Bakersfield Municipal Code Ch. 12.12 Street Use Permits

Sections:

1. Deposit of Building Materials

12.12.010 Permit—Required. 12.12.020 Permit—Application and deposit requirements. 12.12.030 Permit—Term—Extension. 12.12.040 Permit—Display on demand. 12.12.050 Permit—Conditions for granting or revocation. 12.12.060 Permit—Subject to rights of city and public service corporations. 12.12.070 Deductions from deposit for purposes of inspection charges. 12.12.080 Red warning lights required. 12.12.090 Completion of work—Removal of material—Failure to comply—Charge against deposit. 12.12.100 Superintendent’s decision as to cost made final and conclusive. 12.12.110 Deposited materials—Removal or wetting down requirements. 12.12.120 Deposited materials—Distance requirements from fire hydrants and railway tracks. 12.12.130 Deposited materials—Mortar, plaster or lime prohibited on paved surfaces. 12.12.140 Moving buildings or structures upon streets. 12.12.150 Permits for use of subsidewalk space.

1. Deposit of Building Materials

It is unlawful for any person, firm or corporation to deposit or maintain, or to cause or permit to be deposited or maintained any building material of any kind whatsoever, or any debris from any building or excavation, in or upon any public street, alley or other public place without first applying for and receiving a permit in writing from the superintendent of streets of the city to do so and making a deposit to cover the cost of inspection, and of restoring such public street, alley or other public place to its original condition, together with the incidental expenses in connection therewith as provided in this section through Section 12.12.160. (Prior code § 12.20.010)

The superintendent of streets before issuing any such permit shall require a written application therefor, stating the name, residence or business address of the person, firm or corporation making such application, the name of the street, alley or other public place, and the location and area in and upon such street, alley or other public place that a permit is desired to deposit and maintain building material or debris from any building or excavation and a deposit by such applicant with the superintendent of streets of three cents per square foot of surface of every such street, alley or other public place which has been macadamized or paved; a deposit of two cents per square foot of surface of every such street, alley or other public place which has been graveled or oiled; and a deposit of one cent per square foot of surface of every such street, alley or other public place which has neither been macadamized, paved, graveled or oiled, upon which any such building material or debris is deposited or maintained; provided, that no deposit shall be less than two dollars and fifty cents. (Prior code § 12.20.020)

Every permit for depositing or maintaining building material or debris from any building or excavation in or upon any public street, alley or other public place under the provisions of Sections 12.12.010 through 12.12.160 shall become and be void within sixty days from the date of the issuance of such permit; provided, however, that the superintendent of streets may extend the time of any such permit. Any such extension shall not exceed sixty days. (Prior code § 12.20.120)

It is unlawful for any person, firm or corporation holding any permit issued pursuant to the provisions of Sections 12.12.010 through 12.12.160 to fail, refuse or neglect to keep such permit at all times at the place where such building material or debris is deposited upon a public street, alley or other public place or to fail, refuse or neglect, upon demand therefor, to exhibit such permit to the superintendent of streets or to any of his inspectors or to any public officer. (Prior code § 12.20.110)

A. Every permit granted for the depositing or maintenance of any such building material or debris in any public street, alley or other public place shall be granted upon the condition that the person, firm or corporation to whom the same is granted shall conform in every respect to the provisions of Sections 12.12.010 through 12.12.160 .

B. In case of a violation of any provisions of Sections 12.12.010 through 12.12.160 by any person, firm or corporation, the permit issued by the superintendent of streets to such person, firm or corporation may be revoked by the said superintendent of streets; and if such permit is so revoked it is thereafter unlawful for such person, firm or corporation to deposit or maintain, or to cause or permit to be deposited or maintained, any such building materials of any kind whatsoever or any such debris at the location specified in such revoked permit. (Prior code § 12.20.050)

Every permit for depositing or maintaining building material or debris from any building or excavation in or upon any public street, alley or other public place under the provisions of Sections 12.12.010 through 12.12.160 shall be granted subject to the right of the city or any other public service corporation entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may lawfully be used. (Prior code § 12.20.130)

