Dos Palos Municipal Code Title 12 Streets and Sidewalks

12.NI b Skateboards

171 (Dos P:ilos 10-89)

12.04.010

Chapter 12.04 B. Name, address and phone number of per-
son directly responsible for the work;
EXCAVATIONS* C. Map, adequately dimensioned, showing
location, depth and any other information
required to positively identify and indicate theSections:
nature of the work and its location; 12.04.010 Permit-Required.
D. The starting and completion dates; 12.04.020 Permit-Application.
E. Statement of necessity indicating why the 12.04.030 Permit-Fei!S. .
installation can and should be located as pro- 12.04.040 Bond required.
posed; 12.04.050 Prosecution of work.
F. If emergency work is done by a public util- 12.04.060 Regulations in force.
ity, application for a permit shall be made on the 12.04.070 Inspection required.
next working day. (Ord. 160 §2, 1971). 12.04.080 Safety of public.

A. A fee of fifteen dollars shall be charged for 12.04.110 Damage to public property. each permit. Said fee shall include the cost of one 12.04.120 Relocation. inspection by the public works inspector. If addi- 12.04.125 Temporary encroachment tional inspections are required, there shall be within city right-of-way. paid to the city an additional fee of five dollars for 12.04.130 Specifications. each additional inspection. 12.04.140 Removal of fill material. B. For public utilities a fee of two dollars per 12.04.150 Resurfacing. square foot excavated, with a minimum of fif- 12.04.160 Maintenance of replacement teen dollars, shall be charged for each permit. work. •Permits will be billed monthly for all street work 12.04.170 Emergency repair. done during the month. (Ord. 284, 1988: Ord. 12.04.180 Base material placement. 160 § 3, 1971) 12.04.190 Conflict of interest. *For statutory authority for cities to regulate and prohibit 12.04.040 Bond required. encroachments and obstructions of streets. see Gov. Code § Before any permit is issued to any person, firm 38775. or corporation, other than a public utility, having franchise rights within the city, the applicant

It is unlawful for any person, firm or corpora- check or certified check in an amount equal to tion to perform any work within the right-of-way ten percent of the contract price of the project, or of any street, alley, or other public property such amount as may be determined sufficient by unless a permit for the proposed work shall have .the city's superintendent of public works, for the first been obtained from the city. (Ord. 160 § I, faithful performance of the work specified in the 1971) application. Said bond or check may be retained for one year, subsequent to the completion of the

Applications for permits shall be made in writ- the maintenance and repair of restoration work ing prior to commencement of the work and shall be performed to the saftisfaction of the city, proyide the following minimum information: normal wear and tear excepted. (Ord. 160 § 4, A. Name and address of applicant; 1971)

173 (Dos Palos !0-89)

12.04.050

12.04.050 Prosecution of work. Prosecution of work shall be in strict conform- ance with provisions of the permit and statements in the application for permit. (Ord. 160 § 5, 1971)

(Dos Palos 10·89) 174

12.04.060

12.04.060 Regulations in force. 12.04.100 City liability. Safety Orders of the Industrial Accident Com- Liability of the city, its officers, authorized mission, state laws and city ordinances agents and/or employees shall be protected by applicable to the work shall be in full force and the permittee and the permittee shall indemnify effect though not particularly enumerated in this and hold harmless the city, its officers and chapter, or otherwise referred to. (Ord. 160 § 6, employees from any damages or suits for 1971) damages arising from or connected with the granting of this permit. (Ord. 160 § 10, 1971)

All damage to public property of the cityprior to starting any work subject to the provi- directly or indirectly caused or proximatelysions of this chapter. The city inspector shall resulting from any activities of the permitteespecify the various stages of the work when he shall be repaired at the cost of the permittee andwishes to be notified for inspections. The city the permittee shall pay the city upon demand theinspector is given the power to revoke the permit actual cost of repairs so made necessary. (Ord.and stop construction for noncompliance with 160 § 11, 1971)any provision of this chapter. (Ord.160 § 7, 1971)

