Chapter 20
STREETS AND SIDEWALKS1

Sections:

ARTICLE I. IN GENERAL

20.1    Construction specifications generally.

20.2    Omitted.

20.3    Water not to be drained over sidewalks.

20.4    Failure to move on upon order of policeman.

20.5    Damage to or removal of public lamps, etc.

20.6    Reserved.

20.7    Reserved.

ARTICLES II, III. RESERVED

20.8—

20.22    Reserved.

ARTICLE IV. MOVING BUILDINGS

20.23    Permit—Generally.

20.24    Same—Application—Generally.

20.25    Same—Same—Examination; approval; deposit; bond.

20.26    Provisions of bond; refund of deposit.

ARTICLE V. STREET NAMING AND NUMBERING BUILDINGS

20.27    Establishment of public streets, alleys and thoroughfares.

20.28    Names of streets and alleys.

20.29    Numbering plan.

20.30    East and west divisions.

20.31    Determination of numbers, grid maps.

20.32    Size and location of building numbers.

20.33    Display required, violation.

ARTICLE VI. SIDEWALK OBSTRUCTIONS

20.34    Sidewalk exhibition of fruit and merchandise prohibited; exception.

20.35    Bicycle racks.

20.36—

20.40    Reserved.

ARTICLE VII. CONSTRUCTION OF SIDEWALKS AND CURBS ON PROPERTIES CONSTITUTING MORE THAN FIFTY PERCENT OF FRONT FOOTAGE OF BLOCK

DIVISION 1. GENERALLY

20.41    Definitions.

20.42    Application of article.

20.43    Article constitutes alternative procedure; application of Code etc., provisions.

20.44    Duty of lot owners.

20.45    Notice to owners to construct—Generally.

20.46    Same—How notice given.

20.47    Same—Contents; posting.

20.48    Same—Time and place of hearing; decision of council final; additional hearing.

20.49    Same—Further specifications; failure to comply.

20.50    Construction by director of public works upon noncompletion by owner.

20.51    Notice of cost of construction when work not done by owner.

20.52    Report of work by director of public works.

20.53    Same—Hearing; revision, etc.; adjournment of hearings; decision of council final.

DIVISION 2. COST OF CONSTRUCTION

20.54    Assessment of cost; special assessment; lien on property.

20.55    Notice of lien—Filing; form.

20.56    Same—Effect of recording; contents generally; applicability of statute of limitations; foreclosure of unpaid lien.

20.57    Collection—Alternative method of collection of amount of lien.

20.58    Same—Same—Manner of collection of lien generally; penalties and interest; foreclosure procedure; laws as to city and county taxes applicable.

20.59    Determination by council for payment of assessments in annual installments; limitations and conditions; interest; resolution.

ARTICLE VIII. HEDGES, SHRUBS, ETC., OBSTRUCTING VISIBILITY AT STREET INTERSECTIONS OR OBSTRUCTING PASSAGE OVER STREETS AND SIDEWALKS

20.60    Height of hedges, shrubs and other obstructions at the corners of intersecting streets.

20.61    Obstructions to passage over streets and sidewalks.

20.62    When deemed nuisance; abatement; cost of abatement personal obligation against property owner.

20.63    Enforcement of article.

20.64    Scope of article.

20.65    Penalty.

20-66—

20-69    Reserved.

ARTICLE IX. ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY

20.70    Purpose.

20.71    Definitions.

20.72    Encroachment permit required.

20.73    Exceptions to permit requirement.

20.74    Right of lawful use by city and others.

20.75    Permit applications.

20.76    Liability and insurance.

20.77    Performance bond—Cash deposit.

20.78    Release or revision of bonds and cash deposits.

20.79    Fees.

20.80    Agreement concerning continuing encroachments.

20.81    Single permit—When issued.

20.82    Duration of permit.

20.83    Commencement and conclusion of work.

20.84    Display of permit.

20.85    Inspections—Records—Corrective action.

20.86    Changes in permit.

20.87    Driveway approach permit—Conditions.

20.88    Safety provisions.

20.89    Standards, supervision and inspection.

20.90    Repair and restoration.

20.91    Relocation of encroachment.

20.92    Pipes and conduits.

20.93    Poles, transmission line carriers, and wires.

20.94    Mailboxes.

20.95    Street cut notification.

20.96    Public access to facilities.

20.97    Temporary roadways, driveways and walkways — Detours.

20.98    Street closure—When permission granted.

20.99    Coordination of work with other entities.

20.100    Barricades—Emergency information.

20.101    Pavement.

20.102    Maintenance of street cut for one year.

20.103    Prohibitions.

20.104    Maintenance of sidewalks, hedges, plantings and fences.

20.105    City use of planted areas.

20.106    Monuments.

20.107    Appeal of denial of permit.

20.108    Findings on appeal.

20.109    Emergency suspension of permit.

20.110    Hearing on emergency suspension of permit.

20.111    Suspension or revocation of permit.

20.112    Hearing on suspension or revocation of permit.

20.113    Civil penalties and attorneys’ fees.

20.114    Remedies cumulative.

ARTICLE X. MAINTENANCE AND REPAIR OF PUBLIC USE EASEMENT AREA

20.115    Maintenance and repair of public use easement area.

20.116    Liability for injuries to public.

20.117    Alternative procedure.

20.118    Policies and guidelines.

ARTICLE I. IN GENERAL

20.1 Construction specifications generally.

The city council before ordering the construction or repair of any street, avenue, alley, highway or sidewalk of the city, or any bridge therein shall determine upon and adopt specifications for such construction or repair. (Code 1900, § 210)

20.2 Omitted.

20.3 Water not to be drained over sidewalks.

No drain pipe or water spout carrying water from any roof, building, swimming pool or any other source, shall be permitted to empty upon, or flow over, any sidewalk in the city. Water may be conducted in a pipe under the sidewalk to the gutter. (Ord. No. 271, § 1; Ord. No. 86-19, § 64, 10-6-86)

20.4 Failure to move on upon order of policeman.

It shall be unlawful for any person to fail, neglect or refuse to disperse or move on, on any street or sidewalk, if directed so to do by any policeman. (Code 1900, § 403)

20.5 Damage to or removal of public lamps, etc.

No person shall break or injure any public lamppost or public lamp; extinguish during the night any public light or any maintained at any place for public convenience or safety or in compliance with any of the provisions of law or orders of the city council, unless he is authorized so to do; remove, or cause the removal of, any street guide or any portion from any public lamp or post; obliterate, deface, destroy or interfere with any street guide or portion thereof. (Code 1900, § 404)

20.6 Reserved.

    Editor’s note: Ord. No. 2001-1, § I, adopted Jan, 2, 2001, repealed former § 20.6 in its entirety which pertained to liability for damage to public facilities and derived Ord. No. 76-5, § 1, adopted March 1, 1976.

20.7 Reserved.

    Editor’s note: Ord. No. 2001-1, § I, adopted Jan, 2, 2001, repealed former § 20.7 in its entirety which pertained to the duty to maintain barriers and lights around dangerous places in streets, etc., and derived from the Code of 1900.

ARTICLES II, III. RESERVED2

20.8—20.22 Reserved.

