Atascadero Municipal Code Art. 1 General Provisions and Definitions

This chapter is known and may be cited as the "Encroachment Ordinance." The provisions of this chapter shall operate as a supplement to all applicable State of California Code sections concerning encroachments on city streets. In the event of conflicting provisions between this chapter, the Municipal Code of the City and the State of California Codes, the most restrictive shall prevail.

(Ord. 332 §2, 1997; Ord. 438 § 4, 2004)

The following words and phrases shall hereinafter apply in this chapter. Any identified term used in any definition or generally in this chapter shall have the meaning hereinafter described for that term:

"Actual cost"

means the amount required to be paid to the City or any agent of the City for work done by the City or its agent to correct, amend, re-do, or perform work on behalf of a permittee by the City or its agent and shall include all administrative, construction, equipment, materials, interest, appreciation and/or depreciation, labor or other costs incurred by the City or its agent in performing such work.

"Applicant"

means any person, firm, partnership, association, corporation, company, entity or organization of any kind who proposes to encroach upon a public place, right-of-way, street, or private property if governed by this chapter, and who has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

"Base course"

means that portion of the paved structural section located between the pavement and the native soil.

"Blanket permit"

means any permit issued to a public agency, public utility, or state water agency which covers all encroachments made by such entity in the City.

"City"

means the City of Atascadero.

"City Council"

means the City Council of the City of Atascadero.

"Code"

means the Municipal Code of the City unless otherwise defined in the text where it is used.

"Department"

means the Department of Public Works of the City.

"Driveway"

means that point of vehicular ingress or egress to private property where it meets the prescribed or legal public right-of-way and shall include, but not be limited to, that portion of the right-of-way between the private property line and curb, or between the private property line and the right-of-way pavement if no curb exists.

"Encroachment"

means and includes any landscaping, obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, mailbox, entry monument, or any structure or object of any kind or character not particularly mentioned in this chapter which is placed on, in, along, under, over or across a public place, right-of-way or street, including any excavation on, in, along, under, over or across said public place, right-of-way or street. This subsection does not apply to the temporary use of a street for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole line of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes.

"Encroachment work"

means the work of constructing, placing or installing an encroachment.

"Engineer"

means the Director of Public Works and/or the City Engineer of the City, or the designee of either or both.

"Excavation"

means any opening in the surface of a public place, right-of-way or street made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, right-of-way or street the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place, right-of-way or street. The term shall also include any excavation on private property which removes or imperils the lateral support of a public place, right-of-way or street.

"Height"

means that dimension measured in a vertical line from the level surface upon which an object stands to the highest protrusion of the object measured.

"Landscaping"

as used herein means any ornamental vegetation which will have no greater height than three feet at maturity.

"Native soil"

means material in its natural state.

"Newly renovated street"

means any street which has been capped, overlaid, or sealed within the three years immediately preceding the application for a permit to encroach.

"Overhead structures"

means any improvement, other than franchise utility poles and their facilities, extending over a public place, right-of-way or street, including canopies but excluding such projections from buildings as are so excepted and enumerated in the Uniform Building Code or other codes which may have been or may be adopted by the city.

"Pavement"

means the surfaced portion of a right-of-way or street structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds.

"Permittee"

means any applicant to whom a permit for an encroachment is granted by the City.

"Persons"

means any individual, corporation, association, public or quasi-public agency and other legal entities.

"Public"

means all persons as defined by this chapter other than the City and includes the United States and the State of California.

"Public place"

means any facility, street, structure, right-of-way, colony road or other improvement owned and/or maintained by the City and used by the Public.

"Right-of-way"

means any colony road, or any land or interest therein which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for, or dedicated to, the city for use by the public and shall include, but not be limited to, slopes, walls, other roadway supports, roads, street systems, private or paper roads, and all other thoroughfares open to the public. For purposes of this chapter a "paper road" means a road or colony road which is unbuilt or partially unbuilt.

"Section"

means a section of this code unless some other ordinance or statute is expressly cited.

"State"

means the State of California.

"Street"

means any highway street, way, sidewalk or other public place in the incorporated territory of the City, either owned by the City, used by the public pursuant to prescriptive rights, or dedicated to the public for the purpose of travel by vehicles or pedestrians including colony roads. "Street" includes all, or any part of, the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for street purposes.

"Vehicle"

means a vehicle or combination of vehicles as described in the California Vehicle Code.

"Vehicle Code"

means the California Vehicle Code in effect at the time of issuance of the permit.

"Width"

means that distance across a public place, right-of-way, colony road or street measured at a right angle from one side of the public place, right-of-way or street to the other side.

"Colony road"

means all roads, streets, boulevards and lanes shown on the map of the Atascadero Colony recorded with the San Luis Obispo County Recorder, Book 3AC.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

Unless the provisions or the context otherwise require, the general provisions, rules of construction, and definitions contained herein shall govern the construction of this chapter.

(Ord. 332 §2, 1997; Ord. 438 § 4, 2004)

This chapter shall not apply to:

(a) Any officer, agent or employee of the City. Work performed by any person under contract with, or at the request of, the City is exempt from the fee and security requirements of this chapter.

(b) Any governmental or quasi-governmental agency during an emergency, when such officer, agent, employee of such governmental or quasi-governmental agency is acting in the discharge of official duties.

(c) Any officer or employee of the Atascadero Mutual Water Company acting in the discharge of their designated duties. Outside contractors performing work for the Atascadero Mutual Water Company shall not be exempt from the requirements of this chapter.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

Any time the masculine "he," "him" or "his" are used they are deemed to include the feminine "she" or "her" or "hers" respectively.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

Except as otherwise noted, the rules and regulations in this chapter shall be those established by Ordinance No. 332, adopted on July 22, 1997.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)