Chapter 7.05 STREETS AND SIDEWALKS

For state law as to authority of city relative to streets, sidewalks and other public places, see Gov. C. § 40401. As to numbering of buildings, see SLTCC 6.15.210 et seq. As to special gas tax street improvement fund, see SLTCC 3.05.070 et seq.

Article I. In General

7.05.010 Pedestrian use of crosswalks.

No pedestrian shall cross Highway 50/Lake Tahoe Boulevard within the city of South Lake Tahoe between its intersection with State Highway 89 and the California-Nevada state line at any point other than within a properly marked crosswalk. (Ord. 71 § 1; Ord. 630 § 1; Ord. 687 § 1; Ord. 670 § 1. Code 1997 § 26-1)

7.05.020 Sledding, skiing, etc.

No person shall propel him or herself, or any other person, along any city street or roadway by means of a sled, skis, snowshoes, ice skates, or any other winter sports device.

The provisions of this section shall not apply where:

A. The city council has by resolution ordered a section of a city street or roadway closed for winter sports activities.

B. In any bona fide emergency where conditions are such that motor vehicles cannot be operated upon the street or roadway.

All persons engaged in the business or renting sleds, skis, snowshoes, ice skates, or any other winter sports devices shall prominently display a copy of this chapter and a sign designating the area where such winter sports activities may be carried on within the city. (Ord. 21 § 2; Ord. 630 § 1; Ord. 687 § 1. Code 1997 § 26-2)

7.05.030 Use of roller skates, skateboards, etc.

No person upon roller skates or riding upon a skateboard, coaster, or similar device shall use any street or roadway in the city. (Ord. 21 § 2; Ord. 630 § 1; Ord. 687 § 1. Code 1997 § 26-3)

7.05.040 Conduct of commercial activity on public property.

No person or business entity shall conduct any sale of goods, wares, merchandise, services or property on any public street, sidewalk, or right-of-way except as provided by this section and Chapter 4.36 SLTCC.

Further, sale of goods, wares, merchandise, services or property is prohibited on public property when conducted from a motor vehicle; provided, however, that this section shall not apply to the sale of transportation services such as the use of buses, taxis and like vehicles where otherwise lawfully operated.

The term “sale” as used in this chapter shall include solicitations for commercial transactions, as well as actual exchange of consideration pursuant to any such transaction; provided, however, that nothing in this definition shall be construed to prohibit or impede any right or activity which may be judicially determined to constitute protected activity under the Constitution of the United States or the state of California.

Except as provided in Chapter 4.36 SLTCC, the zoning administrator may issue a permit under Chapter 6.55 SLTCC for the sale of goods, wares, merchandise, or property after first making the findings required by that chapter based upon substantial evidence and in addition making the following specific determinations:

A. The applicant will enter into a lease agreement with the city providing a rent for use of the public property desired based upon the gross receipts to be derived from the business which the applicant seeks to conduct. Such rent shall be not less than two and one-half percent of the gross, nor more than 10 percent of the gross. The minimum rent chargeable under the lease shall be $2,400 per annum, payable in advance. The lease term shall be identical to the expiration of the permit. Gross receipts shall be reported to the finance department upon forms provided by the city to the lessee for the purpose annually.

B. The use will allow at least two pedestrians to walk abreast at all times on any sidewalk or right-of-way without interference from the permitted use.

C. The use will provide vehicle parking for all employees and potential customers thereof sufficient to insure that any such vehicles will at no time impede normal pedestrian and vehicular traffic.

D. That the use will not impede or obstruct access by the public to any adjacent or contiguous business premises.

E. The applicant will provide insurance coverage in the minimum amount of $100,000 for property damage and $500,000 for personal injury and general liability, per occurrence. Such insurance shall name the city as an additional insured and shall not be canceled without 30 days’ written notice to the city. In the event of such cancellation the permit shall be automatically revoked, without notice or hearing, subject to reinstatement after the provision of new coverage in an amount satisfactory to city. The applicant shall provide evidence of worker-compensation insurance if required under California law for purposes of the permitted use.

F. The applicant shall agree as a condition of the lease to hold harmless, indemnify, and defend the city from any liability whatsoever arising from the issuance of the permit, any activities of the applicant thereunder, or any activities of the general public undertaken as a result of the permitted use. This indemnity shall include the payment of all reasonable attorney’s fees and costs occurred by the city in defense of any such alleged liability. Nothing herein shall be construed to require indemnification for the intentional torts or active negligence of the city, its agents, officers, or employees with regard to such permit. (Ord. 37 § 5; Ord. 630 § 1; Ord. 704 § 1; Ord. 1153 § 2. Code 1997 § 26-4.1)

7.05.050 Application for abandonments – Fees.

Applications for abandonment of public streets shall be in such form and shall be accompanied by such information as the city council may, by resolution, require. Applications shall not be filed or received until a filing fee of $100.00 has been paid to the city. (Ord. 180 § 1. Code 1997 § 26-5.1)

7.05.060 Operation of transportation services on streets and highways within the city.

No person, corporation, partnership, firm, or other legal or business entity shall operate or allow to be operated on any street or highway within the city of South Lake Tahoe any regularly scheduled transportation service utilizing stops where passengers are to be picked up or discharged on a point basis unless such service is operated pursuant to a contract, lease, or other agreement entered into with and by the city and such service is funded in whole or in substantial part through city, state, or federal grants or other public funds. (Ord. 445 § 1; Ord. 606 § 1; Ord. 701 § 1. Code 1997 § 26-5.3)

Article II. Encroachments

7.05.070 Definitions.

When used in this article, the following words and phrases are defined as follows, unless the context clearly requires a different meaning:

“City street” means any street which is maintained by the city or any right-of-way conveyed to and accepted by the city council by deed, subdivision map, or other instrument of record.

