Loading...
Sec. 7-2.205. Encroachment work.
   “Encroachment work” shall mean the work of designing, constructing, placing, or installing an encroachment in a right-of-way.
(§ 11005, T.O.O.C., as added by Ord. 50; § 2, Ord. 1637-NS, eff. January 12, 2018)
Sec. 7-2.206. Permittee.
   “Permittee” shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the City Engineer pursuant to the provisions of this chapter.
(§ 11008, T.O.O.C., as added by Ord. 50)
Sec. 7-2.207. Public highway.
   “Public highway” shall mean the part of a right-of-way which is improved for use as a City road, street, way, lane, or alley, including shoulders.
(§ 11003, T.O.O.C., as added by Ord. 50)
Sec. 7-2.208. Right-of-way.
   “Right-of-way” shall mean any land, or interest therein, which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for public road purposes.
(§ 11002, T.O.O.C., as added by Ord. 50)
Article 3. Permits
Sec. 7-2.301. Required: Exceptions.
   (a)   Required. It shall be unlawful for any person to encroach, or to make or cause to be made any encroachment, or to do any encroachment work upon, over, under, or within any right-of-way in the City without first obtaining a permit from the City Engineer.
   (b)   Exceptions. An owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way may, without obtaining a permit, use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the right-of-way. Encroachments for which permits are not required shall be subject to removal under the procedure and penalties set forth in Sections 1481 through 1485 of Chapter 6 of Division 2 of the Streets and Highways Code of the State.
(§ 11050, T.O.O.C., as added by Ord. 50)
Sec. 7-2.302. Applications: Form: Filing.
   (a)   Form. The City Engineer shall prescribe and provide a form of application for the permits required by the provisions of this article. The application form shall contain spaces for the following:
   (1)   The applicant’s name and address;
   (2)   The contractor’s name, license number, and place of business; and
   (3)   Sufficient detail as, in the judgment of the City Engineer, is necessary to show the purpose, location, and dimensions of the proposed encroachment.
   Applications for tract directional signs shall also require the submission of a location map indicating the exact installation site for each such sign.
   (b)   Filing. The application form shall be completed, signed by the applicant, and filed with the City Engineer, together with all fees, cash deposits, bonds, certificates of insurance policies, and any other documents which are required by the provisions of this chapter to be submitted with the application form.
(§ 11051, T.O.O.C., as added by Ord. 50, as amended by § I, Ord. 358-NS, eff. April 12, 1973)
Sec. 7-2.303. Applications: Accompanying exhibits.
   When required by the City Engineer, the applicant shall attach to, or enclose with, the application a map, plot, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment.
(§ 11052, T.O.O.C., as added by Ord. 50)
Sec. 7-2.304. Schedule of fees.
   The schedule of fees to be paid to the Public Works Department shall be in accordance with the fee schedule adopted by Council resolution.
(§ 11053, T.O.O.C., as added by Ord. 50, as amended by §§ 1 and 2, Ord. 128-NS, eff. January 22, 1970, § II, Ord. 358-NS, eff. April 12, 1973, and § I, Ord. 778-NS, eff. June 11, 1981)
Sec. 7-2.305. Fees: Deposits: Refunds.
   (a)   Deposits. Before a permit is issued, the applicant shall deposit with the City Engineer cash or a check in a sufficient sum to cover the fees established by the Council. Public utilities and political subdivisions may, at the option of the City Engineer, make payment for such fees as billed by the City instead of by advance deposit.
   (b)   Refunds. Fees shall not be refunded unless no permit is issued or unless the permit issued is rejected by the permittee because of special conditions imposed therein.
(§ 11054, T.O.O.C., as added by Ord. 50)
Sec. 7-2.306. Issuance.
   Upon receiving an application in the proper form, together with all other items required to be submitted, the City Engineer shall issue a written permit subject to the conditions set forth in this chapter and required by law, authorizing the encroachment described in the application, unless grounds exist for refusing to issue the permit.
(§ 11056, T.O.O.C., as added by Ord. 50, as amended by § III, Ord. 358-NS, eff. April 12, 1973, and § 5, Ord. 1621-NS, eff. September 30, 2016)
Sec. 7-2.307. Acceptance.
