Berkeley Municipal Code Ch. 16.16 Street and Sidewalk Use Permits

*For building and construction provisions generally, see Title 19 of this code.

For private contracts for street work, see Ch. 16.20 of this code.

No person, firm or corporation shall place or store upon any street or sidewalk any materials, appliances or other equipment required or used for any work done under a building permit or any public works permit, or work for which a building permit or any public works permit is required, or haul or carry any such materials, appliances or equipment over any sidewalk area, or operate on any public street any overweight or overwidth vehicle, or any vehicle with an overheight, overweight or overwidth load, without first obtaining a permit therefor from the Public Works Department. (Ord. 4543-NS § 1, 1971; Ord. 4362-NS § 1 (part), 1968; Ord. 4111-NS § 1, 1965)

The provisions of this chapter shall not apply to public utilities or public agencies performing public service in laying down pipes or conduits for gas, water, telephone, electricity, telegraph, fire alarms, steam messenger or other public utility services. (Ord. 4111-NS § 13, 1965)

Permit fees will be as set forth in the public works master fee schedule, as adopted by resolution of the City Council. (Ord. 5936-NS § 1, 1989; Ord. 5478-NS § 1 (part), 1982; Ord. 5355-NS § 1 (part), 1981; Ord. 5275-NS § 1 (part), 1980; Ord. 5177-NS § 1 (part), 1979; Ord. 5073-NS § 1 (part), 1978; Ord. 4543-NS § 2, 1971; Ord. 4111-NS § 1.1, 1965)

For any work performed, wholly or in part, or for the operation on any public street of an overheight, overweight or overwidth vehicle or any vehicle with an overheight, overweight or overwidth load, without first having secured the permit required by the provisions of this chapter, the person, firm or corporation having performed such work or operated such vehicle shall pay a permit fee which shall be five times the permit fee provided by this chapter, and an inspection charge five times the inspection charge provided by this chapter. (Ord. 4362-NS § 1 (part), 1968; Ord. 4111-NS § 12, 1965)

A. The Director of Public Works may suspend any permit issued under the provisions of this chapter when reasonably necessary for the public convenience or safety as the result of conflict with:

1. Public construction work being performed under contract;

2. Major public maintenance operations;

3. Emergency requirements of any public agency, or as the result of a public disaster, such as, fire, flood or earthquake.

B. The Director of Public Works shall give the permittee seventy-two hours’ written notice of such suspension and order to clear the public right-of-way; provided, however, that in the case of an emergency, no notice shall be required. In the event of an emergency, or if the permittee fails to clear the public right-of-way as ordered, the Director of Public Works may clear the public right-of-way or cause it to be cleared, and the costs thereof shall be paid by the permittee or other responsible party. Such costs, if not paid upon demand, shall be deducted from the moneys which have been deposited, or shall be paid by the surety company on its bond, if a surety bond has been filed in lieu of the required deposit. (Ord. 4111-NS § 11, 1965)

The person, firm or corporation obtaining such permit as required by Section 16.16.010 hereof shall agree to indemnify and hold harmless the City and its officers and employees from any and all claims arising from, or out of, the said placing, storing, hauling or carrying of the said materials, appliances or other equipment, or the operation on any public street of any overheight, overweight or overwidth vehicle or any vehicle with an overheight, overweight or overwidth load. (Ord. 4362-NS § 1 (part), 1968; Ord. 4111-NS § 2, 1965)

As a guaranty to the City that such materials, appliances or other equipment so placed or stored on any street or sidewalk will be cleaned of all dirt, sand and debris of any kind to the satisfaction of the Director of Public Works, and will be removed therefrom immediately upon the completion of such work, or at such time prior thereto when, in the judgment of said Director of Public Works, the public interest or convenience will be best subserved thereby, said person, firm or corporation shall deposit with the Public Works Department, for each permit issued under the provision in this chapter, an amount as set forth in the public works master fee schedule, as adopted by resolution of the City Council. (Ord. 5936-NS § 1, 1989; Ord. 5355-NS § 1 (part), 1981; Ord. 4111-NS § 3, 1965)

In lieu of the deposit required by this chapter, a surety bond in the amount as set forth in the public works master fee schedule, as adopted by resolution of the City Council, may be filed with the Public Works Department, conditioned as a guaranty to the City that all costs for which any person, firm or corporation shall be liable, as in this section provided, will be paid upon demand therefor by the Director of Public Works. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. Said bond shall be approved as to form by the City Attorney. (Ord. 5936-NS § 1, 1989; Ord. 5355-NS § 1 (part), 1981; Ord. 4111-NS § 10, 1965)

All moneys deposited as required by this chapter shall be held as a guaranty to the City that all streets or sidewalks where said materials, appliances or other equipment are placed or stored or the sidewalk areas or curbs over which the same are hauled or carried will, if damaged thereby, be immediately restored to the same good order and condition as existed before such placing, storing, hauling or carrying, and as a further guaranty against damage to any plants, shrubs or trees located on City property caused by such placing, storing, hauling or carrying of said materials, appliances or other equipment. (Ord. 4111-NS § 4, 1965)

