Chapter 1. Encroachments
Article 1. General Provisions
Sec. 7-1.101 Definitions.
For the purposes of this Chapter, certain words and phrases used herein are defined as follows:
(a) “Encroach” or “encroachment” shall mean going over, upon or under or using any right-of-way or water course in such a manner as to prevent, obstruct or interfere with its normal use, including the performance thereon of any of the following acts:
(1) Excavating, filling or disturbing the right-of-way or water course;
(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire or other structure on, over or under a right-of-way or water course;
(3) Planting any tree, shrub, grass or other growing thing within a right-of-way or water course;
(4) Placing or leaving on a right-of-way or water course any rubbish, brush, earth or other material of any nature whatsoever;
(5) Constructing, placing or maintaining on, over, under or within the right-of-way any pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, any pipe, conduit wire, or cable;
(6) Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;
(7) Lighting or building a fire; and
(8) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right-of-way or water course which causes or will cause an encroachment.
(b) “Permittee” shall mean any person, firm, corporation or public district which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the Director of Public Works.
(c) “Private contract” shall mean a contract between two (2) or more parties for the installation, construction, revision, operation or creation of an encroachment to which contract the City is not a party.
(d) “Public agency” shall mean any city, county, public corporation or public district established through due process of law.
(e) “Public street” shall mean any street which is:
(1) Laid out or constructed as such by the City;
(2) Laid out or constructed by others and dedicated or abandoned to or acquired by the City;
(3) Made a City street as part of the subdivision of real property pursuant to the conditions of Chapter 2 of Title 10 of this Code; or
(4) Made a City street pursuant to law.
(f) “Public utility” shall mean private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street.
This Chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of the State, and in the event of any conflict, the Public Utilities Commission rules shall govern.
(g) “Right-of-way” shall mean land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley or pedestrian walkway purposes.
(h) “Water course” shall mean a channel for the carrying of storm water, including both natural and artificial water courses.
Sec. 7-1.102 Exemptions.
The provisions of this Chapter shall not apply to officers or employees of the City acting in the discharge of their official duties, or to any work being performed by any person pursuant to a contract with the City. (Ord. 498 § 3 (part), 2016)
Sec. 7-1.103 Restrictions of Use.
All permits granted subject to this Chapter shall be subject to the right of the City and any person entitled thereto to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time.
Sec. 7-1.104 Permit Required.
No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way or water course, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way or water course, or make or cause to be made any alteration of any nature within, upon, over or under such right-of-way or water course, or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such right-of-way any pipe line, conduit or other fixture, or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or water course without having first obtained a permit as required by this Chapter.
Sec. 7-1.105 Prohibited Encroachments.
The following encroachments are hereby specifically prohibited, and no applications shall be accepted nor permits issued therefor:
(a) Construction or maintenance of a loading dock on or in a public right-of-way;
(b) Erection or maintenance of a post pole, column or structure for the support of advertising signs;
(c) Installation or maintenance of underground tanks, vaults or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies;
(d) Erection, installation or maintenance of posts, poles or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;
(e) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades or flashers required for protection of the public during construction operations;
(f) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other thing which would constrict and reduce the capacity of any water course to carry storm water; and
(g) Trenching or excavation in any street that has been constructed or resurfaced within a five (5) year period prior, except when the Public Works Director, in his or her discretion, grants a waiver subject to additional permit conditions that mitigate the impacts of the street cut. (Ord. 498 § 3 (part), 2016)
Sec. 7-1.106 Emergency Work.
The provisions of this Chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavations as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the City are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one working day after the offices of the City are again opened. Any person requiring an emergency use or encroachment shall first notify the Director of Public Works. During hours City offices are closed, notification shall be given to the City through its listed telephone number.
Sec. 7-1.107 Appeals.
Should the applicant consider the terms required by the Director of Public Works, acting under the requirements of this Chapter, to be unreasonable, the applicant may appeal to the Council. Upon such appeal, the Council shall fix the terms and conditions upon which the permit shall be issued, based upon the following:
(a) That the applicant will be substantially damaged by the refusal to grant the permit as requested;
(b) That no reasonable method of obtaining the desired result is available except as proposed by the applicant; and
(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.
Article 2. Permits, Fees and Bonds
Sec. 7-1.201 Issuing Authority.
The written permits required by this Chapter shall be issued by the Public Works Department, subject to the provisions of this Chapter and other applicable laws.
