Daly City Municipal Code Ch. 12.08 Street Obstructions

No person, firm or corporation shall place, or cause to be placed, on any public right-of-way or property, or any portion thereof, in the city, any materials or appliances for use in the construction, alteration or repair of any building, or for any other purpose necessitating temporary occupancy of any portion of the public streets, without first obtaining a permit therefor from the department of public works. Such materials and appliances shall not occupy more than eight feet of the travelway of the street that is immediately adjacent to the curb nearest the property line, and not more than one-half of the width of the sidewalk (except where a temporary sidewalk is constructed), and shall be placed thereon under the direction and to the satisfaction of the department of public works, but in no case shall they be placed or caused to be placed within five feet of a railroad track.

This section shall not apply to emergency repairs or those repairs which can be done within the period of twelve consecutive hours, and the work is closed up at the end of said twelve-hour period.

(Ord. 762 § 4 (part), 1973: prior code § 25-50)

All materials intended for use in the permitted obstruction of streets shall be confined to and occupy only such portion of the street as the permit may designate, and all sand, dirt and other materials or debris of any kind shall be prevented from being blown or otherwise moved to any other portion of the street. No material of any kind shall be deposited in any gutterway of any street so as in any manner to obstruct the flow of water in same.

(Ord. 762 § 4 (part), 1973: prior code § 25-51)

A. The permittee shall be responsible for all claims and liabilities arising out of work performed under the permit or arising out of permittee's failure to perform the obligations with respect to street maintenance, warning devices or the use and occupancy of any sidewalk, street or sidewalk place by virtue of the permit. The permittee shall, and by acceptance of the permit, agree to defend, indemnify, save and hold the city, its officers and employees, harmless from and against any and all suits, claims or actions brought by any person for or on account of any bodily injuries, disease or illness or damage to persons and/or property sustained or arising in the construction of the work performed under the permit or in consequence of permittee's failure to perform the obligations with respect to street maintenance, warning devices or the use and occupancy of any sidewalk, street or sidewalk place by virtue of the permit.

B. The permittee shall file with the city a certificate of insurance, or self-insurability insurance coverage to the extent of one hundred thousand dollars and three hundred thousand dollars and property damage in the amount of fifty thousand dollars.

Said certificate shall also insure the city, its elective and appointive boards, commissions, officers, agents and employees, and shall further provide that said certificate cannot be cancelled without ten days' written notice given to the city.

C. In lieu of insurance, the permittee may, in the event that he is using an authorized debris box company, which debris box company files with the city evidence of insurability to the amounts required in this section, then request that the city engineer waive the provisions of subsection (B) of this section.

(Ord. 762 § 4 (part), 1973: prior code § 25-52)

The permits required by Section 12.08.010 shall be granted only to the owner or lessee (or agent of either) of the property in front of which the permit is to allow the obstruction to the public right-of-way, or to the public utility seeking to construct, modify, or make repairs to its utility, or to any licensed contractor performing work in connection with a public utility.

Every permit shall require the depositing by such owner, lessee or agent, with the city, a sum pursuant to the schedule of fees to be established by the city council by resolution. Said deposit shall guarantee to the city that the permittee will remove, or cause to be removed, all dirt, debris and materials of any kind from the street, roadway or sidewalk area, to the satisfaction of said department of public works. This removal shall be done immediately upon the completion of the construction, alteration or repair of the building, or within the time limit prescribed by the permit; provided, however, that if at any time prior thereto the department of public works declares that the public interest or convenience requires the removal of same, or any portion thereof, then the permittee shall promptly remove or cause to be removed such materials from such areas. Every permit granted as provided in Section 12.08.010, and every permit for temporary construction, shall be subject to such condition and guarantee.

(Ord. 762 § 4 (part), 1973: prior code § 25-53)

(Ord. No. 1366, § 2, 3-25-2013)

A person requesting a permit under this chapter may, in lieu of the deposit required by Section 12.08.040 deposit and maintain a bond in an amount equal to the cash deposit. A single bond may be maintained for all street obstruction permits within the city. The bond shall not be less than the aggregate amount required of all active street obstruction permits of five thousand dollars, whichever is greater. The form of the bond for faithful performance shall be such that the city may proceed against the permit holder and his sureties on the bonds immediately upon any default, without waiting for the completion of the cleanup and the accumulation of damages.

