* For statutory provisions authorizing cities to prohibit and prevent encroachment on public ways, see Gov. Code § 38775.
Sections:
12.04.010 Definitions.
12.04.020 Permit – Required.
12.04.030 Permit – Exemptions.
12.04.040 Permit – Fees.
12.04.050 Permit – Application – Issuance.
12.04.060 Insurance requirements.
12.04.070 Construction standards.
12.04.080 Use of public parking area.
12.04.090 Pavement restoration guidelines.
12.04.100 Permit – Conditions.
12.04.110 Violation – Penalty.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. CITY ENGINEER. The city engineer of the city of Pinole, or his or her authorized representative.
B. EMERGENCY STREET CUT. Any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the city engineer.
C. ENCROACHMENT or ENCROACH. Any tower, pole, pole line, pipe, pipeline, driveway, private road, fence, sign, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the public right-of-way or natural water course, temporarily or permanently.
D. EXCAVATION. Any operation in which earth, rock, asphalt, concrete, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, sawcutting, trenching, digging, ditching, drilling, auguring, tunneling, scraping, boring, cable or pipe plowing and driving or any other way.
E. PERMITTEE. Any person, firm, corporation, public agency, or utility which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the city engineer.
F. PUBLIC AGENCY. Any city, county, state, or other public entity.
G. RIGHT-OF-WAY. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the city of the general public for street, highway, alley, pedestrian walkway, storm drainage or other purposes.
H. UTILITY. Any entity constituting a public utility under state law or private entity regulated by the California Public Utilities Commission.
I. STREET or CITY STREET. Includes all or any part of the entire width of the right-of-way of a city street whether or not such entire area is actually used for street purposes. (Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 1, 1965).
A permit is required for all encroachments as defined in this chapter except work covered by exemptions.
A. Encroachment permits shall be issued by the city engineer upon such conditions the city engineer deems necessary to protect the public interest, safety and welfare. The city engineer may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts:
1. Make an opening or excavation for any purpose in the city street;
2. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing with any city street;
3. Repair or construct, or cause to be repaired or constructed, by private contract, any concrete sidewalk, concrete driveway, concrete curb and gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, or curb and gutter.
B. When sidewalks, driveways, curbs, and gutters, or a combination thereof, are repaired or constructed by a contractor at the same time and at the same location, a separate permit shall be required for each ownership.
C. Except as otherwise provided in Section 12.04.030, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the city engineer.
D. No person shall make a right-of-way encroachment or cause any street cut to be made without having secured the proper permit two working days in advance of the date specified to begin work, except when an emergency street cut is necessary. All work shall be performed in strict compliance with the terms and conditions of the permit. The permittee shall notify the city at least two working days prior to start of work and at that time shall provide a project schedule. The permittee shall notify the police department if the work might impede the passage of emergency vehicles.
E. All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on the subsequent owners of the encroachment.
F. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance which may be abated by the city pursuant to this code.
(Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 2, 1965).
Loading...