“Contractor” means the permit applicant. “Contractor” shall be liable for all subcontracting in relation to the permit. Utility companies shall be the permit applicant for all utility work and repairs in existing public streets and shall be responsible that all subcontractors are properly licensed and insured.

“Director” means the public works director of the city or his authorized deputy.

“Emergency” means an encroachment performed in order to protect and enhance the public health, safety and welfare where time does not permit an application to be made prior to performance of the work.

“Encroachment” means any thing or action with respect to a city street for which a permit is required by provisions of this article.

“Excavation” means the moving of any earth, rock, paving, concrete or other materials on or under any portion of the right-of-way of a city street or land adjacent thereto.

“Obstruction” means any tower, pole, pole line, pipe, pipe line, fill, fence, billboard, sign, stand or building, or any structure or object of any kind or character not particularly mentioned in the foregoing, which is placed in, under or over any portion of the right-of-way of any city street. No permanent obstruction shall be permitted except for utility facilities placed in conformance with the provisions of this article.

“Public utility or public agency” means a public utility or agency having lawful authority to occupy the streets and which is authorized by law to establish or maintain any works or facilities in, under or over any public street.

“Right-of-way” means all of the area within the boundaries of a street, as defined by the instruments creating or conveying such road, and with respect to city streets, created by use, all of the area used for road purposes, including the roadbed, shoulders, drainage ditches and fixtures, the entire surface of cuts and fills and other road appurtenances.

“Standard specifications” means the currently adopted specifications of the city. (Ord. 260 § 2; Ord. 284 § 1; Ord. 363 § 1. Code 1997 § 26-6)

7.05.080 Exemptions.

The provisions of this article shall not apply to the following:

A. The construction on state highways or city streets pursuant to construction plans which have been approved by the director which construction is to be inspected by the State Division of Highways or its authorized agents.

B. Work done by the city, or by a person doing work pursuant to a contract with the city.

C. Work in new subdivisions performed in conformance with plans approved by the city engineer. (Ord. 260 § 2. Code 1997 § 26-7)

7.05.090 Enforcement of article.

This article shall be enforced by the director who shall cause any encroachment authorized by permit to be inspected at sufficient intervals to insure compliance with the requirements of any permit and this chapter. The contractor shall permit the director access to the work at all times. (Ord. 260 § 2. Code 1997 § 26-8)

7.05.100 Violations declared a nuisance – Abatement procedures.

The violation of any provision of this article shall constitute a public nuisance, subject to abatement in any manner authorized by law, including, but not limited to, summary abatement by the director of public works pursuant to Section 3494 of the Civil Code of the state, abatement by actions authorized by Section 373(a) of the Penal Code of the state, abatement by the procedures set forth in Chapter 4.40 SLTCC and by suit for injunction. The remedies provided by this section are cumulative and shall be in addition to all other remedies or penalties provided by law. (Ord. 270 § 1. Code 1997 § 26-8.1)

7.05.110 Compliance with article.

It shall be unlawful for any person, or any public or municipal corporation or political subdivision to use, open, tear up, break out, or excavate within the right-of-way of any city street for the purpose of installation, maintenance or repair of at grade or underground facilities, or for any other purpose, except in accordance with the provisions of this article. (Ord. 260 § 2. Code 1997 § 26-9)

7.05.120 Encroachments regulated.

It shall be unlawful for any person, without first having obtained an encroachment permit therefor, or in violation of any of the conditions or provisions of any such permit, or in violation of this article, to do any one of the following acts:

A. Excavations. To make any excavation on any portion of the right-of-way of any city street.

B. Obstructions. To place or maintain any temporary obstruction on any portion of the right-of-way of any city street.

C. Access Roads. To establish, revise or maintain any access road across any portion of the right-of-way of any city street.

D. Adjacent Cuts and Fills. To make any cut or fill upon the natural ground surface upon land adjacent to a city street, any part of which measures horizontally less than three times the depth of the cut or fill from the closest right-of-way boundary line of any city street.

E. Oversize and Overloaded Vehicles. To drive any vehicle, or to knowingly permit any vehicle owned by him to be driven, on any city street when the combined weight of the vehicle and its load, or the size of such vehicle or its load, exceed the maximum limits of weight or size fixed by state law for state highways, or exceeds the maximum limits of weight or size for a particular city street by city ordinance.

F. Loading Vehicles. To park any vehicle on or within 10 feet of the center line of any city street for the purpose of loading or unloading livestock, equipment or other commodity.

G. Installation of Utility Poles. Except in cases of emergencies, public utilities shall give two days’ prior written notice to the director of the placement, replacement or relocation of any pole along with a plan indicating the work to be done. Approval of such plan by the director shall constitute a permit. No fee will be required for such a permit.

H. Dumping or Placing of Snow. Dump or place snow on the right-of-way of any street. (Ord. 260 § 2; Ord. 351 § 1. Code 1997 § 26-10)

7.05.130 Permit – Required.

No person, firm or corporation, public or municipal corporation, or political subdivision shall open, tear up, break out or excavate within the right-of-way of any city street for the purpose of installation, maintenance or repair of underground facilities or for any other purpose without having obtained a permit therefor as hereinafter required. (Ord. 260 § 2. Code 1997 § 26-11)

7.05.140 Permit – Application – Fees – Deposits – Issuance.

A. Application. Application for the permit required by SLTCC 7.05.130 shall be made in writing to the director on forms provided by him. The application shall contain the following information:

1. Plans showing work to be done, location, limits of work, location of pavement and replacement types, together with such further information as the director may require.

2. If an emergency street cut, opening or excavation is made, application for a permit shall be made on the next working day.

