Chapter 12.20 ENCROACHMENTS

This chapter is enacted for the purpose of regulating the use of city streets and the installation, maintenance and repair of underground and aboveground facilities within the public right-of-way of the city. (Ord. 471 § 1.1, 1973).

12.20.020 Definitions.

The following words and phrases shall have the meaning respectively ascribed to them by this section:

A. “City” means the city of Sonoma, county of Sonoma, state of California, a municipal corporation;

B. “City engineer” means the city engineer of the city or his authorized representative;

C. “City street” means the entire width of the right-of-way of any road, street, lane, boulevard, avenue, drive or alley used by or for the general public, whether or not those roads, streets, lanes, boulevards, avenues, drives or alleys have been accepted as and declared to be a part of the city system of public streets, except streets forming a part of the state highway system. Any “private street” that is not dedicated for public use which is specifically restricted and used for access to and on private property by the owners of the property shall be excluded from the provisions of this chapter;

D. “Contractor” means a contractor licensed by the state of California to do work covered by this chapter. A contractor may be authorized to act for a property owner in doing such work;

E. “Encroach or encroachment” means going upon, over, under or using any right-of-way in such a manner as to prevent, obstruct, or interfere with the normal use of that right-of-way, including the performance thereon of any of the following acts:

1. Excavating or disturbing the right-of-way or watercourse,

2. Erecting or maintaining any post, sign, pole, bench, mailbox, vending stand, fence, guardrail, wall loading platform, pipe, conduit, cable conductor, scaffolding, barricade, newspaper stand, banner, sign, merchandise display, or other structure on or under the right-of-way. Pole replacements in place will not require a permit,

3. Planting or removal of any tree, shrub or other growing thing within the right-of-way or watercourse,

4. Placing or leaving on the right-of-way or watercourse any rubbish, brush, earth or other material of any nature whatever,

5. Constructing, placing, or maintaining on, over, under or within the public right-of-way a pathway, sidewalk, curb, gutter, driveway, paving or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable. The installation of overhead public utilities or cable TV facilities not involving setting of new poles shall be excluded from permit requirements,

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 within the right-of-way,

8. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way or watercourse which causes or will cause an encroachment.

The term “encroachment” shall not include the posting of any notice in the manner required by law, city ordinance, or land development proceeding and completed under SMC Title 19 up until those improvements have been dedicated to the city and accepted for maintenance by the city engineer;

F. “Permittee” means any person, firm, public or private corporation, franchised agency, association of individuals or groups, service clubs and other public agencies not particularly mentioned in this section that proposes to do work or encroach upon a public street herein defined and has been issued a permit for the encroachment by the city engineer or his designated representative;

G. “Private contract” means a contract between two or more parties for the installation, construction, revision, operation, or creation of an encroachment, to which contract the city is not a party;

H. “Public improvement” means publicly owned construction structures or facilities in the public right-of-way designed for the public use, safety or general welfare;

I. “Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes which includes public utility, storm drainage, water, sanitary sewer or pedestrian walkway purposes;

J. “Watercourse” means a channel for the carrying of storm water, including both natural and artificial watercourses. (Ord. 471 § 1.2, 1973).

12.20.030 Acts requiring permit.

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, including parades and other formal gatherings, or make or cause to be made any alteration of any nature within, upon, over or under right-of-way, 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 fire thereon, or to place on, over or under such right-of-way any pipeline, conduit, or other fixtures 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 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 or the right-of-way without having first obtained a permit as required by this chapter. (Ord. 471 § 1.3, 1973).

12.20.040 Exceptions.

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties, or to any work being performed by any person or persons under contract with the city, but this chapter shall cover all work done by the Sonoma Valley county sanitation district. (Ord. 471 § 1.4, 1973).

12.20.050 Emergency work authorized.

This chapter shall not prevent any person from maintaining any pipe, conduit, conductor, pole and its related facilities lawfully on or under any public street, as may be necessary for the preservation of life or property when an urgent necessity therefor arises except that the person making an emergency repair or encroachment on a public street shall apply for a permit one work day after work has been initiated. (Ord. 471 § 1.5, 1973).

