When used in this article, the following words and phrases are defined as follows, unless the context clearly requires a different meaning:
"City street"
means any street which is maintained by the city or any right-of-way conveyed to and accepted by the city council by deed, subdivision map, or other instrument of record.
"Contractor"
means the permit applicant. "Contractor" shall be liable for all subcontracting in relation to the permit. Utility companies shall be the permit applicant for all utility work and repairs in existing public streets and shall be responsible that all subcontractors are properly licensed and insured.
"Director"
means the public works director of the city or his authorized deputy.
"Emergency"
means an encroachment performed in order to protect and enhance the public health, safety and welfare where time does not permit an application to be made prior to performance of the work.
"Encroachment"
means any thing or action with respect to a city street for which a permit is required by provisions of this article.
"Excavation"
means the moving of any earth, rock, paving, concrete or other materials on or under any portion of the right-of-way of a city street or land adjacent thereto.
"Obstruction"
means any tower, pole, pole line, pipe, pipe line, fill, fence, billboard, sign, stand or building, or any structure or object of any kind or character not particularly mentioned in the foregoing, which is placed in, under or over any portion of the right-of-way of any city street. No permanent obstruction shall be permitted except for utility facilities placed in conformance with the provisions of this article.
"Public utility or public agency"
means a public utility or agency having lawful authority to occupy the streets and which is authorized by law to establish or maintain any works or facilities in, under or over any public street.
"Right-of-way"
means all of the area within the boundaries of a street, as defined by the instruments creating or conveying such road, and with respect to city streets, created by use, all of the area used for road purposes, including the roadbed, shoulders, drainage ditches and fixtures, the entire surface of cuts and fills and other road appurtenances.
"Standard specifications"
means the currently adopted specifications of the city.
(Ord. 260 § 2; Ord. 284 § 1; Ord. 363 § 1; Code 1997 § 26-6)
The provisions of this article shall not apply to the following:
A. 
The construction on state highways or city streets pursuant to construction plans which have been approved by the director which construction is to be inspected by the State Division of Highways or its authorized agents.
B. 
Work done by the city, or by a person doing work pursuant to a contract with the city.
C. 
Work in new subdivisions performed in conformance with plans approved by the city engineer.
(Ord. 260 § 2; Code 1997 § 26-7)
This article shall be enforced by the director who shall cause any encroachment authorized by permit to be inspected at sufficient intervals to insure compliance with the requirements of any permit and this chapter. The contractor shall permit the director access to the work at all times.
(Ord. 260 § 2; Code 1997 § 26-8)
The violation of any provision of this article shall constitute a public nuisance, subject to abatement in any manner authorized by law, including, but not limited to, summary abatement by the director of public works pursuant to Section 3494 of the Civil Code of the state, abatement by actions authorized by Section 373(a) of the Penal Code of the state, abatement by the procedures set forth in Chapter 4.40 SLTCC and by suit for injunction. The remedies provided by this section are cumulative and shall be in addition to all other remedies or penalties provided by law.
(Ord. 270 § 1; Code 1997 § 26-8.1)
It shall be unlawful for any person, or any public or municipal corporation or political subdivision to use, open, tear up, break out, or excavate within the right-of-way of any city street for the purpose of installation, maintenance or repair of at grade or underground facilities, or for any other purpose, except in accordance with the provisions of this article.
(Ord. 260 § 2; Code 1997 § 26-9)
It shall be unlawful for any person, without first having obtained an encroachment permit therefor, or in violation of any of the conditions or provisions of any such permit, or in violation of this article, to do any one of the following acts:
A. 
Excavations. To make any excavation on any portion of the right-of-way of any city street.
B. 
Obstructions. To place or maintain any temporary obstruction on any portion of the right-of-way of any city street.
C. 
Access Roads. To establish, revise or maintain any access road across any portion of the right-of-way of any city street.
D. 
Adjacent Cuts and Fills. To make any cut or fill upon the natural ground surface upon land adjacent to a city street, any part of which measures horizontally less than three times the depth of the cut or fill from the closest right-of-way boundary line of any city street.
E. 