3. If the street cut, opening or excavation is to be made in a state highway, the application requirements of the highway department of the state shall be fulfilled.

B. Fees.

1. No encroachment permit shall be issued until the permit fee and other deposits, as required, have been paid in accordance with the following schedules:

Permit for excavation	$20.00
Permit for obstruction	$10.00
Permit for access road	$20.00
Other permits	$ 5.00

C. Issuance. After receipt of an application, accompanied by the required fees, the director may issue an encroachment permit therefor upon standard forms prepared by him; provided all of the requirements of this article have been met. It shall be grounds for denial of a permit if the applicant is in violation of this article or any terms or conditions as to any permit previously issued to such applicant.

D. Exception. Except as provided in SLTCC 7.05.310, the provisions of this section shall not apply to a public utility or public agency. (Ord. 260 § 2; Ord. 363 § 2; Ord. 465 § 1. Code 1997 § 26-12)

7.05.150 Permit – Form and conditions – Revocation.

A. Generally. The application when approved and signed by the director or by his authorized representative shall constitute the permit. Permits shall be secured at least two working days before the work is commenced, except in the case of emergencies. Permits shall not be transferable.

The permit shall provide a time limit within which the work shall be completed.

The permit shall be void if the work is not completed within the date specified on permit unless an extension of time for good cause is granted by the director as hereinafter provided.

The contractor shall keep adequate, complete and current maps and records of all underground facilities belonging to the contractor and shall make available such maps and records to the city upon request or shall locate all underground facilities belonging to the contractor promptly upon request.

B. Revocation of Permit. Violation of any of the provisions of this article shall be grounds for immediate revocation of the encroachment permit. The contractor shall have a copy of the permit available on the job site at all times and shall designate a foreman who shall be responsible for the conduct of the work in accordance with the provisions of the permit and this article. (Ord. 260 § 2. Code 1997 § 26-13)

7.05.160 Notice of commencement and prosecution of work.

A. Notice of Commencement of Work. At least two working days before the work is started, the contractor shall give notice of the time of commencement of the work to the director.

B. Prosecution of Work. After the work has begun it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is granted by the director. (Ord. 260 § 2. Code 1997 § 26-14)

7.05.170 General requirements in performance of work.

All work shall be performed in a neat and workmanlike manner in accordance with the standards of the city and any special requirements of the director, and shall be so performed in a manner as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required. Upon written application, streets, driveways or areas may be closed for limited periods where, in the opinion of the director, the public interests can best be served thereby. When required by the director, the contractor shall give notice to the owner or occupant of all property where access will be impaired. The work shall be coordinated with other agencies or persons working in the area to the satisfaction of the director. It is the duty of the contractor to inform himself of the existence and location of all underground facilities and to protect the same against damage. Utility companies shall remain responsible to adjust finished elevations of all manholes, water valves, pull boxes, etc., so that they do not become a hazard to traffic or snow removal equipment. Where the elevation of such structures is altered by maintenance or reconstruction work by the city, the utility company shall be responsible for the readjustment of such structures to the new finished grade. (Ord. 260 § 2. Code 1997 § 26-15)

7.05.180 Safety precautions.

A. Barricades and Warning Signs. During the performance of the work the contractor shall provide and maintain fences, barricades, warning and directional signs, flares, watchmen and flagmen as may be required by existing laws and regulations and as deemed necessary in the opinion of the director or his designated representatives, to insure full and complete safety to the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the director. The contractor shall provide flagmen for any encroachment which results in less than one through lane in each direction of traffic flow where required by the director.

B. Compliance With State Safety Orders and Applicable Laws. The contractor shall obey and enforce all safety orders, rules and regulations of the division of industrial safety of the state applicable to the work and shall comply with all applicable state and local laws, ordinances, codes and regulations and barricade requirements. Electric utilities shall be governed by applicable provisions of General Order 95 and General Order 128 of the Public Utility Commission of the state and subsequent revisions or additions. (Ord. 260 § 2. Code 1997 § 26-16)

7.05.190 Standards – Excavations.

All excavations performed pursuant to the provisions of this article shall comply with the following standards and requirements:

A. All asphalt roadway surfaces shall be neatly cut with a saw cut where required by the director. All other cuts shall be made with pneumatic or electric jack hammer or equivalent.

B. Excavated material shall be stock piled in a manner which will not interfere with traffic or present a hazard. Excavated material not suitable for backfill shall be deposited on private property where such deposit has been approved by the property owner and the director.

C. The provisions of SLTCC 7.05.180 shall be strictly observed. (Ord. 260 § 2. Code 1997 § 26-17)

7.05.200 Standards – Backfill.

All excavations made on city streets shall comply with the following requirements:

A. All excavations shall be backfilled with a granular material having a sand equivalent value of not less than 25 (as determined by Test Method No. 217c of the California Division of Highways) to a relative compaction of not less than 90 percent from the bottom of the excavation to the road surface. With the prior approval of the director endorsed on the encroachment permit, the backfill may be compacted by ponding or jetting of selected fine materials placed in layers not exceeding 18 inches in depth; provided, however, that the quantity of water used and the duration of ponding or jetting shall be as directed by the director. Ponding or jetting will not be permitted under, or within, two feet of the paved area.

B. Care shall be taken at all times to prevent siltation escaping into any watercourses or any portions of Lake Tahoe.

C. The director may cause backfilling to be inspected to determine if all material is properly placed and compacted. Backfill not conforming to the standards of compaction specified above shall be removed and recompacted by the contractor.

D. Surplus materials and debris that are left after completion will be removed by the contractor.

E. A minimum of four inches of Class D, C.T.B., shall be placed as a base course between the backfill and surfacing on improved streets as required by the director.