ARTICLE IV. MOVING BUILDINGS3

20.23 Permit—Generally.

It shall be unlawful for any person to move, or in any manner assist in the moving of, any house, barn or other building over, through or along any of the streets of the city before a permit in writing has been obtained from the director of public works authorizing the removal of such building. (Code 1900, § 204; Ord. No. 308, § 1)

20.24 Same—Application—Generally.

Any person desiring to move any house or other building over, through or along any of the streets of the city shall file with the director of public works an application in writing stating therein the house to be removed, the name of the owner thereof, and the streets over and along which it is proposed to move the same. (Code 1900, § 204; Ord. No. 308, § 1)

20.25 Same—Same—Examination; approval; deposit; bond.

When the application provided in the preceding section has been filed with the director of public works he shall immediately notify the chief of police. The director of public works upon filing of such application shall immediately proceed to the examination thereof, and in so doing shall take into consideration the advisability of granting the same, and if it satisfactorily appears that no material damage will occur to any public or private property along the proposed route by reason of such moving, he may grant permission to the applicant to move the building mentioned in the application over the route and over and along the street mentioned in the application; provided, that if such building is to be moved to a new location within the city, no permit will be granted unless the building to be moved conforms with the building regulations of the city; provided further, that such permission shall not be granted until the applicant has deposited with the city clerk such sum as the director of public works may designate which sum is to be used to pay for the labor of such employees as they may employ to see that no damage is done to public or private property in such moving and has filed with the city clerk a bond to the city, with two or more sufficient sureties to be approved by the city attorney, in such sum as the director of public works shall deem necessary, but not less than one hundred dollars. (Ord. No. 308, § 1)

20.26 Provisions of bond; refund of deposit.

The bond provided in the preceding section shall be conditioned for the payment of any and all damages that may be done to any street, bridge, building, alley, fireplug, hydrant, crane, or other property belonging to or under the control of the city, and also any and all damage that may be done to any telegraph, telephone or electric wire poles or electric appliances, fences, trees, buildings or other private property within the city, such payments to be made within thirty days from the time such damage has been done, that applicant will exercise due care in such moving and that the same will be done with the least inconvenience to the public and over the route designated by such permission, which bond shall be for the benefit of owners of private property as well as for the benefit of the city. The chief of police shall return to applicant when the moving of such building has been completed all money deposited with him and not paid for labor as provided in section 20.25. (Code 1900, § 204; Ord. No. 308, § 1)

ARTICLE V. STREET NAMING AND NUMBERING BUILDINGS

20.27 Establishment of public streets, alleys and thoroughfares.

All streets, alleys, and public thoroughfares within the city, which are laid down, marked or designated as such upon any survey, map or plat of any subdivision of the city, or town, or town addition, or any subdivision thereof, recorded or on file in the office of the county recorder, or county surveyor, or which have been legally established as such by the board of supervisors of the county, or the board of trustees or city council, or which have in any way been dedicated to the use of the public by the owner of the soil and used by the public, or to which the public have acquired a right by prescription or otherwise, and which have not been vacated by the board of supervisors of the county, or the city council, are declared to be established as public streets, alleys and thoroughfares. (Code 1900, § 175)

20.28 Names of streets and alleys.

The names of the streets and alleys of the city are hereby declared to be the same as designated and named on the official map of the city hereinafter adopted. (Code 1900, § 176)

20.29 Numbering plan.

The following system of numbering buildings in the city is hereby established in accordance with the South Santa Clara County Uniform House Numbering Plan as follows:

(a) Monterey Road and all other streets generally parallel to it shall be numbered at the rate of one thousand numbers per mile from south to north, with the starting point at the southernmost tip of Santa Clara County, and with the odd numbers to be placed on the buildings fronting on the westerly line of such streets and the even numbers on the buildings fronting on the easterly line of such streets.

(b) All streets generally perpendicular to and east of Monterey Street, and extending in an easterly direction, shall be numbered at the rate of one thousand numbers per mile from west to east, with the starting point at Monterey Street, and with the odd numbers to be placed on the buildings fronting on the northerly line of such streets and the even numbers on the buildings fronting on the southerly line of such streets.

(c) All streets generally perpendicular to and west of Monterey Street, and extending in a westerly direction, shall be numbered at the rate of one thousand numbers per mile from east to west, with the starting point at Monterey Street, and with the odd numbers to be placed on the buildings fronting on the northerly line of such streets and the even numbers on the buildings fronting on the northerly line of such streets. (Code 1900, § 179; Ord. No. 868, § 1, 10-20-69)

20.30 East and west divisions.

There shall be no north and south designations. All numbers lying east of Monterey Street shall be designated No. _________ east, and all numbers lying west of Monterey Street shall be designated as No. _________ west. (Code 1900, § 180; Ord. No. 868, § 2, 10-20-69)

20.31 Determination of numbers, grid maps.

The director of public works, after consultation with the fire chief, shall assign the proper number or numbers to each building or to each group or complex of buildings by reference to maps prepared by the department of public works in accordance with section 20.29. (Code 1900, § 181; Ord. No. 868, § 3, 10-20-69; Ord. No. 82-3, § 1, 2-1-82)

20.32 Size and location of building numbers.

(a) General Regulations.

(1) Each building entrance facing a public street shall be numbered immediately above or to the side of the entry, or on an adjacent sign or four-inch square post three (3) feet high or equivalent so as to be clearly visible from the street;

(2) Main address numerals shall be at least two and one-half (2 1/2) inches high with at least a three-eighths-inch stroke;

(3) Tenant unit subnumbers not facing a public street shall have numerals at least two (2) inches high with at least a one-quarter-inch stroke at all entrances;

(4) All identifying numbers and letters shall contrast with their background.

(b) One building, multitenant, one or two (2) stories, twelve (12) or less units.

(1) The building shall be assigned a single address, with each unit to be identified by a sequential number or letter; or

(2) If single story with all units facing a public street, each unit may have a separate address, if available.

(c) One building, multitenant, two (2) or more stories, twelve (12) or more units.

(1) The building shall be assigned a single address;

(2) Each unit shall be numbered sequentially, with the first digit indicating the floor level.

(d) Two (2) or more buildings on one property, multitenant.

(1) Each group or complex of buildings with a common access shall be assigned a single address, with each building to be identified by a building letter at least six (6) inches high with at least a one-inch stroke, either reflecting or illuminated, clearly visible on each side of the building facing a public street or access; or

(2) If all buildings face on public streets, each may have a separate address if available;

(3) The units in each building within a complex shall be numbered in accordance with (b) or (c) above, with each unit number to be prefixed by the building letter designation;

(4) Complex directories showing building locations and numbering systems shall be located as required by the director of public works and fire chief;

The council may by resolution adopt such further definitions and regulations as may be necessary to enforce the above requirements. (Code 1900, § 182; Ord. No. 82-3, § 1, 2-1-82)

20.33 Display required, violation.

It shall be the duty of every person owning or occupying any building in the city to place the numbers assigned under section 20.31, and no other numbers, on each building or unit as specified in section 20.32 prior to final building inspection, or within ten (10) days of notice of violation from the department of public works or the fire department, and any violation of these sections shall be an infraction. (Code 1900, § 183; Ord. No. 82-3, § 1, 2-1-82)

ARTICLE VI. SIDEWALK OBSTRUCTIONS

20.34 Sidewalk exhibition of fruit and merchandise prohibited; exception.

No person owning or occupying any building or premises fronting on any public street in the city shall place or cause to be placed, kept or maintained for sale or exhibition any fruit, vegetables, goods, wares or merchandise of any kind on any sidewalk in the city except as specifically provided by the City of Gilroy Zoning Ordinance; provided, that merchants, tradesmen and persons engaged in receiving, forwarding and expressing goods and other commodities, may use a portion of the sidewalk in front of their respective places of business for depositing such goods or commodities for a period of time not exceeding four (4) hours in any one day. (Code 1900, § 193; Ord. No. 178; Ord. No. 179; Ord. No. 319, § 1; Ord. No. 873, § 3, 11-17-69; Ord. No. 2001-10, § III, 8-6-01)

20.35 Bicycle racks.

Nothing contained in the preceding section shall prevent, during business hours, the placing of bicycle racks or holders on the outside portion of the sidewalk and next to the street curb in front of premises occupied for business purposes; provided, that such bicycle rack or holder does not extend over such sidewalk more than thirty inches from the outer line of the curb. (Code 1900, § 193; Ord. No. 178; Ord. No. 179; Ord. No. 319, § 1)

    Cross referencesBicycles generally, Ch. 5.