   By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter.
(§ 11069, T.O.O.C., as added by Ord. 50)
Sec. 7-2.308. Additional requirements.
   The City Engineer may provide in any permit issued pursuant to the provisions of this chapter any requirements which he finds will substantially aid in the protection of the highway or of the traveling public. The City Engineer may establish special provisions for the work to be done under the permit, including the equipment to be used, the type of backfill, paving, traffic signs or devices, hours of work, flagmen, lights, or inspections. He may also require whatever advance notice he deems proper for requests for inspections. The City Engineer may add such requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall become an integral part of the permit.
(§ 11059, T.O.O.C., as added by Ord. 50)
Sec. 7-2.309. Grounds for denial.
   The City Engineer may refuse to issue a permit on the following grounds:
   (a)   That the applicant is not a responsible person. In determining whether or not the applicant is a responsible person, the City Engineer may consider the reports of other persons as to the applicant's reputation for faithfully completing construction projects; and
   (b)   That the encroachment will not be in the public interest or will be detrimental to the public health, safety, or welfare.
(§ 11057, T.O.O.C., as added by Ord. 50)
Sec. 7-2.310. Revocation.
   If any of the provisions of the permit or this chapter are violated, the City Engineer may serve written notice upon the permittee in violation, giving the permittee twenty-four (24) hours in which to correct the violation. If the violation results in a danger to life or property, the notice shall state that all encroachment work shall stop until the violation is corrected. If, after twenty-four (24) 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 City Engineer may revoke the encroachment permit, subject to the right of the permittee to appeal such revocation pursuant to the appeal provisions of this chapter.
   Action taken pursuant to the provisions of this section shall not constitute a bar to criminal proceedings provided for in this chapter.
(§ 11061, T.O.O.C., as added by Ord. 50)
Sec. 7-2.311. Changes in authorized work.
   No changes shall be made in the location, dimensions, character, or duration of the encroachment or use as granted by the permit except on authorization by the City Engineer.
(§ 11070, T.O.O.C., as added by Ord. 50)
Sec. 7-2.312. Display.
   The permittee shall keep any permit issued pursuant to the provisions of this chapter, or a copy thereof, at the site of work, or in the cab of the vehicle when movement thereof on a public highway is involved, and the permit shall be shown to any authorized representative of the City Engineer or law enforcement officer upon demand.
(§ 11071, T.O.O.C., as added by Ord. 50)
Sec. 7-2.313. Nontransferable.
   No permit issued pursuant to the provisions of this article shall be transferable or assignable to any other person.
(§ 11072, T.O.O.C., as added by Ord. 50)
Sec. 7-2.314. Blanket permits.
   The City Engineer may issue an annual blanket permit authorizing the placing, replacing, or repairing of any facilities within a right-of-way where the opening or excavation does not exceed two (2’) feet in width and sixty (60’) feet in length, excavated at a right angle to the center line of the road, or an excavation not exceeding thirty (30) square feet in area. The City Engineer may issue an annual blanket permit authorizing the trimming of trees to a public utility regulated by the Public Utilities Commission of the State or to a person holding a franchise from the City.
(§ 11058, T.O.O.C., as added by Ord. 50, as amended by §§ 3 and 4, Ord. 128-NS, eff. January 22, 1970)
Sec. 7-2.315. Permits to move certain vehicles and objects.
   Before a vehicle or combination of vehicles or object of a weight or dimension or characteristic prohibited by law without a permit is moved on any public highway, a permit to do so shall first be granted by the Division of Highways, Department of Public Works of the State, or by the City Engineer. In all cases where the Building Code requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the City Engineer shall not grant a permit to move such building or structure until the applicant furnishes to the City Engineer evidence that such owner has such relocation permit.
   Before issuing a permit for the movement of a vehicle or object with a rolling height of over sixteen (16’) feet, the City Engineer shall require evidence of approval of height clearance from the public utility companies having overhead lines crossing the proposed route.
(§ 11400, T.O.O.C., as added by Ord. 50)
Article 4. Security Instruments
Sec. 7-2.401. Cash deposits.
