[1961 Code, § 18.1; Ord. 702]
This chapter shall be known and may be cited as the “Indio Streets, Parkway and Public Places Ordinance.”
[1961 Code, § 18.2; Ord. 702]
The purpose of this chapter is to develop procedures and regulations and to assign responsibility for the use and maintenance of the public streets, parkway and public places.
[1961 Code, § 18.3; Ord. 702]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
The Director of Public Works or his designated representative, unless otherwise specified in the various sections.
Any device made of cloth, plastic, or any other material, including any article of display, advertising or decorative matter whose purpose is to advertise special civic events, seasons, holidays or activities of service clubs, or youth groups that conform to the Unified Development Code and are made to be extended over and/or along or across a public place.
The entry upon, over, under, or placing any facility upon, across, over or under, or the use of any public place in such a manner as to interfere temporarily or permanently with the normal use thereof.
Any opening in, under, or across the surface of a public place in any manner except a lawful opening into substructure below the surface of the public place.
Any pipe, pipeline, tube, service line, vault, manhole, meter gauge regulator, valve, conduit, wire, power pole, pole line, anchor, cable, junction box, transformer, curb, gutters, sidewalks, paving, irrigation and landscaping, or any other object including buildings, portions, or any other material substance whether natural or manmade, constructed, left, placed in, upon, along, over, under or across, or maintained temporarily or permanently in any public place.
Facilities constructed in public streets, parkways and public places and included, but not limited to sidewalks, curbs and gutters, planters, landscaping, irrigation systems, street lighting and ornamental lighting.
That portion of the street right-of-way lying outside the curbline, existing or proposed, whether improved or not.
A form provided by the city. The form will be two-fold; it will be an application when filled out by the permittee and a permit when approved by the Administrative Authority. All permit forms are obtained at the office of the Department of Public Works.
Any individual, owner, lessee, tenant, occupant, private company, firm, partnership, corporation, governmental agency or organization of any kind.
Any street, alley, square, plaza, park, mall, parking lot or other property owned by the city and dedicated for public use.
That portion of the sidewalk area that has been improved with a concrete or asphaltic surface.
A portion of or all of a parkway that is unimproved (no concrete or asphaltic concrete sidewalks), but is maintained for pedestrian purposes.
Any dedicated right-of-way for street, alley, or utility purposes, whether improved or not.
Any pipe, conduit, duct, tunnel, cable, wire, vault, manhole or any other similar structure located below the surface of any public place.
Any individual, private company, partnership, corporation, and the like, operating under the public utility commission or a municipality, county district, or other governmental agencies engaged in providing a particular service to the general public.
[1961 Code, § 18.4; Ord. 702]
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.
[1961 Code, § 18.5; Ord. 702]
(A)
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.
(B)
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.
[1961 Code, § 18.6; Ord. 702]
(A)
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 dimensions (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.
(B)
Conditions may be added at the time of the issuance of the permit consistent with and in implementation of the requirements of this chapter.
(C)
When approved and signed by the Administrative Authority, the application constitutes a permit. Whenever significant changes or modifications are to be 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.
[1961 Code, § 18.7; Ord. 702]
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 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.
[1961 Code, § 18.8; Ord. 702]
All encroachment work shall be performed in accordance with State of California Department of Transportation Standard Specifications and Standard Details, most recent edition, 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.
[1961 Code, § 18.9; Ord. 702]
(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 approximate 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 permittee's part to perform his 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.
[1961 Code, § 18.10; Ord. 702]
If required by the Administrative Authority, the permittee shall provide a cash surety bond or owner acceptable security in the amount determined by the Administrative Authority as sufficient to reimburse the city for the cost of restoring the public place to its original position in the event the permittee fails to do so.
[1961 Code, § 18.11; Ord. 702]
(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 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 California Division of Industrial Safety and/or any other permit required by state or federal safety regulations.
(C)
Barrels, 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 of California, Department of Transportation and to any additional requirements specified by the Administrative Authority. Warning signs shall be placed as described in Article 402 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 near 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. 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.
[1961 Code, § 18.12; Ord. 702]
The construction work shall be performed and conducted so as not to interfere unreasonably with access to fire hydrants, fire stations, fire escapes, watergates, underground vaults, valve housing structures, and all other vital equipment designated by the Administrative Authority.
[1961 Code, § 18.13; Ord. 702]
(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 is 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.
[1961 Code, § 18.14; Ord. 702]
(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.
[1961 Code, § 18.15; Ord. 702]
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.
[1961 Code, § 18.16; Ord. 702]
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.
[1961 Code, § 18.17; Ord. 702]
The permittee shall provide and maintain adequate waterways for all surplus water, including storm water, runoff pumped from excavations, flushings or other water resulting from the permittee's operations.
[1961 Code, § 18.18; Ord. 702]
(A)
Asphalt pavement. Asphalt pavement shall be saw-cut unless an alternate method is approved by the Administrative Authority.
(B)
Concrete sidewalk, curb, gutter and cross-gutter. 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. 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 agent.
[1961 Code, § 18.19; Ord. 702]
(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 three inches shall be installed in a conductor casing.
(C)
All metallic and nonmetallic pipe three inches and under may be installed without a conductor casing.
[1961 Code, § 18.20; Ord. 702]
Unless otherwise approved by the Administrative Authority, the minimum cover of substructures shall be as follows:
(A)
Streets and alleys. 36 inches below the established flow line of the nearest gutter, or if a flow line is not established, then the depth shall be at a minimum of 48 inches below the surface of the nearest outermost edge of the traveled portion of the street, or, designed elevations, approved by the Administrative Authority;
(B)
Parkways. 36 inches below established parkway elevation;
(C)
Other public places. Twelve inches below the surface. 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.
[1961 Code, § 18.21; Ord. 702]
Backfilling shall consist of placing and compacting excavated or imported backfilling material in an excavation. Compaction to a relative density of 90% 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%. Compaction tests by an approved soils laboratory or engineer may be required at the permittee's expense to assure compliance with this section.
[1961 Code, § 18.22; Ord. 702]
(A)
Concrete sidewalk, curb, gutter and cross-gutter. All concrete facilities shall be replaced at the same cross-section thickness as that removed except that 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. 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.
(1)
Prior to placing 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 of one-quarter 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.
(2)
If over 50% of a street is destroyed, the Administrative Authority may require a structural overlay of the entire street.
(C)
Lawn areas. 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 this chapter. 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.
[1961 Code, § 18.23; Ord. 702]
The maximum amount of open trench to be allowed shall be determined by the Administrative Authority.
[1961 Code, § 18.24; Ord. 702]
After the project is commenced, the permittee shall diligently pursue all work covered by the encroachment permit, 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.
[1961 Code, § 18.25; Ord. 702]
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.
[1961 Code, § 18.26; Ord. 702]
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.
[1961 Code, § 18.27; Ord. 702]
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.
[1961 Code, § 18.28; Ord. 702]
(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 benchmarks 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 placement of monuments shall be paid by the permittee.
[1961 Code, § 18.29; Ord. 702]
The Administrative Authority shall make inspections and may establish rules and regulations reasonably necessary to enforce and carry out the intent of this chapter.