Article 6 — REGULATIONS

The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, or its officers or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.

('66 Code, § 7-2.601) (Ord. 41-C-S, passed 2-7-68)

(A) The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to the provisions of this chapter, shall, at his own expense, provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchmen, 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 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.

(B) 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 is removed and the right-of-way made safe for use. Reflectorized warning signs conforming to the requirements of the Division of Highways of the state shall be placed 100 feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic, and on major streets additional similar signs shall be placed 400 feet in advance.

(C) The warning signs, lights, and other safety devices shall conform to the applicable requirements of the California Vehicle Code and of any sign manual issued by the Department of Public Works of the state.

('66 Code, § 7-2.602) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the City Engineer, the permittee may not:

(1) Obstruct more than one-half of the area used by vehicles;

(2) Obstruct a driveway approach on a developed property except that, with the permission of the occupant of the affected property, a driveway approach may be obstructed, when the permittee's

construction personnel are present, within 400 feet of the obstructed driveway; or

(3) Obstruct the area between the curb (or the shoulder if there is no curb) and the right-of-way line in such a way as to create a hazardous path for pedestrians.

(B) The use of flagmen shall he mandatory where the two-way vehicular traffic has less than 20 feet in which to pass or where vehicular traffic must pass to the left of dividing islands in passing the site of the encroachment.

(C) The permittee may be required to remove excavated material from the site of the encroachment as the material is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.

('66 Code, § 7-2.603) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) The Council may, from time to time, designate by resolution certain public streets to be Limited Operation Areas.

(B) The following acts shall be prohibited in Limited Operation Areas:

(1) Conducting construction operations between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 3:30 p.m. and 6:00 p.m.; and

(2) Obstructing more than one traffic lane between the hours of 7:00 a.m. and 10:00 p.m.; provided, however, in the event of emergency, the City Engineer may give permission to vary the

requirements of this section.

('66 Code, § 7-2.604) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) Notices to city. All notices required by this chapter to be given by the permittee to the City Engineer shall be given at his office at the City Hall, 212 H Street.

(B) Notices to permittee. Any notice to be given to the permittee shall be deemed to have been received by him upon mailing by certified mail to the address shown on the permit.

(C) Beginning of work. Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutter, or driveway approaches, planting, trimming, or removing trees, or making, placing, or causing an obstruction in the watercourse or traveled way, the permittee shall notify the City Engineer 24 hours in advance.

(D) Completion of work. 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 the provisions of this section and the work is accepted by the City Engineer.

('66 Code, § 7-2.605) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

If the work, use, or encroachment authorized in the permit issued pursuant to the provisions of this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the City Engineer. Should the permittee fail to properly care for drainage, the City Engineer shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving such notice, the City Engineer shall take such action as may be necessary to correct the drainage at the expense of the permittee.

('66 Code, § 7-2.606) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

It shall be incumbent upon the permittee to plan and execute the work or use so as to cause the least inconvenience to the general public and abutting property owners.

('66 Code, § 7-2.607) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) 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 such right-of-way or watercourse 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, materials, or rubbish caused or placed with or upon the watercourse or 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 watercourse or right-of- way to a safe and usable condition.

(B) Should the permittee fail to properly replace, repair, or restore the right-of-way or watercourse as described in this section, the City Engineer shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving such notice, the City Engineer shall take such action as may be necessary to correct the condition and may charge the costs of such corrective action to the permittee.

('66 Code, § 7-2.608) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

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 agrees to comply with the provisions of this section. The permittee shall, upon notice from the City Engineer, immediately repair any injury, damage, or nuisance in any portion of the right-of-way or watercourse resulting from the work done under the permit. In the event the permittee fails to act promptly, or should the exigencies of the injury or damage required repairs or replacement to be made before the permittee can be notified or can respond to the 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.

('66 Code, § 7-2.609) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) When any encroachment authorized by the provisions of this chapter is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the city, such encroachment shall, upon written demand of the City Engineer, be relocated in such a way as to eliminate the conflict, and such relocation shall be made at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee.

(B) The provisions of this section shall become inoperative when any right-of-way shall become a freeway and thus cease to be used for the usual street purposes, and the provisions of this section shall not apply to any public utility possessing a franchise from the city, which franchise, either by express provision or by statute, imposes a relocation obligation upon said public utility.

('66 Code, § 7-2.610) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

The City Engineer shall establish such standards and specifications as he may deem necessary for the proper construction, use, and maintenance of encroachments. Any work or use done pursuant to any permit issued under the provisions of this chapter shall conform to such standards and specifications. In the absence of specific standards and specifica-tions, recognized standards of construction or approved practices shall govern the work or use.

('66 Code, § 7-2.611) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

The City Engineer is authorized to make such inspections in person or through authorized subordinates as he may deem necessary in connection with permits issued under the provisions of this chapter. All work done or uses under such permits shall be under the supervision of, and to the satisfaction of, the City Engineer.

