Anaheim Municipal Code Ch. 12.12 Obstructions to Public Right-of-Way

Sections:

* Prior ordinance history: Ords. 215, 345 and 1146.

.010 It shall be unlawful for any person, firm or corporation to excavate or perform any construction within, obstruct in any manner, or place any temporary, portable or permanent structure or device within, any public right-of-way or easement, including any right-of-way or easement, including but not limited to, any street, alley, sidewalk, or public utility easement (hereinafter “public street”), unless such person, firm or corporation possesses a written permit from the Director of the Public Works Department (hereinafter “Director”). For purposes of this chapter, said permit shall be referred to as a right-of-way construction permit, regardless of whether such permit relates to excavation, construction or obstruction in the public right-of-way. The provisions of this section shall not apply to any person, firm or corporation undertaking emergency repairs to existing facilities, when said person, firm or corporations complies with the provisions of Section 12.12.070 of this chapter.

.020 The provisions of this section shall not apply to:

.0201 Any person, firm or corporation undertaking emergency repairs to existing facilities, when said person, firm or corporation complies with the provisions of Section 12.12.070 of this chapter;

.0202 Any temporary traffic control device or measure erected, placed or maintained, or any traffic control activity undertaken, by an officer or employee of the City of Anaheim in the performance of such person’s official duties;

.0203 Any temporary street closure for a block party as approved by the Traffic and Transportation Manager, or any other obstruction or street closure approved or authorized pursuant to any other provision of this Code, or any policy or regulation adopted by the City Council;

.0204 Any vehicle stopped, standing or parked upon any public street, which vehicle is authorized for use upon a public street pursuant to the California Vehicle Code, and which vehicle is stopped, standing or parked in compliance with all applicable provisions of this Code and the California Vehicle Code;

.0205 Any refuse receptacle or other device during the period such device is authorized to be placed or located within a public right-of-way pursuant to any provision of law; or

.0206 Any person on a sidewalk or pedestrian path within the public right-of-way engaged in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit issued by the City of Anaheim pursuant to Chapter 4.52 of this Code.

.030 Notwithstanding any other provision of this Code, the first violation of any provision of this section by any person within any twelve-month period shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and California Government Code. The second and all subsequent violations of this section by said person occurring within any twelve-month period, whether such violation is of the same or a different provision of said section, shall be punishable as a misdemeanor.

(Ord. 5582 § 1 (part); November 19, 1996; Ord. 5942 § 2; September 28, 2004: Ord. 6449 § 4; November 11, 2018.)

.010 Application for a permit shall be made in writing to the Director. The application shall describe with specificity the location of the proposed excavation or obstruction. A detailed plan of the proposed work shall be included, except in the case of the operation and maintenance of existing facilities. The application shall identify the authority by which the applicant is entitled to locate facilities in the public street. The application shall be signed by the applicant or the authorized agent of the applicant.

.020 Upon receipt of an application, the Director shall:

.010 Determine whether additional information is required and request such information of the applicant.

.020 Determine the applicability of, and the amount of the fee imposed by, Section 12.12.040.

.030 Determine the amount of the deposit required by Section 12.12.050.

.040 Determine the amount of the security required by Section 12.12.060.

.050 Determine any conditions necessary to protect the public and property.

(Ord. 5582 § 1 (part); November 19, 1996; Ord. 5855 § 31; April 29, 2003.)

.010 Upon receipt of the fees and deposits and the posting of the security, the Director is authorized to issue the right-of-way construction permit subject to such conditions as the Director shall impose to protect the public and property, including conditions set forth on the permit form. The permittee shall retain the permit at the site of the work and present it to City personnel upon demand.

.020 Public utilities approved by the Director may obtain right-of-way construction blanket permit for minor work. The right-of-way construction blanket permit shall expire one year from the date of issuance. The cost of the blanket permit shall be as established by the City Council. Detailed plans shall not be required for work performed under a blanket permit.

.030 "Minor work" includes cable location and repair; construction modification or abandonment of service connections; maintenance or operation of existing facilities; installation of protective and electrical disconnection equipment; and similar minor work in local streets and easements. Construction or replacement of distribution or transmission facilities, work within arterial highways (as shown on the City General Plan), or other work not included as minor work may not be performed under a blanket permit.

.040 Public entities may request a preliminary evaluation to complete the review process and obtain permit requirements for inclusion in contracts the public entities may undertake or award. The contractor or public entity shall secure a right-of-way construction permit prior to undertaking the work. The fee for the right-of-way construction permit shall include the cost to the City to prepare the preliminary evaluation. (Ord. 5582 § 1 (part); November 19, 1996.)

No right-of-way construction permit shall be issued until the applicant has paid the fee for said permit. The amount of the fee shall be established by resolution of the City Council. (Ord. 5742 § 1; November 14, 2000.)