Sec. 7-1.202 Application.
The Director of Public Works shall prescribe and provide a regular form of application for the use of applicants for permits required by this Chapter. The application shall show such information and detail as the Director of Public Works may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.
Sec. 7-1.203 Exhibits.
When required by the Director of Public Works, the application shall be accompanied by maps, sketches, diagrams or similar exhibits to the size and in the quantity as the Director of Public Works may prescribe, sufficient to clearly illustrate the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or water course.
Sec. 7-1.204 Consent of Public Agencies.
The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued unless such order or consent is first obtained and evidence thereof is filed with the Director of Public Works. The permittee shall keep himself adequately informed of all State and Federal laws and City laws and regulations which in any manner affect the permit. The applicant shall at all times comply with, and cause all his agents and employees to comply with, all such laws, regulations, decisions, court and other similar authoritative orders.
Sec. 7-1.205 Action on Application.
Applications may be approved, conditionally approved, or denied. When the Director of Public Works finds that the application is in accordance with the requirements of this Chapter, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Director of Public Works finds the application is in conflict with the provisions of this Chapter, he shall deny the permit, giving in writing the reasons for such denial.
Sec. 7-1.206 Permit Form and Validity.
Permits shall be written on a form prescribed by the Director of Public Works. No permit shall be valid unless signed by the Director of Public Works or his authorized representative.
Sec. 7-1.207 Permit Term: Commencement of Work.
The permittee shall begin the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from the date of issuance unless a different period is stated in the permit. If the work or use is not begun accordingly, the permit shall become void.
Sec. 7-1.208 Permit Term: Continuing Use.
A permit for a temporary encroachment as determined by the Director of Public Works, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one (1) year from the date of issuance unless the permit specifies otherwise or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the Director of Public Works mailed thirty (30) days prior to the date of termination.
Sec. 7-1.209 Permit Term: Completion of Work.
The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within the time specified in the permit. If at any time the Director of Public Works finds that the delay in the prosecution or completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right of way or water course to its former condition. The permittee shall reimburse the City for all expenses incurred by the City in restoring the right of way or water course.
Sec. 7-1.210 Display of Permit.
The permittee shall keep any permit issued pursuant to this Chapter at the site of the work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit shall be shown to any authorized representative of the Director of Public Works or law enforcement officer on demand.
A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity but shall be made available to an authorized representative of the Director of Public Works or law enforcement officer within a reasonable time after demand therefor is made.
Sec. 7-1.211 Non-assignment of Permit.
Permits shall be issued only to the person making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.
Sec. 7-1.212 Changes in Permit and Work.
No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the Director of Public Works; provided, however, the location of underground pipes or conduits smaller than six (6") inches in diameter shall be exempt from this requirement. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes therein or thereto when such changes or additions require no excavation of the right of way.
Sec. 7-1.213 Fees.
The schedule of fees shall be those recommended by the Director of Public Works and established and adopted by the Council from time to time by resolution. Before a permit shall be issued, the applicant shall deposit with the City cash or a check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fees for necessary inspections, all in accordance with the schedule established and adopted by the Council.
When work for which a permit is required is started or proceeded with prior to obtaining such permit, the fees specified shall be doubled.
Public utilities and public agencies may, at the option of the Director of Public Works, make payment for the charges billed by the City instead of by advance deposit as required by this section.
Sec. 7-1.214 Effect of Acceptance.
Acceptance by the applicant of the permit granted shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right of other determination thereof.
Sec. 7-1.215 Cash Deposits.
Unless the provisions of this section are waived in the permit, and before a permit is effective, the permittee shall deposit with the Public Works Department cash or a certified or cashier’s check in a sum to be fixed by the Director of Public Works as sufficient to reimburse the City for costs of restoring the right of way or water course to its former condition, based on the schedule adopted by resolution of the Council; provided, however, the permittee may file a cash deposit on an annual basis in a sum estimated by the Director of Public Works as sufficient to cover his activities during any twelve (12) month period.
Sec. 7-1.216 Bond in Lieu of Cash Deposit.
In lieu of the cash deposit prescribed by Section 7-1.215 of this Article the permittee may, upon approval by the Director of Public Works, file a cash deposit in the minimum sum established by the schedule adopted by the Council and in effect at the time of application for a permit, and the balance of the sum fixed by the Director of Public Works as sufficient to reimburse the City for expenses incurred in restoring the right of way or water course to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State.