20.36—20.40 Reserved.

    Editor’s note: Sections 20.36—20.40 were repealed by Ord. No. 873, § 1, adopted Nov. 17, 1969.

ARTICLE VII. CONSTRUCTION OF SIDEWALKS AND CURBS ON PROPERTIES CONSTITUTING MORE THAN FIFTY PERCENT OF FRONT FOOTAGE OF BLOCK

DIVISION 1. GENERALLY

20.41 Definitions.

The following words as used in this article shall have their meanings respectively ascribed to them in this section:

Block. The word “block” means property facing one side of any street between the next intersecting streets.

Sidewalks and Curbs. The words “sidewalks and curbs” include gutters and pavements to the centerline of the street. (Ord. No. 657, § 1)

20.42 Application of article.

This article shall apply to the construction of sidewalks, gutters, pavements and curbs in front of properties in any block where a sidewalk, gutter, pavement, or curb or all of them have been constructed theretofore in front of properties in such block constituting more than fifty percent of the front footage of such block or where the owners of more than fifty percent of the front footage of the block, as shown by the last equalized assessment roll of the city, file a petition with the city clerk requesting the installation of any such improvements. (Ord. No. 657, § 1)

20.43 Article constitutes alternative procedure; application of Code etc., provisions.

This article constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this Code shall apply to proceedings instituted hereunder. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to any proceedings taken under this article. (Ord. No. 657, § 1)

20.44 Duty of lot owners.

The owners of lots or portions of lots fronting on any public street or place which has been improved by the construction of sidewalks or curbs or both for a total frontage of more than fifty percent on one side of such street or place in any block, or where a petition signed by the owners of more than fifty percent of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, shall have the duty of constructing or causing the construction of a sidewalk or curb or both in front of his property upon notice so to do by the director of public works. (Ord. No. 657, § 1)

20.45 Notice to owners to construct—Generally.

When the director of public works finds that sidewalks or curbs or both have been constructed in front of properties constituting more than fifty percent of the frontage in any block, or where a petition signed by the owners of more than fifty percent of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, the director of public works may, and upon the instructions of the council of the city shall, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no curb or sidewalk has been constructed theretofore, to construct or cause to be constructed a curb or sidewalk or both in front of his property. (Ord. No. 657, § 1)

20.46 Same—How notice given.

Notice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk or curb to be constructed or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last-known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Ord. No. 657, § 1)

20.47 Same—Contents; posting.

The postal card shall contain a notice to construct the sidewalk or curb, referred to in section 20.45, or both as the case may be, and the director of public works shall, immediately upon the mailing of the notice, cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. (Ord. No. 657, § 1)

20.48 Same—Time and place of hearing; decision of council final; additional hearing.

The notice referred to in section 20.45 shall specify the day, hour and place when the council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons. Upon the day and hour fixed for the hearing the council shall hear and pass upon such objections or protests. The decision of the council on all protests and objections which may be made, shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by section 20.53 of this chapter. (Ord. No. 657, § 1)

20.49 Same—Further specifications; failure to comply.

The notice referred to in section 20.45 shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the construction and shall further specify that if the construction is not commenced within sixty days after notice is given and diligently and without interruption prosecuted to completion, the director of public works shall cause the construction to be done, and the cost of the same shall be a lien on the property. (Ord. No. 657, § 1)

20.50 Construction by director of public works upon noncompletion by owner.

If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice or by the council after the hearing required by section 20.48 the director of public works shall forthwith construct the sidewalk. (Ord. No. 657, § 1)

20.51 Notice of cost of construction when work not done by owner.

Upon the completion of the construction, the director of public works shall cause notice of the cost of the construction to be given in the manner specified in this article for the giving of notice to construct, which notice shall specify the day, hour and place when the council will hear and pass upon a report by the director of public works of the cost of the construction, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested persons. (Ord. No. 657, § 1)

20.52 Report of work by director of public works.

Upon the completion of the construction, the director of public works shall prepare and file with the council a report specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not. (Ord. No. 657, § 1)

20.53 Same—Hearing; revision, etc.; adjournment of hearings; decision of council final.

Upon the day and hour fixed for the hearing the council shall hear and pass upon the report of the director of public works together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The council may adjourn the hearings from time to time. The decisions of the council on all protests and objections which may be made, shall be final and conclusive. (Ord. No. 657, § 1)

DIVISION 2. COST OF CONSTRUCTION

20.54 Assessment of cost; special assessment; lien on property.

The cost of the construction may be assessed by the council against the parcel of property fronting upon the sidewalk or curb so constructed, and such cost so assessed, if not paid within five days after its confirmation by the council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Ord. No. 657, § 1)

20.55 Notice of lien—Filing; form.

The director of public works may file in the office of the county recorder in which the parcel of property is located, a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in me by Chapter 20A of the Gilroy City Code, I did, on the _________ day of _________, 1961, cause the sidewalk or curb to be constructed, and the council of said city did, on the _________ day of _________, 1961, by Resolution No. _________ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city, does hereby claim a lien on said real property in the sum of _________ dollars ($_________), and the same shall be a lien upon said real property until the said sum, with interest at the rate of _________ percent (insert rate of interest as fixed by council, not to exceed 6 percent) per annum, from the said _________ day of _________, 1961, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the said City of Gilroy, County of Santa Clara, State of California, and particularly described as follows, to wit:

(DESCRIPTION OF PROPERTY)

Dated this _________ day of _________ 1961.

(Ord. No. 657, § 1)

20.56 Same—Effect of recording; contents generally; applicability of statute of limitations; foreclosure of unpaid lien.

From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Ord. No. 657, § 1)

20.57 Collection—Alternative method of collection of amount of lien.

As an alternative method of collection of amount of the lien, the council, after confirmation of the report of the director of public works, may order the notice of lien to be turned over to the accounting officer and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Ord. No. 657, § 1)

20.58 Same—Same—Manner of collection of lien generally; penalties and interest; foreclosure procedure; laws as to city and county taxes applicable.

The amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Ord. No. 657, § 1)

20.59 Determination by council for payment of assessments in annual installments; limitations and conditions; interest; resolution.

The council shall have the power, in its discretion, to determine that the payment of such assessments of fifty dollars or more may be made in annual installments, in any event not to exceed ten, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the council, not to exceed six percent per annum. Such interest shall begin to run on the thirty-first day after the confirmation of the assessments by the council. All such determinations may be expressed by resolution of the council at any time prior to the confirmation of the assessments. (Ord. No. 657, § 1)

ARTICLE VIII. HEDGES, SHRUBS, ETC., OBSTRUCTING VISIBILITY AT STREET INTERSECTIONS OR OBSTRUCTING PASSAGE OVER STREETS AND SIDEWALKS

20.60 Height of hedges, shrubs and other obstructions at the corners of intersecting streets.

It shall be unlawful for the owner or occupant of any corner lot or premises in the city to install, set out, maintain, permit or allow the installation, setting out, maintenance or existence of any hedge, shrubbery or other obstructions to the view higher than three feet above the adjacent street curb level between the curbline and the property line or within the triangular area of the private lot or premises between the property lines adjacent to the corner and a diagonal line joining points on the property lines twenty feet from the point of their intersection, or in the case of rounded corners, the area circumscribed by the curve and a chord to the curve; such chord being a line drawn between the point of tangency at the beginning of the curve and the point of tangency at the end of the curve. The foregoing provisions shall not apply to permanent buildings, public utility poles, official warning signs or signals, or to places where the contour of the ground is such that there can be no cross visibility at the intersection. (Ord. No. 658, § 1; Ord. No. 79-4, § 1, 2-5-79)

20.61 Obstructions to passage over streets and sidewalks.

It shall be unlawful for the owner or occupant of any lot or premises in the city to install, set out, maintain, permit or allow the installation, setting out, maintenance or existence of any hedge, shrubbery, trash, rubble, or other obstructions to the passage of pedestrian or vehicular traffic over any public sidewalk, street, or street gutter area. (Ord. No. 79-4, § 1, 2-5-79)

    Editor’s note: Ord. No. 79-4, § 1, adopted Feb. 5, 1979, revised § 20.61 to read as herein set out. Formerly § 20.61 had pertained to the applicability of § 20.60, and had been derived from Ord. No. 658, § 2.

