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(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)
(A) When the department finds that all or part of any work of backfilling or surfacing should be done by the department or under its supervision by reason of the location of the work or of unusual hazard, undue delay, failure to conform to its specifications or for other good cause, the department may itself perform the work or may employ a contractor to perform it and may thereupon proceed to collect the cost thereof from the person primarily obligated to perform the work, from the person for whose benefit the work was done or the owner of the land benefited by the work, or from all of them; and the department shall take such action to collect such cost and to impose and enforce liens, including mechanics' liens, as may be authorized or permitted by law.
(B) (1) Where the permittee is the owner of property identified in a permit, the cost of abating nuisances, filling and covering excavations and backfilling, done by the city or the performance by the city of any other work which any contractor or other person may have failed to perform shall be a lien on the property and shall be a personal obligation of the permittee.
(2) The cost of such work or abatement shall be submitted to the City Council for confirmation and notice of the time and place fixed for the City Council to consider the cost shall be made by mail to the person liable for payment thereof at least five days prior to the time of consideration by the Council of such cost.
(3) After confirmation of the cost, the cost shall become a lien on the property of the person chargeable with such cost and may be added to the next regular tax bill levied against that person's property for municipal purposes.
(4) A certified copy of the action of the City Council confirming the cost shall be filed with the County Auditor on or before August 10.
(5) The County Auditor shall enter the cost of abatement or of the work performed on the county tax roll for whatever land is owned by the person chargeable with such cost.
(6) The amount of the cost shall be collected at the time and in the manner ordinary municipal taxes are collected.
(7) If delinquent, the amount is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes.
(‘81 Code, § 12.08.100) (Am. Ord. 1322, passed 11-2-22)
(A) If the encroachment work is not completed within the time specified in the permit or if at any time the director finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, the director may cancel the permit and restore the right-of-way to its original condition before the encroachment is commenced.
(B) The director may, at the request of the permittee, renew or extend the time limit specified in the permit.
(C) The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
(‘81 Code, § 12.08.110) (Am. Ord. 1322, passed 11-2-22)
(A) This subchapter shall not prevent any person from performing emergency work on any encroachment lawfully on or under any right-of-way.
(B) If emergency work necessitates the closing of right-of-way or portion thereof, then the Police Department and Fire Department shall be notified. The person performing emergency work shall apply for a written permit therefor on the first working day thereafter.
(‘81 Code, § 12.08.120) (Am. Ord. 1322, passed 11-2-22)
All encroachment work shall conform to standards established by the director.
(‘81 Code, § 12.08.130) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) In any trenching operation, the open trench shall not be in excess of one day’s work ahead of the trench work proper, unless specifically authorized by the director.
(B) Backfilling shall commence immediately after work in a trench is completed and any portion of the work which is under the jurisdiction of the city is inspected and approved by the director.
(‘81 Code, § 12.08.140) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Except for materials properly stored, the permittee shall at all times keep the right-of-way clear of all materials, earth and debris. Immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind.
(B) If the permittee fails within 24 hours after having been notified by the director to remove or clean up unpermitted materials, earth or debris from the right-of-way, such cleanup work may be done by the city and the permittee charged for all expenses incurred.
(‘81 Code, § 12.08.150) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) In the conduct of the encroachment work, the permittee shall provide and maintain traffic control devices and related protective measures as required by the approved traffic control plan, including but not limited to lights, barricades, signs, and watchmen as are necessary to protect the public. Any omission on the part of the director to specify in the permit what safety devices shall be provided by the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons under the circumstances. If the director finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices as are deemed necessary, or he may cancel the permit and restore the right-of- way in accordance with existing standards, charging the permittee the entire cost of the work.
(B) A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use.
(‘81 Code, § 12.08.160) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Every permittee must comply with the provisions of this subchapter and assumes and agrees to pay all costs, obligations, and liabilities arising out of the performance of the work of excavation, removal, backfilling and surfacing authorized by the applicable permit, whether such work is performed by the permittee or by the city.