Public safety shall be provided by permittee their appurtenant structures, connections, out- through the placing of flares at not greater than lets, etc. shall be atthe sole expense of the permit- one-hundred-foot intervals, using adequate bar- tee when said facilities or appurtenances conflict ricades, flags and other appropriate warning with improvements for the public convenience, devices approved by the city inspector. The per- or general good of the community. (Ord. 160§ 12, mittee shall, upon written notice from the city 1971) inspector, furnish additional safety devices when, in the opinion of the city inspector, the 12.04.125 Temporary encroachment within safety of the people requires more protection city right-of-way. than that afforded by the safety measures spec- No person shall encroach within a city right- ified by this section, and his judgment in this of-way with facilities not shown in the adopted matter shall be final. (Ord. 160 § 8, 1971) city of Dos Palos standard design of common engineering structures except when the city man-

Public inconvenience shall be minimized posed encroachment is temporary in nature and through proper and thoughtful procedure taken would not be detrimental to the public health by the permittee considering the nature and and safety, and: extent of the construction involved. To minimize A. The owner of the abutting property has public inconvenience, work shall be completed executed an agreement to hold city harmless for within the time specified in the permit; cuts, any claim or liability resulting from the excavations or other necessary destruction of encroachment, to removal such encroachment public property shall not be made until all mate- at his cost within thirty days of notice by the city, rial for the proposed work is delivered to the job to reimburse city for any excess cost or expense site, stored locally, oris known to be immediately incurred by city as a result of such encroachment available to the installation. (Ord. 160 § 9, 1971) or as a result in city removal of encroachment.

174-1 ( Dos Palos I0-89)

12.04.125

B. The agreement shall be recorded and the No. 8 45-55 obligations of the property owner shall become No. 30 l0-35 an encumbrance on and run with the land. No. 200 2-9 C. The applicant has complied with all other requirements for issuance of the encroachment The aggregate shall be placed in the exca va- permit. (Ord. 275, 1986) tion, in layers not to exceed six inches in thick- ness, wetted and compacted before succeeding

A. Cutting of surface, pavements, curbs or brought even with the existing surface and walks shall be straight as possible in order that opened to traffic. (Ord. 160 § 13, l97l) resurfacing difficulties may be minimized; B. Excavation shall be vertical below edge of 12.04.140 Removal of fill material. surface cut; should cave-in under pavement Upon approval by the city, the permittee shall occur as excavation proceeds, all surface repairs later remove the fill material to the depth of and replacements shall be made by permittee as remaining pavement or other type of surfacing far back as the maximum extent of the cave in, all and forthwith proceed with resurfacing. (Ord. unsupported surfaces being first removed; 160 § 14(1), 1971) C. All excavated material shall be truck- hauled from the site and disposed of by the per- 12.04.150 Resurfacing. mittee; Resurfacing shall conform to that in existence D. Backfill shall be considered a critical ele- at the time the cut was permitted except that ment in this portion of the chapter to regulate some other type of surfacing may be substituted and govern the installation of underground facil- if first approved by the city as being equal to or ities within the public owned rights-of-way. better than that existing. (Ord. 160 § l4(2), 197[) •Backfill methods specified in this section shall be considered as the absolute minimum for this 12.04.160 Maintenance of replacement work. area. Backfill shall consist of the following: Maintenance of all replacement work shall be I. The minimum trench width shall be deter- required of the permittee for one year after date mined by the superintendent of public works. of project completion, such maintenance to be 2. Pipe or conduit bedding shall be river-run performed promptly upon notice by the city that sand, and shall be a minimum depth of four maintenance is required. If. in the sole discretion inches below the pipe or conduit and a minimum of the city, delay in performing required mainte- thickness of four inches above the top of the pipe nance shall unreasonably occur. the city reserves or conduit, the right to perform or have performed such 3. The aggregate base fill material from the required maintenance at the expense of permit- top of the sand bedding to the finish grading level tee and will bill the permittee for the actual cost shall be according to the following: of work, labor and material directly chargeable to effecting such maintenance. Upon permittee's SIEVE ANALYSIS failure to pay, the city may reimburse itself by Sieve Size Percent Passing recourse to the bond or check referred to in Sec- I inch 100 tion 12.04.040. (Ord. 160 § l4(3), 1971) 3/4 inch 95-lOO l/2 inch 75-85 12.04.170 Emergency repair. 3/8 inch 65-75 Emergency repair may be made by the city No.4 35-65 without demand upon the permittee when, in its