20.62 When deemed nuisance; abatement; cost of abatement personal obligation against property owner.

In addition to the remedy by prosecution for violation of this article, any obstruction maintained in violation of this article shall be deemed a nuisance, and upon failure to abate the same within twenty days after the posting upon the premises of notice to abate the nuisance, signed by the city administrator or his authorized representative, the city administrator or his authorized representative may enter upon the premises and remove or eliminate the obstruction. In such event the cost to the city of the abatement of the nuisance shall be a personal obligation against the owner of the premises upon which the nuisance was maintained, recoverable by the city in an action before any court of competent jurisdiction. (Ord. No. 658, § 4)

20.63 Enforcement of article.

The enforcement of this article shall be under the direction of the city administrator. The city administrator may designate representatives who may investigate violations of this section, give such notices as may be required to carry out this section, and perform such other duties in connection with the enforcement of this article as may be imposed upon them by the city administrator. (Ord. No. 658, § 3)

20.64 Scope of article.

No obstruction to cross-visibility shall be deemed to be excepted from the application of this article because of its being in existence at the time of the adoption hereof, unless expressly excepted by the terms of this article. (Ord. No. 658, § 5)

20.65 Penalty.

Any person violating any of the provisions of this article shall be punished as provided in section 1.7. (Ord. No. 658, § 6; Ord. No. 77-15, § 17, 4-18-77)

20-66—20-69 Reserved.

ARTICLE IX. ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY

20.70 Purpose.

The purpose of this article is to protect the public through procedures and regulations for the granting of permits to allow encroachments in the public right-of-way. (Ord. No. 2001-1, § II, 1-2-01)

20.71 Definitions.

(a) “City engineer” means the city engineer of the City of Gilroy, or his or her authorized representative.

(b) “Continuing encroachment” means an encroachment into a right-of-way that is intended to continue to exist indefinitely after construction is completed.

(c) “Community development director” means the director of community development of the City of Gilroy, or his or her authorized representative.

(d) “Emergency street cut” means 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.

(e) “Encroach” or “encroachment” includes going upon, over or under a right-of-way, or using a right-of-way or an area adjacent to a right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that right-of-way, or a modification of its intended use, including, but not limited to:

(1) Excavation or disturbance;

(2) Erection, construction, placement or maintenance of any physical improvement;

(3) Planting or maintaining any landscaping;

(4) Placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with this Code.

(f) “Landscaping” means any tree, shrub, grass, groundcover, plant, solid landscape feature or growing thing.

(g) “Permittee” means any person that has been issued an encroachment permit pursuant to this article.

(h) “Physical improvement” means any post, sign, pole, fence, guard rail, wall, facility, pathway, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, conduit, cable, embankment or excavation.

(i) “Public street” means the portion of the public right-of-way of any road, street, lane or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular travelway, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the state highway system or county roads or expressways.

(j) “Right-of-way” means land which by written instrument, usage or process of law is reserved for or dedicated to the public use for street, utility or highway purposes, or other transportation purposes.

(k) “Street cut” means the action or result of opening, tearing up, excavating, removing or constructing in any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-of-way area for any purpose whatever within the jurisdiction of the city.

(l) “Utility” means any entity constituting a public utility under state law authorized to use the public streets pursuant to city or state franchise.

(m) “Waste material” means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded. (Ord. No. 2001-1, § II, 1-2-01)

20.72 Encroachment permit required.

(a) Except as otherwise provided in section 20.73, 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.

(b) No person shall make a right-of-way encroachment or cause any street cut to be made without having secured the proper permit two (2) 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 (2) 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.

(c) 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.

(d) All obligations, responsibilities and other requirements of the permittee as described in this article shall be binding on subsequent owners of the encroachment.

(e) Any person owning or maintaining any encroachment existing as of the effective date of this article, which has not previously been the subject of a written permit or agreement, and is not exempt under section 20.73 shall be required to apply for a permit pursuant to this article by January 1, 2002. If an application is not timely made, or if an application is made but a permit is denied, the city may remove the encroachment at the property owner’s expense. Prior to such removal, the city shall give not less than thirty (30) days’ written notice by mail to the person or persons who reasonably appear to own or maintain such encroachment, if the identity and address thereof can be ascertained with reasonable efforts by the city.

(f) Any encroachment for which a permit is required and for which no permit has been issued pursuant to this article shall be deemed a public nuisance which may be abated by the city pursuant to this Code. (Ord. No. 2001-1, § II, 1-2-01)

20.73 Exceptions to permit requirement.

No encroachment permit shall be required for any of the following:

(a) Any landscaping within the right-of-way or a city easement; provided, however, that any such landscaping in violation of the nuisance provisions of this Code is subject to abatement and other remedies as provided elsewhere in this Code, and any work on or affecting a street tree requires a separate street tree permit;

(b) Marquees, awnings and other projecting structures and building appendages which project over the right-of-way, comply with the requirements of the Uniform Building Code for use of public streets and projections over public property, and are part of a building or structure which has been granted a valid building permit;

(c) Any temporary sign erected, constructed and maintained in compliance with applicable provisions of this Code;

(d) Any fence or hedge in compliance with applicable provisions of this Code;

(e) The actions of any officer or employee of the city engaged in the discharge of official duties;

(f) The performance of work under contract to the city;

(g) The placement or maintenance of newsracks in compliance with this Code or state or federal law;

(h) The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the city are closed. Any utility making such street cut shall apply for an emergency encroachment permit on the next city business day. The issuance of such permit shall be at the sole discretion of the city engineer. If the emergency street cut is performed during business hours, the permittee shall attempt to reach the city engineer by telephone in advance of the work. (Ord. No. 2001-1, § II, 1-2-01)

20.74 Right of lawful use by city and others.

(a) The city reserves all rights to approve and construct municipal improvements under or over facilities or portions of facilities constructed pursuant to encroachment permits.

(b) Any permit granted under this article shall be subject to the right of the city, or any other person entitled thereto, to use that part of the right-of-way for any purpose for which it may be lawfully used, and no part of the right-of-way shall be unduly obstructed at any time. (Ord. No. 2001-1, § II, 1-2-01)

20.75 Permit applications.

(a) An application for a permit required by this article shall be made on a form prescribed by the city engineer The application shall be signed by the applicant or his or her representative and shall include the following:

(1) The name, address, telephone number, facsimile phone number and 24-hour emergency phone number of the applicant and contractor;

(2) If the name of the contractor is not known to applicant at the time of submittal of the application, any encroachment permit issued shall be conditional upon the furnishing by contractor of related information to the city engineer not later than ten (10) days after the contractor is known to the permittee, and at least two (2) business days prior to commencement of work by the contractor, unless the city engineer gives a written extension to provide this information;

(3) The location, purpose, extent and nature of the proposed work;

(4) The period of time when the proposed work will be performed;

(5) A certificate of insurance identifying the applicant and contractor’s insurance carrier in a form satisfactory to the city;

(6) All other complete and descriptive information, including plats, plans, specifications and analyses the city engineer may require so as to describe the work and its effect on the right-of-way, including the mode of operation, maintenance and use;

(7) The written order or consent to work thereunder, required by law, issued by the California Public Utilities Commission or any other public district, agency or body having jurisdiction;

(8) Current maps and records of the underground facilities at the site, if applicable, unless this requirement is waived by the city engineer;

(9) Any other information deemed necessary by the city engineer.