12.20.060 Liability for damages.

The permittee shall be responsible for all liability imposed by law for personal injury or property damage caused by the work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under the permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, permittee shall defend, indemnify and hold them, and each of them, harmless against all tort claims, tort liability and tort loss, and in particular from and against all such claims, liability and loss predicated on active or passive negligence of the city resulting directly or indirectly from operations under this permit insofar as permitted by law. (Ord. 471 § 1.6, 1973).

12.20.070 Right of lawful use.

Any permit granted under this chapter shall be subject to the right of the city, or any other person or persons entitled thereto, to use that part of the public street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. (Ord. 471 § 1.7, 1973).

12.20.080 Existing facilities.

The permittee shall not interfere with any existing utilities without the written consent of the city engineer and the utility company or person owning the utility. If it becomes necessary to remove or relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee. (Ord. 471 § 1.8, 1973).

12.20.090 Permits.

The written permits required by this chapter shall be issued by the city engineer or his designated representative subject to the conditions set forth in this chapter or required by other provisions of law. (Ord. 471 § 2.0, 1973).

12.20.100 Application.

The city engineer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place of business of the applicant, together with such detail as in the judgment of the city engineer is necessary to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment. (Ord. 471 § 2.2, 1973).

12.20.110 Exhibits to accompany application.

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or drawing. Other plans by the nature and extent of the improvements may require drawings prepared by a registered civil engineer, when required by the city engineer, and of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment. (Ord. 96-15 § 1, 1996; Ord. 93-4 § 1, 1993; Ord. 471 § 2.3, 1973).

12.20.120 Consent of other public agencies.

The applicant shall also enclose with, attach or add to the application the written order or consent to any work required by law, Sonoma Valley county sanitation district, Sonoma County water agency, State Division of Highways, or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the city engineer. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders. (Ord. 471 § 2.4, 1973).

12.20.130 Administration by the city engineer.

A. The city engineer shall enforce the provisions of this section. He shall, upon application by qualified persons, issue permits for the work in the public rights-of-way when all applicable conditions established by this chapter for such permits have been met. He shall cause all such work being done without a permit to be stopped until a permit is obtained. He may require that such work without a permit be removed or corrected at the expense of the responsible persons. He shall inspect all work done in the public rights-of-way to insure compliance with the provisions of this chapter and shall certify when such work is properly completed. He shall keep on file for public distribution copies of all current standard plans and specifications of the city and all standards of design used in such work.

B. The city engineer shall determine the extent, type and requirements of the public improvements, the type of application and permit required and the fees applicable under the provisions of this chapter. No permit shall be valid unless signed by the city engineer or his authorized representative. (Ord. 471 § 2.5, 1973).

12.20.140 Grounds for refusal.

No application will be approved or permit issued for constructing or maintaining a loading platform upon or in the right-of-way of public street or for erecting or maintaining therein or thereon a post, pole, column or structure for supporting advertising signs.

Permit applications may also be denied or modifications required for any of the following reasons:

A. Work as proposed to be constructed creates a hazard to public health, safety and welfare;

B. Violation of a city ordinance;

C. When future city improvements may take place in the area of the proposed work necessitating street widening which would not warrant the construction of certain public improvements at this time or as proposed;

D. Violation of established plan lines;

E. Where lines and grades for lot improvements have not been established or approved by the city engineer. (Ord. 471 § 2.6, 1973).

12.20.150 Right of appeal.

Any person aggrieved by the action of any administrative official of the city acting under this chapter may appeal the decision to the city council. The aggrieved person shall file notice of appeal in writing with the city clerk within seven days after final action of the administrative official whose action is being appealed. The city council may affirm, modify or reverse the action of the administrative official from whom the appeal is taken. (Ord. 471 § 2.7, 1973).

12.20.160 Display of permit.

The permittee shall keep any permit issued pursuant to this chapter at the site of work or in the cab of a vehicle where movement thereof on a public street is involved, and the permit must be shown on demand to any authorized representative of the city engineer or law enforcement officer. For a public utility or other franchised agency, the permit issued may be kept at the place of business of the permittee. The permit shall be made available to an authorized representative of the city engineer or law enforcement officer within a reasonable time after demand is made. (Ord. 471 § 2.8, 1973).