175

12.04.170

judgment, such repair is necessary to safeguard under this paragraph shall not be chargeable to the public. The actual cost thereof shall be a the permittee. The permittee is not relieved of charge against the permittee, payable to the city any responsibility or liability other than the upon demand. (Ord. 160 § 14 (4), 1971) resurfacing thus purchased. (Ord. 160 § 14(5), 1971)

Base material may be placed by the city and 12.04.190 Conflict of interest. resurfacing done upon agreement with the per- Nothing contained in this chapter is intended mittee, after the permittee has backfilled to the to conflict with: elevation of the street surface according to the A. Applicable rules, regulations and tariffs of provisions of Section 12.04.130. The cost thereof any public utility subject to the jurisdiction of the payable to the city shall be a minimum of one California Public Utilities Commission; and dollar per square foot for asphalt or equivalent B. Any franchise granted to any such public pavement; seventy-five cents per square foot for utility by the city. road mix or penetrated mineral aggregate; and In the event of any conflict, the provisions of fifty cents per square foot for oiled native mate- said rules, regulations and tariffs, or of said fran- rial. Maintenance of resurfacing performed chise, shall control. (Ord. 160 § 15, 1971)

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176

12.08.010

Chapter 12.08 12.08.020 Application of state code.
Wherever a situation exists not particularly cov-

SIDEWALK MAINTENANCE AND ered by this chapter, the provisions of Streets and REPAIR* Highways Code, Sections 5602 et seq. shall app)y. (Ord. 139 § 2, 1966) Sections: 12.08.010 Regulatory measure. 12.08.030 Sidewalk def'med. 12.08.020 Application of state code. A. As used in this chapter, "sidewalk" includes 12.08.030 Sidewalk defined. a park or parking strip maintained in the area 12.08.040 Chapter application. between the property line and the street line and 12.08.050 Property owner-Duty. also includes curbing, bulkhead, retaining walls or 12.08.060 Notice-Repair. other works for the protection of any sidewalk or of 12.08.070 Notice--Issuance. any such park or parking strip. 12.08.080 Notice--Contents. B. As used in this chapter, "sidewalk" does not

Cost. from a curb toward the subject property, in the

(Ord. 350 (part),

payment. 1999; Ord. 139 § 3, 1966)

Laws applicable. construction of new improvements. The "Special

contract-Enforcement. Protest Act of 1931" shall not apply to proceedings 12.08.210 .Installment payment taken under this chapter. (Ord. 139 § 4, 1966) contract-Records.

• For statutory provisions for construction of sidewalks, see Streets The owners oflots or portions oflots fronting on and Highways Code §§ 5870 - 5995.54; for provisions for repair of sidewalks, see Streets and Highways Code § S600 et seq. any portion of a public street or place, when that street or place is improved or if and when the area

This chapter is enacted for the purpose of estab- and the street line is maintained as a park or parking lishing regulatory measures for the repair and main- strip, shall maintain any sidewalk in such condition tenance of sidewalks within the city, to establish that the sidewalk will not endanger persons or prop- procedures to be taken prior to affecting repair erty and maintain it in a condition which will not work, and to provide a method whereby the cost interfere with the public convenience in the use of thereof shall be determined and collected. (Ord. 139 those works or areas save and except as to those § 1, 1966) conditions created or maintained in, upon. along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any

177 (Dos Palos 9-98)

12.08.050

permit or right granted to him by law or by the city pursuant to this section shall be wholly at the ex- authorities in charge thereof, and such person shall pense of such owner. (Ord. 139 § 9, 1966) be under a like duty in relation thereto. (Ord. 139 § 5, 1966) 12.08.100 Cost pursuant to notice. In all instances where notice by the superinten-

When any portion of the sidewalk is out of repair impending repairs the cost thereof shall be divided or pending reconstruction and in condition to endan- between city and owner as follows: payment of cost ger persons or property or in condition to interfere of materials, by owner; payment of work and labor with the public convenience in the use of such side- by city. (Ord. 139 § 10, 1966) walk, the superintendent of streets shall notify the owner or person in possession of the property front- 12.08.110 Report-Filing, contents. ing on that portion of such sidewalk so out of repair Upon the completion of the repair, the superinten- that, in cooperation with the city, as provided in this dent of streets shall prepare and file with the council chapter, repairs shall be made. (Ord. 139 § 6, 1966) a report specifying the repairs which have been made, the cost of materials, a description of real

