Article I

General Provisions and Definitions – Permit Required

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer, or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise. (Ord. 10-1987 § 2, 2010)

For purposes of this chapter, the following terms shall have the prescribed meanings attached to them, unless the context clearly indicates otherwise:

• A. "Base course" means that portion of the highway located between the pavement and the native soil.

• B. "City" means the city of Covina.

• C. "City council" means the city council of the city of Covina.

• D. "Director" or "director of public works" means the director of public works of the city of Covina.

• E. "Driveway" means that portion of the highway between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

• F. "Emergency repairs" means those repairs that are necessary when a vital infrastructure service has been damaged, compromised, or has failed resulting in a loss of service or constituting a hazard to public safety.

• G. "Encroachment" means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for cable television, wired telephone or electric power purposes.

• H. "Excavation" means any activity in which earth, rock, asphaltic concrete, cement, or other material in or on the ground is moved or otherwise displaced by means of manual or mechanical tools, equipment, or explosives and shall include grading, trenching, digging,

1. For statutory provisions regarding construction of sidewalks, see Streets and Highways Code §§ 5870 – 5895.54; for provisions regarding repair of sidewalks, see Streets and Highways Code § 5600 et seq. For statutory provisions authorizing cities to require removal of encroachments from public ways, see Government Code § 38775; for provisions regarding abandoned excavations, see Government Code § 50230.Prior history: 1964 Code §§ 23.11 – 23.22; Ords. 95-1796, 1382, 1394 and 1600.

ditching, drilling, augering, tunneling, scraping, and cable, conduit or pipe plowing or driving.

• I. "Facilities" or "pipelines" means pipes, pipelines, pipe coatings and encasements, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, obstructions and other apparatus, both aerial and underground.

• J. "Hazardous substance" means one having the potential for explosion, fire, poisoning, or other immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, or chlorine, and natural gas transported at pressures greater than 60 psi.

• K. "Height" means that dimension measured from the level surface upon which a vehicle stands to the highest protrusion in a vertical line.

• L. "Highway" means any public highway, public street, median, public alley, public sidewalk, public way or public place in the city, either owned by the city or dedicated to the public for the purposes of pedestrian or vehicular travel. The term includes all or any part of the entire width of public right-of-way, and above and below the same, whether or not such entire width is actually used for highway purposes.

• M. "Native soil" means the compacted native material.

• N. "One-call notification system" or "systems" means an association providing for mutual receipt of notification of construction activities in the city.

• O. "Overhead structure" means any structure, other than utility facilities authorized by state or local franchise, extending over the dedicated portion of the highway, including canopies but excluding such projections from buildings as may be enumerated in the building code set out in CMC Title 14.

• P. "Overload" means any object or thing which, when transported by a vehicle or combination of vehicles over, upon, along or across any highway would be required to have a special permit in accordance with the provisions of the Vehicle Code, and includes but is not limited to any house, vessel, machine, equipment, transformer, tree, girder, boat or airplane.

• Q. "Overload moving contractor" means any person who, for himself or for another, moves or causes to be moved any overload over, upon, along or across any highway.

• R. "Overload vehicle" means a vehicle or combination of vehicles as described in the Vehicle Code which:

  1. Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or
  • Is so laden that it is required to have such special permit.

• S. "Pavement" means the surfaced portion of the highway which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

• T. "Permittee" means a person issued a permit pursuant to this chapter and performing work pursuant to said permit.

• U. "Person" includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any county, any city, and all departments and divisions thereof except this city.

• V. "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular traffic.

• W. "Section" means a section of the ordinance codified in this title unless some other ordinance or statute is specifically mentioned.

• X. "Shall" is mandatory; "may" is permissive.

• Y. "Vehicle Code" means the state of California Vehicle Code in effect at the time of issuance of a permit.

• Z. "Width" means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being or is to be moved.

• (Ord. 18-04 §§ 1, 2, 2018; Ord. 10-1987 § 2, 2010)

Every person, except as otherwise provided in this chapter, is required to obtain a permit from the director before:

• A. Moving or causing to be moved over, along or across any highway any overload or overload vehicle;

• B. Making or causing to be made any excavation or encroachment in any highway;

• C. Placing, changing, renewing or abandoning a facility or encroachment;

• D. Placing, planting or replanting any tree, sapling, bush, shrub, foliage or other material of similar nature in, over or along any highway;

• E. Placing, constructing or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;

• F. Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility;

• G. Constructing, reconstructing or repairing any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

• H. Placing or leaving any impediment to travel upon any highway. (Ord. 10-1987 § 2, 2010)

Notwithstanding the provisions of CMC § 11.08.030, pavement cutting and excavation within the city shall be prohibited as follows:

• A. After any street has been constructed, reconstructed, or paved by city forces, under a city contract or under an encroachment permit, no pavement cutting or excavation will be permitted for a period of five years after the construction has been accepted by the city council. This prohibition shall include asphalt overlays, pavement reconstruction, pavement rehabilitation, and new pavement construction.

