Chapter 12.12
STREET OBSTRUCTIONS*
Sections:
12.12.010 Streets and sidewalks – Damage prohibited.
12.12.020 Irrigation water flow in streets or public places prohibited.
12.12.030 Obstructing flow of water in public ways prohibited – Deemed misdemeanor when.
12.12.040 Obstructing public ways with vegetation prohibited.
12.12.050 Obstructing flow of water in gutters prohibited.
12.12.060 Pipes in gutters – Regulations and owner responsibility.
12.12.070 Sidewalks, curbs and gutters – Maintenance and repair duties – City performance when – Costs deemed lien – Collection.
12.12.080 Debris dropped from vehicles prohibited on streets.
12.12.090 Storage of building materials – Temporary encroachment permit required when.
12.12.100 Temporary encroachment permit fees.
12.12.110 Removal of obstructions from streets required – Notice – City performance when – Costs deemed lien – Collection.
12.12.120 Vision clearance – Intersection requirements.
12.12.130 Vision clearance – Driveway requirements.
* For statutory provisions authorizing cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775.
12.12.010 Streets and sidewalks – Damage prohibited.
It is unlawful for any person to use any of the streets and sidewalks within the corporate limits of the city for the purpose of transporting machinery or implements of any kind over, upon or across any of such streets or sidewalks without doing the same in such manner that the streets or sidewalks shall not be damaged. (Ord. 1205 § 2, 1969; prior code § 27.201).
12.12.020 Irrigation water flow in streets or public places prohibited.
It is unlawful for any person owning or having charge of irrigating lands in the city to so irrigate said lands that waters used in such irrigation shall be cast upon or over, or permitted to flow upon or over, any of the public streets, alleys or public places in the city; provided, however, that in the event of an unavoidable accident in the process of such irrigation, whereby the water is uncontrollable, it shall not be deemed an offense as hereinabove described if such water is prevented from flowing upon or over such public streets, alleys or public places within a reasonable time sufficient to repair such accident. (Ord. 1205 § 2, 1969; prior code § 27.202).
12.12.030 Obstructing flow of water in public ways prohibited – Deemed misdemeanor when.
Any person allowing or permitting any obstruction to the free flowing of water upon any portion of any public street or alley or the gutter thereof, caused by them, in the city, to so remain for a period of 24 hours after notice from the street superintendent to remove the same, shall be guilty of a misdemeanor. (Prior code § 16.4).
12.12.040 Obstructing public ways with vegetation prohibited.
It is unlawful for any person owning or having charge of any properties in the city to allow vegetation to grow in such a manner so as to obstruct the streets, sidewalks, curbs and gutters so as to interfere with the passage of pedestrians or vehicles or to impede the use of street cleaning equipment. (Ord. 1205 § 2, 1969; prior code § 27.203).
12.12.050 Obstructing flow of water in gutters prohibited.
It is unlawful for any person to place, or cause to be placed, any material or obstruction of any kind in any gutter upon any public street or alley, or upon any portion of any public street or alley, in the city, which will in any way prevent the free flow of water upon such street or alley or along any such gutter. (Prior code § 16.5).
12.12.060 Pipes in gutters – Regulations and owner responsibility.
It is unlawful for any person to lay, place or maintain any pipe or pipes in the gutter of any street or alley in the city which are insufficient to properly carry off the water that naturally accumulates at such pipe or pipes, and the street superintendent is empowered to determine and fix the size that such pipe or pipes shall be. It shall be the duty of the owner of the property upon whose land such pipe or pipes may be to keep such pipe or pipes open and in condition to properly carry off the water that such pipe or pipes are designed to do. (Prior code § 16.6).
12.12.070 Sidewalks, curbs and gutters – Maintenance and repair duties – City performance when – Costs deemed lien – Collection.
Any person owning or having charge of any properties in the city is charged with the duty of maintaining sidewalks, curbs and gutters adjacent to or contiguous to said properties free and clear of all dirt, rocks, debris and other materials which would tend to obstruct said sidewalks, curbs, and gutters. Said persons shall also be liable for the proper maintenance of street lines and sidewalks, as required by Section 5610 of the Streets and Highways Code of the state of California. In the event that said persons fail to maintain sidewalks, curbs, gutters and streets in accordance with the requirements of this section and the Streets and Highways Code of the state, notice shall be given, as provided in this code and/or in the Streets and Highways Code, and in the event that the city is required to perform such maintenance, a lien shall be imposed to cover the cost of such work. Said lien shall be collected as a part of the assessment of the regular tax bill levied against the lot or parcel of land, as provided in Section 5628 of the Streets and Highways Code of the state. (Ord. 1205 § 2, 1969; prior code § 27.204).
12.12.080 Debris dropped from vehicles prohibited on streets.
No person shall throw, deposit or drop, or cause to be thrown, deposited or dropped, any dirt, debris, boulders, pebbles, hardpan, rock, glass or any material whatsoever on any street in the city, or permit any dirt, debris, pebbles, hardpan, rock, boulders, or glass to drop, roll or leak from any vehicle on any street in the city. It is unlawful for any person to place on the surface of any street, alley or public place in the city any nails, broken glass, sharp implements, crushed rock, or any other substance tending to cause injury to the tires of vehicles passing along such street, alley or public place.