Oversize and Overloaded Vehicles. To drive any vehicle, or to knowingly permit any vehicle owned by him to be driven, on any city street when the combined weight of the vehicle and its load, or the size of such vehicle or its load, exceed the maximum limits of weight or size fixed by state law for state highways, or exceeds the maximum limits of weight or size for a particular city street by city ordinance.
F. 
Loading Vehicles. To park any vehicle on or within 10 feet of the center line of any city street for the purpose of loading or unloading livestock, equipment or other commodity.
G. 
Installation of Utility Poles. Except in cases of emergencies, public utilities shall give two days' prior written notice to the director of the placement, replacement or relocation of any pole along with a plan indicating the work to be done. Approval of such plan by the director shall constitute a permit. No fee will be required for such a permit.
H. 
Dumping or Placing of Snow. Dump or place snow on the right-of-way of any street.
(Ord. 260 § 2; Ord. 351 § 1; Code 1997 § 26-10)
No person, firm or corporation, public or municipal corporation, or political subdivision shall open, tear up, break out or excavate within the right-of-way of any city street for the purpose of installation, maintenance or repair of underground facilities or for any other purpose without having obtained a permit therefor as hereinafter required.
(Ord. 260 § 2; Code 1997 § 26-11)
A. 
Application. Application for the permit required by SLTCC § 7.05.130 shall be made in writing to the director on forms provided by him. The application shall contain the following information:
1. 
Plans showing work to be done, location, limits of work, location of pavement and replacement types, together with such further information as the director may require.
2. 
If an emergency street cut, opening or excavation is made, application for a permit shall be made on the next working day.
3. 
If the street cut, opening or excavation is to be made in a state highway, the application requirements of the highway department of the state shall be fulfilled.
B. 
Fees.
1. 
No encroachment permit shall be issued until the permit fee and other deposits, as required, have been paid in accordance with the following schedules:
Permit for excavation
$20.00
Permit for obstruction
$10.00
Permit for access road
$20.00
Other permits
$ 5.00
C. 
Issuance. After receipt of an application, accompanied by the required fees, the director may issue an encroachment permit therefor upon standard forms prepared by him; provided all of the requirements of this article have been met. It shall be grounds for denial of a permit if the applicant is in violation of this article or any terms or conditions as to any permit previously issued to such applicant.
D. 
Exception. Except as provided in SLTCC § 7.05.310, the provisions of this section shall not apply to a public utility or public agency.
(Ord. 260 § 2; Ord. 363 § 2; Ord. 465 § 1; Code 1997 § 26-12)
A. 
Generally. The application when approved and signed by the director or by his authorized representative shall constitute the permit. Permits shall be secured at least two working days before the work is commenced, except in the case of emergencies. Permits shall not be transferable.
The permit shall provide a time limit within which the work shall be completed.
The permit shall be void if the work is not completed within the date specified on permit unless an extension of time for good cause is granted by the director as hereinafter provided.
The contractor shall keep adequate, complete and current maps and records of all underground facilities belonging to the contractor and shall make available such maps and records to the city upon request or shall locate all underground facilities belonging to the contractor promptly upon request.
B. 
Revocation of Permit. Violation of any of the provisions of this article shall be grounds for immediate revocation of the encroachment permit. The contractor shall have a copy of the permit available on the job site at all times and shall designate a foreman who shall be responsible for the conduct of the work in accordance with the provisions of the permit and this article.
(Ord. 260 § 2; Code 1997 § 26-13)
A. 
Notice of Commencement of Work. At least two working days before the work is started, the contractor shall give notice of the time of commencement of the work to the director.
B. 
Prosecution of Work. After the work has begun it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is granted by the director.
(Ord. 260 § 2; Code 1997 § 26-14)
All work shall be performed in a neat and workmanlike manner in accordance with the standards of the city and any special requirements of the director, and shall be so performed in a manner as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required. Upon written application, streets, driveways or areas may be closed for limited periods where, in the opinion of the director, the public interests can best be served thereby. When required by the director, the contractor shall give notice to the owner or occupant of all property where access will be impaired. The work shall be coordinated with other agencies or persons working in the area to the satisfaction of the director. It is the duty of the contractor to inform himself of the existence and location of all underground facilities and to protect the same against damage. Utility companies shall remain responsible to adjust finished elevations of all manholes, water valves, pull boxes, etc., so that they do not become a hazard to traffic or snow removal equipment. Where the elevation of such structures is altered by maintenance or reconstruction work by the city, the utility company shall be responsible for the readjustment of such structures to the new finished grade.