In the event that such materials, appliances or other equipment are placed on any streets or sidewalks contrary to the provisions of this chapter, or are not removed immediately upon completion of the work or when ordered by the Director of Public Works to be removed prior to such completion, or are not cleaned of all dirt, sand or other debris to the satisfaction of the Director of Public Works, within forty-eight hours after notice by them is posted on the premises in front of which said materials, appliances or other equipment are placed or stored, requiring removal thereof or any part thereof, the Director of Public Works shall proceed with the removal thereof, and the cost of such removal, if not paid upon demand, shall be deducted from the moneys which have been deposited, or shall be paid by the surety company on its bond, if a surety bond has been filed in lieu of the required deposit. (Ord. 4111-NS § 5, 1965)

In the event of damage to the street, curb or sidewalk, or to plants, shrubs or trees located in the public right-of-way, a notice ordering the necessary repair or construction shall be posted by the Director of Public Works in the same manner as provided in Section 16.16.100 hereof, and if such damage is not repaired or rectified to the satisfaction of the Director of Public Works within forty-eight hours after the posting of such notice, the Director of Public Works shall proceed with such work as may be required to satisfactorily repair or rectify said damage, and the cost thereof, if not paid upon demand, shall be deducted from the moneys which have been deposited, or shall be paid by the surety company on its bond, if a surety has been filed in lieu of the required deposit. (Ord. 4111-NS § 6, 1965)

When all materials, appliances or other equipment have been removed from the streets and sidewalks, and all damage to streets, sidewalks, curbs, plants, shrubs or trees has been repaired or rectified, all to the satisfaction of the Director of Public Works, the Director of Public Works shall refund the deposits required by this chapter, or such portion or portions thereof then remaining, upon the surrender of the deposit receipts representing the moneys deposited as guaranties. Should the cost of any work performed by the Director of Public Works or at their direction exceed the total amount of money deposited, the person, firm or corporation from whom said deposits were money deposited, the person, firm or corporation from whom said deposits were required shall be held liable for the cost of any and all repair and removal which is in excess of the amount deposited, and it shall be the duty of claims which is in excess of the moneys deposited. (Ord. 4111-NS § 9, 1965)

Field inspections will be made by the City to assure that the permittee is maintaining a right-of-way for the public, both in the sidewalk and in the street areas.

The inspection charge shall be paid at the time the permit is issued and shall be based on the City’s estimate of the time required for inspection service and the permittee’s estimate of time for completion of all work, including cleanup and clearing the public right-of-way. If the work is unfinished at the expiration of the time estimated by the permittee, the permittee shall then deposit additional inspection fees based on the revised estimate of time for completion of work. Such charge, if not paid, shall be deducted from the surety company on its bond, if a surety bond has been filed in lieu of the required deposit.

A permit fee in the amount as set forth in the public works master fee schedule, as adopted by resolution of the City Council, shall be charged for any overheight, overweight or overwidth vehicle or any overheight, overweight or overwidth load being operated on any public street. An hourly charge for inspection services (one hour minimum) shall be made for inspection of any overheight, overweight or overwidth vehicle with an overheight, overweight or overwidth load being operated on any public street; such fee shall be doubled for inspections on Saturday, Sundays, and holidays. (Ord. 5936-NS § 1, 1989; Ord. 5478-NS § 1 (part), 1982; Ord. 5355-NS § 1 (part), 1981; Ord. 5275-NS § 1 (part), 1980; Ord. 5177-NS § 1 (part), 1979; Ord. 5073-NS § 1 (part), 1978; Ord. 4362-NS § 1 (part), 1968; Ord. 4111-NS § 8, 1965)

In the event that materials, appliances or other equipment placed upon the streets or sidewalks in connection with work done under a building permit or public works permit or work for which a building permit or public works permit is required become a hazard to public safety or constitute a public nuisance, the Director of Public Works shall immediately, upon discovery of such hazard or public nuisance, commence to correct or cause to be corrected the condition or conditions causing the hazard or public nuisance, or cause the permittee or other responsible party to correct the condition causing the hazard or public nuisance if able to correct immediately and to the satisfaction of the Director of Public Works. Such correction may be undertaken by the Director of Public Works, without notice, if they reasonably consider it to be in the public interest so to do. The cost of such correction shall be paid by the permittee or other responsible party upon demand of the director of public works, and if not paid upon demand, shall be deducted from the moneys which have been deposited, or paid by the surety company on its bond, if a surety bond has been filed in lieu of the required deposit. The costs for which payment shall be made shall include labor, equipment, overhead, supervision, engineering, inspection, and the cost of any public work delayed by reason of the existence of such hazard or public nuisance. (Ord. 4111-NS § 7, 1965)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 1 (part), 1986; Ord. 4111-NS § 14, 1965)