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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)
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)
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)
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)
Except as provided in this chapter, it shall be unlawful for any person to encroach upon a public right-of-way or public service easement or make an excavation within public right-of-way or public service easement unless and until a permit for such encroachment or excavation has been approved and issued in the manner provided by this chapter.
(Ord. 1928 §2 (part))
Notwithstanding the provisions of this chapter to the contrary, a permit shall not be required for the following encroachments or excavations on or within a public right-of- way or public service easement:
A. An encroachment made in the performance of work required by a public works contract between the city and a contractor;
B. An encroachment made pursuant to a subdivision improvement agreement between the city and a subdivider;
C. An encroachment made pursuant to a permit authorizing the use of city streets or sidewalks for parades, athletic events or public assemblies issued in the manner hereinafter provided by this title;
D. An encroachment made by the owner of property adjoining a public right-of-way for the purpose of installing concrete flat work in a parkway between a public street and sidewalk or for the purpose of installing concrete flat work behind a public sidewalk, provided the concrete flat work has been approved by the director;
E. An encroachment made by a city officer or employee acting within the course or scope of such officer's or employee's duties or employment; and
F. An encroachment made by the owner or lessee of property adjoining a public right-of- way within the central commercial zoning district for a sidewalk café pursuant to a license authorizing the use of the right-of-way for such a purpose.
G. No encroachment permit shall be required in connection with the removal of turf or grass from a parkway in front of a residential structure for the purpose of installing water-efficient landscaping and/or irrigation systems, provided that all of the following conditions are met:
1. No excavation shall occur at a depth greater than 12 inches.
2. Prior to excavation or installation, the property owner shall contact the Underground Service Alert (USA North 811) and the City of Chico to locate underground utilities, and otherwise comply with Section 4216 et seq. of the California Government Code (as amended).
3. The excavation or installation work shall be performed with due diligence and in a manner that does not obstruct or interfere with a public street, utilities, street trees, or other facilities located within the public right-of-way or public service easement any more than is absolutely necessary.
4. Street trees requiring irrigation shall not be deprived of such irrigation.
5. No plants, other than trees, shall be planted which will grow to a height greater than 2 feet at maturity; or to a height that will interfere with service lines and sight distance areas.
6. The turf grass and/or other high water use vegetation is replaced in compliance with the City of Chico Residential Parkway Landscape Conversion Guidelines.
7. All applicable requirements of CMC Chapter 19.68 – Landscaping Standards are met.
This Section 14.08.070.G. shall remain in effect until February 7, 2016 unless extended by the City Council.
(Ord. 1928 §2 (part), Ord. 2050 §1, Ord. 2364 §123, Ord. 2464 §§1, 3)
Applications for a permit required by this chapter shall be filed in the office of the director, shall be in a form and contain the information prescribed by the director and shall be accompanied by a permit fee in an amount established by resolution of the city council.
(Ord. 1928 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §6, Ord. 2364 §124)
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