(Ord. 260 § 2; Code 1997 § 26-15)
A. 
Barricades and Warning Signs. During the performance of the work the contractor shall provide and maintain fences, barricades, warning and directional signs, flares, watchmen and flagmen as may be required by existing laws and regulations and as deemed necessary in the opinion of the director or his designated representatives, to insure full and complete safety to the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the director. The contractor shall provide flagmen for any encroachment which results in less than one through lane in each direction of traffic flow where required by the director.
B. 
Compliance With State Safety Orders and Applicable Laws. The contractor shall obey and enforce all safety orders, rules and regulations of the division of industrial safety of the state applicable to the work and shall comply with all applicable state and local laws, ordinances, codes and regulations and barricade requirements. Electric utilities shall be governed by applicable provisions of General Order 95 and General Order 128 of the Public Utility Commission of the state and subsequent revisions or additions.
(Ord. 260 § 2; Code 1997 § 26-16)
All excavations performed pursuant to the provisions of this article shall comply with the following standards and requirements:
A. 
All asphalt roadway surfaces shall be neatly cut with a saw cut where required by the director. All other cuts shall be made with pneumatic or electric jack hammer or equivalent.
B. 
Excavated material shall be stock piled in a manner which will not interfere with traffic or present a hazard. Excavated material not suitable for backfill shall be deposited on private property where such deposit has been approved by the property owner and the director.
C. 
The provisions of SLTCC § 7.05.180 shall be strictly observed.
(Ord. 260 § 2; Code 1997 § 26-17)
All excavations made on city streets shall comply with the following requirements:
A. 
All excavations shall be backfilled with a granular material having a sand equivalent value of not less than 25 (as determined by Test Method No. 217c of the California Division of Highways) to a relative compaction of not less than 90 percent from the bottom of the excavation to the road surface. With the prior approval of the director endorsed on the encroachment permit, the backfill may be compacted by ponding or jetting of selected fine materials placed in layers not exceeding 18 inches in depth; provided, however, that the quantity of water used and the duration of ponding or jetting shall be as directed by the director. Ponding or jetting will not be permitted under, or within, two feet of the paved area.
B. 
Care shall be taken at all times to prevent siltation escaping into any watercourses or any portions of Lake Tahoe.
C. 
The director may cause backfilling to be inspected to determine if all material is properly placed and compacted. Backfill not conforming to the standards of compaction specified above shall be removed and recompacted by the contractor.
D. 
Surplus materials and debris that are left after completion will be removed by the contractor.
E. 
A minimum of four inches of Class D, C.T.B., shall be placed as a base course between the backfill and surfacing on improved streets as required by the director.
F. 
Where an excavation consists of trenching parallel to the centerline of the road, the total length of open trench shall not exceed 200 feet at any time unless otherwise approved in writing by the director.
G. 
The work shall be done in an expeditious manner as to cause as little inconvenience to the traveling public as possible. Where a convenient detour is not available, and when approved by the director, one lane of traffic may be permitted. At night, and during other periods, when work is not in progress, two 10-foot lanes must be kept open for traffic. In the event a city street is blocked by an unavoidable emergency condition it will be the contractor's responsibility to notify all emergency vehicle departments of such street closure.
H. 
In areas where street failures due to trench settlement are prevalent the director may require the following backfill method: After compacting the backfill and base, the asphalt shall be cut six inches beyond actual edge of excavation and all loose or cracked asphalt and base shall be removed. This area shall be excavated to a depth of eight inches and a Class "A" concrete bridge, six inches in thickness, shall be placed over the excavated area. A minimum of two inches of Class "B" asphalt shall then be placed and feathered into existing undisturbed asphalt as the wearing surface. Concrete and asphalt work must be completed within 14 days after backfill. Inspection may be required on all phases of work.