F. Where an excavation consists of trenching parallel to the centerline of the road, the total length of open trench shall not exceed 200 feet at any time unless otherwise approved in writing by the director.

G. The work shall be done in an expeditious manner as to cause as little inconvenience to the traveling public as possible. Where a convenient detour is not available, and when approved by the director, one lane of traffic may be permitted. At night, and during other periods, when work is not in progress, two 10-foot lanes must be kept open for traffic. In the event a city street is blocked by an unavoidable emergency condition it will be the contractor’s responsibility to notify all emergency vehicle departments of such street closure.

H. In areas where street failures due to trench settlement are prevalent the director may require the following backfill method: After compacting the backfill and base, the asphalt shall be cut six inches beyond actual edge of excavation and all loose or cracked asphalt and base shall be removed. This area shall be excavated to a depth of eight inches and a Class “A” concrete bridge, six inches in thickness, shall be placed over the excavated area. A minimum of two inches of Class “B” asphalt shall then be placed and feathered into existing undisturbed asphalt as the wearing surface. Concrete and asphalt work must be completed within 14 days after backfill. Inspection may be required on all phases of work. (Ord. 260 § 2. Code 1997 § 26-18)

7.05.210 Standards – Surfacing.

Where asphalt surfacing is cut or otherwise disturbed for an excavation it shall be replaced in accordance with the following requirements:

A. After compacting of the backfill and base, the area shall be paved with a minimum of two inches of hot mix asphalt concrete or a greater thickness equal to that of the existing surfacing.

B. During the winter months, the surfacing shall consist of a temporary patch of cold mix asphalt tamped or rolled into place to conform to the existing surface elevation. This will constitute a temporary patch only and all such temporary patch work will be removed when hot mix asphalt concrete is available and will be repaired in the manner prescribed in this article. All such temporary work shall be replaced with permanent surfacing for final inspection within 30 days after the opening date of local asphalt plants in the spring.

C. If requested by the contractor, pavement may be replaced by the city under the direction of the director. Within 30 days after completion of the backfilling operation by the contractor, the city may resurface all excavated areas of any street, walkway or public easement with pavement and surface of the same kind and type as was removed therefrom. The city shall deduct from the deposit made by the contractor as set forth in SLTCC 7.05.140 the cost of repaving and resurfacing, such cost shall be established by the city council from time to time. (Ord. 260 § 2. Code 1997 § 26-19)

7.05.220 Standards – Obstructions.

All obstructions placed on city streets shall comply with the following requirements:

A. No obstruction shall be placed upon or over any city street which changes the route of, or otherwise interferes with, the normal flow of vehicular traffic on such road.

B. No obstructions shall be placed upon or over any city street which would obstruct the view of traffic between any two points on such road within 500 feet of each other.

C. No permanent obstruction shall be placed over any city street. (Ord. 260 § 2. Code 1997 § 26-20)

7.05.230 Standards – Access roads and driveways.

No person owning land abutting a city street shall be refused an encroachment permit for one access road from such city street to his abutting property at a point on the boundary line between the city right-of-way and his abutting property designated in such permit, unless there is no point along such boundary line at which an access road can be constructed to provide access with safety to persons traveling the city street. Any access road which does not meet the requirements of this section shall be deemed unsafe to persons using such access road and to persons traveling the city street.

This article shall not be construed to render unlawful or deprive any person of the use of any access road lawfully established either with or without an encroachment permit, prior to the effective date of the ordinance codified in this article.

Every access road to a city street, authorized by an encroachment permit issued pursuant to this article, shall comply with the following requirements:

A. The maximum grade throughout any portion for access roads shall not exceed five percent measured from the public street flowline perpendicular to a point 20 feet from the property line. Excepting the maximum grade throughout any portion for driveways for single-family and duplexes shall not exceed 10 percent measured from the public street flowline perpendicular to a point 20 feet from the property line.

B. No access road shall be authorized at any point on a city street, unless there is an unobstructed view of the city street for at least 100 feet on both sides of its intersection with the access road from all points along the access road within 30 feet from the edge of the traveled portion of the city street.

C. Maintenance of a private access or driveway shall be the responsibility of the property owner, and during the snow removal season such access shall be defined by the owner.

D. Asphalt and drainage requirements for access to private property shall be determined by the director of public works. (Ord. 260 § 2; Ord. 787. Code 1997 § 26-21)

7.05.240 Standards – Adjacent cuts and fills.

Any cut into or fill upon the natural ground surface upon land adjacent to a city street, or any point on which measures horizontally less than three times the depth of the cut or fill from the closest right-of-way boundary line of the city street, shall comply with the following requirements:

A. The slope of any part of the cut or fill shall not exceed 30 degrees from the horizontal, unless the same is held by a retaining wall.

B. Any retaining wall constructed on such cut or fill shall be constructed in accordance with the specifications required in the encroachment permit.

C. No fill or retaining wall shall be placed in such location that it would cause natural drainage waters to flow over any portion of the right-of-way of a city street, except in drainage ditches provided for such natural drainage waters. (Ord. 260 § 2. Code 1997 § 26-22)

7.05.250 Maintenance of work and correction of defects.

The contractor shall maintain the work performed by him and shall correct any defects appearing within one year of notice of completion. (Ord. 260 § 2. Code 1997 § 26-23)

7.05.260 Notice of completion.

Notice of completion shall be filed with the director by the contractor within two days after completion of the work. Refund of the unused portion of deposits when such deposits have been required will be made at the time specified in SLTCC 7.05.140(B)(4). The foregoing shall apply to contractors not performing work under an annual permit. (Ord. 260 § 2. Code 1997 § 26-24)

7.05.270 Completion of work by city.

If the work is not performed within the time allowed by the permit and if the public interests reasonably so demand, the director shall have authority to complete the work or any portion thereof.