(B) However, no provision of this subchapter shall be construed to impose upon the permittee a greater or different duty of care to third persons than would otherwise be imposed by law in the absence of such provisions.
(‘81 Code, § 12.08.170) (Am. Ord. 1322, passed 11-2-22)
Nothing in this subchapter shall be deemed to relieve a permittee from liability for any damages caused by the permittee in performing any work under this subchapter, or to impose such liability upon the city; nor shall any permittee by reason of compliance with the minimum requirements of the director be relieved of liability to the city and others for damage resulting from the subsidence of any street surface following work performed under this subchapter; and all permittees performing work under this subchapter or for whom work is performed under this subchapter, shall compensate the city for the cost of such subsidence, and shall save the city harmless from all costs and liabilities sustained by the city on account of such work.
(‘81 Code, § 12.08.180) (Am. Ord. 1322, passed 11-2-22)
(A) If any person or party is dissatisfied with any act or decision of the director under this subchapter, then that party may appeal to the City Council by filing a written notice of appeal with the City Clerk.
(B) Upon receiving the notice of appeal, the City Clerk shall have the matter set for hearing before the City Council.
(C) The hearing may be continued from time to time at the discretion of the Mayor.
(D) The decision of the City Council to approve, modify or disapprove the decision or act of the director shall be final.
(‘81 Code, § 12.08.190) (Am. Ord. 1322, passed 11-2-22)
(A) Except as otherwise allowed by this chapter, city streets that were resurfaced with an emulsified asphalt “slurry” or asphalt “cape seal” within the previous two years, or improved with asphalt/concrete within the previous five years, of the proposed excavation may not be excavated for utilities or for other reasons.
(B) A permit may be issued to allow a permittee to encroach within a right-of-way to install utility facilities, or for other purposes, if such work can be accomplished by boring under the public street section or by other trenchless technologies. Alternative methods for such work including, without limitation, relocating utility facilities to areas other than the public street (for example, under public sidewalks and/or parkways) will be considered and determined not to be feasible before a permit may be issued pursuant to this chapter. Any additional costs for, without limitation, relocating utility facilities outside of the public street or boring under the public street must be borne by the permittee.
(C) Excavation of a city street will be allowed by permit under only the most unusual circumstances if the director determines that relocation or boring is not feasible. Under such circumstances, the director will require a permittee to meet the city’s construction standards for excavating in recently resurfaced streets, pay all costs associated with such excavation, and provide such additional security to ensure the integrity of the recently resurfaced public street as may be reasonably required by the director.
(Ord. 1063, passed 10-6-03; Am. Ord. 1322, passed 11-2-22)
STREET WIDTH
(A)
ULTIMATE STREET RIGHT-OF-WAY is defined as the right-of-way shown on that street map adopted by the City Council and identified as “Ultimate Street Right of Way Widths,” the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned development plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exists, the ultimate street right-of-way shall be considered the right-of-way required by the standard highway classifications as have been approved by the City Council.
(B) No building or structure or part of any building or structure shall be placed or constructed within any ultimate street right-of-way.
('81 Code, § 12.12.010) Penalty, see Ch. 13
(A) It is found that increased vehicular traffic results from construction of new buildings and extensive reconstruction, remodeling and enlarging of existing buildings. The following street dedications and standard improvements are determined to be necessary to prevent vehicular congestion and the other hazards related to the intensified use of the land, and for the preservation of the public health, safety and general welfare.
(B) The following requirements shall be met or complied with before a building permit is issued for any complex or building or, in the alternative, before the complex or building is accepted for use and occupancy:
(1) All required streets, highways and alleys which abut the subject property shall be dedicated to the full width designated by the “Ultimate Street Right-of-Way Widths Map” or other official plans or standards adopted by the City Council.
(2) All street, highways and alley improve-ments shall have been installed and in good repair or street improvement plans shall be prepared to city standards and said improvements constructed. Such improvements shall consist of, but not necessarily be limited to, excavation, concrete curbs and gutters, concrete sidewalks, pavement, drainage facilities or any other engineering requirement.
