Alhambra Municipal Code Ch. 13.36 Temporary Obstruction of Street Use

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The city of Alhambra.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city or his or her authorized representative.

OBSTRUCT. To use, occupy, create or maintain any obstruction.

PERSON. An individual, member of a firm, partnership or corporation.

PUBLIC PLACE. Any public street, highway, road, alley, sidewalk or public property.

('86 Code, § 13.36.010) (Ord. 3934, passed - - )

It shall be unlawful for any person to use, occupy or obstruct any portion of any public place in the city without first giving notice thereof to the Director of Public Works and procuring from such official a permit therefor issued subject to the provisions of this chapter.

('86 Code, § 13.36.020) (Ord. 3934, passed - - ) Penalty, see § 1.12.010

(A) Before issuing such permit, the Director of Public Works shall require payment of a non-returnable permit fee. In addition thereto, the permittee shall be required to pay an observation fee.

(B) The purpose of the observation fee is to defray the expenses incurred by the city in connection with the project for, but not limited to, inspecting, supervising, completing, cleaning up and/or making safe the work.

(C) The amount of the fees set forth in division (A) above shall be set by resolution of the City Council.

('86 Code, § 13.36.030) (Ord. 3934, passed - - )

Upon the presentation of proof satisfactory to the Director of Public Works that the applicant must use or occupy a particular portion or portions of a public place and upon payment of the fees required by § 13.36.030 hereof, the Director of Public Works shall thereupon issue a permit for such occupancy. Such permit shall specify the name of the person to whom issued, the public place to be used, and the particular portion or portions thereof to which such permit shall apply. No such permit shall be transferable, and such permit shall be issued subject to all of the applicable provisions of Titles 2, 3, 5, 6, 9, 11, 13, 17, 19 and 20 of this code.

('86 Code, § 13.36.040) (Ord. 3934, passed - - ) Penalty, see § 1.12.010

Every person creating or maintaining any obstruction in any public place in the city shall place and maintain warning and/or safety lights at and upon each obstruction, in an arrangement approved by the Director of Public Works, from sunset of each day to sunrise of the day following. Such lights shall be so maintained until the obstruction shall have been removed from such public place.

('86 Code, § 13.36.050) (Ord. 3934, passed - - ) Penalty, see § 1.12.010

(A) Every person creating or maintaining any obstruction or obstructions in any portion of any public place or removing any portion thereof pursuant to this chapter shall replace all such portions of such public place, including all the asphalt and concrete street work affected thereby, in the same or better condition as existed prior to such use, occupancy or obstruction, and shall thoroughly clean the area.

(B) Upon the failure of any permittee to do so, the Director of Public Works may replace such portions of the public place in such condition or do such cleaning as is necessary, and bill the permittee for the cost thereof.

('86 Code, § 13.36.060) (Ord. 3934, passed - - ) Penalty, see § 1.12.010

Prior to the issuance of a permit hereunder by the Director of Public Works, the applicant shall furnish to the city a certification that applicant has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount an amount to be set by City Council resolution. The evidence of insurance filed with the city shall include a statement by the insurance carrier that 30 days' written notice will be given to the city before any cancellation of coverage.

('86 Code, § 13.36.070) (Ord. 3934, passed - - )

Any person obstructing any public place in the city shall at all times while such obstruction is maintained, keep at the place of such obstruction the original permit issued by the Director of Public Works or a true and correct copy thereof, and shall on demand by any responsible city employee exhibit the same.

('86 Code, § 13.36.080) (Ord. 3934, passed - - ) Penalty, see § 1.12.010

The provisions of this chapter shall not apply to street construction performed either by a governmental agency or a private contractor under contract for the same with the city or any other governmental agency.

('86 Code, § 13.36.090) (Ord. 3934, passed - - )