12.20.170 Term of permit.

A. Beginning of Work. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within 90 days, or within the time stated in the permit, then the permit becomes void.

B. 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 city engineer finds that the delay in the prosecution of 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 to its former condition. The permittee shall reimburse the city for all expenses by the city in restoring the right-of-way. (Ord. 471 § 2.9, 1973).

12.20.180 Nonassignment of permits.

Permits shall be issued only to the person making application therefor and may not be assigned to another person or location by the permittee. Nothing shall deny the permittee to assign the work to others. If any permittee assigns his permit to another or another location, the permit shall become void. (Ord. 471 § 2.10, 1973).

12.20.190 Changes in permit or work.

No major 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 city engineer. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or franchised agencies, or for changes therein or thereto where such changes or additions require no excavation of the improved right-of-way. (Ord. 471 § 2.11, 1973).

12.20.200 Fees.

The schedule of fees will be those established and adopted by the city council by resolution. Before a permit is issued, the applicant shall deposit with the city cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for filed investigation, and the fee for necessary inspection, all in accordance with the schedule established and adopted by the city council.

Fees will not be required of any public agency, public utility, or franchise 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 or watercourse. (Ord. 471 § 2.12, 1973).

12.20.210 Cash deposit bonds.

Unless this part is waived in the permit and before a permit is effective, the permittee shall deposit with the city engineer or agency, authorized by resolution of the city council, cash or a certified cashier’s check in the sum to be fixed by the city engineer as sufficient to reimburse the city for costs of restoring the right-of-way or watercourse to its former condition, based upon schedules, if any, adopted by resolution of the city council; provided, however, that the permittee may file a cash deposit on an annual basis in a sum estimated by the city engineer as sufficient to cover his activities during any 12-month period. (Ord. 471 § 3.1, 1973).

12.20.220 Bond in lieu of cash deposit.

In lieu of the cash deposit prescribed by SMC 12.20.210, the permittee may, upon approval of the city engineer, file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the city council and in effect at the time of application for a permit, and the balance of the sum fixed by the city engineer as sufficient to reimburse the city for expenses incurred in restoring the right-of-way 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 of California. (Ord. 471 § 3.2, 1973).

12.20.230 Annual bond.

In lieu of a cash deposit, the permittee may, upon approval by the city engineer, annually file with the city engineer an approved surety bond issued by a company authorized to do a general surety business in the state of California in a sum fixed by the city engineer as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition subject to the schedules, if any, adopted by resolution of the city council. (Ord. 471 § 3.3, 1973).

12.20.240 Bond for continuing use.

An applicant for a permit for a use or encroachment which is to continue or remain within, under, or upon the right-of-way of a public street or watercourse beyond the time authorized for construction or installation shall file with the city clerk a cash deposit or surety bond issued by a company authorized to do a general surety business in the state of California in a penal sum to be fixed by the city engineer as sufficient to reimburse the city for all expenses incurred by the city in making the watercourse available for flow of storm water or the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the city council and in effect at the time of application for a permit. (Ord. 471 § 3.4, 1973).

12.20.250 Additional bond or cash deposit.

The city engineer may require an additional bond or cash deposit at any time when, in his opinion, the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the city council, and in effect at the time of application for a permit. (Ord. 471 § 3.5, 1973).

12.20.260 Provisions of bonds.

The aforesaid bonds shall be executed by the applicant or contractor doing work as principal and by a surety company authorized to do business in the state of California. The bond shall name the city as obligee and shall be conditioned as follows:

A. That each and all of the terms and conditions of the permit shall be fully performed and complied with to the satisfaction of the city engineer;

B. That each and all of the provisions of this chapter are complied with.

An extension of time for performance of work may be granted by the city engineer, but no such extension of time shall be valid unless written and no such extension shall release any surety company upon any bond. (Ord. 471 § 3.6, 1973).