Notice of such impending repair may be given by made and the assessment against each lot or parcel delivering a written notice personally to the owner of land proposed to be .levied to pay the cost of or to the person in possession of the property facing materials. Any such report may include repairs to upon the sidewalks so out of repair, or by mailing any number · of parcels of property, whether a postal card, postage prepaid, to the person in contiguous to each other or not. The report shall possession of such property, or to the owner thereof likewise include the whole cost of repairs made at his last known address as the same appears on the pursuant to all requests made in .accordance with last equalized assessment rolls of the city or to the Section 12.08.090. (Ord. 139 § 11, 1966) name and address of the person owning such proper- ty as shown in the records of the office of the clerk. 12.08.120 Hearing-Notice. (Ord, 139 § 7, 1966) Upon the completion of the repair, the superinten- dent of streets shall cause notice of the cost of mate-

The notice shall particularly specify what work article for the giving of notice of repair, •which is required to be done, and how it is to be done, and notice shall specify the day, hour and place when what materials shall be used in the repair; and shall the council will hear and pass upon a report by the further state the approximate time within which the superintendent of streets together with any objec- repairs will be made. (Ord. 139 § 8, 1966) tions or protests, if any, which may be raised by any property owner liable to be assessed for the cost of

materials and any other interested persons. (Ord. 139

Upon the written request of the owner of the § 12, 1966) property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll 12.08.130 Hearing-Proceedings. of the city, or as shown in the records of the office Upon the day and hour fixed for the hearing, the of the clerk, the superintendent may repair any other council shall hear and pass upon the report of the portion of the sidewalk fronting on the property that superintendent of streets, together with any is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request

(Dos Pa1os 9-98) 178

12.08.130

objections or protests which may be raised by the unpaid balance of the assessment at a rate not any of the property owners liable to be assessed to exceed seven percent per annum. (Ord. 139 § and any other interested persons. Thereupon, the 15, 1966) council may make such revision, correction or modifications in the report as it may deem just, 12.08.160 Lien-F1ling notice. after which, by motion or resolution, the report If, within fifteen days of confirmation of the as submitted, or as revised, corrected or modi- cost of materials and ofrequested repairs, if any, an owner neither pays his assessment norfied, shall be confirmed. The council may executes the installment payment agreementadjourn the hearings from time to time. The mentioned in Section 12.08.150, then the super-decisions of the council on all protests and objec- intendent of streets may file in the office of thetions which may be made, shall be final and county in which the parcel of property is located,conclusive. (Ord. 139 § 13, 1966) a notice of lien in the form and substance pro- vided in Section 5626 of the Streets and High-

The cost of the materials and repairs pursuant to Section 12.08.090, if any, may be assessed by 12.08.170 Lien-Notice-City action. the council against the parcel of property front- From and after the date of the recording of the ing upon the sidewalk upon which the repair was notice oflien, all persons shall be deemed to have made, and such cost so assessed, if not paid • had notice of the contents thereof. The notice of within fifteen days after its confirmation by the lien may include claims against one or more council, shall constitute a special assessment separate parcels ofptoperty, whether contiguous against that parcel of property, and shall be a lien or not, together with the amount due. respec- on the property for the amount thereof which tively, from each such parcel. The statute oflim- lien shall continue until the assessment and all itation shall not run against the right of the city to interest thereon is paid, or until it is discharged of enforce the payment of the lien. Ifany such lien is record. (Ord. 139 § 14, 1966) not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as

payment. closed under Division 7 of the Streets and High- An owner .may, ,if he wishes, pay the cost ways Code. (Ord. 139 § 17, 1966) assessed against his property in monthly install- ments. The period of payment shall not exceed 12.08.180 Lien-Tax assessment. twenty-four consecutive months, in payments of As an alternative method of collection of the not less than ten dollars each and the payment amount of the lien, the council, after confirma- arrangement shall be incorporated in a record- tion of the report of the superintendent of streets, able contract with the city that shall specifically may order the notice oflien to be turned over to describe the property of owner involved in the the assessor and the tax collector of the city, repair activity. Execution of the payment con- whereupon it shall be the duty of those officers to tract shall take place before a notary public of the add the amount of the assessment to the next state of California and shall be delivered to the regular bill for taxes levied against the lot or city within the fifteen days specified in Section parcel of land. If city taxes are collected by the