• B. After any street has been slurry sealed or chip sealed by city forces, under a city contract or under an encroachment permit, no pavement cutting or excavation will be permitted for a period of three years after the construction has been accepted by the city council.

• C. The director of public works or city engineer may grant an exemption to the prohibitions set forth in subsections (A) and (B) of this section in order to facilitate new development on adjacent properties, work mandated by the city or a state or federal agency, provide for emergency repairs to subsurface facilities, provide for underground service connections to adjacent properties, or allow for the upgrading of underground utility facilities.

• D. Pavement restoration work under an exemption shall comply with the city's "street cut restoration requirements"; however, the director of public works or city engineer may determine that alternative restoration requirements are appropriate due to circumstances unique to the excavation site.

• (Ord. 18-04 § 3, 2018)

• A. Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall immediately stop work and apply for such permit.

• B. Nothing in this chapter prohibits any person from maintaining, by virtue of law, ordinance or permit, any facility or encroachment in any highway, or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit no later than the next business day.

• (Ord. 10-1987 § 2, 2010)

Whenever the provisions of this chapter require a permittee to perform any work, take any action or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter, whether such person obtains such permit or not.

(Ord. 10-1987 § 2, 2010)

The permittee shall make the permit available for inspection by the director or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for overload moving must be in or on the overload vehicle or combination of overload vehicles to which it refers.

(Ord. 10-1987 § 2, 2010)

Article II

Application for Permit – Permit Issuance – Fees and Costs – Permit Denial and Revocation – Billing for Costs

Application for a permit shall be made in writing to the director, on the forms provided by the director. The director may make such reasonable changes or additions to any application as are necessary to implement the provisions of this chapter.

(Ord. 10-1987 § 2, 2010)

An applicant for a permit shall state in the application: name, address, and such other information as is required by this chapter or by the director as he may reasonably require to determine compliance with this chapter.

(Ord. 10-1987 § 2, 2010)

• A. On each application the applicant or his agent shall sign a statement agreeing to indemnify, defend and hold harmless the city and each officer, official, agent and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the applicant's activities pursuant to the permit applied for.

• B. Every application shall also contain a statement, signed by the applicant or his agent, that if any facility or encroachment placed in the excavation or the facility or encroachment for which a permit is issued interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the director such facility or encroachment. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement.

• (Ord. 10-1987 § 2, 2010)

• A. If, in the opinion of the director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require the application be accompanied by the necessary plans, which plans shall be prepared by a licensed or certified engineer.

• B. Each applicant for an excavation or encroachment permit shall file with the application a plat showing the highways in which the proposed excavation, facility or encroachment will be placed, together with the exact location and dimensions of the proposed excavations, or the specifications and characteristics of the facility or encroachment, together with any other details which the director reasonably requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records.

• C. Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under the terms and conditions prescribed by the director. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed, and indicating its exact location.

• (Ord. 10-1987 § 2, 2010)

The director may require evidence to be submitted with the application that any proposed overhead structure or encroachment will not create a hazard of any kind to persons or property. (Ord. 10-1987 § 2, 2010)

• A. If the applicant complies with every applicable provision of this chapter and any other applicable ordinances and statutes, the director shall issue to the applicant a written permit to perform the work set forth in the application, unless the director finds that issuance of the permit will constitute a hazard to public health, safety or welfare.

• B. The director may deny a permit when the work authorized by the permit or such portions thereof is included in the proposed work to be done by any proposed assessment district for which proceedings have been initiated by the city council.

• C. The director may revoke a permit if the activity therein permitted is not commenced within the time specified in the permit, unless said date is extended by the director.

• D. The director may revoke a permit if the permittee fails to comply with any applicable provisions of this chapter or the conditions established for the permit.

• E. The director shall notify a permittee of the director's decision to deny or revoke a permit and the reason for the denial or revocation. The notice shall be provided to the permittee by personal service, by first class mail or by facsimile machine to the address or facsimile number provided on the permit on file with the public works department. Notices made pursuant to this subsection shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail.

• F. Upon any permit revocation, the permittee shall immediately restore the highway to the director's satisfaction. If the permittee fails to do so, the director may restore the highway at the expense of the permittee or charge the costs against any security posted by the permittee with the city.

• (Ord. 10-1987 § 2, 2010)

The decision of the director may be appealed as provided in Chapter 11.54 CMC. (Ord. 10-1987 § 2, 2010)

Each permit shall specify the time the permit shall expire and the permit shall become null and void on the date so specified unless the director extends the time. The director may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(Ord. 10-1987 § 2, 2010)

Blanket permits, renewable annually, may be issued for multiple activities or work subject to the compliance with all applicable provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the director due to the permittee's activities.