Prior to issuance of a permit, a deposit in an amount sufficient to cover the estimated cost of plan review and inspections shall be made. The Director may, in the case of a public utility holding a blanket permit, upon receipt of a written promise by the utility to pay such fees, permit the public utility to pay such fees on not more than a quarterly basis. No subsequent blanket permit shall be issued to a public utility until fees for the prior quarter have been paid. (Ord. 5582 § 1 (part); November 19, 1996.)

A cash deposit, bond, or other security (approved by the City Attorney) in an amount determined by the Director shall be paid or posted to cover damage to City property, as indemnity for damages sought by third parties, or to complete work left unfinished by the permittee. Any such security shall be approved as to form by the City Attorney. By acceptance of the permit, the permittee does indemnify the City of Anaheim, its officers and employees against any and all liability, excepting liability arising through the sole negligence of the City, its officers and employees arising from the work undertaken within the City right-of-way. The security shall be further conditioned upon the compliance by the permittee with all provisions of this chapter and any applicable laws. Any permit issued shall contain provisions referring to these conditions. Public utilities which have posted a bond as a condition of a franchise to occupy City of Anaheim streets shall be exempt from the provisions of this section. (Ord. 5582 § 1 (part); November 19, 1996.)

Except for emergency work, not less than twenty-four hours prior to commencing any work, the permittee shall notify the Department of Public Works Field Engineer. All work shall be performed subject to the inspection of the Field Engineer and shall comply with this chapter, all applicable laws, and any guidelines adopted by the Director. Emergency work may be performed without complying with this section provided that an application for a permit for the work shall be filed within forty-eight hours of commencement of the work. The Field Engineer shall be notified of the emergency work at the earliest possible time. (Ord. 5582 § 1 (part); November 19, 1996.)

After commencement of work, the work shall be prosecuted with due diligence to completion, and in a manner so as not to obstruct any street or travel thereon more than is necessary. If the work is not so prosecuted, or if the work does not, in the judgment of the Director, comply with the terms of this chapter, the Director shall notify the permittee, in writing, and require the permittee, within such time as allowed by the Director, to take such corrective measures as may be determined by the Director. Upon failure of the permittee to undertake such corrective measures, the Director may complete or cause to be completed, at the expense of the permittee, whatever work is necessary to restore the street, alley, sidewalk, or easement. No notice to the permittee shall be required when, in the judgment of the Director, a hazard to the public exists. (Ord. 5582 § 1 (part); November 19, 1996.)

The permittee shall be deemed and held to warrant all work for the period of one year after completion against all defects in workmanship or materials. Whenever within said period any public improvement so warranted becomes in need of repairs, by reason of any defect in workmanship or material, the Director shall serve on the permittee written notice of the necessary repairs and the time to complete such repairs. If compliance with the notice is not had, the Director is authorized to repair or cause to be repaired such defects at the expense of the permittee. (Ord. 5582 § 1 (part); November 19, 1996.)

.010 The Director shall deduct the cost of all inspection and plan review and the cost of any work done and repairs made by or at the order of the Director pursuant to Section 12.12.080 and Section 12.12.090, from any of the permittee's deposits. The balance of such deposits shall be refunded to the permittee. If the deposit is insufficient, the Director shall take such steps as may be necessary to recoup the amount of the insufficiency. The City may apply any other funds of the permittee to recoup the insufficiency.

.020 The calculations of the Director as to the cost of any work done or repairs made by the City under the provisions of this chapter shall be final and conclusive.

.030 The Director shall keep an accurate account of all fees paid, refunds made, the name of the payor/payee, and the date and amount of each payment. (Ord. 5582 § 1 (part); November 19, 1996.)

.010 A right-of-way construction permit shall expire after the later of the date set forth in the permit or sixty days if the work has not commenced. In the event of expiration of a permit prior to commencement of work, a new permit shall be secured before work may proceed.

.020 A preliminary evaluation shall expire after the expiration of the later of one year or the time set forth in the evaluation, if a right-of-way construction permit has not been issued. (Ord. 5582 § 1 (part); November 19, 1996.)

.010 The Director may revoke a right-of-way construction permit:

.010 Immediately, when the work is being done in a manner inimicable to public health or safety.

.020 After written notice to the permittee of any violations of law or requirements or conditions of the permit (which do not pose an immediate danger to the public health or safety) if the permittee shall fail to remedy the violation within the time specified in the written notice. (Ord. 5582 § 1 (part); November 19, 1996.)

Notwithstanding any provision of this Code, the Director of Public Works may, at his or her sole discretion, waive any fee or deposit otherwise required by this Chapter relating to a permit for the repair or reconstruction of any public sidewalk provided that all such work is (1) performed in accordance with all applicable provisions of this Chapter and (2) performed solely at the cost of the party undertaking such work. (Ord. 5742 § 2; November 14, 2000.)