Sec. 7-1.217 Bond Payable to City.
Any bond or cash deposit required by the Director of Public Works pursuant to this Chapter shall be filed with the Public Works Department and shall be payable to the City. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit shall be released upon the expiration of ninety (90) days from the date of completion.
Sec. 7-1.218 Exclusions.
Cash deposits or bonds shall not be required of any public utility or 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.
Sec. 7-1.219 Liability.
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 the permittee under permit or proximately caused by failure on the permit-tee’s part to perform his obligations under such permit in respect to maintenance. If any claim of such liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them harmless from such claim insofar as permitted by law.
Article 3. Performance of Work
Sec. 7-1.301 Public Safety.
The permittee, in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued pursuant to this Chapter, shall provide, erect and/or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public. Any omission on the part of the Director of Public Works to specify in the permit what lights, barriers or other protective measures or devices shall be provided, erected or maintained by the permittee, or the fact that the Director of Public Works or his representative may not specify sufficient lights, barriers or other protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If at any time the Director of Public Works finds that suitable safeguards are not being provided, the City may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary, or may cancel the permit and restore the right of way to its former condition, all at the expense of the permittee.
A permittee making any excavation, or erecting or leaving any obstruction within, under or upon the right of way, or causing the same to be made, erected or left, shall place and maintain lights at each end of the excavation or obstruction at not more than fifty (50) foot intervals along the excavation of obstruction from one-half (1/2) hour before sunset of each day to one-half (1/2) hour after sunrise of the next day until the excavation is entirely refilled or the obstruction is removed and the right of way is made safe for use. Reflectorized warning signs conforming to the requirements of the Division of Highways of the State shall be placed 100 feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic, and on major streets additional similar signs shall be placed 400 feet in advance of construction.
The warning signs, lights and other safety devices shall conform to and be placed as required by the applicable requirements of the Vehicle Code of the State and to any sign manual used by the Department of Public Works of the State, and to the standard specifications of the City.
Unless specifically permitted by the Director of Public Works, open trenches in excess of 300 feet in advance of the pipe line operation shall not be permitted. In no case shall there be more than 500 feet of open trench at any one time.
Sec. 7-1.302 Maintaining Traffic.
The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the Director of Public Works, the permittee shall not:
(a) Obstruct more than one-half (1/2) the area used by vehicles;
(b) Obstruct a driveway approach on a developed property except that, under unusual circumstances and with forewarning to the occupant of the affected property, a driveway approach may be obstructed for a limited period of time provided the permittee’s construction personnel are present within 400 feet of the obstructed driveway; or
(c) Obstruct the area between the curb (or the shoulder if there is no curb) and the right of way line in such a way as to create a hazardous path for pedestrians.
The use of flagmen shall be mandatory when either the two (2) way vehicular traffic has less than twenty (20) feet in which to pass or when vehicular traffic must pass to the left of the dividing islands in passing the site of the encroachment. The permittee may be required to remove excavated material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.
Sec. 7-1.303 Temporary Street Closure.
When the temporary closure of a public street to pedestrian and/or vehicular traffic is requested by the permittee, the permit shall be applied for at least two (2) weeks in advance of the date of requested closure. The Director of Public Works shall determine the effect of the requested closure and, if satisfied as to adequate, available and alternate detour routes, may issue a permit, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the City. When emergency situations arise due to unforeseen circumstances or other causes, the two (2) week period may be waived.
Sec. 7-1.304 Beginning of Work.
Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in a water course or traveled way, the permittee shall notify the Director of Public Works.
Sec. 7-1.305 Care of Drainage.
If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the Director of Public Works.
Sec. 7-1.306 Maintenance of Encroachments.
After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year, after the completion of the work, the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee shall agree to comply with such requirements. The permittee shall, upon notice from the Director of Public Works, immediately repair any injury, damage or nuisance, in any portion of the right of way or water course resulting from the work done under the permit. In the event the permittee shall fail 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 or can respond to the notifications, the City may, at its option, make the necessary repairs or replacement or perform the necessary work, and the permittee shall be charged with all the expenses incurred in the performance of the work.
Sec. 7-1.307 Relocation or Removal of Encroachments.