(Ord. 10-1987 § 2, 2010)

Permits issued under this chapter are nontransferable to other persons, projects or locations. (Ord. 10-1987 § 2, 2010)

• A. All persons, except as otherwise specified in this chapter, shall pay an issuance fee prior to receipt of a permit. The issuance fee shall be established from time to time by resolution of the city council. The following shall be exempt from paying the issuance fee: the United States, the state of California, all departments of the city, and all departments of the county of Los Angeles.

• B. The director may waive the permit issuance fee if the director finds that the work is to be done under contract with the city in connection with proposed public works.

• C. At the request of a permittee who maintains with the director adequate security, as provided in this chapter, and to whom 10 or more permits have been issued monthly for three consecutive months, the director may waive the requirement for prepayment of issuance fees, and bill said permittee for issuance fees covering permits issued subsequent to such request. The director may revoke such billing arrangements at any time.

• (Ord. 10-1987 § 2, 2010)

• A. Unit fees for highway permit inspection costs shall be established from time to time by resolution of the city council and shall be payable prior to issuance of a permit. If no such unit fees are set by resolution, the unit fees shall be based upon the estimated cost for such inspection.

• B. The director may issue a permit without any highway permit inspection fee if the permittee furnishes evidence to the director that a qualified governmental agency inspector outside the city will inspect the work and ensure that the work will comply with minimum standards required by this chapter.

• C. If the governmental agency inspector fails to make the inspection pursuant to subsection (B) of this section or fails to file evidence as required with the city, the director may inspect the work and the permittee shall pay the actual cost for such inspection.

• (Ord. 10-1987 § 2, 2010)

The permittee shall also be liable for and shall pay for all the director's costs related to the following:

• A. Engineering, which includes design, survey and tests;

• B. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;

• C. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

• D. The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic striping and markings, and any other expenses for traffic control;

• E. The cost of removing or remedying any hazardous condition;

• F. The cost of tree trimming;

• G. Any other costs to the city caused by the permittee's activity. (Ord. 10-1987 § 2, 2010)

Whenever in the provisions of this chapter any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public.

(Ord. 10-1987 § 2, 2010)

• A. The director shall bill the permittee for all fees and costs chargeable under this chapter.

• B. If, within 30 calendar days after a bill has been sent, the permittee does not pay same in full, such amount may be deducted from any deposit or security made by the permittee pursuant to CMC § 11.08.220 through 11.08.240. If the deposit or security is insufficient to pay the amount due, the city may pursue collection of the remaining amount due by all means at law or equity.

• C. The director may deny issuance of further permits to the permittee and may hold any deposits or security of the permittee as long as any bill remains unpaid by the permittee.

• (Ord. 10-1987 § 2, 2010)

Article III

Deposits and Security

• A. As a condition to issuance of a permit, every permittee, unless exempt by this chapter or other applicable law, shall be required to provide a cash deposit or other adequate security, as determined by the director, to guarantee payment of all fees and charges due under this chapter. The amount of the deposit or security shall be sufficient to recover all costs of any nature which the director estimates will be incurred if the permittee does not fulfill its permit requirements.

• B. A cash deposit or other adequate security is not required in the case of construction under contract with the city where a faithful performance bond is posted or other surety is deposited and assigned to the city which guarantees to the city the repair of the highway, including construction financed in whole or in part by special assessments.

• (Ord. 10-1987 § 2, 2010)

A cash deposit may be in the form of a special deposit for each permit, or in the form of a general deposit to be maintained as security for all the permits issued to a permittee, including for blanket permits. If a permittee maintains a general cash deposit, it shall be with the understanding that the permittee will pay all bills sent by the director for work covered by this chapter. (Ord. 10-1987 § 2, 2010)

In lieu of a general cash deposit, the director may accept from a permittee other types of security as specified below:

• A. Surety Bond. The director may accept a surety bond on a form supplied by the director and executed by an "admitted surety insurer" authorized to make, guarantee or become a surety upon bonds by the state of California. The bond shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the said surety bond.

• B. Insurance. As security on overload moving permits only, the director may accept a certificate of insurance and endorsement on the standard forms provided by the director. Such certificate and endorsement shall show that an insurance policy of not less than $2,000,000 has been issued to the applicant and is in full force and effect, and in which policy the insurer directly agrees to reimburse the city for all sums due it from the permittee for damage to highway facilities.

• C. Additional Securities. The director may require additional security to be filed with the city in the event that he reasonably determines the original security filed with the city has become insufficient to pay all fees and other charges required by this chapter.

• (Ord. 10-1987 § 2, 2010)

• A. The remainder of any deposit, if there is any remainder, shall be refunded to the permittee making such deposit once the director is satisfied that all work pursuant to a permit has been satisfactorily completed and that the permittee is not liable for any further fees, costs or charges with regard to said work.

• B. Any deposit made for highway inspection fees or any other unit fees may be refunded if it was erroneously collected or if the work was not constructed by the permittee.

• (Ord. 10-1987 § 2, 2010)