(Ord. 762 § 4 (part), 1973: prior code § 25-54)

Every applicant for a permit mentioned in this chapter, in addition to the nonrefundable fees required to be deposited with the city, shall at the time of making application pay to the city a nonrefundable fee, to be established by the city council by resolution. Such sums so received shall be deposited in the general fund of the city.

(Ord. 882 § 3, 1978: Ord. 762 § 4 (part), 1973: prior code § 25-55)

The department of public works shall prescribe in every permit granted under this chapter the time limitation of such occupancy, which shall in no event exceed twelve months for each permit.

(Ord. 762 § 4 (part), 1973: prior code § 25-56)

At the completion of the time described in the permit required by this chapter, the department of public works shall examine the area, and if the area has been cleaned up to its satisfaction and approval, and all rubbish and debris removed, it shall give such person a certificate to that effect.

(Ord. 762 § 4 (part), 1973: prior code § 25-57)

In the event that the obstruction referred to in this chapter is not cleaned up to the satisfaction and approval of the department of public works, it shall immediately give notice to the permittee concerning such fact. If the permittee fails to clean up the street within forty-eight hours, it shall not issue a certificate of approval, but shall at once proceed to have such street, sidewalk or curb put into such condition as shall meet with its approval. The city engineer shall certify such facts in written form to the city council, and shall certify the expense thereof to the city attorney.

(Ord. 762 § 4 (part), 1973: prior code § 25-58)

After work performed by any person under this chapter is not done and completed to the satisfaction and approval of the department of public works, the deposit or bond made by such person at the time of filing written application shall be for use of the city and as part payment for the damage thereby sustained by the city. The city attorney shall then, upon direction of the city council, commence suit in the name of the city against such person for the additional damage which the city may have sustained by reason of the incomplete performance of such work, including cost of engineering, attorney and court costs properly attributable.

(Ord. 762 § 4 (part), 1973: prior code § 25-59)

Each person having received a certificate of approval pursuant to this chapter shall be paid the amount of cash deposit to which he is entitled or be allowed to withdraw the bond on deposit with the city, not in lieu of an active permit under this chapter.

(Ord. 762 § 4 (part), 1973: prior code § 25-60)

It shall be unlawful for any person or legal entity to supply or to deliver, or to leave or rent debris boxes to be used in the city by a permittee unless a permit has been obtained by such person or legal entity.

(Ord. 977 § 1 (part), 1982)

Every person or legal entity required to have a permit pursuant to Section 12.08.120 shall pay a nonrefundable fee, in addition to the requirements of Title 5 of this code, to be established by the council by resolution.

(Ord. 977 § 1 (part), 1982)

Before any permit required by Section 12.08.120 is issued to the applicant, the applicant shall file with the city a certificate of insurance or self-insurability insurance coverage to the extent of one hundred thousand dollars and three hundred thousand dollars and property damage in the amount of fifty thousand dollars.

Said certificate shall also insure the city, its elective and appointive boards, commissions, officers, agents and employees and shall further provide that said certificate cannot be cancelled without ten days' written notice given to the city.

(Ord. 977 § 1 (part), 1982)

Every permit shall require the depositing by applicant with the city a bond in the sum of one thousand dollars to guarantee to the city that the applicant will remove, or cause to be removed, all dirt, debris and materials of any kind from the street, roadway or sidewalk area, to the satisfaction of said department of public works. This removal shall be done immediately after removal of the debris box; provided, however, that if at any time prior thereto the department of public works declares that the public interest or convenience requires the removal of same, or any portion thereof, then the applicant shall promptly remove or cause to be removed such materials from such areas. The form of the bond for faithful performance shall be such that the city may proceed against the permit holder and his sureties on the bonds immediately upon any default, without waiting for the completion of the cleanup and the accumulation of damages. Every permit granted as provided in Section 12.08.120, and every permit for temporary construction shall be subject to such condition and guarantee.

(Ord. 977 § 1 (part), 1982)

Every debris box for which a permit is required under the provisions of Section 12.08.120 shall have the name of the person or legal entity owning or supplying the debris box clearly marked and visible on two sides of the box.

(Ord. 977 § 1 (part), 1982)

The provisions of Sections 12.08.010, 12.08.030(B), 12.08.040, 12.08.050 and 12.08.060 shall not be applicable to debris boxes.

(Ord. 977 § 1 (part), 1982)