When any authorized encroachment is found to be in conflict with existing or proposed facilities or improvements owned, maintained or operated by the City, such encroachment shall, upon written demand of the Director of Public Works, be altered, relocated, shored up, supported, protected or removed in such a way as to eliminate the conflict, such work to be at the sole expense of the permittee. Should the permittee fail to comply with such written demand within a reasonable period of time, the City may cause such relocation of the encroachment at the expense of the permittee; provided, however, the provisions of this section shall become inoperative when any right of way shall become a freeway and thus cease to be used for the usual street purposes; and provided, further, that the provisions of this section shall not apply to any public utility possessing a franchise from the City which franchise, either by express provision or by statute, imposes a relocation obligation upon such public utility.
Sec. 7-1.308 Standards and Specifications.
The Director of Public Works shall establish such standards and specifications as he may deem necessary for the proper construction, use and maintenance of encroachments. Any work or use done under such permit issued under the provisions of this Chapter shall conform to such standards and specifications.
Sec. 7-1.309 Storage of Materials.
Unless otherwise approved by the Director of Public Works, no material shall be stored within the traveled way or on any sidewalk so as to impair the free, safe and orderly movement of pedestrian and vehicular traffic. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way or shoulder as the trench is backfilled or other work is carried forward.
Sec. 7-1.310 Poles and Transmission Line Carriers.
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.
No guy wires shall be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground 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 shall be backfilled and compacted. When such pole, brace, stub or similar timber was located in an area paved with concrete, asphalt or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the Director of Public Works.
The permittee shall remove and keep clear all vegetation on the right of way from within a radius of at least five (5) feet of poles when ordered by the Director of Public Works.
Poles shall be located at dividing lines of properties abutting the street insofar as practical. When poles are to be located in sidewalks, they shall be placed so that the edge nearest the street shall not be less than eight (8) inches nor more than ten (10) inches from the street face of the curb. When sufficient right of way is available and when directed by the Director of Public Works, poles shall be placed to the rear of sidewalks. In locations where there are no curbs, poles shall be placed at least eight (8) feet from the edge of existing pavements unless such requirement is waived by the Director of Public Works.
Sec. 7-1.311 Cutting Exposed Concrete Pavement.
Any cuts made in exposed concrete sidewalks, curbs, gutters, driveways or paving shall be defined by a saw cut to a depth of not less than one-sixth (1/6) the thickness of such concrete to a maximum of one-half (1/2) inch. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the Director of Public Works. Cuts in asphalt paving shall be kept as straight and uniform as practicable. The Director of Public Works may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration.
Sec. 7-1.312 Aids to Visibility.
When location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Director of Public Works 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 Department of Public Works of the State at the expense of the permittee.
Sec. 7-1.313 Movement of Vehicles and Objects.
Before a vehicle, or combination of vehicles, or object of weight, dimension or characteristic prohibited by law without a permit, as set forth in Sections 35000 through 35552 of the Vehicle Code of the State, is moved on any public right of way, a permit to do so shall first be granted by the Director of Public Works, or as otherwise required by him.
Construction sheds, the width of which is not in excess of 120 inches, shall be considered as construction equipment in accordance with Section 35104(b) of the Vehicle Code of the State; provided, however, the permittee has complied with all other requirements set forth in said code.
The provisions of this Chapter shall not apply to the movement of buildings over City streets.
When authorized by a permit issued pursuant to this Chapter to move a vehicle, or combination of vehicles, or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general laws regulating traffic over a public street, including posted signs or notices which limit speed or direction of travel, weight which may be placed upon a structure, the width or height which may be moved thereon or thereover, or which otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practices and procedures necessary to make safe and convenient the travel of the general public, and to keep safe and serve the public highway over and on which movement is being made. Any violation of this Section shall cancel the permit issued to the permittee and subject the permittee to such penalties as may be invoked under this Code.
Prior to commencing any move for which a permit is granted pursuant to this Chapter and Article, the permittee shall give at least forty-eight (48) hours written notice to all police and fire department authorities having jurisdiction.
Sec. 7-1.314 Hedges, Fences and Shrubbery.
(a) Planting or Erection. No hedge, fence, tree, shrub or similar structure shall be planted, erected or maintained in a water course or right of way without a permit.
No hedge, shrub or other planting whatever, fence or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature shall be permitted or maintained which impedes, obstructs or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic. Trees extending over the traveled way must maintain a height over the traveled way of at least eighteen (18) feet.
(b) Maintenance. The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this Chapter, the Director of Public Works may direct the permittee or property owner to remove the encroachment and restore the right of way or water course to its former condition at the expense of the permittee or property owner.