12.20.270 Payable to city.

Any bond or cash deposit required by the city engineer pursuant to this chapter 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 will be released. Annual bonds shall remain in effect until the permittee bonding agent notifies the city in writing 30 days prior to date of cancellation. Acknowledgment and subsequent release of any bond shall be at the discretion of the city engineer. (Ord. 471 § 3.7, 1973).

12.20.280 Exclusions from bonds.

Cash deposits or bonds will not be required of any public utility, public agency or franchised agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way. (Ord. 471 § 3.8, 1973).

12.20.290 Insurance required.

All permittees encroaching the public street area shall carry property damage and public liability insurance. No person, firm or corporation shall be entitled to encroachment permits under this article unless and until he has filed and maintained on file with the city engineer a certificate or certificates showing and certifying that such person, firm or corporation carries public liability and property damage insurance, issued by an insurance carrier determined reliable by the city engineer, insuring the applicant and the city against loss by reason of injuries to or death of persons, or damage to property, caused by the applicant, its agents or employees in performing any work under such permit in the amounts prescribed by the schedule adopted by the city council. (Ord. 471 § 3.9, 1973).

12.20.300 Erection and maintenance of safety provisions.

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, flagmen and other safeguards as are necessary to protect the traveling public. Any omission on the part of the city engineer to specify in the permit what 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 city engineer 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 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed 200 feet and 400 feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

All warning signs, lights and other safety devices shall conform to the requirements of Section 465.7 of the Vehicle Code and of any construction signing manual issued by the Department of Public Works of the state of California. (Ord. 471 § 4.1, 1973).

12.20.310 Notification – Beginning of work.

Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters, or driveways, planting, trimming or removing trees, making, placing or causing an obstruction in the traveled way, the permittee shall notify the city engineer’s office at least 24 hours in advance of doing such work. (Ord. 471 § 4.2, 1973).

12.20.320 Notification – Completion of work.

Where required under the permit, the permittee shall, upon completion of all work authorized in the permit, notify the city engineer. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the city engineer. (Ord. 471 § 4.3, 1973).

12.20.330 Care of drainage.

If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage or as directed by the city engineer. (Ord. 471 § 4.4, 1973).

12.20.340 Interference with use.

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized, and at no time shall a public street be closed, or the use thereof denied the general public, or access to adjacent private property be denied without the written permission of the city engineer. (Ord. 471 § 4.5, 1973).

12.20.350 Restoring of street and maintenance of encroachment.

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

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, upon notice from the city engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the conditions of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, 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. (Ord. 471 § 4.6, 1973).

12.20.360 Relocation or removal of encroachments.

If any future construction, reconstruction or maintenance work by the city on a public right-of-way requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right-of-way, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense; provided, however, that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located are used for usual street purposes and not as a freeway, and this provision shall cease to apply when such street becomes a freeway. When removal, relocation or abandonment is required, the city engineer shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed, relocated or abandoned. If the permittee fails to comply with the instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee. (Ord. 471 § 4.7, 1973).

12.20.370 Standards, supervision and inspection.

All work done under a permit issued pursuant to this chapter shall conform to specifications established by the city engineer or in the absence of established specifications to recognized standards of construction and approved practices in connection with the work to be done. All work shall be done subject to the supervision of, and to the satisfaction of, the city engineer. (Ord. 471 § 4.8, 1973).

12.20.380 Storage of material.

No material or excess excavation shall be stored on any public street, alley or sidewalk unless otherwise approved by the city engineer. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled and the work is carried forward. (Ord. 471 § 4.9, 1973).

12.20.390 Small pipes.

When specified on the permit, utility services and other small diameter pipes, two inches or less, or rigid conduits shall be jacked or otherwise forced underneath a paved street surface and the street shall not be cut, trenched, or otherwise disturbed. No tunneling will be permitted except as specifically set forth in the permit. (Ord. 471 § 4.10, 1973).

12.20.400 Minimum cover.

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be 30 inches of earth or imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of 30 inches shall be measured from the surface, existing or planned. The city engineer is authorized to permit installation of pipes or conduits where 30 inches of cover cannot be provided because of topography, structures, or other engineering necessity. (Ord. 471 § 4.11, 1973).