(b) The application for a permit shall refer to, and incorporate by reference, all of the provisions of this article.

(c) A permit shall not be issued unless and until the order or consent required pursuant to subsection (a)(7) is first obtained and filed with the city engineer. The permittee shall be knowledgeable and comply with all applicable federal, state and local laws, regulations and orders which may in any manner affect the permit. The permittee shall ensure that its agents, employees and contractors are at all times in compliance with all applicable laws, regulations and orders. (Ord. No. 2001-1, § II, 1-2-01)

20.76 Liability and insurance.

(a) The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee or other persons under the permit; failure on permittee’s part to perform obligations under the permit with respect to maintenance; or the existence of any permitted encroachment. If any claim of such liability is made against the city, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

(b) Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at its expense, a policy of broad form commercial general liability insurance, on an “occurrence” basis. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. The policy shall name the city and its officers, employees and agents as additional insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work authorized by the permit and the manner of installation or construction. The insurance shall be in effect on the date that the work is commenced and shall be maintained in effect until the work has been completed and the work has been accepted by the city engineer. The policy shall include a cancellation clause requiring the issuing company to provide a thirty-day written notice of cancellation, suspension or modification, to the named certificate holder. A certificate of the insurance shall be filed with the community development department prior to commencement of work.

(c) If the work to be performed under a permit will involve an excavation more than six (6) inches in depth in a street, the applicant or contractor shall furnish liability insurance coverage in an amount not less than five hundred thousand dollars ($500,000.00) combined single limit. For permits not involving excavation or excavation less than six (6) inches in depth, the applicant or the contractor shall furnish such liability insurance coverage in an amount not less than three hundred thousand dollars ($300,000.00) combined single limit. If an applicant or a contractor maintains with the city a certificate of continuous insurance coverage, such applicant or contractor shall change his or her insurance coverage to be in compliance with the requirements of this section on or before the renewal date of the policy. The city engineer, upon consultation with the city’s risk manager, may increase, decrease or waive the insurance limits set forth above in those cases in which the city engineer determines that special circumstances justify such an increase, decrease or waiver. (Ord. No. 2001-1, § II, 1-2-01)

20.77 Performance bond—Cash deposit.

(a) Prior to issuance of a permit authorizing work pursuant to this article, a surety bond, issued by a corporation authorized to conduct a general surety business in the State of California, shall be filed with the city engineer, on a form approved by the city attorney.

(b) The bond shall guarantee the performance of the work authorized by the permit in accordance with all applicable conditions of approval and requirements of this article and shall indemnify the city against faulty or improper workmanship or material during the performance of the work and for one (1) year from date of completion. The bond may be written to apply to more than one permit issued pursuant to this article.

(c) The amount of the bond shall be established by the city engineer and shall include the estimated cost or damages that the city may incur to restore the right-of-way to a safe condition, but shall not be less than five thousand dollars ($5,000.00).

(d) An applicant may deposit cash or a certified check payable to the city, in the amount determined pursuant to subsection (c). At the discretion of the city engineer, an applicant may submit a combination of cash and a bond to satisfy the requirement of this section.

(e) At the discretion of the city engineer, the requirements of this section may be waived if the city engineer determines that the potential risk or exposure to the city is insignificant, or if the applicant is a public utility.

(f) Public agencies authorized by law to establish or maintain any facilities or work within the public street or right-of-way are not required to post a bond or cash deposit.

(g) No exemption or waiver shall be construed to relieve any applicant of responsibility or liability for injuries or damages resulting from or caused by willful acts, negligence, faulty design or specifications, improper workmanship or defective materials. (Ord. No. 2001-1, § II, 1-2-01)

20.78 Release or revision of bonds and cash deposits.

(a) Any bond or cash deposit submitted pursuant to this article shall be released only upon satisfactory completion of all work and conditions set forth in the permit. Any damaged public or private facility must be repaired and in as good a condition as it was prior to commencement of the work.

(b) At any time the city engineer determines that the amount of the bond or cash deposit is insufficient to cover potential costs or damages which might result from the project, the city engineer may require the permittee to post an additional bond or cash deposit, or combination thereof, as a condition of continuing work on the project.

(c) At the discretion of the city engineer, a permittee may substitute a bond of lesser amount, or receive a partial release of a cash deposit, where the city engineer determines that the potential risks to the city have been substantially reduced or where some, but not all, of the conditions of the permit have been met and the circumstances justify a partial release or revision of the amount covered by the bond or cash deposit. (Ord. No. 2001-1, § II, 1-2-01)

20.79 Fees.

(a) All fees required to be paid under the provisions of this article shall be established by resolution of the city council. Fees are due at the time an application is submitted.

(b) Unless waived in writing by the community development director, fees will be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way. (Ord. No. 2001-1, § II, 1-2-01)

20.80 Agreement concerning continuing encroachments.

The issuance of an encroachment permit for a continuing encroachment shall, at the discretion of the city engineer, be contingent upon the execution between the city and the permit applicant, of an agreement providing for the use, operation and maintenance of the encroachment. The agreement shall contain specific conditions for the use, operation and maintenance of the encroachment and appropriate indemnification clauses to the benefit of the city. Any encroachment permit issued in conjunction with an agreement shall be valid only so long as the permittee is in compliance with the terms and conditions of that agreement. (Ord. No. 2001-1, § II, 1-2-01)

20.81 Single permit—When issued.

(a) A single encroachment permit for the installation of both mains and services may be issued to a public utility that holds a current and valid franchise to operate in the city.

(b) At the city engineers discretion, a single permit may be issued for each separate phase of the construction of a large public utility project. (Ord. No. 2001-1, § II, 1-2-01)

20.82 Duration of permit.

(a) Each permit shall specify its duration and shall become null and void after the date so specified, or any extension thereof, unless the permit is terminated sooner by discontinuance of the use or removal of the encroachment for which the permit was issued and final inspection and acceptance of work.

(b) A permit for a continuing encroachment shall be considered to be of indeterminate duration. (Ord. No. 2001-1, § II, 1-2-01)

20.83 Commencement and conclusion of work.

(a) The permittee shall begin the work or use authorized by a permit issued pursuant to this article within sixty (60) days from date of issuance, unless a different time period is stated in the permit. If the work is not timely begun, the permit shall become void, unless a timely extension of time to commence work has been granted by the city engineer. Before beginning any work which involves or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, or making, placing or causing an obstruction in the traveled way, the permittee shall notify the city engineer.

(b) The permittee shall complete the work or use authorized by a permit issued pursuant to this article within the time specified in the permit and shall notify the city engineer upon completion. No work shall be deemed to be complete, nor shall the work be operated or placed into service, without written authorization, notification of completion, or acceptance by the city engineer. If at any time the city engineer determines that the prosecution or completion of the work or use authorized is delayed due to lack of diligence on the part of the permittee, the permit may be canceled and the right-of-way restored to its former condition. The permittee shall reimburse the city for all expenses incurred by the city in restoring the right-of-way.