Said agreement may, at the option of county officials, the notice oflien shall be deliv-

the city, provide for the payment ofinterest upon ered to the county auditor. who shall enter the

179

12.08.180

amount thereof on the county assessment book same to be recorded in the county wherein the opposite the description of the particular prop- land lies and such agreement shall have the force erty and the amount shall be collected together and effect of a claim of lien upon the land with all other taxes thereon against the property. described therein, but. shall be enforced in The notice oflien shall be delivered to the county accordance with default provisions contained in auditor before the date fixed by law forthe deliv- the contract and the recorded abstract of any ery of the assessment book to the county board of judgment against the owner pursuant thereto equalization. (Ord. 139 § 18, 1966) shall constitute a lien. upon the specific property

applicable. judgment is recorded Satisfaction of the judg- The amount of the lien shall be collected at the ment may be effected in any manner provided by same time and in the same manner as ordinary the laws of the state of California for the satisfac- city taxes are collected, and shall be subject to the tion of judgments. (Ord. 139 § 20, 1966) same penalties and interest and to the same pro- cedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. 12.08.210 Installment payment contract- All laws applicable to the levy, collection and Records. enforcement of city taxes and county taxes are Upon completion of payments provided to be made applicable to such special assessment made to the city pursuant to a recorded install- taxes. (Ord. 139 § 19, 1966) .. ment payment contract, the city shall forthwith record, at owner's expense, a document12.08.200 Installment payment contract- acknowledging full payment by the owner to the Enforcement. The contract shall be acknowledged before a city and a release of the property described in the notary public of the state of California and there- contract from the effect of the recorded docu- after the superintendent of streets shall cause the ment. (Ord. 139 § 21, 1966)

180

12.12.010

Chapter 12.12 located aboveground within a district and used
or useful in supplying electric, communication
or similar or associated service. UNDERGROUND UTILITY DISTRICTS* D. "Underground utility district" or "dis-
trict" means that area in the city within which

Sections: poles, overhead wires, and associated overhead

districts. E. "Utility" includes all persons or entities

circumstances. rials or devices. (Ord. 149 § !, 1968)

Responsibility. hearings to ascertain whether the public neces-

Responsibility. removal of poles, overhead wires and associated 12.12.100 City responsibility. overhead structures within designated areas of

12.12.120 Penalty. and facilities for supplying electric, communica- tion, or similar or associated service. The city *For statutory provisions for the conversion of overhead eJectrical clerk shall notify all affected property owners as apparatus to underground locations. see Streets and Highways shown on the last equalized assessment roll and Code§ 5896.1 et seq.: tor provisions for assessment of properties obtaining connections to underground facilities. see Gov. Code§ utilities concerned by mail of the time and place 38793. of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time.12.12.0 IO Definitions. At each such hearing all persons interested shall Whenever in this chapter the words or phrases be given an opportunity to be heard. The deci-in this section defined are used, they shall have sion of the council shall be final and conclusive.the respective meanings assigned to them in the (Ord. 149 § 2, 1968)following definitions: A. "Commission" means the Public Utilities Commission of the state of California. 12.12.030 Council-Designation of districts. B. "Person" means and includes individuals, If, after any such public hearing the council firms, corporations, partnerships, and their finds that the public necessity, health. safety or agents and employees. welfare requires such removal and such under- C. "Poles, overhead wires and associated ground installation within a designated area, the overhead structures" means poles, towers, sup- council.shall, by resolution, declare such desig- ports, wires, conductors, guys, stubs, platforms, nated area an underground utility district and crossarms, braces, transformers, insulators, cut- order such removal and underground installa- outs, switches, communication circuits, tion. Such resolution shall include a description appliances, attachments and appurtenances of the area comprising such district and shall fix