   Unless exempted from such requirement by law or by the City Engineer, each applicant, before obtaining a permit, shall deposit with the City Engineer a cash deposit consisting of cash or a certified or cashier’s check in a sum to be fixed by the City Engineer as sufficient to reimburse the City for restoring the right-of-way to its original condition. Such cash deposit may be used by the City for either traffic control or emergency work on an as needed basis as determined by the City Engineer. Where the size, nature, and location of the project warrants, the City Engineer may require an additional time completion deposit which shall be held by the City for the duration of the encroachment activity. The permittee shall forfeit to the City a portion of such deposit for each calendar day beyond the number of days specified on the encroachment permit. The daily amount to be forfeited shall be in accordance with the fee schedule adopted by Council resolution. The time completion deposit or any unused portion thereof shall be returned to the permittee within sixty (60) days upon the acceptance of the work by the City Engineer.
(§ 11100, T.O.O.C., as added by Ord. 50, as amended by § I, Ord. 778-NS, eff. June 11, 1981)
Sec. 7-2.402. Bonds.
   In lieu of the cash deposit required by the provisions of Section 7-2.401 of this article, the applicant, with the approval of the City Engineer, may file a surety bond issued by a company authorized to do a general surety business in the State, in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition. Where the size and nature of the project warrant, the City Engineer may require an additional deposit of Five Hundred and no/100ths ($500.00) Dollars cash for traffic control or emergency work.
(§ 11011, T.O.O.C., as added by Ord. 50)
Sec. 7-2.403. Instruments of deposit.
   In lieu of the cash deposit required by the provisions of Section 7-2.401 of this article, the applicant, with the approval of the City Engineer, may file a certificate of deposit or savings and loan share assignment as a deposit in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition. Certificates of deposit or savings and loan share assignments shall be in conformance with the requirements established by the City Engineer and approved by the Council.
(§ 11102, T.O.O.C., as added by Ord. 50)
Sec. 7-2.404. Annual bonds.
   In lieu of the cash deposit, bond, certificate of deposit, or savings and loan share assignment required by the provisions of Sections 7-2.401 through 7-2.403 of this article, the applicant may, with the approval of the City Engineer, annually file with the City Engineer a surety bond issued by a company authorized to do a general surety business in the State, in a sum fixed by the City Engineer as sufficient to reimburse the City for restoring the right-of-way to its original condition, in accordance with the schedule of charges adopted by the Council.
(§ 11103, T.O.O.C., as added by Ord. 50)
Sec. 7-2.405. Insurance certificates.
   In lieu of the cash deposit or bond required by the provisions of Sections 7-2.401 and 7-2.402 of this article, an applicant for a permit to move a vehicle may, upon approval by the City Engineer, file with the City Engineer an approved certificate of insurance issued by a company authorized to do a general insurance business in the State, in an amount fixed by the City Engineer as sufficient to reimburse the City, in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition in case of damage caused by moving any vehicle.
(§ 11104, T.O.O.C., as added by Ord. 50)
Sec. 7-2.406. Additional bonds and cash deposits.
   The City Engineer may at any time require an additional bond or cash deposit if he finds that the amount of a bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way in accordance with City standards and the schedule of charges adopted by the Council.
(§ 11105, T.O.O.C., as added by Ord. 50)
Sec. 7-2.407. Release of deposits.
   Any deposit required by the City Engineer pursuant to the provisions of this chapter shall be payable to the City and shall be filed and deposited with the City Engineer. Ninety (90) days after the satisfactory completion of all authorized work and the fulfillment of all conditions of the permit, the City Engineer shall release the deposit upon the application of the permittee.
(§ 11106, T.O.O.C., as added by Ord. 50, as amended by § 1, Ord. No. 1537-NS, eff. June 25, 2010)
Sec. 7-2.408. Expiration date of deposits.
   No bond, insurance, certificate, certificate of deposit, savings and loan share assignment, or other form of indemnification shall be acceptable which bears an expiration date not determined by the City.
(§ 11107, T.O.O.C., as added by Ord. 50)
Sec. 7-2.409. Bonds: Exemptions.
   Public utilities operating under the jurisdiction of the Public Utilities Commission of the State, utilities holding a franchise from the City, and governmental agencies may be relieved by the City Engineer of the obligation of furnishing a restoration bond if the City Engineer is satisfied that proper restoration will be made.