(c) Lawns. Notwithstanding anything contained in this Article to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other laws, within the right-of-way of a public street without a written permit; provided, however, the lawn shall not extend into the traveled way of the public streets.
Sec. 7-1.315 Irrigation Systems.
No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street or sidewalk areas.
Sec. 7-1.316 Monuments.
Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or serving the lines and/or elevation of any public street or right of way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the Director of Public Works.
Sec. 7-1.317 Maps.
Each permittee installing, constructing or maintaining underground facilities, such as pipes, wires, conduits or similar structures, shall maintain accurate and complete maps of such facilities. The Director of Public Works shall be furnished, free of charge, information regarding the location, size and character of such facilities, either by sketches or maps, as may be necessary.
Sec. 7-1.318 Public Service Directional Signs.
Public service directional signs for churches, hospitals and similar places of public use shall not be erected, placed or maintained without first obtaining a permit therefor. The Council may, from time to time, adopt by resolution special regulations and fee schedules pertaining to encroachment by such signs.
Sec. 7-1.319 Marking of Streets, Curbs and Sidewalks.
(a) Curbs—Painting of Curbs.
(1) No person shall paint, stencil, affix or maintain, or cause to be painted, stenciled or affixed, any house or street address number on any curb surface in or adjacent to any public street without first having obtained a permit to do so from the City of Hercules.
(2) No person shall, without first obtaining a permit under this Chapter, solicit on a commercial or donation basis to place, replace or maintain any number, figure, letter, carving, drawing, design or other marking upon any street or curb surface in or adjacent to any public street.
(b) Permit Requirements.
(1) No permit shall be issued under this Chapter until the applicant therefor shall have complied with all the following requirements:
A. All applications shall be made with the Hercules Community Development Department on forms provided by the City and shall be accompanied by a fee in the amount set by resolution of the Hercules City Council. The amount of said fee may be modified by the City from time to time by the adoption of a resolution.
B. All successful applicants shall post and maintain with the City a performance bond with the City Clerk in the amount of Five Hundred Dollars ($500). Such bond shall be executed to the satisfaction of the City and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City, shall be executed by a reliable surety company authorized to do business in California and satisfactory to the City and shall guarantee compliance with the provisions of this Section and all rules and regulations adopted by the City.
C. Permits under this Section may be issued only to nonprofit organizations which have been organized for a minimum of one (1) year and have been recognized by the City for a period of one (1) year continuously preceding application for a permit.
(c) Permit Conditions.
(1) Activities that are authorized by a permit duly issued pursuant to this Section shall comply with all of the following in addition to any conditions that the Hercules Director of Community Development or the Hercules City Manager may impose on any such permit:
A. The Hercules Director of Community Development shall be contacted prior to commencing and immediately upon completion of each day of work.
B. The Director of Community Development or his/her designee shall divide the city into project areas to be painted by the approved non-profit organizations. The number of project areas will be determined by the number of non-profit organizations that apply for permits to paint curb numbers.
C. No work authorized by any permit duly issued pursuant to this Section shall be conducted between the hours beginning one-half (1/2) hour after sunset and ending one- half hour before sunrise.
D. Street numbers may be painted only upon the vertical face of the curb abutting the residence. Numbers shall be block numbers and shall be three (3) inches in height with a stroke width of not less than one-half (1 /2) inch. The numbers shall be black and shall be painted on a white background. The background shall be of sufficient dimensions to provide a one-inch margin around all figures. When numbers are being painted on curbs that had numbers previously painted on them, the previously painted numbers shall be painted over such that each structure for which a house or street address number is painted shall have only one set of legible numbers painted on its abutting curb.
E. All paint used for painting of street numbers on curbs shall be of good quality and shall conform to or be equal to City specifications for traffic paint.
F. All numbers in the tract or area to be painted shall be painted, including those for which no donations are received.
G. Upon the approval of the Director of Community Development that the work has been done in a satisfactory manner, organizations that have painted house numbers on the curbs shall be paid the sum of Three Dollars ($3) for each curb number painted.
H. Under no circumstances shall the City, its officers, agents or employees be responsible for: (a) maintenance or replacement of street numbers painted on curbs; (b) for any work done by any permitted under the provisions of this Section; or (c) for any employee, agent or independent contractor of the City who paints over, obliterates or removes any house or street address number upon any curb in the course of establishing any official traffic control or street identification sign, or in the process of repair or replacement of any streets or curbs.