181

12.12.030

the time within which such removal and under- maintain, use or operate poles, overhead wires ground installation shall be accomplished and and associated overhead structures. ( Ord. 149 § within which affected property owners must be 5, 1968) ready to receive underground service. A reason- able time shall be allowed for such removal and 12.12.060 Exceptions. underground installation, having due regard for This chapter and any resolution adopted pur- the availability of labor, materials and equip- ment necessary for such removal and for the suant to Section 12.12.030 shall, unless otherwise installation of such underground facilities as may provided in such resolution, not apply to the be occasioned thereby. (Ord. 149 § 3, 1968) following types of facilities: • A. Any municipal facilities or equipment installed under the supervision and to the satis- 12.12.040 Unlawful acts. faction of the city engineer; Whenever the council creates an underground B. Poles or electroliers used exclusively for utility district and orders the removal of poles, street lighting; overhead wires and associated overhead struc- tures therein as provided in Section 12.12.030, it C. Overhead wires ( exclusive of supporting shall be unlawful for any person or utility to structures) crossing any portion of a district erect, construct, place, keep, maintain, continue, within which overhead wires have been prohib- employ or operate poles, overhead wires and ited, or connecting to buildings on the perimeter associated overhead structures in the district of a district, when such wires originate in an area after the date when said overhead facilities are from which poles, overhead wires and associated required to be removed by such resolution, overhead structures are not prohibited; except as said overhead facilities may be required D. Poles, overhead wires and associated over- to furnish service to an .owner or occupant of head structures used for the transinission of elec- property prior to the performance by such owner tric energy at nominal voltages in excess of or occupant of the underground work necessary 34,500 volts;for such owner or occupant to continue to E. Overhead wires attached to the exteriorreceive utility service as provided in Section surface of a building by means of a bracket or12.12.090, and for such reasonable time required other fixture and extending from one location onto remove said facilities after said work has been the building to another location on the sameperformed, and except as otherwise provided in this chapter. (Ord. 149 § 4, 1968) building orto an adjacent building without cross- ing any public street; F. Antennas, associated equipment and sup- I 2.12.050 Emergency-Unusual porting structures. used by a utility for furnishing circumstances. communication services; Notwithstanding the provisions of this chap- G. Equipment appurtenant to undergroundter, overhead facilities may be installed and faci:ities, such as surface mounted transformers,maintained for a period, not to exceed ten days, pedestal mounted terminal boxes and meter cab-without authority of the council in order to pro- inets, and concealed ducts:vide emergency service. The council may grant special permission on such terms as the council H. Temporary poles, overhead wires and may deem appropriate, in case of unusual cir- associated overhead structures used or to be used cumstances, without discrimination as to any in conjunction with construction projects. (Ord. person or utility, to erect, construct, install, 149 § 6, 1968)

182

12.12.070

12.12.070 Notice. all in accordance with applicable rules, regula- Within ten days after the effective date of a tions and tariffs of the respective utility or util- resolution adopted pursuant to Section ities on file with the Commission, 12.12.030, the city clerk shall notify alf affected 2. In the event any person owning, operating, utilities and all persons owning real property leasing, occupying or renting said property does within the district created by said resolution of not comply with the provisions of subsection A the adoption thereof. Said city clerk shall further (I) of this section within the time provided for in notify such affected property owners of the the resolution enacted pursuant to Section necessity that, if they or any person occupying 12.12.030, the city engineer shall post written such property desire to continue to receive elec- notice on the property being served and thirty tric, communication, or similar or associated days thereafter shall have the authority to orderservice, they or such occupant shall provide all the disconnection and removal of any and allnecessary facility changes on their premises so as overhead service wires and associated facilitiesto receive such service from the lines of the sup- supplying utility service to said property; orplying utility or utilities at a new location, subject B. I. Every person owning, operating, leas-to applicable rules, regulations and tariffs of the ing, occupying or renting a building or structurerespective utility or utilities on file with the Com- within a district shall perform construction andmission. Notification by the city clerk shall be made by provide that portion of the service connection on mailing a copy of the resolution adopted pur- his property between the facilities referred to in suant to Section 12.12.030, together with a copy Section 12.12.080 and the termination facility on of this chapter, to affected property owners as or within said building or structure being served, such are shown on the last equalized assessment all in accordance with applicable rules, regula- roll and to the affected utilities. (Ord. 149 § 7, tions and tariffs of the respective utility or util- 1968) ities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant12.12.080 Utility companies-Responsibility. If underground construction is necessary to to Section 12.12.030, the city engineer shall give provide utility service within a district created by notice in writing to the person in possession of any resolution adopted pursuant to Section such premises, and a notice in writing to the 12.12.030, the supplying utility shall furnish that owner thereof as shown on the last equalized portion of the conduits, conductors and associ- assessment roll, to provide the required under- ated equipment required to be furnished by it ground facilities within ten days after receipt of under its applicable rules, regulations and tariffs such notice, on file with the Commission. (Ord. 149 § 8, 1968) 2. The notice to provide the required under- ground facilities may be given either by personal service or by mail. In case of service by mail on12.12.090 Property owners-Responsibility. either of such persons, i11e notice must be depos- A. I. Every person owning, operating, leas- ited in the United States mail in a sealed envelopeing, occupying or renting a building or structure within a district shall perform construction and with postage prepaid, addressed to the person in provide that portion of the service connection on possession of such premises at such premises, hi; property between the facilities referred to in and the notice must be addressed to the owner Section 12.12.080 and the termination facility on thereof as such owner's name appears, and must or within said building or structure being served, be addressed to such owner's last known address