(§ 11108, T.O.O.C., as added by Ord. 50)
Article 5. Liability Protection
Sec. 7-2.501. Liability for roadway damages.
   The permittee shall indemnify the City for any and all damages caused to its roadways as a result of acts or omissions of the permittee in the performance of encroachment work.
(§ 11150, T.O.O.C., as added by Ord. 50)
Sec. 7-2.502. Nonliability of City for damages.
   The permittee shall hold the City harmless from any claims or judgments for damages or other relief against the City as a result of acts or omissions of the permittee in the performance of encroachment work, whether the condition giving rise to the claim or judgment was created in whole or in part by the permittee.
(§ 11151, T.O.O.C., as added by Ord. 50)
Sec. 7-2.503. Liability insurance.
   The permittee shall maintain adequate public liability insurance, including motor vehicle insurance, to protect him from any claims for damages for personal injury, including death, and for damage to property which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations are by himself or by any agent or by anyone directly or indirectly employed by him or his agents. Certificates of insurance shall be filed with the City Engineer and shall be subject to his approval for adequacy of protection.
(§ 11152, T.O.O.C., as added by Ord. 50)
Sec. 7-2.504. Responsibility of subsequent owners.
   All obligations, responsibilities, and other requirements of the permittee, as set forth in this chapter, shall be binding on subsequent owners of the encroachment.
(§ 11060, T.O.O.C., as added by Ord. 50)
Article 6. Construction
Sec. 7-2.601. Inspections: Charges.
   If, in the judgment of the City Engineer, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the City Engineer shall assign an inspector, and the permittee shall pay the City in accordance with the schedule of charges adopted by the Council. The provisions of this section shall be applicable to all permittees, including districts and other political subdivisions.
(§ 11055, T.O.O.C., as added by Ord. 50)
Sec. 7-2.602. Commencement of work.
   The permittee shall commence the encroachment work within sixty (60) days from the date of issuance of the permit unless a different period is stated in the permit. If the encroachment work is not commenced within sixty (60) days or within the time stated in the permit, the permit shall be void unless, prior to its expiration, the time for commencement has been extended in writing by the City Engineer.
(§ 11062, T.O.O.C., as added by Ord. 50)
Sec. 7-2.603. Commencement of work: Notices.
   Before commencing any encroachment work authorized by any permit, the permittee shall notify the City Engineer of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work.
(§ 11063, T.O.O.C., as added by Ord. 50)
Sec. 7-2.604. Completion of work: Notices.
   The permittee shall complete the encroachment work authorized by a permit within the time specified in the permit. Upon completion of the work, the permittee shall give a written notice of completion to the City Engineer. The work shall be deemed to be incomplete until written notice of completion.
(§ 11064, T.O.O.C., as added by Ord. 50)
Sec. 7-2.605. Completion of work: Inspections.
   Upon receipt of the notice of completion of the encroachment work, the City Engineer shall inspect the site of the encroachment work within three (3) working days and ascertain whether or not the permittee has complied with all the conditions and requirements imposed in the permit and by the provisions of this chapter. The permittee shall be advised in writing of the results of the inspection. If the City Engineer determines that the permittee has not complied with all such conditions and requirements in performing the encroachment work, the City Engineer may order the permittee to correct the work immediately. If the permittee fails to correct the work within ten (10) days after being ordered to do so in writing, the City Engineer may correct the work. The permittee shall reimburse the City in accordance with the schedule of charges adopted by the Council.
(§ 11065, T.O.O.C., as added by Ord. 50)
Sec. 7-2.606. Completion of work: Filing of maps and atlas sheets.
   Every person owning, using, controlling, or having an interest in any pipe, conduit, duct, or tunnel under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia, or oil, or for any other purpose shall file in the office of the City Engineer, within sixty (60) days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than two hundred (200’) feet to one (1”) inch showing the complete installation of all such pipes, conduits, ducts, or tunnels. The same shall be required showing the location in detail of such pipes, conduits, ducts, or tunnels when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall be deemed compliance with the intent of this section.
(§ 11066, T.O.O.C., as added by Ord. 50)
Sec. 7-2.607. Completion of work: Restoration of rights-of-way.
