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Palo Alto Municipal Code
PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
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12.08.070   Obstructions during construction.
   The permit granted pursuant to Section 12.08.010 shall prescribe the date when work shall begin and may include the right to place or cause to be placed upon the street adjacent to the place where the construction, alteration or repair work is to be performed such materials or appliance as may be necessary for use in performing such work; provided, however, that such materials and appliances shall not occupy more than one-third of the roadway in front of said construction work and shall be placed thereon subject to the direction and approval of the city engineer. All materials, debris and appliances shall be so placed as not to obstruct any gutterway and shall be so cared for as to prevent them from being blown or otherwise carried into any catchbasin or any portion of the street other than that lawfully occupied by such obstruction; provided, however, that the city engineer may order such materials, appliances and debris, or any portion thereof, to be removed within three days after written notice, and in the event the same is not removed within the time prescribed by the city engineer, he may cause the same to be removed and charge the costs thereof against the permittee. The placing of materials, appliances and debris upon the street for the purpose of such construction work and the removal thereof shall be held to be a part of such construction work.
(Ord. 1886 (part), 1959: prior code § 33.31. 1959)
12.08.080   Cleanup.
   As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, the work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
(Ord. 1886 (part), 1959: prior code § 33.32)
12.08.090   Elimination of abandoned driveway.
   The city engineer shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that the curb, parkway and sidewalk shall be restored to its original condition or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to grade. Such notice shall be given by depositing in the United States mail, postage prepaid, addressed to the owner of the property at the address shown on the last equalized assessment roll of the city and shall be effective upon such mailing. If such work is not commenced within thirty days after notice from the city engineer, the city may proceed with such work in conformance with the provisions of the Streets and Highways Code.
(Ord. 1886 (part), 1959: prior code § 33.33)
12.08.100   Removal of monuments.
   It is unlawful for any person to destroy, injure or remove any monument or grade stake erected or placed by the city engineer, provided, if it shall become necessary for any person in pursuit of any lawful purpose to have any such monument or stake removed, notice of such necessity must be given to the city engineer, who shall proceed forthwith at the cost of the person requiring such removal to remove such monument and replace the same in its original position as soon as the object shall be obtained for which the removal shall have been made.
(Ord. 1886 (part), 1959: prior code § 33.34)
12.08.110   Variances.
   (a)   The city engineer is hereby authorized to grant in writing variances from the provisions of Sections 12.08.060, 12.08.070 and 12.08.080 provided he first determines that the following conditions are present:
   (1)   The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation upon the applicant's property;
   (2)   The variance requested is not against the public interest, particularly safety, convenience and general welfare;
   (3)   The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants; and
   (4)   The terms of this chapter will work unnecessary hardship upon the applicant property owner or tenant.
   (b)   The decision of the city engineer on granting or denial of variances shall be final.
(Ord. 1886 (part), 1959: prior code § 33.35)
12.08.120   Insurance required.
   No permit for the performance of any of the work specified in Section 12.08.010 of this chapter shall be granted until the applicant therefor has placed on file with the city engineer a certificate of insurance of a responsible and solvent corporation authorized to issue a policy of insurance under the laws of the state of California that it has issued to or for the benefit of such applicant the required insurance policy or policies. The insurance policy or policies, including, but not limited to, commercial general liability, commercial automobile liability, and property damage shall insure the applicant for such permit, its directors, officers, agents and employees and the city of Palo Alto, its officers, agents and employees against loss for injury to or death of any person or damage to property arising out of or resulting from the work authorized to be performed by such permit. The amount of each policy for commercial general liability, commercial automobile liability and property damage shall be not less than one million dollars on account of any one occurrence or in the aggregate resulting in injury to or death of one person or for damage to property. Such insurance shall contain an endorsement specifying that it is primary coverage, any insurance carried by the city being excess insurance only. The certificate of insurance shall include a hold harmless and indemnity agreement in favor of the city.
(Ord. 4563 § 2, 1999: Ord. 1999, 1961: Ord. 1886 (part), 1959: prior code § 33.40)
12.08.130   Sidewalks, driveways and driveway approaches.
   The provisions of the Streets and Highways Code of the State of California, shall be an alternative procedure governing the maintenance and the collection of the cost or repair of sidewalks, driveways and driveway approaches in the city of Palo Alto. For the purposes of this section, "sidewalk" as defined in Section 5600 of said Code, shall also include a "driveway" and a "driveway approach."
(Ord. 2068 (part), 1962: prior code § 33.02)
12.08.140   Contracts with owners for street work.
   As an alternative to the procedure provided in the Streets and Highways Code for the maintenance and repair of sidewalks, driveways and driveway approaches, the city manager may enter into contracts with owners of real property for the city to do such work at the owners expense, and upon failure of the owner to pay the cost thereof, for the same to become a lien on the tax roll against the abutting property.
(Ord. 1886 (part), 1959: prior code § 33.03)