A. The superintendent of streets shall deduct from the deposit made for depositing or maintaining any such building material or debris from any building or excavation, in or upon any public street, alley or other public place, under the provisions of Sections 12.12.010 through 12.12.160 , a sum equal to three-fourths cent per square foot of surface of any such public street, alley or other public place which has been paved or macadamized; one- half cent for each square foot of surface of any such public street, alley or other public place, which has been graveled or oiled; and one-fifth cent for each square foot of surface of any such public street, alley or any public place which has neither been paved, macadamized, graveled or oiled, upon which any such building material or debris is deposited or maintained, to cover the cost of inspecting such public street, alley or other public place; provided, that any such deduction for such inspection shall not be less than fifty cents in the aggregate for maintaining any such building material or any debris from any building or excavation in any such public street, alley or other public place pursuant to one permit.

B. The balance of each deposit, after the deductions provided for in Sections 12.12.010 through 12.12.160 have been made, shall be returned to the person, firm or corporation entitled thereto. (Prior code § 12.20.030)

It is unlawful for any person, firm or corporation depositing or maintaining, or causing to be deposited or maintained any building material of any kind whatsoever, or any such debris in any public street, alley or other public place, to fail, refuse or neglect to display and maintain a red light at each end of each pile of such material or debris during the whole of each night from one hour before sunset until one hour before sunrise. (Prior code § 12.20.040)

comply—Charge against deposit.

A. It is unlawful for any person, firm or corporation depositing or maintaining, or causing or permitting to be deposited or maintained any building material of any kind whatsoever, or any such debris, in any public street, alley or other public place, to permit any such material or debris to remain in such street, alley or place for a period of five days after the completion of the construction, alteration, repair or demolition of the building in front of which such material or debris is deposited or maintained, or to fail, refuse or neglect for such period of five days to place such street, alley or other place in as good a condition as the same was in prior to the depositing of such material or debris therein.

B. Upon the failure of such person, firm or corporation for such period of five days to remove such material, or debris, or to place such street, alley or other public place in as good a condition as the same was in prior to the depositing of such material or debris therein, the superintendent of streets shall proceed to do such work, or to cause the same to be done, and shall deduct the cost of any such work from any and all deposits then on hand belonging to or that may thereafter be made by such person, firm or corporation. (Prior code § 12.20.060)

The decision of the superintendent of streets as to the cost of any work done or repairs made by him or her or under his or her direction pursuant to the provisions of Sections 12.12.010 through 12.12.160 shall be final and conclusive as to such cost. (Prior code § 12.20.070)

It is unlawful for any person, firm or corporation, to store or keep any material taken from any excavation, or any debris or other material taken from any building, upon any public street, alley or other public place, or to fail, refuse or neglect to remove the same from day to day as the same is produced, or to fail, refuse or neglect to wet any dry debris or rubbish or any material that will produce dust, so as to prevent the same from being blown by the wind, whether such debris, rubbish or other material is in, over or upon any public street, alley or other public place or is in the course of removal from a building or excavation. (Prior code § 12.20.100)

and railway tracks.

It is unlawful for any person, firm or corporation to deposit or maintain, or to cause or permit to be deposited or maintained, any building materials of any kind whatsoever, or any debris from any building or excavation, in or upon any public street, alley or other public place within twenty-five feet of any fire hydrant, or in or upon any public street, alley or other public place except upon the same side of such street, alley or other public place as that upon which a building is in actual course of construction, alteration, repair or demolition, and immediately in front of the premises on which such building is in course of construction, alteration, repair or demolition; or to permit any such material or debris to remain in any public street or other public place within twenty-five feet of any fire hydrant, or in any public street or other public place in which there is a railway track, in such manner that any portion of such material or debris is within four feet of the nearest rail of such railway track, or in any public street or other public place in which there is no railway track, in such manner that any portion of such material or debris extends more than one-fourth of the distance from the curb on the side of the street or other public place upon which such material or debris is deposited to the curb on the opposite side of such street or place, or in any alley in such manner as to prevent the passage of teams and vehicles, or in or upon any public street or other public place in such manner that any portion of such material or debris obstructs the gutter space in such street or other public place. (Prior code § 12.20.080)

paved surfaces.