   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 City Engineer. Where excavations occur within areas already paved, the City Engineer may require temporary paving to be installed within twenty-four (24) hours after the excavated area is backfilled.
   In the event the permittee fails to act promptly to restore the right-of-way as provided in this section, 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 City Engineer may, at his option, make the necessary restoration. The permittee shall reimburse the City in accordance with the schedule of charges adopted by the Council.
(§ 11067, T.O.O.C., as added by Ord. 50)
Sec. 7-2.608. Completion of work: Delays.
   If the encroachment work is not completed within the time specified in the permit, or if at any time the City Engineer finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, the City Engineer may cancel the permit and restore the right-of-way to its original condition before the encroachment work was commenced. The permittee shall reimburse the City in accordance with the schedule of charges adopted by the Council.
(§ 11068, T.O.O.C., as added by Ord. 50)
Sec. 7-2.609. Emergency work: Notices.
   The provisions of this chapter shall not prevent any person from performing emergency maintenance on any pipe or conduit lawfully on or under any public highway, or from making an emergency use as may be necessary for the preservation of life or property when an urgent necessity arises. The person making an emergency use or encroachment of a public highway shall apply for a written permit therefor on the first working day thereafter. Any person requiring an emergency use or encroachment shall notify the City Engineer’s office immediately. Notification during the hours the City offices are closed shall be given to the Police Department.
(§ 11073, T.O.O.C., as added by Ord. 50)
Sec. 7-2.610. Standards.
   All encroachment work shall conform to standards established by the City Engineer or, in the absence of established standards, to the specifications contained in the current edition of the standard specifications of the State issued by the Division of Highways, Department of Public Works of the State.
(§ 11200, T.O.O.C., as added by Ord. 50)
Sec. 7-2.611. Storage of materials.
   All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property.
   In areas too narrow to permit the proper storage of materials, the City Engineer may require that the permittee remove the materials from the encroachment site.
(§ 11201, T.O.O.C., as added by Ord. 50)
Sec. 7-2.612. Monuments.
   A monument set for the purpose of preserving survey points, lines, or elevation shall not be removed or disturbed without first obtaining permission from the City Engineer. The replacement of a removed or disturbed monument shall be done by a registered civil engineer or a licensed surveyor and shall be at the expense of the permittee.
(§ 11202, T.O.O.C., as added by Ord. 50)
Sec. 7-2.613. Open trenches.
   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 City Engineer. When any excavation is commenced, the work of making and refilling shall be prosecuted diligently until completion.
(§ 11203, T.O.O.C., as added by Ord. 50)
Sec. 7-2.614. Interference with drainage.
   If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the City Engineer.
(§ 11204, T.O.O.C., as added by Ord. 50)
Sec. 7-2.615. Small pipes.
   Laterals, services, and other small diameter pipes shall be jacked, bored, or driven beneath paved surface unless other methods are approved by the City Engineer.
(§ 11205, T.O.O.C., as added by Ord. 50)
Sec. 7-2.616. Covering pipes and conduits.
   The minimum cover over any pipe or conduit installed under any public highway shall be thirty (30”) inches of material measured from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be thirty (30”) inches of material measured from the surface of the nearest outermost edge of the traveled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum sixteen (16”) inches of cover starting one (1’) foot back of the curb line in the parkway or sidewalk area. The City Engineer may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided.
(§ 11206, T.O.O.C., as added by Ord. 50)
Sec. 7-2.617. Backfilling.
   The backfilling and compaction of an excavation shall be in accordance with standards established by the City Engineer and adopted by resolution of the Council, both as to materials and methods. The backfilling shall commence within forty-eight (48) hours after the work in a trench is completed.
(§ 11207, T.O.O.C., as added by Ord. 50)
Sec. 7-2.618. Paving by City.
   The City Engineer shall have the power to order the paving by City employees of any excavation up to one hundred (100’) feet in length. The permittee shall reimburse the City in accordance with the schedule of charges adopted by the Council.
(§ 11208, T.O.O.C., as added by Ord. 50)
Sec. 7-2.619. Cleanup.
   Except for materials properly stored, the permittee shall at all times keep the public highway 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. If the permittee fails, within twenty-four (24) hours after having been notified to do so by the City Engineer, the work may be done by the City Engineer and the permittee charged in accordance with the schedule of charges adopted by the Council.