The actual cost of such work by the city plus administrative expenses attributable thereto shall be charged to and paid for by the contractor.

Where the contractor fails to do so, barricades or lights, as required by SLTCC 7.05.180(A), placed on excavation sites between 5:00 p.m. and 8:00 a.m. over weekends or holidays by the city will be charged to the contractor at a fee of $5.00 per day per barricade or light placed on such site.

The city may authorize performance of resurfacing work by duly, licensed private contractors, at no cost to the city, on request of the contractor. Private contractors performing such work shall file with the director a faithful performance, and a one-year maintenance bond in an amount to be determined by the director, but not less than $1.00 per square foot of area to be repaved. (Ord. 260 § 2. Code 1997 § 26-25)

7.05.280 Use of area by city.

At all times during the performance of the work the city shall have the right to use the area occupied by the contractor. (Ord. 260 § 2. Code 1997 § 26-26)

7.05.290 Bond requirements for new improvements.

The director shall establish, or cause to be established, bond requirements in sufficient amount to insure that all improvements will be completed in accordance with the permit and the city’s standards and specifications. All such bonds for assurance of completion of such work shall be provided prior to the issuance of a building permit. (Ord. 260 § 2. Code 1997 § 26-27)

7.05.300 Hold harmless agreement – Liability insurance.

The contractor shall execute a hold harmless agreement with the city for all liabilities imposed by law for personal injury or property damage proximately caused by the work herein permitted or caused by the contractor’s failure to perform the obligations under the permit. The contractor shall take out and maintain during the life of the permit such public liability and property damage insurance as shall protect the city, its elective and appointive boards, officers, agents and employees and the contractor from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the contractor’s or any subcontractor’s operations under the permit whether such operations be by the contractor or by any subcontractor or by anyone directly or indirectly employed by either the contractor of any subcontractor, and the amounts of such insurance shall be as follows:

Public liability insurance in an amount not less than $500,000 per person, $1,000,000 per occurrence, bodily injury and death, and $250,000 per occurrence, $500,000 aggregate for property damage.

No policies of insurance carried by the contractor shall be subject to cancellation except after notice to the city attorney by registered mail at least 30 days prior to the date of cancellation. (Ord. 260 § 2; Ord. 318 § 1; Ord. 772 § 1. Code 1997 § 26-28)

7.05.310 Bond and deposit exemptions for public utilities and public agencies – Annual permits for public utilities and public agencies.

Except as provided in this section, no deposit or bond shall be required of any public utility or public agency, but such public utility or agency shall pay to the city all inspection fees and the cost of all paving, resurfacing or other work upon demand by the city.

A. Fees. In lieu of individual application fees, public utilities or agencies may pay an annual fee. The amount of such annual fee shall be determined at the rate of $2.00 per encroachment made by such applicant during the preceding calendar year and shall be paid in advance at the time the first application for a permit is made after January 2nd of each year.

In lieu of insufficient records to make such a determination, the director shall determine the amount to be advanced by the individual applicant. A separate permit will be required for each encroachment by such applicants.

The city will provide an accounting of all costs incurred in connection with encroachments to each utility company at the end of each fiscal year.

B. Revocation of Annual Permits. Where a public utility or public agency is found by the director to have violated the provisions of this article, or any terms or conditions of the annual permit, the director, after notice and hearing, may revoke such annual permit. Thereafter such public utility shall be required to obtain a separate permit for each encroachment and to pay a separate fee required therefor in accordance with the provisions of SLTCC 7.05.140.

C. Requirement of Deposit Without Revoking Annual Permit. Where a public utility or public agency is found by the director to have violated the provisions of this article, or any terms or conditions of the annual permit, the director, after notice and hearing and without revoking the annual permit, may require that any such applicant maintain cash on deposit with the city for such time as the director shall deem proper, equal to 50 times the annual permit fee or $1,000, whichever is the larger amount. No interest shall be paid on any such deposit. (Ord. 260 § 2; Ord. 363 § 3; Ord. 465 § 2. Code 1997 § 26-29)

Article III. Street Abandonments

7.05.320 Applications.

All applications for street abandonments shall be filed with the city engineer. Applications shall contain the following information:

A. The name, post office address and telephone number of the applicant.

B. The name, post office address and telephone number of the person to be contacted in connection with the application (if different from the applicant).

C. The assessor’s parcel number, as known on the last available equalized assessment roll of the County of El Dorado, of property owned by applicant in the vicinity of the proposed abandonment.

D. The names and post office addresses of the property owners, other than the applicant, owning property abutting upon the portion of the street proposed to be abandoned, together with the assessment parcel number of such property, all as revealed by the last available equalized assessment roll of the County of El Dorado.

E. A description, by metes and bounds, prepared by a licensed surveyor or registered civil engineer, of the portion of the city street desired to be abandoned.

F. A map or plan showing the portion of the city street to be abandoned, drawn to a scale of not less than one inch to 40 feet.

G. Repealed.

H. An application for abandonment fee in the amount specified by SLTCC 7.05.050. (Ord. 489 § 1; Ord. 872 § 1. Code 1997 § 26-30)

7.05.330 Reports of city departments.

The city engineer shall advise the following city departments upon receipt of an application, and such departments shall provide reports as designated:

A. The department of public works shall report on whether the proposed abandonment will have any adverse effect upon maintenance of remaining streets, upon pending or proposed public work projects, upon traffic flows or upon drainage.

B. The planning department shall report on whether the proposed abandonment will have any adverse effect upon the long-range street pattern for the city.

