Clayton Municipal Code Art. IV Regulations

The permittee in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall 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 what 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.

(Ord. 37, 1965)

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 fifty-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 removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed two hundred (200) and four hundred (400) feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

(Ord. 37, 1965)

The warning signs, lights and other safety devices shall conform to the requirements of Vehicle Code § 21406 and of any sign manual issued by the Department of Public Works of the state of California.

(Ord. 37, 1965)

Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the traveled way, the permittee shall notify the city engineer.

Before starting work on which an inspector is required, the permittee shall notify the city engineer twenty-four (24) hours in advance of beginning such work.

(Ord. 37, 1965)

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 this section and the work is accepted by the city engineer.

(Ord. 37, 1965)

If the work, use or encroachment authorized in the permit issued pursuant to 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 said notice, the city engineer shall take such action as may be necessary to correct the drainage at the expense of the permittee.

(Ord. 37, 1965)

All work or use shall be planned and executed to cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized. At no time shall a public highway be closed or its use denied the general public without the written permission of the city engineer, nor shall use of private property be interfered with unreasonable without the consent of the owner.

(Ord. 37, 1965)

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 the public street at the place of work to the same condition existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstruction, impediments, material or rubbish caused or placed upon 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 public street to a safe and usable condition.

(Ord. 37, 1965)

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 above. The permittee shall, upon notice from the city engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of said work, plus fifteen percent (15%) as administrative costs. By acceptance of the permit, the permittee agrees to comply with this section and Section 12.04.340.

(Ord. 37, 1965)

If any future construction, reconstruction, or maintenance work by the city on a public right-of-way requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right-of-way, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense provided, however, that this provision, shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located shall be used for usual street purposes and not as a freeway, and this provision shall cease to apply when such street shall become a freeway. When removal, relocation or abandonment is required, the city engineer shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed, relocated or abandoned. If said permittee fails to comply with said instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.

(Ord. 37, 1965)

All work done under a permit issued pursuant to this chapter shall conform to specifications established by the city engineer, or in the absence of established specifications to recognize standards of construction and approved practices in connection with the work to be done. All work shall be done subject to the supervision of and to the satisfaction of the city engineer.

Unless otherwise noted on the permit, all encroachment repair work performed on any public street or right-of-way under the jurisdiction of the city shall conform to the construction specifications contained in the current edition of the Standard Specifications of the state of California, issued by the Department of Public Works, Division of Highways, as may be amended by resolution by the city council.

(Ord. 37, 1965)

No material shall be stored within a public street, unless otherwise approved by the city engineer. 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 carried forward unless otherwise approved by the city engineer.

(Ord. 37, 1965)

Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.

(Ord. 37, 1965)

The minimum cover over any and all pipes or conduits larger than two and one-half (2½) inches installed within the right-of-way shall be three (3) feet of earth or imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of three (3) feet shall be measured from the surface, existing or planned. The city engineer is authorized to permit installation of pipes or conduits where three (3) feet of cover cannot be provided because of topography, structures, or other engineering necessity.

(Ord. 37, 1965)

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.

(Ord. 37, 1965)

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

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

C. The permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least five (5) feet of poles when ordered by the city engineer.

D. When a pole, guy, stub, or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted.

(Ord. 37, 1965)

When the location or position of a pole or other obstruction make 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 of California at the expense of the permittee.

(Ord. 37, 1965)

When authorized by a permit issued under Section 12.04.140 to move a vehicle or combination of vehicles or load of dimension, weight, or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a public street, including:

A. Posted signs or notices which limit speed or direction of travel;

B. Weight which may be placed on a structure;

C. The width or height that may be moved; or

D. Other restrictions or control of travel on a public street.

The permittee at all times shall 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 street over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

(Ord. 37, 1965)

All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes.

(Ord. 37, 1965)

Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the city engineer. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees in a neat, healthy, and safe condition to the satisfaction of the city engineer, and an agreement to remove the trees as directed by the city engineer and to pay the cost of removal on the permittee's failure promptly to remove the trees on direction of the city engineer. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the city engineer.

(Ord. 37, 1965)

All trees placed in the right-of-way shall be maintained by the permittee or his successor in interest or by some other interested party in a neat, healthy, and safe condition to the satisfaction of the city engineer and at no expense to the city. If the encroachment is not located or maintained as specified in Section 12.04.460, the city engineer may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee. If the permittee fails promptly to remove the encroachment as directed, the city engineer shall have the right to remove it and collect the cost of removal from the permittee, together with all of the city's costs and expenses in enforcing collection.

(Ord. 37, 1965)

The city engineer shall refuse to issue a permit authorizing the planting of trees in the right-of-way when in his judgment the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or maintenance of necessary facilities, or interfere with existing pipelines, utility installations, or other facilities lawfully placed within the right-of-way.

(Ord. 37, 1965)

Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this chapter so that the shapeliness of the tree may be preserved.

(Ord. 37, 1965)

An application for removal of a tree will be approved and permit issued only when a necessity for removal exists. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two (2) feet below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

(Ord. 37, 1965)

No hedge, shrub, or other planting whatever, fence or similar structure shall be planted, erected, or maintained in a right-of-way where there is a potential to impair or impede pedestrian or vehicular traffic without a permit.

(Ord. 319, 1995)

No 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 will 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.

(Ord. 37, 1965)

The permittee, or the owner of the property, shall maintain any hedges, trees, shrubs, walls, fences, or similar structures erected for landscaping purposes as follows:

A. All fences, walls or other similar structures abutting the public right-of-way shall be kept in a good condition and state of repair.

B. No trees, shrubbery, or plants shall be permitted to grow into, on, over, or obstruct in any manner, any public right-of way (including, but not limited to sidewalks), street light, street sign, or traffic safety sign where it impairs pedestrian or vehicular traffic. Any obstruction or impairment shall constitute a safety hazard and is subject to immediate removal. There shall be a minimum of eight (8) feet of vertical clearance between the sidewalk and any plantings that overhang the sidewalk. There shall be a minimum of ten (10) feet of vertical clearance between the street and any plantings that overhang the street.

(Ord. 319, 1995)

Other provisions of this chapter notwithstanding, it is lawful for a person, firm, or corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass or type not otherwise prohibited by law within the right-of-way without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way not into the drainage ditches, gutter, or other drainage facilities.

(Ord. 37, 1965)

The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The city may use the planted area for any purpose and may issue a permit to any applicant to go on the planted area to perform work or otherwise encroach under this chapter. If the lawn or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise.

(Ord. 37, 1965)

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 into or over adjacent street, sidewalk or driveway areas.

(Ord. 37, 1965)

It is unlawful for any person, without first obtaining a permit, to solicit on a commercial or donation basis, to place, or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk, or curb; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this chapter.

(Ord. 37, 1965)

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

(Ord. 37, 1965)

Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits, or similar structures, shall maintain accurate and complete maps of such facilities. The city engineer shall be furnished, at no cost to the city, information regarding location, size, and character of such facilities, either by sketcher or maps, as may be necessary from time to time.

(Ord. 37, 1965)