   When a pole, guy-stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
(§ 11209, T.O.O.C., as added by Ord. 50)
Article 7. Relocation and Removal
Sec. 7-2.701. Requirements.
   If any City construction or other maintenance work in a right-of-way requires the relocation or removal of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense; provided, however, when an encroachment has been removed or relocated once at the expense of the permittee, any subsequent removal or relocation demanded by the City within three (3) years after the first removal or relocation shall be at the expense of the City. Such provision shall not apply if such highway becomes a freeway. The provisions of this section are not intended in any way to supersede or override any prior right which otherwise exists in favor of the permittee.
   When removal or relocation is required, the City Engineer shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the City Engineer or removed from the right-of-way, and a reasonable time within which the encroachment shall be relocated or removed. If the permittee fails to comply with such instructions, the City may relocate or remove the encroachment at the expense of the permittee in accordance with the schedule of charges adopted by the Council.
   In determining what is a reasonable time for the purposes of this section, the City Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property of the owner, and other facts peculiar to the particular situation.
   When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its preexisting condition unless the City Engineer permits otherwise.
(§§ 11251 and 11252, T.O.O.C., as added by Ord. 50)
Sec. 7-2.702. Removal of prior encroachments.
   Any lawful or unlawful encroachment existing prior to August 3, 1965, shall, when removal is required, be removed pursuant to the procedure and penalties set forth in Sections 1481 through 1485 of Chapter 6 of Division 2 of the Streets and Highways Code of the State.
(§ 11253, T.O.O.C., as added by Ord. 50)
Article 8. Public Safety
Sec. 7-2.801. Interference with use of highways.
   All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public. Except as provided in Section 942.5 of Chapter 2 of Division 2 of the Streets and Highways Code of the State, at no time shall a public highway be closed or the use thereof denied to the general public.
(§ 11300, T.O.O.C., as added by Ord. 50)
Sec. 7-2.802. Safety devices.
   In the conduct of the encroachment work, the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs, and watchmen, as are necessary to protect the public. Any omission on the part of the City Engineer to specify in the permit what safety devices shall be provided by the permittee shall not excuse the permittee from complying with all laws and regulations relating to the protection of persons under the circumstances. If the City Engineer 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 City standards, charging the permittee in accordance with the schedule of charges adopted by the Council.
   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, and at not more than fifty (50’) feet intervals along the excavation or obstruction, from one-half (1/2) hour before sunset of each day to one-half (1/2) hour after sunrise the next day, until the work is completed and the right-of-way is made safe for use.
   All safety devices shall conform to the requirements of the sign manual issued by the Department of Public Works of the State so far as such manual is applicable.
(§ 11301, T.O.O.C., as added by Ord. 50)
Sec. 7-2.803. Visibility aids.
   When the location or position of an encroachment impairs visibility to vehicular traffic, the City Engineer may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the State, or the City Engineer may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies, or impairs the sight distance for safe pedestrian or vehicular traffic.
(§ 11302, T.O.O.C., as added by Ord. 50)
Article 9. Landscaping Provisions in Public Rights-of-Way*
*   The title of Article 9, formerly entitled “Plants and Fences,” amended by Section I, Ordinance No. 549-NS, effective November 13, 1975.
*Sec. 7-2.901. Purpose and intent.