I. The permittee shall at all times keep a copy of the issued permit upon his or her person and available for inspection at all times while performing such work. No person shall represent in any way to the owner or occupant of the premises in question or to anyone that the painting of numbers upon curbs or elsewhere is required by law, rule or regulation.
J. All permits issued under the provisions of this Section may be revoked or suspended by the Hercules Director of Community Development or the Hercules City Manager upon the permittee’s violation or failure to comply with the provisions of this Section, of any permit issued to him or her or any rules or regulations adopted pursuant hereto. Unless otherwise revoked, every permit issued pursuant to this Section shall expire on the first 31st day of December following the date upon which the permit was issued.
K. The City may adopt by resolution such reasonable rules and regulations in furtherance of the provisions of this Section as the City determines are necessary, including but not limited to rules regarding the work to be performed and the method and manner of the solicitation for such work.
L. Painting shall only be on curbs located on open public streets and not on private streets or gated public streets.
M. The permittee shall provide a minimum liability/property damage insurance policy of Twenty-Five Thousand Dollars ($25,000) with the City of Hercules named as an additional insured.
(d) Permit Exceptions.
(1) Any person painting, stenciling or affixing a house or street address upon a curb abutting his or her own property shall not be required to obtain a permit or pay a fee pursuant to this Section, but shall otherwise comply with the terms and conditions of this Section and any rules and regulations adopted pursuant hereto.
(2) Any person painting temporary markings for the purpose of identifying survey or construction locations, marking of underground facilities in connection with construction or maintenance work or official traffic markings shall not be required to obtain a permit or pay a fee pursuant to this Section, but shall otherwise comply with the terms and conditions of this Section and any rules and regulations adopted pursuant hereto. (Ord. 392 § 1, 2004)
Sec. 7-1.320 Special Events.
For the purposes of this Section “special events shall include parades, street dances, promotional events and/or displays, and any other celebrations or occasions proposed to be conducted in the street right of way.
The permittee shall submit his application for a permit at least two (2) weeks prior to the next regular meeting of the Council in advance of the proposed date of the event, with maps indicating the location of such event and with such other information as the Director of Public Works may require. If the application is for a parade, the permittee shall indicate on a map the point of beginning the route to be taken, and the point of disbanding.
Unless waived in the permit, the permittee shall pay all fees and expenses incurred by the City in providing police and traffic control, cleanup and all other costs involved, including any damages to public property.
Insurance in an amount to be established by the Director of Public Works shall be provided. In lieu of actual delivery of such policies, a certificate issued by the insurance carrier, showing such policies to be in force for the period covered by the permit, shall be delivered to the City at the time of issuing the permit.
Sec. 7-1.321 Signs, Pennants and Banners.
Temporary signs, pennants and banners of a civic, charitable, educational, municipal or religious nature to be placed on or over public streets shall be subject to the provisions of this Code and all applicable provisions of this Chapter. Signs in this category shall not be erected and maintained for a period in excess of forty-five (45) days. Banners suspended over public streets shall have a vertical clearance of eighteen (18) feet and shall not be attached in any manner to utility poles, traffic signal standards or electrolier standards.
Costs involved in emergency work and repairs to such banners, flags and/or decorations shall be paid by the permittee.
Signs, pennants and banners advertising the sale of merchandise and promoting political campaigns, including, but not limited to, placards, posters and announcements except legal advertisements, shall be prohibited on or over street rights of way and on utility poles. Should these be placed on utility poles it shall be the sole responsibility of the advertised politician, or political group, or advertiser to promptly remove all traces of said sign or poster.
A permit shall not be required for the display of the flag of the United States or the flag of the State.
Sec. 7-1.322 Replacement of Curb and Sidewalk at Abandoned Driveways.
(a) As used in this Section the following terms are defined as follows:
(1) “Driveway” means a paved or unpaved portion of a public street providing an unobstructed passage from the roadway to an off-street area used for driving, servicing, parking, or otherwise accommodating motor vehicles.
(2) “Abandoned driveway” means any driveway within the public street right of way for which there does not appear to be an immediate reasonable use, or where the use or condition of the abutting property has so changed that a driveway previously as defined no longer exists.
(b) Any driveway which has been abandoned, as defined, shall be removed or reconstructed within sixty (60) days of such abandonment by the abutting property owner so as to conform to City standard specifications for sidewalks, curbs and gutters.