(3) Whenever reconstruction, remodeling, enlarging or modifications to existing structures are involved, the street dedication and improvements described under this section shall be required at the time of issuance of a building permit when the value of such reconstruction, remodeling, enlarging or modification exceeds 50% of the market value of the existing structure. The market value as used in this section shall be that value as based on the official assessed valuation of the current County Assessor roll. In addition, whenever there has been a cumulative value of improvements made during the preceding five years, with or without the addition of proposed new construction, amounting to a value which exceeds 50% of the market value of the existing building structure or improvements, the required street dedication and improvements shall also be required.
('81 Code, § 12.12.020)
(A) The following are exempt from the require-ment to construct standard street improvements, as provided in this subchapter:
(1) Property which fronts public streets upon which standard street improvements already exist;
(2) Reconstruction, remodeling, enlarging or construction of a single-family unit, regardless of the zoning.
(B) When substantiated by a traffic engineering evaluation, the exemptions set forth in division (A) of this section do not apply in any one of the following circumstances:
(1) When the development consists of five or more lots;
(2) In a development consisting of the construction of a structure of 2,500 square feet or more.
(C) The City Council may determine that any provisions of this subchapter shall be modified or omitted and the City Council is authorized and empowered to deviate from the full requirements for the construction of improvements as required in this subchapter and may authorize other modifications as conditions may warrant.
('81 Code, § 12.12.030) (Ord. 703, passed - -78)
(A) It is unlawful for any person to construct improvements within a public right-of-way or easement, or any right-of-way or easement offered for dedication to the city without first obtaining a permit from the Public Works Director.
(B) The schedule of permit fees and charges shall be those adopted by resolution of the City Council from time to time.
('81 Code, § 12.12.040) Penalty, see Ch. 13
BUILDING NUMBERING
Every person having, controlling or occupying any house, storeroom, building or structure situated on premises fronting on any of the public streets within the city shall procure and place in a conspicuous position immediately over, upon or adjacent to each and every door or entryway to any such premises from such street, a suitable number with figures of the denominations stated in this subchapter, and of sufficient size to be seen from the adjoining sidewalk.
('81 Code, § 12.16.010) Penalty, see Ch. 13
There is apportioned to each 25 feet and separate fractional part thereof of frontage on each street in the city, except Palm Court and McKevett Heights, its certain number as described in this subchapter, and in Palm Court and McKevett Heights, each separate lot, irrespective of its frontage, shall be apportioned its certain number as described in this subchapter.
('81 Code, § 12.16.020)
(A) East and west streets. On streets running in an easterly and westerly direction the even numbers shall be placed on the south side and the odd numbers on the north side of each such street.
('81 Code, § 12.16.030)
(B) North and south streets. On all streets running in a northerly and southerly direction, the even numbers shall be placed on the west side and the odd numbers on the east side of each such street.
('81 Code, § 12.16.040)
(C) Streets intersecting Main or Mupu Streets. All premises fronting on streets intersecting Main or Mupu Street shall be numbered from Main or Mupu Street and north and south thereof and the even numbers shall be placed on the west side of each street and the odd numbers on the east side of each street.
('81 Code, § 12.16.050)
There is adopted as the official house and building numbering map of the city that certain map on file in the office of the City Clerk entitled “the official house and building numbering map of the city” and the numbers appearing on such map in red ink are declared to be the proper numbers to be placed upon the houses, stores, business places or entryways actually upon the premises located on the properties shown upon such map.
('81 Code, § 12.16.070)
This subchapter shall not be construed to require the numbering of any premises whereon no building exists, but shall be construed to require the numbering of all entryways to all premises whereon any house or other structure to be occupied by a human being or any place of business exists.
('81 Code, § 12.16.080)
The Building Inspector shall, from time to time, notify the owners or occupants of all structures that may be without numbers from any cause or that may be improperly numbered to comply with the provisions of this subchapter and he shall enforce this subchapter.
('81 Code, § 12.16.090)