   The intent and purpose of this article are as follows:
   (a)   To implement the goals and policies of the Scenic Highways Element of the General Plan, which applies to a specific system of highways as designated in that element;
   (b)   To establish provisions of law which serve to promote a uniform City beautification program in public rights-of-way with the installation of street trees, landscaped median islands and parkways, and other landscape architectural features;
   (c)   To protect and enhance the visual character of the streets and highways in the City, with particular attention being given to landscaping and the materials used within the roadways themselves, and to provide implementation methods for achieving this objective;
   (d)   To acknowledge that trees and other plant materials, by means of their shape, texture, color, and shadow effect, give people a sense of closer contact with nature within the urban environment;
   (e)   To acknowledge that trees and other vegetation ameliorate the effects of air pollution through the absorption of air contaminants, reduce glare, and attenuate traffic noise, thus making the highway environment more pleasant for both residents and visitors of the City;
   (f)   To recognize that landscape treatment in the public rights-of-way imparts important physical, functional, economic, and aesthetic benefits to the
community and that the presence of trees and other vegetation, as well as distinctive ornamental streetscape design features, can enhance the visual identity of the City and thus improve the overall quality of the environment;
   (g)   To promote and enhance scenic highway distinction and identity by developing and maintaining highway landscape themes;
   (h)   To provide for median and parkway landscaping as new development occurs adjacent to scenic highways;
   (i)   To provide a policy, where development exists, that provisions be made for parkway and median improvements, including landscaping or other special treatment of public rights-of-way; and
   (j)   To recognize that, as street trees mature along with increased population and urbanization and increased potential for liability, there is a need to have policies which guide decisions regarding proposed removal and replacement of street trees.
(§ I, Ord. 549-NS, eff. November 13, 1975, as amended by § 1, Ord. 1372-NS, eff. February 8, 2001)
*   Section 7-2.901 entitled “Planting trees and other plants,” recodified from Section 11350, T.O.O.C., as added by Ordinance No. 50, amended by Section I, said Ordinance No. 549-NS.
*Sec. 7-2.902. Definitions.
   For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
   (a)   “Land development manual” shall mean a document containing City standards and specifications for the improvement and maintenance of public streets.
   (b)   “Landscaping design criteria.” Landscaping design criteria within public rights-of-way and adjacent to public service easements shall be as defined in the Council adopted resolution containing precise guidelines and standards, and all landscaping shall be installed in accordance with City specifications.
   (c)   “Parkway” shall mean and include that area of the public right-of-way between the back of the curb and the gutter line and the lot line of the adjacent property, other than a sidewalk.
   (d)   “Primary highway” shall mean the widest type of traffic thoroughfare that is shown on the Circulation Element of the General Plan.
   (e)   “Public service easement” shall mean an easement area usually adjacent to the street right-of-way containing utilities and City street trees.
   (f)   “Scenic Highways Element” shall mean an adopted element of the General Plan containing the policies, objectives, principles, standards, and plan proposals for the development, establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code of the State.
   (g)   “Secondary highway” shall mean a lesser type of main traffic thoroughfare shown on the Circulation Element of the General Plan.
   (h)   “Street appurtenance” shall mean an appurtenance within or adjacent to the public right-of-way, consisting of, but not limited to, street signs and street lights.
   (i)   “Street median” shall mean a raised center strip of street right-of-way with varying widths containing landscaping and street appurtenances that serve to divide opposing traffic lanes and allow for left turn pockets.
   (j)   “Street tree” shall mean any tree planted or to be located within the public right-of-way, or public service easement as a requirement of development or an entitlement of the same or adjacent property.
   (k)   “Tree well” shall mean a designated tree planting location designed and installed in accordance with City specifications.
   (l)   “Turn pocket” shall mean a special traffic lane for turning purposes within the street right-of-way that is designed and installed in accordance with City specifications.
   (m)   “Community association” shall mean an association officially representing homeowners residing within a specific area that serves to manage and maintain facilities on land in common ownership through the collection of fees.
   (n)   “Landmark trees” shall have that meaning as defined in Article 43 of Chapter 4 of Title 9 of this Code.
   (o)   “Historic trees” shall mean a tree that because of its historical or cultural significance, will be preserved and safeguarded as symbolic of the City’s heritage and to the beauty and image of the City of Thousand Oaks. All historic trees shall be designated pursuant to Article 43 of Chapter 4 of Title 9 of this Code.
(§ I, Ord. 549-NS, eff. November 13, 1975, as amended by §§ 4, 8, Ord. 1217-NS, eff. October 28,1994, § 2, Ord. 1372-NS, eff. February 8, 2001, Part 14, Ord. 1610-NS, eff. January 15, 2016, and § 2, Ord. 1649-NS, eff. September 28, 2018)
*   Section 7-2.902 entitled “Trimming and removing trees,” recodified from Section 11351, T.O.O.C., as added by Ordinance No. 50, repealed by Section II, Ordinance No. 549-NS, effective November 13, 1975.
Loading...