(c) The city engineer may extend any time period if commencement or completion of the work for which the permit was issued was delayed because of inclement weather, strikes, an act of God or other causes not within the control of the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.84 Display of permit.

(a) A copy of any permit issued pursuant to this article shall be kept at the site of any construction work pertaining to the encroachment and shall be shown to any authorized representative of the city on demand.

(b) A permit issued for continued use or maintenance of an encroachment involving the residence or place of business of the permittee may be kept at the residence or place of business, or otherwise safeguarded during the term of validity, and shall be made available to an authorized representative of the city within a reasonable time upon demand.

(c) The permittee shall provide a 24-hour emergency telephone number on the application and shall display its company name and emergency telephone number on its barricades. Failure to respond to an incident promptly shall require corrective measures by the city, the cost of which shall be borne by the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.85 Inspections—Records—Corrective action.

(a) The city engineer may require the permittee to perform special inspections of and maintain records for certain facilities constructed in the right-of-way. The city reserves the right to conduct inspections as the city engineer deems necessary or convenient throughout the construction phases of the project and to have access to any pertinent records of the permittee.

(b) Final inspection of construction may be conducted by the city engineer. At the city engineer’s discretion, permittee may be required to be present. Permittee shall allow reasonable time for the city to prepare and provide a list of items requiring corrective action. Corrective action shall be required as necessary to return the public right-of-way to as good repair as it was immediately before the work was commenced. The surface of the street, sidewalk or ground shall be neither elevated nor depressed below the surface grade. The permittee shall undertake timely correction of all items as required by the city engineer. A permittee who fails to obtain inspections of work as required by the permit may be required to remove the work, or the city may remove the work at the expense of the permittee, as deemed appropriate by the city engineer.

(c) All persons owning underground facilities located in the city shall keep current, adequate and complete maps and records of same. Such maps and records shall be made available to the city upon request. (Ord. No. 2001-1, § II, 1-2-01)

20.86 Changes in permit.

(a) No changes may be made in the location, dimension, character or duration of the encroachment, its mode of operation, maintenance, or use as granted by the permit except upon written authorization of the city engineer. The city engineer may prescribe forms and procedures for the request of changes to permits. All construction and use of materials must adhere to approved plans and specifications. The permittee shall coordinate all construction activities with the city engineer.

(b) No additional permit shall be required for the continuing use of encroachments installed by public utilities, provided that such continuing use must conform to the conditions of the original encroachment permit and any later modifications to that permit. (Ord. No. 2001-1, § II, 1-2-01)

20.87 Driveway approach permit—Conditions.

(a) If a driveway approach is abandoned within five (5) years after the date of the issuance of the permit, permittee may be required to, at the discretion of the city engineer, restore the street to its original condition as it existed prior to the issuance of the permit. If the building served by the driveway approach is abandoned prior to such period, then permittee shall be released of the requirement to restore the curb.

(b) Prior to the final acceptance of the building by the building inspector of the city, any person constructing a new building shall obtain permits for restoration of the curb to its original condition, if an old driveway is abandoned, and for the installation of a new driveway approach. (Ord. No. 2001-1, § II, 1-2-01)

20.88 Safety provisions.

(a) Permittee shall at all times obey and enforce all applicable safety orders, rules and recommendations of the State Department of Industrial Relations and shall comply with all applicable state and local laws, ordinances, codes and regulations. Permittee shall obtain all necessary licenses, including a City of Gilroy business license.

(b) During construction, permittee shall immediately remedy all hazardous conditions or nuisances upon receipt of any notice to do so from the city. The city engineer may take any action he or she deems necessary to remedy any hazardous condition or nuisance if there is insufficient time, under the circumstances, to first provide notice to permittee, or if permittee fails to take immediate and appropriate action upon receipt of notice from the city.

(c) Permittee shall provide, erect and maintain any lights, warning sign, signals, flares, patrols and other appropriate safeguards necessary to protect the public during the course of work or maintenance of an encroachment. Where the permit involves excavation, obstruction or similar work within the right-of-way, permittee shall place and maintain lights at fifty (50) foot or lesser intervals, and at each end of the excavation or obstruction. The area shall be lit from one-half (1/2) hour before sunset to one half (1/2) hour after sunrise the following day for each day until the right-of-way has been made safe for use. Reflectorized warning signs conforming to the requirements of California Department of Transportation shall be placed at two hundred (200) and at four hundred (400) feet from each excavation or obstruction to provide adequate warning.

(d) Warning signs, lights and other safety devices shall conform to the requirements of the California Vehicle Code and the traffic sign manual issued by the California Department of Transportation, or other recognized, applicable standards.

(e) The standards and requirements set forth in this article are intended to be the minimum required standards. The failure of the city to require any specific safety device or procedure shall not excuse permittee from the duty to comply with any other requirements or standards or to take reasonable, appropriate and prudent safety precautions indicated by the specific circumstances. At any time, the city may provide, erect, relocate or remove any safety device or measure as necessary or cancel the permit and restore the right-of way at the expense of the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.89 Standards, supervision and inspection.

(a) All work done under a permit shall conform to applicable laws, ordinances, codes and specifications and to the conditions of approval established by the city or, in the absence of established specifications, to recognized standards of design and construction and approved practices in connection with the work to be done. All work shall be done subject to the satisfaction and approval of the city engineer.

(b) If the work, use or encroachment authorized in a permit issued pursuant to this article interferes with the established drainage, the permittee shall provide for proper drainage as directed by the city engineer.

(c) Backfilling of an excavation shall be in accordance with the standard details and specifications of the city, or those other specifications required by the city engineer for the particular project, both as to material and method. Backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the city engineer.

(d) All operation, maintenance and repairs to a continuing encroachment shall conform to the conditions of approval of the underlying encroachment permit, to the terms of any applicable agreement with city, and to established and recognized standards of construction, design, operation and maintenance for the particular type of encroachment. (Ord. No. 2001-1, § II, 1-2-01)

20.90 Repair and restoration.

(a) Upon completion of the project for which the permit was issued, or when required by the city engineer, the permittee shall replace, repair or restore the public right-of-way to its prior condition unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition.

(b) By the acceptance of the permit, the permittee agrees to exercise reasonable care in inspecting and maintaining the area affected by the encroachment after completion of all work.

(c) The permittee shall immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified by the city engineer or can respond to notification, the city may at its option make the necessary repairs or replacements or perform the necessary work and the permittee shall promptly reimburse the city for all the expenses incurred in the performance of the work. (Ord. No. 2001-1, § II, 1-2-01)

20.91 Relocation of encroachment.

(a) If any future construction, reconstruction or maintenance work by the city on the right-of way necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee’s sole expense.

(b) When relocation is required, the city engineer shall make written demand of the permittee that the encroachment be relocated to a satisfactory location provided by the city engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under 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 property to the owner, and other facts peculiar to the particular situation. If the permittee fails to comply with the city engineer’s instructions, the city may relocate the encroachment at the expense of the permittee.

(c) The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy public rights-of-way pursuant to a franchise or an express provision of state statute, unless in conflict with a franchise agreement with the city, or in conflict with a state statute applicable to a charter city. (Ord. No. 2001-1, § II, 1-2-01)

20.92 Pipes and conduits.

(a) Utility services and other small diameter pipes or rigid conduits shall be jacked or otherwise forced underneath a paved surface. In developing plans for the installation of pipes, conduits or similar facilities, the permittee shall consider boring and jacking as an alternative to open cut of streets. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless specifically authorized in the permit. No tunneling shall be permitted except as specifically set forth in the permit.

(b) The city engineer is authorized to permit the installation of pipes or conduits where minimum cover cannot be provided because of topography, structures or other engineering necessity.

