three inches of asphalt on a four inch
base.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Where the street surface has been treated with a seal or slurry
prior to the work under permit, the seal and/or slurry shall be replaced
upon the portion repaired.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Where the structural section removed varies from or exceeds
the average existing section, the Director may elect to require the
replacement of an equivalent section which would meet the average
structural section requirements.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
In those instances where the permittee's excavation is within
an area of highway to be reconstructed by the City, and the resurfacing
of the excavation is an integral part of the general City improvement,
the Director may waive such resurfacing.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
The permittee shall investigate and be aware of all existing
facilities lawfully within the highways which are within the limits
of his activity by utilizing a regional underground facilities coordination
agency (such as the underground Service Alert). The permittee shall
not interfere with any existing public or private facility without
the consent of its owner. The cost of moving publicly and privately
owned facilities shall be borne by the permittee, unless he makes
other arrangements with the owner of the facility, or unless the owner
is required by his franchise or agreement to move his facility without
cost.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
The permittee shall support and protect all wires, cables, pipes,
conduits, poles, and other apparatus, both aerial and underground,
by a method satisfactory to the owner. The owner shall have the right
to support or protect any of its facilities at the sole expense of
the permittee. In the event any of such wires, cables, pipes, conduits,
poles, or apparatus should be damaged (and, for this purpose, pipe
coating or other encasement of devices is considered as part of the
structure), they may be repaired by the owner at the expense of the
permittee or, if authorized by the owner, may be repaired by the permittee
under the supervision of the owner. The expense of repairs to or the
maintenance of any damaged facility shall be borne by the permittee.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
No structure/equipment moving contractor shall interfere in
any manner whatsoever with any property of any public utility. When
any load requiring a special permit is moved along or across any highway,
and it is determined that the height, width, or weight of such load
exceeds the height, width, or weight as stated in the permit, and
property damage results therefrom, the Director is authorized to withhold
any other permit from the violator until he produces evidence satisfactory
to the Director that each additional permit load complies with all
the dimensions and weights as shown upon the application and that
the load will not interfere with any public utility.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
Where the location or position of an encroachment impairs visibility
to vehicular traffic, the Director may require that the encroachment
be painted or equipped with reflectors or other aids to visibility
prescribed or authorized by the Public Utilities Commission or Traffic
Manual of the State, or the Director may require the encroachment
to be relocated at the sole expense of the permittee. No encroachment
of any nature shall be permitted or maintained which impedes, obstructs,
denies, or dangerously impairs the sight distance for safe pedestrian
vehicular traffic.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
All persons shall obey and comply with every order, decision,
direction or rule made or presented by the Director in the matters
specified on the permit or by attachment, or by any other matter in
any way relating to or affecting their use of the highway or right-of-way,
and shall do everything necessary or proper to secure compliance therewith
by all of its officers, agents, and employees, except in the case
of a public utility regulated by the Public Utilities Commission of
the State, when such order, decision, direction, or rule is contrary
to, or in conflict with, any order, decision, direction, or rule made
or prescribed by the Public Utilities Commission of the State applicable
to such public State utility.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
The City may require the removal or relocation of any encroachment,
lawful or unlawful, on a finding that the encroachment is detrimental
to the public health, safety or welfare. The removal and relocation
of encroachments pursuant to this section shall be in accordance with
the procedures and penalties provided in Sections 1481 through 1485
of the Streets and Highways Code of the State.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
When an encroachment is removed and not replaced, the entire
encroachment shall be removed from the right-of-way and the hole backfilled
and compacted and returned to its preexisting condition, unless the
Director permits otherwise.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
All encroachments shall be planned and executed in such a manner
that they will not unreasonably interfere with the safe and convenient
travel of the general public.
(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
(a)
Spilling of substances from vehicle. No person, while carrying,
hauling or moving any dirt, trash, garbage, sawdust, sand, gravel
or other loose substance upon, along or over any street in this City
shall allow or permit any such dirt, trash, garbage, sawdust, sand,
gravel or other such substance to sift, leak, spill or go upon such
street.
(b)
Water on streets. All water which is caused or suffered
to run across or upon any sidewalk, street or alley in such a manner
as to cause inconvenience to any person or persons traveling the same
is declared to be a nuisance.
(c)
Merchandise obstructing streets and sidewalks. Placing or
keeping or permitting to be placed or kept on the sidewalks or pavements
of the main business streets in the City of any goods, wares or merchandise,
boxes, vehicles, lumber, bricks, dirt, sand, firewood or any other
article or thing is declared to be a nuisance.
(d)
Leaving goods upon the sidewalk. It is unlawful to allow
any goods, wares, furniture or merchandise, baggage, equipment or
freight of any kind to be or remain upon any public sidewalk of this
City for any period of time in excess of 10 minutes, except when the
same is in actual process of being loaded into or discharged from
a vehicle.
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Nothing in this chapter shall prohibit the unloading of goods,
wares or merchandise on any sidewalk where the goods, wares and merchandise
are immediately removed.
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(§§ 2 and 6, Ord. 673, eff. June 8, 1990)