(Ord. 260 § 2; Code 1997 § 26-18)
Where asphalt surfacing is cut or otherwise disturbed for an excavation it shall be replaced in accordance with the following requirements:
A. 
After compacting of the backfill and base, the area shall be paved with a minimum of two inches of hot mix asphalt concrete or a greater thickness equal to that of the existing surfacing.
B. 
During the winter months, the surfacing shall consist of a temporary patch of cold mix asphalt tamped or rolled into place to conform to the existing surface elevation. This will constitute a temporary patch only and all such temporary patch work will be removed when hot mix asphalt concrete is available and will be repaired in the manner prescribed in this article. All such temporary work shall be replaced with permanent surfacing for final inspection within 30 days after the opening date of local asphalt plants in the spring.
C. 
If requested by the contractor, pavement may be replaced by the city under the direction of the director. Within 30 days after completion of the backfilling operation by the contractor, the city may resurface all excavated areas of any street, walkway or public easement with pavement and surface of the same kind and type as was removed therefrom. The city shall deduct from the deposit made by the contractor as set forth in SLTCC § 7.05.140 the cost of repaving and resurfacing, such cost shall be established by the city council from time to time.
(Ord. 260 § 2; Code 1997 § 26-19)
All obstructions placed on city streets shall comply with the following requirements:
A. 
No obstruction shall be placed upon or over any city street which changes the route of, or otherwise interferes with, the normal flow of vehicular traffic on such road.
B. 
No obstructions shall be placed upon or over any city street which would obstruct the view of traffic between any two points on such road within 500 feet of each other.
C. 
No permanent obstruction shall be placed over any city street.
(Ord. 260 § 2; Code 1997 § 26-20)
No person owning land abutting a city street shall be refused an encroachment permit for one access road from such city street to his abutting property at a point on the boundary line between the city right-of-way and his abutting property designated in such permit, unless there is no point along such boundary line at which an access road can be constructed to provide access with safety to persons traveling the city street. Any access road which does not meet the requirements of this section shall be deemed unsafe to persons using such access road and to persons traveling the city street.
This article shall not be construed to render unlawful or deprive any person of the use of any access road lawfully established either with or without an encroachment permit, prior to the effective date of the ordinance codified in this article.
Every access road to a city street, authorized by an encroachment permit issued pursuant to this article, shall comply with the following requirements:
A. 
The maximum grade throughout any portion for access roads shall not exceed five percent measured from the public street flowline perpendicular to a point 20 feet from the property line. Excepting the maximum grade throughout any portion for driveways for single-family and duplexes shall not exceed 10 percent measured from the public street flowline perpendicular to a point 20 feet from the property line.
B. 
No access road shall be authorized at any point on a city street, unless there is an unobstructed view of the city street for at least 100 feet on both sides of its intersection with the access road from all points along the access road within 30 feet from the edge of the traveled portion of the city street.
C. 
Maintenance of a private access or driveway shall be the responsibility of the property owner, and during the snow removal season such access shall be defined by the owner.
D. 
Asphalt and drainage requirements for access to private property shall be determined by the director of public works.
(Ord. 260 § 2; Ord. 787; Code 1997 § 26-21)
Any cut into or fill upon the natural ground surface upon land adjacent to a city street, or any point on which measures horizontally less than three times the depth of the cut or fill from the closest right-of-way boundary line of the city street, shall comply with the following requirements:
A. 
The slope of any part of the cut or fill shall not exceed 30 degrees from the horizontal, unless the same is held by a retaining wall.
B. 
Any retaining wall constructed on such cut or fill shall be constructed in accordance with the specifications required in the encroachment permit.
C. 
No fill or retaining wall shall be placed in such location that it would cause natural drainage waters to flow over any portion of the right-of-way of a city street, except in drainage ditches provided for such natural drainage waters.
(Ord. 260 § 2; Code 1997 § 26-22)
Notice of completion shall be filed with the director by the contractor within two days after completion of the work. Refund of the unused portion of deposits when such deposits have been required will be made at the time specified in SLTCC § 7.05.140(B)(4). The foregoing shall apply to contractors not performing work under an annual permit.