('66 Code, § 7-2.612) (Ord. 41-C-S, passed 2-7-68)

Unless otherwise approved by the City Engineer, no material shall be stored within the traveled way or on any sidewalk; excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work is carried forward.

('66 Code, § 7-2.613) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Pipes or rigid conduits two and one-half inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces unless otherwise specifically authorized in the permit. Under no circumstances shall tunneling be permitted.

('66 Code, § 7-2.614) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

The minimum cover over any and all pipes larger than two and one-half inches installed within the right-of-way shall be 36 inches of earth or imported materials measured from the top of the curb; where curbs are not level with respect to each other at any section drawn perpendicular to the center line of the pavement, cover shall be measured from a straight line drawn between the curbs at the section in question. The top of curb elevations shall be established by the City Engineer. Where the cover specified in this section cannot be maintained due to topography, existing structures, or engineering necessity, the City Engineer may permit a reduced cover, attaching such additional requirements as he may deem necessary for the protection of facilities or improvements in the right-of- way.

('66 Code, § 7-2.615) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Backfilling of an excavation shall be in accordance with specifications established by the City Engineer or as otherwise required by him, 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.

('66 Code, § 7-2.616) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

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

(B) Guy wires shall not be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground as prescribed in the rules, orders, and regulations of the Public Utilities Commission of the state.

(C) 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. Where such pole, brace, stub, or similar timber was located in an area paved with concrete, asphalt, or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the City Engineer.

('66 Code, § 7-2.617) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Any cuts made in exposed concrete sidewalk, curb, gutter, driveway, or paving shall be defined by a saw cut to a depth not less than one sixth the thickness of such concrete, to a maximum of one and one half inches. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the City Engineer. Cuts in asphalt paving shall be kept as straight and uniform as practicable. The City Engineer may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration.

('66 Code, § 7-2.618) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

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 Public Utilities Commission or the Department of Public Works of the state at the expense of the permittee.

('66 Code, § 7-2.619) (Ord. 41-C-S, passed 2-7-68)

(A) General.

(1) 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 shall first

be granted by the City Engineer as set forth in specifications established by the City Engineer, or as otherwise required by him.

(2) When authorized by a duly issued permit 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 laws regulating traffic over a public street, including, but not limited to, 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 which 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, and any violation thereof or of the provisions of this section shall cause a cancellation of the issued permit.

(3) Prior to commencing any move for which a permit is granted pursuant to the provisions of this section, the permittee shall give 48 hours written notice to all Police and Fire Department

authorities having jurisdiction.

(B) Building moving.

(1) Before a building may be moved into, from, or through the city, an encroachment permit shall be obtained therefor. Such building moving encroachment permit shall be issued only to a

contractor who has been licensed by the state to perform such work and, except in the case of a building passing through the city from one location outside the city to another location outside the city, only after the contractor has complied with one of the following requirements:

(a) In the case of a building to be placed in the city, a building permit shall have been issued by the Building Department to perform all necessary alterations or improvements to such building; or

(b) In the case of a building to the moved from a location in the city to a location outside the city, the applicant shall have filed evidence that he has obtained the consent or permission of the

jurisdiction into which the building is to be moved.

(2) The City Engineer may place such other conditions on a building moving encroachment permit and require the filing of such bonds and evidence of insurance as he may deem necessary,

subject to the conditions and based on the schedules, if any, adopted by resolution of the Council.

(C) Control of work.

(1) The moving of any vehicle, building, or object within, into, from, or through the city shall be done in a safe, workmanlike manner, subject to the approval of the City Engineer or at the direction

of the City Engineer.

(2) All routes and times of movement shall be approved in advance by the Chief of Police and the City Engineer.

(3) During the period from one-half hour after sunset to one-half hour before sunrise the vehicle, building, or object shall be lighted at 10 foot intervals along each end and side while on any public street or right-of-way.

(4) Pneumatic tires shall be the only means by which any vehicle, building, or object may be transported on any public street or right-of-way.

(5) No vehicle, building, or object may be on any public street or right-of-way for a period longer than 24 hours without the prior written approval of the Chief of Police and the City Engineer.

(6) The Chief of Police may, at his discretion, provide escorts in advance of the movement of vehicles, buildings, or objects while within the city.

(7) In the event of an emergency, as may be determined by either the Chief of Police, Fire Chief, or City Engineer, either may require that a vehicle, building, or object be re-routed or removed

immediately from any public street or right-of-way, regardless of whether it has reached its final destination or not.

('66 Code, § 7-2.620) (Ord. 41-C-S, passed 2-7-68; Am. Ord. 88-C-S, passed 5-14-69) Penalty, see §§ 1-2.01 et seq.

(A) Cement aprons. All driveway aprons shall be constructed of portland cement concrete within the road or street right-of-way.