It is unlawful for any person, firm or corporation to mix, make, place or pile, or to cause to permit to be mixed, made, placed or piled, or to permit to remain any mortar, plaster or lime, or any similar substance or mixture, upon the surface of any paved public street, alley or other public place, or to cause or permit the same to remain at any place in such a manner that the same will fall or leak upon the surface of any such paved public street, alley or other public place. (Prior code § 12.20.090)

A. When a building or other structure is to be moved along any public street or alley, it is necessary to obtain from the superintendent of streets, a permit for such removal along any public street or alley before such removal can be commenced. The person applying for such permit shall deposit with the superintendent of streets, fifty dollars. The permittee, by the acceptance of such permit, agrees to put the streets over which such removal is made, in as good order and condition as they were prior to such use, and agrees to clean up and remove all debris deposited thereon by reason of such use, otherwise to forfeit to the city the said deposit, in addition to all damages, for which he may be the cause, and for which he may be liable or responsible.

B. All removals made under such permits shall be done in a careful manner and shall be prosecuted with diligence, and shall be under the superintendence and control, and to the satisfaction and approval of the superintendent of streets.

C. No person, firm or corporation owning or having charge of the removal of any building through the public streets, shall permit such building to be or stand on any street, lane, alley or public grounds within the limits of one block for a longer period than twenty-four hours, nor shall they permit the same to obstruct any street car line in operation, by cutting wire, except between the hours of one a.m. and five a.m.

D. When the cutting of any wires, or temporary removal of any pole or poles of any public or private telegraph, telephone, electric light, or any other wire, passing along or over any other street, lane or alley becomes necessary for the removal of any building, the person in charge of such removal shall, at least six hours in advance of reaching the same, notify the person or persons having charge of and control over such wire or wires, and the person so notified shall cause such wires to be promptly cut or removed and replaced, after being first paid or tendered the reasonable cost and expense thereof; provided, however, that in every case in which the cutting of wires belonging to the city, may be necessary, the superintendent of streets shall be notified, and he or she shall have the wires cut and replaced, the person or persons having charge of the removal of the buildings, paying the entire cost and expense of cutting, removal and replacing of the same. (Prior code § 12.20.140)

Permits for the use of subsidewalk space shall be granted only by the city council and such applications and permits therefor must be made upon blanks and subject to such regulations as the city council may require.

A. The city reserves the right to control the place of deposit of all subsidewalk excavations and to revoke the permit at the pleasure of the council.

B. The material excavated from subsidewalk construction belongs to the city and upon demand of the superintendent of streets must be deposited where he or she may designate.

C. No fee will be exacted for such permit but the city reserves the right to suspend or annul the privilege of maintaining the cellar or vault created by such excavation, or to exact a license or rental for the use thereof, and in either event, the city reserves the right to apply such sidewalk space or any portion thereof to municipal purposes.

D. The granting of such permit shall carry the right to excavate the space and to build the necessary retaining walls therefor.

E. As a guaranty for the proper restoration of any portion of the roadway fronting the premises bordering on the sidewalk area to be excavated and for the restoration of the sidewalk, curbing or gutter thereon which may be disturbed or injured by reason thereof or by the construction of any part of a building or structure, there shall be deposited with the superintendent of streets for each and every front foot or fraction thereof of the premises in front of which it is to be made, the sum of two dollars and fifty cents, when the street in front thereof is paved with a permanent pavement; and the sum of one dollar and fifty cents per front foot or fraction thereof when such street is graded and oiled.

F. In case the said street, sidewalk, curbing or gutter so disturbed or injured, is not restored, the superintendent of streets shall, after five days’ notice posted upon or near the building or structure on said premises, restore the same and pay the cost thereof out of said deposit.

G. When the work has been completed and all damage to said roadway, sidewalk, curbing or gutter has been repaired to the satisfaction of the superintendent of streets, said deposit or such portion thereof that may not have been so used by him or her therefor shall be refunded. (Prior code § 12.20.150)

A. Any person, firm or corporation failing to perform any duty prescribed in Sections 12.12.010 through 12.12.150 , or violating any of the provisions of Sections 12.12.010 through 12.12.150 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine in the sum not exceeding three hundred dollars, or by imprisonment in the County Jail of the county for a period not exceeding ninety days or by both such fine and imprisonment.

B. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by subsection A of this section. (Prior code § 12.20.160)