C. The fire department shall report on whether the proposed abandonment will have any adverse effect upon the ability of the department to respond to emergency calls in the area of the proposed abandonment.

D. The police department shall report on whether the proposed abandonment will have any adverse effect upon its ability to respond to emergency calls in the area of the proposed abandonment or upon its ability to control traffic in the area of the proposed abandonment.

E. Additionally, the city engineer shall advise:

1. All affected public utilities; and

2. Other necessary governmental agencies. (Ord. 489 § 1. Code 1997 § 26-31)

7.05.340 Referral to and action by planning commission.

Within five days after receipt of notification of an application, the planning director shall place the application on the agenda for the next planning commission meeting to be held not less than five days, and not more than 30 days, after such placement.

The planning commission shall determine whether the proposed abandonment will have an adverse effect upon the long range street pattern for the city and will conform with the adopted general plan. The planning commission shall forward its reports and determination to the city council. (Ord. 489 § 1. Code 1997 § 26-32)

7.05.350 Referral to city council.

Within five days after receipt of an application, the city engineer shall transmit the application and all accompanying papers to the city clerk, who shall place the application upon the agenda for the next meeting of the city council to be held not less than five days, and not more than 30 days, after the abandonment application is reported upon by the planning commission. (Ord. 489 § 1. Code 1997 § 26-33)

7.05.360 Resolution of intention to abandon.

After considering the reports of the various departments and any other information it may deem appropriate, the council shall determine whether or not it intends to abandon the street or portion thereof. If it determines that it does intend to so abandon, the council shall adopt a resolution declaring its intention to do so, referring to the street or part thereof by its lawful or official name or the name by which it is commonly known and referring to a map or plan on file in the office of the city clerk for particulars as to the proposed vacation. The resolution of intention shall fix a time and place for hearing all persons interested in or objecting to the proposed vacation, which time shall not be less than 15 days from the date of the passage of the resolution, and shall be published or posted in the manner prescribed by law for the publishing or posting of ordinances of the city. Notices of street vacation shall be posted conspicuously along the line of the street or part thereof proposed to be vacated at least 10 days before the date set for hearing. Such notices shall be posted not more than 300 feet apart but at least three shall be posted. Such notices shall state the passage of the resolution of intention and the time and place of the hearing.

One or more streets, or parts thereof, whether contiguous or not, may be included and vacated under the same resolution of intention. (Ord. 489 § 1. Code 1997 § 26-34)

7.05.370 Hearing and action by council.

The city council shall, on the day fixed for the hearing, or on the day to which the hearing is postponed or continued, hear the evidence offered by any person interested. If the city council finds, from all the evidence submitted, that any street or part thereof described in the resolution of intention is unnecessary for present or prospective public street purposes, the city council may make its order vacating such street or part thereof. Such order shall be by resolution and shall be on such terms and conditions as the council deems appropriate. (Ord. 489 § 1. Code 1997 § 26-35)

7.05.380 Abandonment on council motion.

The council may institute abandonment proceedings upon its own motion. As to such proceedings, the clerk shall notify the departments and entities designated in SLTCC 7.05.330. The provisions of SLTCC 7.05.340 and 7.05.370 shall apply. (Ord. 489 § 1. Code 1997 § 26-36)

7.05.390 Streets encroaching upon private property.

In instances where “private property” has been encroached upon by city streets, it will be presumed that prescriptive rights in favor of the city have been perfected and the street abandonment provisions of this article shall apply; provided, that where it is clear that such prescriptive rights have not been perfected, city staff shall remove the encroachment. (Ord. 489 § 1. Code 1997 § 26-37)

Article IV. Seasonal Restrictions – Streets and Sidewalks

7.05.400 Purpose of article.

The purpose of this article is to establish regulations which will provide for the most efficient and expedient removal of snow from city rights-of-way in order to protect the health, safety and welfare of the community as a whole.

Vehicles that are parked on or in the right-of-way of city streets during the process of snow removal by the city cause an obstruction and impediment to such operation of snow removal resulting in delays and inconvenience to the citizens of South Lake Tahoe.

It is therefore necessary for the health, safety, and welfare of the people of the city of South Lake Tahoe that city streets and street rights-of-way be kept clear of snow and other obstructions during the snow season, which is defined as from November 1st through April 30th of each year, or when snow removal conditions exist. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-38)

7.05.410 Definitions.

As used throughout this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Generally. Whenever any words or phrases used in this article are not defined in this section, but are defined in the California Vehicle Code, such definitions shall apply.

B. “Right-of-way” shall mean that area of the street and shoulder that is maintained by and under the control of the city as defined in the El Dorado County assessor’s parcel maps.

C. “Shoulder” shall mean that portion of the unpaved area of the street right-of-way abutting private property.

D. “Sidewalk” shall mean something that is next to, or a part of, a street or highway and set apart for the use of pedestrians who have a preferential right to the use thereof.

E. “Snow event” shall mean that period of time during which snow continuously falls and accumulates on surfaces including sidewalks and walkways.

F. “Snow removal operations” shall mean the removal and/or reduction of accumulated snow, ice, or slush by city street maintenance personnel or authorized contractors from the street right-of-way.

G. “Snow season” shall mean each day of the year between November 1st and April 30th of each year.

H. “Snow storage area” shall mean a storage or disposal site on public property and/or private property, used to store large piles, mounds or a collection of snow which have accumulated from roadways and/or side streets of the city.

I. “Street” shall mean any street, avenue, highway or other public way in the city, and shall include the entire right-of-way thereof.