(c) Trench restoration shall be according to City of Gilroy standards, except as modified by additional special conditions of approval or a design by a licensed civil engineer approved by the city engineer. (Ord. No. 2001-1, § II, 1-2-01)

20.93 Poles, transmission line carriers, and wires.

(a) Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction, the conditions of the encroachment permit, and any other special requirements of the city engineer.

(b) No guy wires shall be attached to trees unless specifically authorized by the permit. No guy wire shall be attached as to girdle a tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground as prescribed in the rules, orders and regulations of the Public Utilities Commission. When a pole, brace, 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.

(c) When the location or position of a pole or obstruction makes accentuation of its visibility to vehicular traffic advisable, the city engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the California Department of Transportation, at the expense of the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.94 Mailboxes.

All mailboxes required by the United States Postal Service shall be placed in accordance with the rules and regulations of that agency, except as follows:

(a) A personal-use mailbox may be placed and maintained within a public right-of-way if a permit has been obtained therefor pursuant to this article;

(b) A permit is not required of the United States Postal Service for the placement of collection and storage boxes and the like within the right-of-way;

(c) No box for the collection or delivery of mail shall be placed within the right-of-way as to endanger the life or safety of the public. (Ord. No. 2001-1, § II, 1-2-01)

20.95 Street cut notification.

(a) When the encroachment involves a street cut, the permittee shall notify every public utility having facilities in the vicinity of the street cut regarding the issuance of the permit and its provisions. If a subsurface excavation is required, the permittee shall contact Underground Service Alert (USA) at least two (2) working days prior to any excavation to verify utility locations, and shall have all utilities located and marked prior to commencement of any work.

(b) The permittee shall, upon uncovering any pipe or underground facility not previously located or anticipated, cease work immediately and notify the city engineer. The permittee shall proceed with the work only after the proper utility has been notified and permission is granted by the city engineer to proceed.

(c) A person causing an emergency street cut shall secure an emergency street cut permit not later than the working day immediately following the street cut. If the emergency street cut is performed during business hours, the person causing the street cut shall attempt to reach the city engineer by telephone in advance of the work. (Ord. No. 2001-1, § II, 1-2-01)

20.96 Public access to facilities.

(a) The permittee shall so plan the work as to cause the minimum of interference with traffic and inconvenience to the public and perform all street cut work in a neat and professional manner. Roadways and walks shall not be unnecessarily obstructed. At no time shall a public street be closed, or its function reduced or modified or the use thereof denied in whole or in part to the general public, without the written permission of the city engineer.

(b) The permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. The permittee shall not remove such structures and property or relocate or manipulate them without proper coordination with the authorities responsible for their control and maintenance. (Ord. No. 2001-1, § II, 1-2-01)

20.97 Temporary roadways, driveways and walkways — Detours.

(a) When necessary, the permittee shall construct temporary roadways and driveways for vehicles and walkways for pedestrians. The walkway around the street cut shall be constructed as close to the area formerly used for pedestrian travel as possible.

(b) When a street cut is made in an area commonly used for pedestrian travel, the permittee shall construct a temporary walkway not less than three and one-half (3 1/2) feet in width for pedestrian travel over or around the street cut. The walkway shall be designed for a minimum uniform live load of one hundred (100) pounds per square foot, and shall be provided with suitable ramps and stairs at each end and with a handrail not less than three (3) feet high along each side, or with a railing on one side and a fence on the other, as the situation may require. The permittee shall provide lighting, with an intensity of not less than one (1) foot candle at the floor level on all temporary walkways constructed pursuant to this article.

(c) All temporary walkways shall comply with all federal and state laws and regulations pertaining to access by disabled persons, including but not limited to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., or as the same shall be later amended. (Ord. No. 2001-1, § II, 1-2-01)

20.98 Street closure—When permission granted.

Upon written application, the city engineer may grant written permission to permittee to close or cause to be closed, for limited periods, city streets, driveways or areas not under control of the state or the county if in the opinion of the city engineer, the public interest can best be served thereby. (Ord. No. 2001-1, § II, 1-2-01)

20.99 Coordination of work with other entities.

The permittee shall coordinate all street cut work with other entities working in the area so that public convenience is least impaired and to the satisfaction of the city engineer. The permittee shall at all times notify the police department of any and all obstructions within the public right-of-way which might impair or prevent passage of an emergency vehicle. (Ord. No. 2001-1, § II, 1-2-01)

20.100 Barricades—Emergency information.

A permittee shall clearly paint on all barricades, in letters not less than four (4) inches high, emergency information consisting of the name and emergency 24-hour telephone number of permittee. The permittee shall cause at least one (1) such barricade to be erected and maintained at every job site until the street cut work is complete and formally accepted by the city in writing. (Ord. No. 2001-1, § II, 1-2-01)

20.101 Pavement.

(a) The permittee shall be required to construct pavement, whether temporary or permanent, in accordance with the standard specifications of the city, unless otherwise specified on the permit.

(b) All construction work performed pursuant to a street cut encroachment permit shall be performed by contractors who have current and valid licenses issued by the State of California Contractor’s License Board, for the type of work being performed. (Ord. No. 2001-1, § II, 1-2-01)

20.102 Maintenance of street cut for one year.

The permittee shall either make all necessary repairs or shall reimburse the city for the cost of necessary repairs made within the one-year period after written approval of the completion of street cut work. The cost of repairs shall be determined by the city engineer in accordance with current cost and policies in force at the time the work is completed. (Ord. No. 2001-1, § II, 1-2-01)

20.103 Prohibitions.

Unless authorized by an encroachment permit, it is unlawful to do any of the following:

(a) Store materials used in connection with the work within five (5) feet of a public street, or stockpile materials in the right-of-way. Excess earth materials from trenching or other operations shall be removed from the pavement, travel way or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the city engineer.

(b) Plant or remove a tree within the right-of-way without a written street tree permit. When a tree is removed, the entire stump shall be taken out for a distance of at least two (2) feet below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

(c) Plant any landscaping other than groundcover in a right-of-way except as provided in this chapter.

(d) Plant any landscaping across any existing walkway in a sidewalk area or roadway shoulder.

(e) Erect or maintain a fence or similar structure in a right-of-way without a permit, except as provided in this article.

(f) Erect or maintain a fence or similar structure across any existing walkway in a sidewalk area or roadway shoulder.

(g) Permit or maintain any encroachment of any nature which impedes, obstructs or denies pedestrian or other lawful travel within the limits of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(h) Construct or maintain a freight loading platform upon or in the right-of-way. (Ord. No. 2001-1, § II, 1-2-01)

20.104 Maintenance of sidewalks, hedges, plantings and fences.

(a) The owners of lots or portions of lots fronting on any portion of a public street shall maintain any sidewalk, including any parking strip area between the property line and the street line, free and clean of excessive amounts of leaves, and of trash or debris, with the exception of solid waste and recyclables set out properly for collection. Nothing in this section shall reduce the authority of city under procedures set forth elsewhere in this article to provide for the construction, reconstruction or repair of sidewalks.

(b) The permittee or the owner of property adjacent to the right-of-way shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times so as to prevent encroachments into the right-of-way. If landscaping is not maintained as specified in this article, the city engineer may direct that permittee or property owner to remove the landscaping and restore the right-of-way to its former condition, at the expense of the permittee or property owner. (Ord. No. 2001-1, § II, 1-2-01)

20.105 City use of planted areas.

The city may use a planted area within the public right-of-way for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this article. If any lawn, or other vegetation, is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise. (Ord. No. 2001-1, § II, 1-2-01)

20.106 Monuments.

No person shall remove or disturb, or cause to be removed or disturbed any monument of granite, concrete, brass, iron or other material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision or precise survey or reference point without first obtaining permission from the city engineer. The permission to be granted shall conform with the requirements set forth in specifications established by the city engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.107 Appeal of denial of permit.