(Ord. 260 § 2; Code 1997 § 26-24)
If the work is not performed within the time allowed by the permit and if the public interests reasonably so demand, the director shall have authority to complete the work or any portion thereof.
The actual cost of such work by the city plus administrative expenses attributable thereto shall be charged to and paid for by the contractor.
Where the contractor fails to do so, barricades or lights, as required by SLTCC § 7.05.180(A), placed on excavation sites between 5:00 p.m. and 8:00 a.m. over weekends or holidays by the city will be charged to the contractor at a fee of $5.00 per day per barricade or light placed on such site.
The city may authorize performance of resurfacing work by duly, licensed private contractors, at no cost to the city, on request of the contractor. Private contractors performing such work shall file with the director a faithful performance, and a one-year maintenance bond in an amount to be determined by the director, but not less than $1.00 per square foot of area to be repaved.
(Ord. 260 § 2; Code 1997 § 26-25)
At all times during the performance of the work the city shall have the right to use the area occupied by the contractor.
(Ord. 260 § 2; Code 1997 § 26-26)
The director shall establish, or cause to be established, bond requirements in sufficient amount to insure that all improvements will be completed in accordance with the permit and the city's standards and specifications. All such bonds for assurance of completion of such work shall be provided prior to the issuance of a building permit.
(Ord. 260 § 2; Code 1997 § 26-27)
The contractor shall execute a hold harmless agreement with the city for all liabilities imposed by law for personal injury or property damage proximately caused by the work herein permitted or caused by the contractor's failure to perform the obligations under the permit. The contractor shall take out and maintain during the life of the permit such public liability and property damage insurance as shall protect the city, its elective and appointive boards, officers, agents and employees and the contractor from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the contractor's or any subcontractor's operations under the permit whether such operations be by the contractor or by any subcontractor or by anyone directly or indirectly employed by either the contractor of any subcontractor, and the amounts of such insurance shall be as follows:
Public liability insurance in an amount not less than $500,000 per person, $1,000,000 per occurrence, bodily injury and death, and $250,000 per occurrence, $500,000 aggregate for property damage.
No policies of insurance carried by the contractor shall be subject to cancellation except after notice to the city attorney by registered mail at least 30 days prior to the date of cancellation.
(Ord. 260 § 2; Ord. 318 § 1; Ord. 772 § 1; Code 1997 § 26-28)
Except as provided in this section, no deposit or bond shall be required of any public utility or public agency, but such public utility or agency shall pay to the city all inspection fees and the cost of all paving, resurfacing or other work upon demand by the city.
A. 
Fees. In lieu of individual application fees, public utilities or agencies may pay an annual fee. The amount of such annual fee shall be determined at the rate of $2.00 per encroachment made by such applicant during the preceding calendar year and shall be paid in advance at the time the first application for a permit is made after January 2nd of each year.
In lieu of insufficient records to make such a determination, the director shall determine the amount to be advanced by the individual applicant. A separate permit will be required for each encroachment by such applicants.
The city will provide an accounting of all costs incurred in connection with encroachments to each utility company at the end of each fiscal year.
B. 
Revocation of Annual Permits. Where a public utility or public agency is found by the director to have violated the provisions of this article, or any terms or conditions of the annual permit, the director, after notice and hearing, may revoke such annual permit. Thereafter such public utility shall be required to obtain a separate permit for each encroachment and to pay a separate fee required therefor in accordance with the provisions of SLTCC § 7.05.140.
C. 
Requirement of Deposit Without Revoking Annual Permit. Where a public utility or public agency is found by the director to have violated the provisions of this article, or any terms or conditions of the annual permit, the director, after notice and hearing and without revoking the annual permit, may require that any such applicant maintain cash on deposit with the city for such time as the director shall deem proper, equal to 50 times the annual permit fee or $1,000, whichever is the larger amount. No interest shall be paid on any such deposit.
(Ord. 260 § 2; Ord. 363 § 3; Ord. 465 § 2; Code 1997 § 26-29)