J. “Walkway” shall mean something that is next to, or a part of, a street or highway and set apart for the use of pedestrians who have a preferential right to the use thereof. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-39)

7.05.420 Obstructing snow removal equipment prohibited.

It shall be unlawful for any person to park, abandon, or otherwise leave unattended any vehicle or trailer, as defined in Section 670 of the California Vehicle Code, on any city right-of-way at any time or in any manner which will obstruct or hinder any city employee or city contractor during the snow season or which will leave any vehicle in such a position that it is subject to damage by city employees or city contractors engaged in snow removal operations. This provision shall not prohibit the stopping of passenger vehicles for periods of time sufficient to load or discharge passengers from such vehicles. Owners of vehicles parked in violation of this article shall be subject to citation or towing. Owners of vehicles parked in violation of this article shall also be held liable for any damage to snow removal equipment which may occur due to contact with said vehicle. The city of South Lake Tahoe shall not be liable for damage to any vehicles or property parked in violation of this article. Snow removal operations shall be deemed completed at such time as the full width of the street right-of-way has been restored. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-40)

7.05.430 Seasonal parking exception.

Notwithstanding the other provisions of this article, the community services director or his/her designee may issue a permit or enter into a written agreement to allow on-street parking on certain streets at certain times within the city subject to conditions established by the community services director or his/her designee.

Where snow removal operations no longer exist, parking may be resumed on individual streets where designated parking spaces are marked and have been cleared as soon as snow plowing has been completed on the full width of the street right-of-way, except that no overnight parking shall be allowed within 50 feet of snow storage areas. (Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-40.1)

7.05.440 Owners’/occupants’ responsibilities.

It shall be the responsibility of residents, property owners, occupants, and/or their agents for snow removal of any berm across any encroachment, including but not limited to driveways, sidewalks, parking lots and other uses for ingress or egress areas used to access the property, pursuant to SLTCC 7.05.230(C). (Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-40.2)

7.05.450 Vehicles parked/stopped during snow removal operations – Violation and declared nuisance.

Any vehicle which is found to be stopped, parked, abandoned or otherwise left unattended in violation of SLTCC 7.05.420 is hereby declared to be an obstruction to the snow removal operations and is an infraction punishable by a fine which shall be set forth in a duly adopted resolution of the city council. Such violation is hereby declared to be an obstruction of the public streets which shall constitute a nuisance, which may be abated in accordance with SLTCC 7.05.460. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-41)

7.05.460 Vehicles parked/stopped during snow removal operations – Removal to abate nuisance.

In the event any vehicle is stopped, parked, abandoned or left unattended in violation of SLTCC 7.05.420 and 7.05.450, any police officer or other city employee granted authority to issue citations pursuant to SLTCC 1.10.010 is hereby authorized to remove or cause to be removed any such vehicle and to have such vehicle towed or otherwise removed to any public or private garage or parking area and to have such vehicle stored in such garage or parking area at the owner’s expense until claimed by the owner. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-42)

7.05.470 Warning signs.

Signs giving notice of the provisions of this article shall be erected at each entrance to the city. Such signs shall be of not less than 17 inches by 22 inches in size, and shall be worded substantially as follows:

NO PARKING
ON STREETS INCLUDING SHOULDERS DURING SNOW REMOVAL OPERATIONS UNTIL STREETS ARE CLEAR TO FULL WIDTH

VIOLATORS ARE SUBJECT TO
$ (FINE AMOUNT) FINE
AND/OR TOWING

CITY OF SO. LAKE TAHOE CODE § 7.05.420

No vehicle shall be removed pursuant to the provisions of this article unless the signs required by this section have been erected at least 24 hours prior to such removal. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-43)

7.05.480 Additional signs.

Additional signs, smaller in size but containing substantially the same wording, may be erected at such places within the city as the public works director or his/her designee shall deem appropriate. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-44)

7.05.490 Removal of snow from city streets without permit prohibited – Exceptions.

It shall be unlawful for any person to move or remove any snow from any portion of the right-of-way of any street or to apply abrasives or deicers to any street without first having obtained a permit therefor from the director of public works or his/her designee, except in the following cases:

A. The removal of snow from directly in front of a private driveway or walkway for purposes of ingress and egress from the driveway or walkway to the cleared portion of the street.

B. The removal of snow by city employees or by contractors employed by the city. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-45)

7.05.500 Dumping of snow in right-of-way prohibited.

Snow may not be dumped, deposited, placed, or pushed into a city street. Snow removed from private property may not be piled so as to block or cover a fire hydrant, snow pole, street sign, culvert inlets and outlets, or other drainage structures. Violations of this section shall be deemed an infraction, punishable by a fine. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-46)

7.05.510 Dumping of snow in city infiltration and retention basins.

No person may place, push, blow, dump or otherwise relocate snow onto any city property including open ditches, infiltration systems and/or retention basins without a permit from the director of public works or his/her designee. Violation of this section shall be deemed an infraction, punishable by a fine. (Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-46.1)

7.05.520 Placement of permanent and/or temporary improvements adjacent to right-of-way.

No person shall place, construct or maintain any permanent or temporary improvement or other obstruction on any parcel of real property in the city upon which snow is or may be placed for purposes of city snow removal operations, unless otherwise provided herein. “Permanent or temporary improvements or other obstructions” shall include, but not be limited to, fences, walls, signs, trash enclosures and containers, landscape materials, irrigation systems, lighting fixtures, motor vehicles and/or trailers, driveway marker poles, mailboxes, and other similar improvements.