183

12.12.090

as the same appears on the last equalized assess- 5. The city engineer shall forthwith, upon the ment roll, and when no address appears, to Gen- time for hearing such protests having been fixed, eral Delivery, city ofDos Palos. If notice is given give a notice in writing to the person in posses- by mail, such notice shall be deemed to have sion of such premises, and a notice in writing been received by the person to whom it has been thereof to the owner thereof, in the mannerpro- sent within forty-eight hours after the mailing vided in this section for the giving of the notice to thereof. If notice is given by mail to either the provide the required underground facilities, of owner or occupant of such premises, the city the time and place that the council will pass upon engineer shall, within forty-eight hours after the such report and will hear protests against such mailing thereof, cause a copy thereof, printed on assessment. Such notice shall also set forth the a card not less than eight inches by ten inches in amount of the proposed assessment, size, to be posted in a conspicuous place on said 6. Upon the date and hour set for the hearing premises, of protests, the council shall hear and consider 3. The notice given by the city engineer to provide the required underground facilities shall the report and all protests, if there be any, and particularly specify what work is required to be then proceed to affirm, modify or reject the done, and shall state that if said work -is not assessment, completed within thirty days after receipt of such 7. If any assessment is not paid within five notice, the city engineer will provide such days after its confirmation by the council, the required underground facilities, in which case amount of the assessment shall become a lien the cost and expense thereof will be assessed upon the property against which the assessment against the property benefited and become a lien is made by the city engineer, and the city upon such property, engineer is directed to tum over to the assessor 4. If upon the expiration of the thirty day and tax collector a notice of lien on each of said period, the said required underground facilities properties on which the assessment has not beenhave not been provided, the city engineer shall paid, and said assessor and tax collector shall addforthwith proceed to do the work; provided, the amount of said assessment to the next regularhowever, if such premises are unoccupied and no bill for taxes levied against the premises uponelectric or communications services are being which said assessment was not paid. Said assess-furnished thereto, the city engineer shall, in lieu of providing the required underground facilities, ment shall be due and payable at the same time as have the authority to order the disconnection said property taxes are due and payable, and if and removal of any and all overhead service not paid when due and payable, shall bear inter- wires and associated facilities supplying utility est at the rate of six percent per annum. (Ord. 149 service to said property. Upon completion of the § 9, 1968) work by the city engineer, he shall file a written report with the council setting forth the fact that

The city shall remove at its own expense allprovided and the cost thereof, together with a city-owned equipment from all poles required tolegal description of the property against which be removed under this chapter, in ample time tosuch cost is to be assessed. The council shall thereupon fix a time and place for hearing pro- enable the owner or user of such poles to remove tests against the assessment of the cost of such the same within the time specified in the resolu- work upon such premises, which said time shall tion enacted pursuant to Section 12.12.030. not be less than ten days thereafter, (Ord. 149 § 10, 1968) ! ~ 't1...,_0i' 184

12.12.110

12.12.110 Time extension. In the event that any act required by this chap- ter or by a resolution adopted pursuant to Section 12.12.030, cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 149 § 11, 1968)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violat- ing any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon -con- viction thereof shall be punished by a fine not exceeding five hundred dollars or by imprison- ment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is commit- ted, continued or permitted by such person, and shall be punishable therefor as provided for in this section. (Ord. 149 § 12, 1968)

185 (Dos Palos 10-89)

12.16.010

f~-•"r,,\
~ J Chapter 12.16 12.16.060 Violations-Penalties.
Any person violating any provision of this
SKATEBOARDS chapter shall be deemed guilty of a misdemeanor
and upon conviction punishable as set forth in

Sections: Chapter 1.12 of this code. Penalty will be the