12.20.410 Backfilling.

Backfilling of an excavation shall be in accordance with the city of Sonoma Standard Specifications and Standard Plans approved by the city council, both as to material and method; and backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the city engineer. (Ord. 471 § 4.12, 1973).

12.20.420 Poles and transmission lines.

Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the California Public Utilities Commission and other public agencies having jurisdiction.

No wires or cables are to be attached to trees without specific authorization to do so in the permit, and in no event shall wires be so attached as to girdle the tree or interfere with its growth. No wires or cables shall be below the minimum elevation above the ground, prescribed in the rules, orders and regulations of the California Public Utilities Commission.

When a pole, brace, stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted, and resurfaced where applicable. (Ord. 471 § 4.13, 1973).

12.20.430 Aids to visibility.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the city engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the California Public Utilities Commission or the Division of Highways of the state of California at the expense of the permittee. (Ord. 471 § 4.14, 1973).

12.20.440 Movement of vehicles.

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit, is moved on any public right-of-way, a permit to do so must first be granted by the city engineer as set forth in the specifications established by the city engineer, or as otherwise required by him in accordance with the California State Division of Highways. Copies of all transportation permits issued by the Sonoma County road commissioner and the State Division of Highways relative to one or two-way trips requesting access to city streets shall be presented to the city engineer at the same time the application for a transportation permit is submitted to the city engineer.

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 law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee. (Ord. 471 § 4.15, 1973).

12.20.450 Mailboxes.

All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. (Ord. 471 § 4.16, 1973).

12.20.460 Hedges or fences.

No hedge, fence or similar structure shall be planted or erected in a right-of-way without a permit. 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 will 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. (Ord. 471 § 4.17, 1973).

12.20.470 Planting, trimming or removing trees.

The applicant for a permit to plant trees in the right-of-way of a public street shall show in his application the exact location of and the kind of trees to be planted. All trees planted within the right-of-way shall conform to the kind of trees outlined in the official tree list as adopted by the city council. No change shall be made in either location of trees or in kind of trees without the approval of the city engineer.

The city engineer may refuse to issue a permit authorizing the planting of trees in the right-of-way of a public street when, in his judgment, the location as described in the application or the nature of growth above or below ground of the kind of tree proposed will impede or inconvenience travel on a public street or unduly disturb the right-of-way thereof, or in any way impede construction or maintenance of necessary facilities.

Trimming of trees will be permitted only when and in the manner authorized by a permit issued pursuant to this chapter in order that the shapeliness of the tree may be preserved.

An application for removal of a tree will be approved and permit issued only when a necessity for removal exists, and adjacent property owners concur, or when deemed necessary by the city engineer. When a tree is removed within the public right-of-way, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole backfilled and the material compacted. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition. (Ord. 471 § 4.18, 1973).

12.20.480 Maintenance of hedges, plantings, fences.

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 an encroachment is not maintained as specified in this chapter, the city engineer may direct that permittee or property owner to remove the encroachment and restore the right-of-way to its former condition, at the expense of the permittee or property owner. (Ord. 471 § 4.19, 1973).

12.20.490 Lawns.

Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into drainage ditches, gutters or other drainage facilities.

The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise. (Ord. 471 § 4.20, 1973).

12.20.500 Marking of streets, curb and sidewalks.

No person, without first having obtained a permit, shall solicit on a commercial or donation basis, to place, or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk, or curb; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this chapter. (Ord. 471 § 4.21, 1973).

12.20.510 Replacing curb where driveway not used.

Where a curb depression has been provided for a driveway to a residence or a business and such driveway is no longer needed or used as a driveway, the owner of the property or owner or operator of the business shall replace the driveway with new curb, gutter and sidewalk and repair any damage done to the adjacent sidewalk by use of such driveway. Such work shall be done in conformity with the requirements for the construction of curbs and sidewalks within the city. (Ord. 471 § 4.22, 1973).

12.20.520 Monuments.

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the city engineer to do so, the permission to be granted in conformance with requirements as set forth in specifications established by the city engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee. (Ord. 471 § 4.23, 1973).