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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT means the Public Works Department.
DIRECTOR means the Public Works Director or his or her duly authorized representative.
EMERGENCY WORK means any unscheduled maintenance or repairs that are necessary for the immediate protection of life or property, or that are necessary for the restoration of an existing utility service for reliability. EMERGENCY WORK may involve fully repairing or temporarily repairing a structure to remove the immediate risk to life or property, or to service reliability.
ENCROACHMENT means any pole, conduit, cable, pipeline, fence, sign, building, or any temporary or permanent structure or object of any kind or character which is placed in, under or over any portion of a right-of-way; the taking, placing, moving, or using on a right-of-way, any vehicle or combination of vehicles or other objects of a dimension, weight, or other characteristic prohibited by the California Vehicle Code; or the excavation of a right-of-way.
EXCAVATION means removal of any concrete, asphalt, road, earth, or other, similar surface materials covering a right-of-way.
PERMIT means an encroachment permit issued pursuant to this subchapter.
PERMITTEE means the person to whom the encroachment permit is issued. The term PERMITTEE includes the permittee's authorized agents, including, without limitation, permittee's independent contractors of any level.
PERSON means and includes any natural person, corporation, firm, agency, copartnership or association, and any public utility, public entity or governmental agency, including the state and the United States.
PROTECTIVE MEASURES means any barricades, traffic control devices, trench plates or similar such devices intended to give warning and protect the public from injury or loss resulting from the placement of an encroachment within a right-of-way.
RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined in the Cal. Streets and Highways Code, as may be amended, whether or not such place is actually improved and used for street purposes. This definition includes any public alley, public sidewalk, public driveway, curb, pavement, gutter, parkway, easement, or public place in the city either owned by the city or dedicated to the city for public use.
STREET means any way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel.
(‘81 Code, § 12.08.010) (Am. Ord. 1063, passed 10-6-03; Am. Ord. 1322, passed 11-2-22)
Statutory reference:
Obstructions and encroachments on public ways, see Cal. Gov't Code § 38775
(A) Except for the city or its contractors, it is unlawful for any person to encroach, or to make or cause to be made any encroachment, upon, over, under or within a right-of-way within the city without first obtaining a permit from the director.
(B) If the director finds that the excavation is for a purpose required or permitted by law and can be performed without undue hazard or inconvenience to the public and that the permit applicant is qualified and financially able to fulfill the applicant's obligations and liabilities under this subchapter, the department shall thereupon issue a permit. The permit shall specify the nature, extent and location of the work permitted and shall impose such reasonable time limits and other conditions as the department may prescribe, including protective measures and such other conditions as may promote public convenience and safety.
(C) As a further condition on the issuance of a permit pursuant to the provisions of this subchapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) as published by the California Department of Transportation and/or any additions or modifications thereto now or hereafter adopted by the city.
(D) Traffic control plans, in a format and number prescribed by the director, shall be submitted with the permit application. Where required by the director, traffic control plans shall be site-specific, addressing details of street geometry, traffic lanes, driveways, limits of proposed encroachment permit work and any related excavations, and other safety features in accordance with the CA MUTCD, and to the satisfaction of the director. City streets requiring traffic control plans, and their minimum level of detail, shall be set forth in regulations issued by the director. City streets identified in the regulations may be amended from time to time if necessary due to changed circumstances. "Changed circumstances" include without limitation new traffic patterns, population increases or decreases, new development, or other changes that impact public safety on city streets.
(E) The director shall prescribe and provide a regular form of application for a permit as required by this subchapter. The permit application shall contain such information as is deemed necessary by the director. The application form shall be completed and filed with the director, together with all fees, cash deposits, bonds, construction plans, traffic control plans, and other documents which are required by this subchapter and by the director. Notwithstanding the foregoing, the director may, in consultation with the Finance Department and for good cause shown, establish an alternative process to accept payment of fees and deposits from a permittee.
(F) Blanket permits, renewable annually, may be issued by the director after receipt of a permit application therefor. The director may revoke any such blanket permit if the permittee fails to comply with any provisions of this subchapter. Blanket permits shall be limited to excavations 16 feet in length or a maximum of 32 square feet in area.
(G) Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the director shall require evidence of approval of height clearance from the public utility companies having overhead lines crossing the proposed route.
(‘81 Code, § 12.08.020) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Unless exempt from this requirement by law or by the director, each applicant shall, before a permit is issued, deposit with the city a cash deposit, surety bond or file a certificate of deposit or savings and loan share assignment in an amount, fixed by the director, sufficient to restore the right-of-way to its original condition.
(B) A surety bond or other security shall not be required where a permit is issued authorizing construction or excavation work within a right of-way that is performed by a public utility or cable television company pursuant to a state or city franchise.
(C) No bond or any part thereof shall be released or exonerated until the department has notified the finance director that the work has been performed to the satisfaction of the department and that all costs and liabilities incurred by the city have been paid or fully secured.
(‘81 Code, § 12.08.030) (Am. Ord. 1322, passed 11-2-22)
(A) If any of the provisions of the permit or this subchapter are violated by a permittee, the director shall serve written notice upon the permittee giving the permittee 12 hours in which to correct the violation.
(B) If the violation results in a danger to life or property, the notice shall state that all encroachment work must stop until the violation is corrected.
(C) If after 12 hours from the issuance of the notice the violation is not corrected, or there is no evidence that diligence is being used to correct the violation, the director may revoke the encroachment permit.
(‘81 Code, § 12.08.050) (Am. Ord. 1322, passed 11-2-22)
At least 24 hours before commencing any encroachment work authorized by any permit, the permittee shall notify the director of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.
(‘81 Code, § 12.08.060) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground.
(B) This expense of repairs to any damaged facilities shall be borne by the permittee.
(‘81 Code, § 12.08.070) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the director. Where excavation occurs within areas already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled.
(B) In the event that the permittee fails to act promptly to restore the right-of-way as provided in this subchapter, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
(‘81 Code, § 12.08.080) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
Every person who excavates in any street without a permit or who fails to fill and cover an excavation within the time permitted by the department shall be guilty of committing a public nuisance and the department may summarily abate such nuisance and the cost of such abatement shall be the personal obligation of every person creating, causing, committing or maintaining such nuisance.
(‘81 Code, § 12.08.090) (Am. Ord. 1322, passed 11-2-22)
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