Covina Municipal Code § 11.08.010 Powers of deputies

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, 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:

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)