In the event that such debris is deposited on any street in the city, the director of public works shall require the person responsible to immediately remove the debris and clean the street right-of-way and to stop all activity on the project until the cleanup has been undertaken. In the event that the city undertakes to effect such cleanup, the cost thereof shall be charged to the person responsible. Final clearance of the project shall be withheld until such charge has been paid. (Ord. 1677 § 1, 1976; Ord. 1205 § 2, 1969; prior code § 27.205).
12.12.090 Storage of building materials – Temporary encroachment permit required when.
It is unlawful for any person to use any street, alley or public place in the city for depositing and storing building materials to be used in the construction of buildings or structures adjacent to such part of the street so to be used for any length of time without first obtaining a temporary encroachment permit so to use such street, alley or public way from the director of public works. The director of public works shall determine a reasonable length of time for the storage of such building materials in the street right-of-way. Whenever such permit is granted, it shall be deemed to be upon condition that:
A. Not more than 20 feet immediately in front of the building or structure proposed to be constructed shall be so used;
B. The materials are easily removable and cause no obstruction to vehicular traffic;
C. During such construction, whenever practicable, a portion of the sidewalk in front of such work shall be kept open for public travel; and
D. Lights, during the period of darkness, shall be placed on such material deposited in the street in such manner that they may be plainly seen by travelers passing along such street, and afford sufficient warning against danger of driving or riding into or upon such obstruction. (Ord. 1677 § 1, 1976; Ord. 1205 § 2, 1969; prior code § 27.207).
12.12.100 Temporary encroachment permit fees.
A. The required nonrefundable application fee(s) shall accompany each application for a temporary encroachment permit.
B. If materials are placed in the street by the applicant prior to issuance of a temporary encroachment permit, the application fee shall be doubled. The payment of such double fee shall not relieve any person from fully conforming with the requirements of this chapter. Such double fee shall be construed as an added fee required to defray the additional expense of investigation and enforcement by the city as the result of failure to comply with the provisions of this chapter. In the event that issuance of a temporary encroachment permit is refused, any previously deposited materials shall be removed as provided in CVMC 12.12.110. (Ord. 2506 § 1, 1992; Ord. 1811 § 1, 1978; Ord. 1677 § 1, 1976; Ord. 1205 § 2, 1969; prior code § 27.208).
12.12.110 Removal of obstructions from streets required – Notice – City performance when – Costs deemed lien – Collection.
In the event that any unauthorized obstructions or debris are placed upon the sidewalks, curbs, gutters or streets, the director of public works shall immediately notify the owner of record, the occupant or occupants, or person having charge of the real property lying adjacent to or contiguous to said portion of the public right-of-way containing said unauthorized obstructions which have been placed thereon at any time, either prior to or subsequent to July 18, 1969, and being any obstruction, thing, object, or material, whether organic or inorganic, that the obstruction shall be removed forthwith or within a reasonable period of time as determined by the director of public works, depending upon the nature of the obstruction, after receipt of said notice. In the event that said property owner, occupant or occupants, or person having charge of the property fails to remove the obstruction within the time set forth in this section or as determined by the director of public works, the director of public works shall cause the obstruction to be removed and a lien shall be imposed against the property in the manner provided in Sections 5610 through 5630 of the Streets and Highways Code of the state, and the lien shall be collected as a portion of the regular tax assessment as provided in Section 5628 of the Streets and Highways Code. (Ord. 1677 § 1, 1976; Ord. 1205 § 2, 1969; prior code § 27.209).
12.12.120 Vision clearance – Intersection requirements.
On each corner lot or two interior lots having a common side lot line, located within an interior angle not exceeding 135 degrees, formed by two converging street lines and such lot or lots being subject to front yard requirements, no obstruction, including earth obstruction, to vision between a height of three feet and 10 feet above every point along the outer edge of the paved surface of the roadway, or traveled portion of the roadway where no paving exists, may be erected, placed, planted, allowed to grow, or be maintained within that area of the lot or lots formed by the converging street lines and a straight line intersecting such street lines, drawn at a right angle to a line running midway or nearly midway between, and in the mean direction of, the converging street lines at a point three feet outside the buildable area of the lot or lots; provided, that said line shall not be less than 45 feet in length, except the following:
A. Single trees and shrubs pruned, arranged, and maintained in such a way as to prevent blind spots and provide reasonable unobstructed vision, throughout the area, for drivers of automobiles;
B. Wire fences of chain-link or similar open-mesh construction;
C. Pole signs, as otherwise permitted, provided the pole minimum support only is the only part of the structure visible within the height limits. (Ord. 973 § 1, 1966; prior code § 19.15.1).
12.12.130 Vision clearance – Driveway requirements.
Within five feet of any driveway, no fence, wall or hedge or other dense vegetation shall be permitted within five feet of the front line of any lot which is subject to front yard requirements if said fence, wall, hedge or vegetation is more than two feet, six inches in height, unless same is arranged so as to provide 50 percent or more of distributed open space so as to prevent dense blind areas exceeding eight inches in width along its horizontal measurement. (Ord. 973 § 1, 1966; prior code § 19.15.2).