14.08.020 Definitions.

14.08.145 Additional conditions of permits authorizing construction or excavation work - Waiver of surety bond or other security for permittees owning adjoining property.

14.08.150 Additional conditions of permits authorizing construction or excavation work - Performance of construction or excavation work.

14.08.160 Special conditions of permits.

14.08.170 Stop notice.

14.08.180 Permit revocation.

14.08.190 Removal and restoration work.

14.08.200 Violations.

14.08.010 Purpose.

This chapter is adopted pursuant to the municipal affairs provisions of the city Charter for the purpose of regulating excavations and/or encroachments on, over or under a public right-of-way or public service easement.

(Ord. 1928 §2 (part))

14.08.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. Encroachment. The term “encroachment” shall mean any construction work performed within a public right-of-way or public service easement; any work other than construction work performed within a public right-of-way or public service easement which obstructs the public right-of-way or public service easement or interferes with the use of the public right-of-way or public service easement for its intended purpose; and any structure or object other than a vehicle which is placed or installed within a public right-of-way or within a public service easement in a manner which obstructs the public right-of-way or public service easement, or in a manner which otherwise interferes with the use of the public right-of-way or public service easement for its intended purpose.

B. Excavation. The term “excavation” shall mean the removal of any macadam, concrete or other surface material covering a public right-of-way or public service easement, and/or the removal of any earth material in or under the public right-of-way or public service easement.

C. Public Right-of-Way. The term “public right-of-way” shall mean any city street, sidewalk, pedestrian path, bike path or any other “public way,” as that term is defined in the California Streets and Highways Code.

D. Public Service Easement. The term “public service easement” shall mean any public sewer easement, public storm drain easement, public utility easement or other “public service easement,” as the term is defined in the California Streets and Highways Code.

(Ord. 1928 §2 (part), Ord. 1992 §1)

14.08.030 Administration by public works director.

The public works director shall administer this chapter, including, but not limited to, acting on all applications for a permit required by this chapter, and undertaking any of the enforcement actions provided for by this chapter. Where the term “director” is used in this chapter, it shall refer to the director of the public works department.

(Ord. 1928 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §4, Ord. 2151 §7, Ord. 2364 §120, Ord. 2439 §87)

14.08.040 Administrative review of determination or action of director by city manager.

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the director pursuant to the provisions of this chapter may apply to the city manager for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by the director pursuant to this chapter shall be in writing and shall be filed in the office of the city manager no later than 15 days following the date such determination or action was made or taken, or where written notice of such determination or action is required to be served, the date such notice is served, provided that the city manager may extend the time for filing an application for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the director, such application shall contain a brief statement of the reasons why the applicant believes that such determination or action does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such determination or action.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the director pursuant to the provisions of this chapter, the city manager shall consider the application and render a decision either affirming the determination or action of the director or reversing or modifying such determination or action. Prior to rendering a decision, the city manager may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision, provided notice of the date, time, and place of such hearing is served on the person who filed the application for administrative review within a reasonable time prior to such hearing. After rendering a decision, the city manager shall promptly inform the director of the decision and shall cause a notice of the decision to be served on the person who filed the application for administrative review.

D. Stay of Determination Made or Action Taken by Director Pending Administrative Review. Any determination made or action taken by the director in accordance with the provisions of this chapter, save and except for an order to stop work issued by the director or the commencement or prosecution of work by the director to remove or remedy a condition in a public right-of-way or public service easement which threatens the safety of life or property, shall be stayed pending a decision of the city manager on an application for administrative review of such determination or action.

(Ord. 1928 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §5, Ord. 2268, Ord. 2364 §121)

14.08.050 Appeal from decision of city manager.

A. Right to Appeal. A person aggrieved by a decision of the city manager following the filing of an application for the administrative review of a determination made or action taken by the director pursuant to the provisions of this chapter may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code.

B. Stay of Decision of City Manager Pending Appeal. Any decision of the city manager on an application for administrative review of a determination made or action taken by the director in accordance with the provisions of this chapter, save and except for an order to stop work issued by the director or the commencement or prosecution of work by the director to remove or remedy a condition in a public right-of-way or public service easement which threatens the safety of life or property, shall be stayed pending a final decision of the city council on such appeal.

(Ord. 1928 §2 (part), Ord. 2004 §12, Ord. 2012 §4 (part), Ord. 2136 §5, Ord. 2364 §122)

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