(B) Business and industrial driveways. No driveway shall be of greater width than 50% of the actual lot frontage on any one street, nor more than 30 feet, whichever is the lesser. In case of more than one driveway in front of any property, the total width of driveways shall not exceed said 50% of frontage, and there shall be 20 feet, or a multiple thereof, of standard curb, gutters, and sidewalk between such driveways.

(C) Residential driveways. Single driveways shall not exceed 14 feet in width, and double driveways shall not exceed 21 feet in width between the tops of ramps at the end of driveways. No more than two driveways shall be permitted on any residential property 100 feet or under in width, and not more than one additional driveway for each 50 feet additional. Space between driveway, shall be 20 feet or multiples thereof.

(D) Exceptions.

(1) Wider driveways may be permitted upon the approval of the City Engineer and Chief of Police provided the applicant can show the following:

(a) That approval will not create a parking problem;

(b) That approval will not create a traffic problem; and

(c) That the nature of the use of the property is such as to absolutely require a wider driveway.

(2) All requests for exceptions shall be in writing.

(E) Replacement of curb and sidewalk at abandoned driveways.

(1) ABANDONED DRIVEWAY shall mean any driveway for which there appears to be no immediate reasonable use as such, or where the use or condition of the abutting property has been so

changed that the driveway is no longer needed.

(2) Any such abandoned driveway shall be removed and replaced with a standard curb, gutter, and sidewalk to fit the existing line and grade of the adjacent standard curb, gutter, and sidewalk

within 30 days after the driveway has become abandoned.

(3) Any driveway abandoned as defined in subdivision (1) of this division and not removed or reconstructed within 30 days after its abandonment shall justify the city in removing the driveway and

replacing it with standard curb, gutter, and sidewalk and charging the costs of restoring or replacing such curb, gutter, or sidewalk to the property owner.

('66 Code, § 7-2.621) (Ord. 41-C-S, passed 2-7-68; Am. Ord. 369-C-S, passed 7-27-78) Penalty, see §§ 1-2.01 et seq.

All mailboxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no mailbox shall be placed within the road right-of-way unless a permit to do so shall have been granted by the City Engineer under the provisions of this chapter.

('66 Code, § 7-2.622) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) Planting or erection.

(1) No tree, hedge, fence, shrub, or similar structure shall be planted, erected, or maintained in a watercourse or right-of-way without a permit.

(2) No tree, hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. 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 shall 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.

(B) Acceptable trees for street planting. All trees and shrubs planted in any public planting strip or other place on public streets shall conform as to specie, spacing, and location to the Schedule of Acceptable Trees for Street Planting issued by and approved by the City Engineer.

(C) Care and removal of trees and shrubs by city. The City Engineer or his duly authorized representative may cause to be trimmed, pruned, or removed any tree, hedge, shrub, plant, or vegetation in any public street, planting strip, or other public space or public easement when not in conformity with the provisions of this chapter or when endangering the use of public facilities.

(D) Abuse of trees and shrubs. It shall be a violation of the provisions of this chapter to abuse, destroy, or mutilate any tree, hedge, shrub, or plant in a public planting strip or in any public street, public easement, or public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place or planting strip, or to cause, permit, or allow any gaseous, liquid, or solid substance which is harmful to such tree to come in contact with its roots or leaves.

(E) Maintenance. The permittee, or the owner of the adjacent property, shall maintain the trees, hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this chapter, the City Engineer may direct the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.

(F) Lawns.

(1) Notwithstanding anything contained in this chapter 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; provided, however, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, gutters, or other drainage facilities.

(2) 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 the provisions of this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, the lawn will be removed and replaced by the permittee unless the permit specifically states otherwise.

('66 Code, § 7-2.623) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street, sidewalk, or driveway areas.

('66 Code, § 7-2.624) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevations of any public street or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the City Engineer to do so, such permission to be granted in conformance with the requirements set forth in specifications established by the City Engineer. Replacement of removed or disturbed monuments shall be at the expense of the permittee.

('66 Code, § 7-2.625) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits, or similar structures, under a permit granted pursuant to the provisions of this chapter shall maintain accurate and complete maps of the location, depth, size, and character of such facilities and shall furnish at no cost to the city copies of such maps to the City Engineer upon his demand.

(B) When deemed necessary, the City Engineer may require, before the release of any surety posted with the city, the filing with the City Engineer of any map or plans of any encroachment, as built or installed, in the form of a duplicate tracing or other appropriate material suitable for reproduction.

('66 Code, § 7-2.626) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Public service directional signs for churches, hospitals, and similar places of public use may not be erected, placed, or maintained without first obtaining a permit pursuant to the provisions of this chapter. The Council may, from time to time, adopt by resolution special regulations and fee schedules pertaining to encroachment by such signs.

('66 Code, § 7-2.627) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.