Chapter 52.01
GENERAL PROVISIONS FOR PUBLIC RIGHTS-OF-WAY
Sections:
52.01.030 Administration by City Engineer.
52.01.032 Other code requirements.
52.01.040 Work requiring City Council authorization.
52.01.050 Appeals from decisions of the City Engineer.
52.01.010 Purpose and intent.
It is the purpose and intent of this title to establish standards and requirements for public rights-of-way and improvements installed in such rights-of-way or on other City property and to provide for the orderly administration of public and private contract work in the public right-of-way or on other City owned property. (Ord. 1795)
52.01.020 Definitions.
Whenever the following words are used in this title they shall have the meaning ascribed to them in this section:
“City contract” means an agreement between the City and a contractor to perform work covered by this title.
“Civil engineer” means an engineer registered by the State of California to practice in the field of civil engineering.
“Contractor” means a contractor licensed by the State of California to do work covered by this title. A contractor may be authorized to act for a property owner in doing any such work.
“Encroachment” or “encroachment structure” means privately owned facilities or structures in the public right-of-way, or on other public property, constructed and maintained by a property owner or other private party.
“Franchise” means a special privilege granted privately owned companies to construct and operate utilities in public rights-of-way. A franchise may be granted by either the City or the State of California.
“Permit” means written authority for a private party to do public improvement or encroachment work in the public right-of-way or on other public property. Ordinarily, such a permit will be issued in accordance with the provisions of this title, but may upon occasion consist of other written authority, such as a subdivision improvement agreement.
“Permittee” means any person to whom a permit is issued.
“Private contract” means an agreement between a property owner or other private party and a contractor to perform work for which a permit is required by this title.
“Property owner” means the owner of real property which will be benefitted by public improvements or encroachments. A lessee or operator of a facility may act as the owner’s agent with respect to work covered by this title.
“Public improvement” means publicly owned works, structures or facilities, including construction thereof, in the public rights-of-way or on other City property designed for public use, safety, or general welfare and maintained by the City.
“Public property” means land owned in fee by the City or dedicated for public use.
“Public rights-of-way” means easements granted to the City or other governmental entity for street alleys or other public use. Also government land dedicated as public right-of-way. (Ord. 1625; Ord. 1465)
52.01.030 Administration by City Engineer.
The City Engineer shall administer and enforce provisions of this title pertaining to public improvements and encroachment work, and in discharging this responsibility the City Engineer shall:
A. Determine the extent, type and requirements of the work to be done, the kind of application and permit required and the fees applicable.
B. Upon application by qualified persons, issue permits for work when all applicable conditions established for such permits have been met.
C. Inspect all work done to ensure compliance with provisions of the permit and certify when such work is properly completed.
D. Fix the time for completion of the work when a permit is issued, and may, upon request of the permittee, and for good cause shown, extend the time for completion for a sufficient period which, in the opinion of the City Engineer, will enable the permittee to finish the work.
E. Cancel a permit, suspend work under a permit, or require the plans to be amended when it is in the interest of public health, safety or general welfare. A cancellation, suspension or modification of a permit may occur under, but not necessarily limited to, any of the following situations:
1. Upon request of the permittee.
2. When facts are not as presented by the permittee in the application.
3. When work as constructed or as proposed to be constructed creates a hazard to public health, safety or general welfare.
F. Take appropriate action to cause work covered by a permit to be completed when it has not been done within the allotted time period and a determination is made that it is in the public interest that the work be done in accordance with the provisions of the permit.
G. Cause all work covered by this title that is being done without a permit be stopped until a permit is obtained; or as an alternative, require that such work done without a permit be removed or corrected at the expense of the responsible persons.
52.01.032 Other code requirements.
When the nature of the work requested by an applicant is such that it is subject to other requirements of this code, or administrative regulations issued pursuant thereto, or affects the operations of any other department of the City, the City Engineer shall adhere to the other requirements and shall be governed by the recommendations of such departments in determining disposition of the application. Applications which are not in the interest of the public health, safety or general welfare or do not constitute a reasonable use of land as indicated by the existing zoning or approved land use plan shall be denied.
52.01.040 Work requiring City Council authorization.
Notwithstanding the provisions of CMC 52.01.030, the City Council may designate by resolution types or categories of improvement work which require specific authorization by the Council. For such projects the City Engineer shall submit the applications, together with recommendations thereon, to the City Manager for presentation to the Council. A permit subsequently issued for the proposed improvement shall be in accordance with the conditions established by the Council in its authorization of the work.
52.01.050 Appeals from decisions of the City Engineer.
In the event that an applicant is dissatisfied with a decision of the City Engineer relating to a permit required by this title, an appeal as provided herein may be directed to the City Council.
A. Appeals shall be filed in writing within 15 days following the action of the City Engineer to which exception is taken. Appeals shall be delivered to the City Clerk, and they shall state the nature and basis for the appeal.
B. The City Clerk, upon receipt of an appeal, shall place the matter on the Council docket for a hearing within 15 days or at the next succeeding regular Council meeting unless the appellant consents to a continuance.
C. At the hearing, Council shall receive testimony of the appellant and any other persons desiring to be heard in the matter. Upon conclusion of the hearing, unless the appellant and the Council mutually agree that additional time is needed for further consideration, the Council shall within 30 days declare its findings based upon the testimony and documents placed before it. The Council may sustain, modify, reject or overrule the recommendations or rulings of the City Engineer and shall make findings that:
1. The proposed work is (not) inconsistent with the State or local laws.
2. The proposed work, or deferment of the work, is (not) detrimental to the public health, safety and general welfare.
3. The work will (not) constitute an unreasonable use of the land as indicated by the existing zoning or approved land use plan.
4. The work, if required, will cause (no) unreasonable burden upon the property or its owner.