Ceres Municipal Code Ch. 02 Construction in Public Rights-of-Way

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

City property includes any publicly owned building, structure, or park; or any public street, right-of-way, alley, sidewalk or walkway.

Encroachment includes any structure or object of any kind or character placed, without the authority of law, either in, on, under or over any street or City property. The term "encroachment" also includes any work or action which requires the issuance of an encroachment permit pursuant to sections 12.02.020 and 12.02.030.

Street includes all or any part of the entire width of right-of-way of a City street, whether or not such entire area is actually used for street purposes.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It is unlawful for any person, firm or corporation to construct or cause to be constructed on any public street within the City, or to remove or cause to be removed from any such public street within the City, any sidewalk, curb, gutter, or driveway without first obtaining a permit therefore and the payment of the fees and deposits as provided in this chapter, unless the sidewalk, curb, gutter or driveway shall have been ordered constructed or removed by the City.

Adequate safeguards for the public for construction on city streets shall include, but are not limited to, maintenance of barricades and warning illumination on the work site by the person doing the work at all times. The adequacy of the safeguards required shall be determined by the City Engineer.

(Ord. No. 2020-1057, § 2, 3-23-2020)

An applicant for encroachment permit shall furnish, in addition to information otherwise required under this Code, such other information as the City Engineer shall find reasonably necessary to the determination of whether a permit should be issued in accordance with this chapter.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Permits for the construction of sidewalks, curbs, gutters, or driveways shall be issued by the City Engineer on forms provided therefor. The City Engineer shall issue a permit hereunder when he or she finds:

A. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, or the means of egress and ingress of the affected property and adjacent properties;

B. That the health, welfare, and safety of the public will not be unreasonably impaired; and

C. That no more than 40 percent of the curb frontage within any block shall be used for curb cuts for driveways.

(Ord. No. 2020-1057, § 2, 3-23-2020)

An applicant may appeal the decision of the City Engineer concerning the denial or revocation of a permit to the City Manager. An applicant appealing the decision of the City Engineer in accordance with the appeal procedures set forth under title 1.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Permits for the removal of sidewalks, curbs, gutters or driveways not to be replaced shall be issued only upon approval of the City.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Fees for installing and deposits for removing sidewalks, curbs, gutters and driveways shall be adjusted from time to time by a resolution of the City Council. In the event the required repairs or replacements are not completed within 30 days after notification by the City Engineer or his or her authorized representative, the funds deposited to assure the completion shall be declared forfeited in favor of the City and credited to the general fund.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Installation of all sidewalks, curbs, gutters, and driveways shall be under the direction and supervision of the City Engineer and must be constructed to the lines and grades established under his direction and in accordance with the standard plans and specifications on file in the office of the City Engineer, reference to which is hereby made for further particulars.

B. The City Council may, by resolution or ordinance, adopt such modifications of standard plans and specifications as to such streets so recommended by the Planning Commission which the City Council shall determine to be in the best interests of the City and the streets shall be improved as provided by resolution or ordinance so adopted by the City Council.

C. The Planning Commission may, from time to time, consider the development of public streets within the City, other than streets in new subdivisions, and other than those mentioned in this chapter, and recommend to the City Council such modifications of standard plans and specifications as may be appropriate for such streets in order to preserve existing street trees or other existing improvements and to best serve the interests of orderly development of streets within the City.

The City Council may, by resolution or ordinance, adopt such modifications of standard plans and specifications as to such streets so recommended by the Planning Commission which the City Council shall determine to be to the best interests of the City and the streets shall thereafter be improved as provided by resolution or ordinance so adopted by the City Council.

(Ord. No. 2020-1057, § 2, 3-23-2020)

On public streets having a right-of-way width less than the widths set forth in the City standards and/or lacking street improvements as given in the City standards, the issuance of a building permit shall be in accordance with title 15.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Whenever the installation of sidewalks, gutters, curbs or matching pavement is required pursuant to title 15, or other applicable law, and the City Engineer determines that it would be in the best interest of the City to postpone the construction of such improvements, the construction of the improvements may be postponed to some later date, provided that security for their construction is given as provided in this section.

B. Where improvements are postponed pursuant to this section, the City Engineer shall require that security be given to insure the construction of the improvements. The security may be in the form of a cash deposit, letter of credit, assignment of account, lien agreement on real property, or such other means as may be acceptable to the City Engineer and reasonably insures the completion of the improvements. The security shall be in an amount sufficient to cover the current estimated cost of the improvements as determined by the City Engineer and the amount of all security required pursuant to this section shall be an additional charge and shall not be included in any sums paid pursuant to section 12.02.070.

C. The City Council may approve by resolution forms for acceptance of cash deposits, letters of credit, assignments of account or lien agreements on real property which may be accepted and approved by the City Engineer.

D. The City Council may from time to time pass resolutions establishing guidelines to be followed by the City Engineer when determining whether improvements should be postponed pursuant to this section.

E. Appeals from a decision of the City Engineer may be taken by any person aggrieved, in a manner and form prescribed in title 1 and upon the payment of such filing fees as may be established by resolution of the City Council.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Violation of the provisions of this chapter is declared to constitute a nuisance. The City Engineer, Director of Public Works or other city official may abate or summarily abate any such nuisance in accordance with the provisions of title 19, and the City may recover its costs of abatement as provided in title 19.

B. The City Engineer, Director of Public Works or other city official, upon removal of any encroachment or other unlawful construction as found in this chapter, shall deposit such encroachment or construction items at the nearest convenient place of storage, where it shall remain at the expense and risk of the owner.

(Ord. No. 2020-1057, § 2, 3-23-2020)