(c) If the abutting property owner fails to perform within the specified time, the City shall undertake the removal of said driveway and replace the same with standard curb, gutter and sidewalk.
7-1.323 Installation of City Communications Infrastructure.
(a) In recognition of the need to provide local residents and businesses within the community with the infrastructure required to meet current and future telecommunications needs, all subsurface construction activities in the City right-of-way will include provisions for the installation of telecommunications cable, conduit, and other related equipment wherever practical and feasible. Where appropriate, telecommunications infrastructure shall be installed in or adjacent to City rights-of-way in conformance with current city standards. City staff will work with contractors to identify the most cost-effective approach consistent with City requirements. All installations shall conform to the size, shape, location, and other specifications as determined by the Director of Public Works.
(b) Need for City Communications Infrastructure. The Public Works Director shall consider adding City communications infrastructure to any permit issued for an excavation project under this chapter to create more efficient delivery of communications services to the public and for the City’s needs.
(c) Response to Notice. Upon receipt of a notice issued pursuant to the Public Works Director’s communications infrastructure requirements that a utility or municipal excavator intends to apply for an excavation permit, the Public Works Director shall determine whether it is both financially feasible and consistent with the City’s long-term goals to add City communications infrastructure to the proposed excavation project.
(1) If the determination is affirmative, the presumption will be that the Public Works Director will cause the City to participate in the excavation project by requiring the excavator to install City communications infrastructure, or in the alternative, requiring the excavator to allow the City’s own contractor to install City communications infrastructure.
(2) If the determination is negative, the Public Works Director shall notify the applicant within the time provided by the Director’s communications infrastructure requirements that the Public Works Director does not intend to participate in the excavation project.
(d) Denial of Application. The Public Works Director shall deny an application for a permit if the Director determines that the applicant has failed to comply with the City’s communications infrastructure requirements.
(e) Applicant’s Incremental Costs. The City of Hercules shall be responsible for the applicant’s incremental costs when the Department participates in an excavation project by causing the installation of City communications infrastructure.
(f) Exception. The requirements of this Section shall not apply to an application for an emergency permit under Section 7-1.106.
(g) Adoption of Communications Infrastructure Requirements. The Public Works Director shall develop and implement the Director’s communications infrastructure requirements within sixty (60) days of final adoption of the ordinance codified in this Section, which shall be updated from time to time as necessary.
(h) Purpose of Requirements. The Director’s communications infrastructure requirements shall specify the manner in which the Director will authorize City participation in excavation projects by causing the installation of communications infrastructure that meets the City’s needs at a reasonable cost.
(i) Minimum Requirements. At a minimum, the Director’s technology requirements shall contain the following procedural and substantive requirements for the installation of communications infrastructure in excavation projects:
(1) The process for the Director to review planned excavation projects in a timely manner to determine if City participation is feasible and to verify its participation by informing the applicant within seven (7) days of receiving notice;
(2) The criteria to be used by the Director to decide whether to decline to participate in excavation projects;
(3) The standard technical specifications for City communications infrastructure;
(4) The standard methodology for determining the incremental costs associated with installing City communications infrastructure in excavation projects;
(5) The requirements and process for excavators to seek exemptions from using the City’s standard methodology for determining incremental costs when installing standard City communications infrastructure in excavation projects; and
(6) Alternative methodologies for determining the City’s incremental costs when exemptions are granted.
(j) Exemptions.
(1) The City Manager may exempt projects from the requirements of this Chapter where compliance is found to be not practical or feasible, either on the Director’s own initiative, or pursuant to a request for exemption. Requests for an exemption shall be in writing, and the City Manager’s decision shall be final.
(2) An exemption application shall include all information necessary for the City Manager to make a decision, including but not limited to documentation showing factual support for the requested exemption.
(3) The City Manager may approve the exemption application in whole or in part, with or without conditions.
(k) Reporting Requirements. The Public Works Director shall file annual reports with the City Council regarding the number of excavation permits issued by the Director for projects meeting the criteria for technology participation set forth in this Chapter, the locations of the excavations identified in the excavation projects, the identities of the applicants for the excavation permits, whether the Director opted to participate in the excavation projects by installing communications infrastructure, the City’s costs to participate in the excavation projects by installing City communications infrastructure, and the status of the installation of City communications infrastructure in the excavation projects. (Ord. 502, 2017)