Any person aggrieved by the denial of a permit required by this article may appeal to the city administrator, by submitting a written appeal within fifteen (15) days of the date the application was denied. The city administrator shall hold a hearing on the appeal pursuant to the city’s municipal administrative hearing policy as that policy has been duly adopted by the city council by ordinance if an ordinance has been adopted, or by resolution. (Ord. No. 2001-1, § II, 1-2-01)

20.108 Findings on appeal.

The city administrator shall grant the appeal and issue a permit, subject to any appropriate conditions, if all of the following findings are made:

(a) That the applicant will be substantially damaged by the refusal to grant the permit as requested;

(b) That no other reasonable method of obtaining the desired results is available except as proposed by applicant;

(c) That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property;

(d) That the project for which the permit is sought will not adversely affect the safety, capacity, or integrity of the city’s right-of-way;

(e) That the applicant has substantially complied with the provisions of any prior permits issued to the applicant, and has paid or posted all required fees or bonds, and maintained all required insurance coverage;

(f) That the environmental effects are not significant;

(g) That an additional maintenance cost to the city is not created by the encroachment. (Ord. No. 2001-1, § II, 1-2-01)

20.109 Emergency suspension of permit.

Whenever the city engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the city engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The city engineer shall, within three (3) working days of the emergency suspension of the permit, notify the permittee of such suspension by written notice, personally served upon the permittee or mailed by first class mail, postage prepaid, to the last known address of the permittee. (Ord. No. 2001-1, § II, 1-2-01)

20.110 Hearing on emergency suspension of permit.

(a) The permittee may, within fifteen (15) days after service of a written notice of suspension, request a hearing before the city administrator with regard to such emergency suspension. The city administrator shall hold a hearing pursuant to the city’s municipal administrative hearing policy as that policy has been duly adopted by the city council by ordinance if an ordinance has been adopted, or by resolution. If the city administrator, after the hearing, finds that cause exists for remedial action, the city administrator shall impose one or more of the following:

(1) A warning;

(2) An order to correct any particular noncompliance;

(3) A revocation of the encroachment permit;

(4) A continued suspension of the encroachment permit;

(5) A modification or reinstatement of the encroachment permit, with conditions.

(b) The city administrator shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. (Ord. No. 2001-1, § II, 1-2-01)

20.111 Suspension or revocation of permit.

Any permit issued pursuant to this article may be suspended or revoked by the city engineer if the city engineer finds that:

(a) The permittee has violated any provision of this article, or of any agreement entered into with the city related to the permit; or

(b) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this article; or

(c) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the city’s right-of-way; or

(d) The encroachment is causing the city to incur substantial additional maintenance costs; or

(e) Material misrepresentations were made in the application for the permit. (Ord. No. 2001-1, § II, 1-2-01)

20.112 Hearing on suspension or revocation of permit.

The city administrator shall provide a hearing on the suspension or revocation of a permit issued pursuant to this article. The city administrator shall hold a hearing on the suspension or revocation pursuant to the city’s municipal administrative hearing policy as that policy has been duly adopted by the city council by ordinance if an ordinance has been adopted, or by resolution. (Ord. No. 2001-1, § II, 1-2-01)

20.113 Civil penalties and attorneys’ fees.

Any person who violates any provision of this article, or of any provisions of any permit issued pursuant to this article, shall be civilly liable to city in the sum not to exceed one thousand dollars ($1,000.00) for each day in which such violation occurs. The city may petition the superior court to impose, assess and collect such sums pursuant to this article. The court, in any action brought by the city either for civil penalties, pursuant to this section, or for abatement of any encroachment which is a public nuisance, shall award to the city its reasonable costs and attorneys fees in bringing such action. (Ord. No. 2001-1, § II, 1-2-01)

20.114 Remedies cumulative.

The remedies provided for in this article shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city. (Ord. No. 2001-1, § II, 1-2-01)

ARTICLE X. MAINTENANCE AND REPAIR OF PUBLIC USE EASEMENT AREA

20.115 Maintenance and repair of public use easement area.

(a) The maintenance and repair of public use easement areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this article and the procedure provided in the Streets and Highways Code section 5600 et seq. as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of the Streets and Highways Code section 5600 et seq. and this article, the provisions of this article shall control. For purposes of state law, the city engineer shall be the superintendent of streets and highways.

(b) The owners of lots or portions of lots subject to a public use easement area, and persons in possession of such lots by virtue of any permit or right (“property owners”) shall repair and maintain such public use easement areas and pay the costs and expenses therefor, including a charge for the city’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair, and including the costs of collection of assessments for the costs of maintenance and repair under subsection (a), above, of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. The property owners shall have the primary and exclusive duty to perform such repairs and maintenance, whether or not the city has notified the property owners of the need for such repairs or maintenance or has performed similar maintenance or repairs in the past.

(c) For the purposes of this article, the definition of “public use easement area” shall mean the area between the public road right-of-way property line and the public use easement line, and includes, but is not limited to, sidewalks, street trees, planting strips, and any curbing, swales, berms, retaining walls or soundwalls, or other works for the protection of any sidewalk, or planting strip.

(d) For the purposes of this article, maintenance and repair of public use easement area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of public sidewalks, repair and maintenance of curb, gutters and hardscape, removal and filling or replacement of planting strips, removal of weeds and debris, removal or replacement of diseased, damaged or dead trees, tree trimming, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the public use easement area, so that the public use easement area will remain in a condition that is not dangerous to property or to persons using the public use easement area in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said public use easement area area.

(e) Notwithstanding the provisions of section 5614 of the Streets and Highways Code, the city engineer or his or her designee may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of public use easement areas must commence by a period of not to exceed ninety (90) days from the time the notice referred to in said section 5614 is given.

(f) No improvements, repairs or maintenance within the public use easement area shall be installed or performed, including the planting or removal of trees, without obtaining a permit from the city. (Ord. No. 2006-06, § I, 2-27-06)

20.116 Liability for injuries to public.

The property owner required by section 20.115 to maintain and repair the public use easement area shall owe a duty to members of the public to keep and maintain the public use easement area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the public use easement area in a non-dangerous condition as required by section 20.115, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. No. 2006-06, § I, 2-27-06)

20.117 Alternative procedure.

This article constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this chapter shall apply to proceedings instituted hereunder. (Ord. No. 2006-06, § I, 2-27-06)

20.118 Policies and guidelines.

The city council may by resolution adopt policies and guidelines concerning the public rights-of-ways and public use easements. (Ord. No. 2006-06, § I, 2-27-06)


1

State law referencesAuthority of city to establish, lay out, alter, etc., streets and sidewalks, etc., Gov. C., § 40401.

    Cross referencesDepositing garbage, refuse, etc., on streets, alleys and other public places, § 12.5; highways, streets and alleys in subdivisions, §§ 21.9—21.36-2; trees planted along streets, Ch. 26.


2

Editor’s note: Ord. No. 2001-1, § I, adopted Jan. 2, 2001, repealed former Arts. II and III in their entirety. Former Art. II, §§ 20-8—20.12, pertained to the laying of or repairing of pipes, conduits or railroad tracks and derived from the Code of 1900 and Ord. No. 76-5, § 2, adopted March 1, 1976.

    Former Art. III, §§ 20.13—20.20, 20.22, pertained to the installation of curbs, gutters and sidewalks and derived from Ord. No. 474, §§ 1—4, 6—8; Ord. No. 532, § 1; Ord. No. 86-19, § 65, 10-6-86.


3

Cross referencesBuilding regulations, Ch. 6.