The provisions of this section shall not apply when one or more of the following conditions have first been met:

A. The improvement or obstruction is set back pursuant to SLTCC 6.10.210 through 6.10.280 (Article VI, Fences and Walls Design Standards);

B. Where a fence or wall has been constructed, said improvement has been marked at intervals not less than 10 feet with distinctively colored stakes or poles a minimum of eight feet in height with a reflector facing traffic affixed to the topmost portion thereof. Said stakes or markers shall be made of either wood or plastic and shall be put in place by the property owner not later than November 1st of each year and shall remain in place until May 1st of the following year. Any person electing to utilize this procedure shall additionally file with the director of public works or his/her designee a certificate executed by a licensed engineer that the fence, wall, or barrier can withstand the storage of snow on, in and around it in an amount equal to or greater than a pile eight feet in height without damage to the fence or wall;

C. Whenever driveway marker poles are erected to delineate a driveway, such markers have been located within the boundaries of private property and do not in any way protrude into the street right-of-way. Such markers shall be made of plastic or wood material, be a minimum of eight feet in height, and shall have a reflector facing traffic affixed to the topmost portion thereof;

D. Any damage sustained to any permanent or temporary improvement or other obstruction not meeting the requirements of subsections (A) through (D) of this section which is the result of snow removal operations shall be the sole responsibility of the property owner and the city shall bear no liability whatsoever therefor. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-47)

7.05.530 Placement of permanent and/or temporary improvements or other similar obstructions prohibited – Declared nuisance.

No person shall place, construct or maintain any permanent or temporary improvement or other obstruction on any portion of any street right-of-way without first obtaining an encroachment permit from the director of public works or his/her designee. In no event shall the city bear any liability for any permanent or temporary improvement or other obstruction placed within any portion of the street right-of-way or other public property without all necessary permits and approvals having first been obtained. Any such improvement or other obstruction for which an encroachment permit has not been obtained shall be deemed a public nuisance and may be summarily abated by order of the director of public works or his/her designee in accordance with SLTCC 7.05.100 or any successor section thereto. (Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-48)

7.05.540 Mailboxes.

All mailboxes shall be placed in accordance with the rules and regulations of the United States Postal Service, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public or interfere with snow removal operations. A permit is not required for the placing of mailboxes. The city is not liable in the event of damage to any box placed in the street right-of-way. It shall be the responsibility of the resident/property owner and/or their agents to clear snow and snow berms to enable U.S. Postal Service employees access to mailboxes.

No mailbox shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. The city is not liable in the event of damage to any mailbox placed in the street right-of-way. Persons must remove obstructions, including, but not limited to, vehicles, trash cans, and snow, that impede safe and efficient delivery.

Damage to snow removal vehicles caused by mailbox supports will be borne by the resident, if the mailbox is not placed pursuant to this section.

Residents are responsible for clearing and maintaining mailbox access for delivery and ensuring that the mailbox is not placed in the public right-of-way. (Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-48.1)

7.05.550 Maintenance of safe distance from snow removal and/or heavy equipment.

Whenever a motorist within the street right-of-way fails to maintain a distance of 100 feet from any piece of snow removal or other heavy equipment upon which has been posted a warning, in lettering of a minimum of two inches in size, which reads:

DANGER – FREQUENT STOPPING AND/OR BACKING UP. STAY BACK
100 FEET

SLTCC 7.05.550

and a traffic collision results, the motorist violating the distance requirement created herein shall be deemed guilty of an infraction and liable for any damage to city equipment.

Motorists, pedestrians and persons within a right-of-way or within or on private property are prohibited from obstructing, confronting, standing in the way of, or in any way threatening a snow removal equipment operator and/or snow removal equipment. The city shall prosecute such offenses in accordance with California Penal Code Section 71 (or as it may be amended). (Ord. 909 § 1; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B). Code 1997 § 26-49)

7.05.560 Maintenance of sidewalks and walkways.

It shall be the duty of all owners, and their tenants, of real property within the city whose property borders, is adjacent to, or is in a city right-of-way encompassing any improved sidewalk or walkway to maintain the sidewalk or walkway in a safe condition for its use by pedestrians and other members of the public. The duty created by this section shall include the duty to keep the sidewalk or walkway substantially free and clear of all dirt, sand, gravel, filth, rubbish, ice and snow. (Ord. 1023 § 1 (Exh. A); Ord. 1041 § 1 (Exh. A). Code 1997 § 26-50)

7.05.570 Snow maintenance.

During a snow event, owners and their tenants shall ensure that the sidewalk or walkway as set forth in SLTCC 7.05.560 herein is substantially free and clear of snow and ice within the following time frames:

1. Within 12 hours after the end of a snow event.

2. Within each 24-hour period during a snow event if such event is of a duration greater than 24 hours.

3. Whenever the accumulation of snow and/or ice creates a condition that is dangerous to property or to persons using the sidewalk or walkway in a reasonable manner and whenever such condition interferes with the public convenience in and the use of said sidewalk or walkway area. (Ord. 1041 § 1 (Exh. A). Code 1997 § 26-51)

7.05.580 Liability for injuries to public.

The property owner and their tenants required by SLTCC 7.05.560 and 7.05.570 to maintain and repair the sidewalk or walkway area shall owe a duty to members of the public to keep and maintain the sidewalk or walkway area in a safe and nondangerous condition. If, as a result of the failure of any property owner or their tenants to maintain the sidewalk or walkway area in a nondangerous condition as required by SLTCC 7.05.560 and 7.05.570, any person suffers injury or damage to person or property, the property owner, tenant, or occupier shall be liable to such person for the resulting damages or injury. The city shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this section.

Notwithstanding any other section of this article, members of the public are not absolved of their reasonable duties of care which must be exercised while walking, running, bicycling, or utilizing any other nonmotorized transportation method, in an area they know or should reasonably expect is snowy or icy. Failure to exercise reasonable care shall bar said members of the public from any recovery against a property owner or the city related to claims arising out of maintenance of sidewalks and walkways. (Ord. 1041 § 1 (Exh. A). Code 1997 § 26-52)