Part 1 — General

For the purpose of this chapter certain words and phrases are defined, and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

(Added by Ord. 850, adopted 5-12-87)

The "City" shall mean the City of Downey within its incorporated boundary. (Added by Ord. 850, adopted 5-12-87)

The "City Engineer" shall be deemed to be the duly appointed City Engineer of the City or his authorized representative.

(Added by Ord. 850, adopted 5-12-87)

Whenever 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 the proportionate part of the salaries, wages, or other compensation of any deputy or employee, plus cost of overhead, not to exceed 15% of the total.

(Added by Ord. 850, adopted 5-12-87)

The "Director of Public Works" shall be deemed to be the duly appointed Director of Public Works of the City or his authorized representative. (Added by Ord. 850, adopted 5-12-87)

A "driveway approach" shall mean that portion of a vehicular passageway located between the property line and the curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent private or public property. (Added by Ord. 850, adopted 5-12-87)

An "encroachment" includes an obstruction or intrusion which is placed or maintained in, along, under, over, or across any highway. This section does not apply to the temporary use of the highway for maintenance of any existing authorized or permitted encroachment. Nor does this section apply to the placement and maintenance of plant material in the parkway. However, a parkway tree shall be considered an encroachment. (Added by Ord. 850, adopted 5-12-87)

A "hazardous substance" means one having the potential for an immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, chlorine, and natural gas transported at pressures greater than 60 p.s.i.. For the purposes of this chapter, electrical facilities shall not be considered hazardous substances.

(Added by Ord. 850, adopted 5-12-87)

"Highway" means any public highway, street, road, way, alley, or place in the City, either owned by the City, or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of the right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

(Added by Ord. 850, adopted 5-12-87)

A "one-call notification system" means a cooperative association providing for the mutual exchange of notification of underground construction activities within the City and the County of Los Angeles. Any permittee is required to comply with Sections 4216 and 4217 of the Government Code relating to subsurface installations. (Added by Ord. 850, adopted 5-12-87)

A "parkway" shall mean that area within the public right-of-way lying between the property line and the curb line, or roadway line, parallel therewith. (Added by Ord. 850, adopted 5-12-87)

"Pipelines" or "Facilities," as used in this chapter, shall refer to pipes, pipelines, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, or other equipment, both aerial and underground.

(Added by Ord. 850, adopted 5-12-87)

"Right-of-way" for the purpose of this chapter means the entire area between property lines on any public highway, whether owned by the City or dedicated to the public for the purpose of travel.

(Added by Ord. 850, adopted 5-12-87)

"Roadway" means that portion of a highway which is designated, improved, and ordinarily used for vehicular travel. In streets and highways it is the area located between the curb lines, or edges of pavement, and in the alleys it is the area between property lines. (Added by Ord. 850, adopted 5-12-87)

The office of the City Engineer has "Standard Drawings" for most of the structures to be built in the right-of-way. They show the alignment and geometrics of such improvements as sidewalks, driveways, curbs, gutters, cross gutters, wheelchair ramps, culverts, etc.. (Added by Ord. 850, adopted 5-12-87)

Structures and roadways within the right-of-way shall be constructed in accordance with the "Standard Specifications for Public Works Construction" as promulgated by the American Public Works Association/Associated General Contractors of Southern California. (Added by Ord. 850, adopted 5-12-87)

The permittee shall at all times during construction within the right-of-way comply with the requirements for "Traffic Control" as prescribed in the permit application and as directed by the City Engineer. The permittee shall conduct his or her operations so as to exhibit the utmost regard for the safety and welfare of his or her personnel and for the traveling public. A franchisee, holding a valid and existing franchise with the City, shall similarly abide by the provisions of this section.

(Added by Ord. 850, adopted 5-12-87)

Under a "vacation" proceeding, which shall be conducted in accordance with the provisions of the Streets and Highways Code of the State of California, the City Council will consider relinquishing the public's right to travel on or occupy a highway or portion thereof. (Added by Ord. 850, adopted 5-12-87)

No person shall carry on any of the activities regulated in this chapter within the public right-ofway without first obtaining a permit from the City Engineer to do so. (Added by Ord. 850, adopted 5-12-87)

No person shall construct, reconstruct, or repair, any curb, gutter, sidewalk, driveway approach, roadway, retaining wall, or drainage facility, in, over, along, across, upon, or through any highway within the City. (Added by Ord. 850, adopted 5-12-87)

In the event any work is performed in, upon, along, across, or through a highway within the City for which a permit is required under this chapter, and a permit is first not obtained, except under emergency conditions, as provided in this chapter, then, in addition to the other charges set forth by resolution of the City Council, there shall be an additional charge of $50. Whenever this chapter requires 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 subsequently obtains such a permit or not. (Added by Ord. 850, adopted 5-12-87)

With each application the applicant shall furnish to the City a liability insurance policy naming the City as an additional insured, issued by a company authorized to do business in the State of California, and in the form and amount prescribed by a City Council Resolution. In the absence of such a resolution the minimum liability insurance shall be $100,000. The policy shall be in force until completion of construction or excavation; tree trimming, tree installation, or removal; or as long as an encroachment into the public right-of-way exists. (Added by Ord. 850, adopted 5-12-87)

Each applicant for a permit concerning performance of work within a highway in the City shall furnish satisfactory evidence of Workers' Compensation insurance coverage for any person employed to do work under that permit, all in accordance with Section 3700 of the Labor Code of the State of California.

(Added by Ord. 850, adopted 5-12-87)

No person shall perform any work covered by this chapter in an amount greater than, or in any way different from, or contrary to, the terms of any permit issued therefor. (Added by Ord. 850, adopted 5-12-87)

Where the City Engineer finds that a permittee is in violation of the permit provisions as stipulated in the application, he or she may order a temporary or permanent revocation of the permit. However, if he or she further finds that the violation has been abated, he or she may reinstate the permit as being valid.

(Added by Ord. 850, adopted 5-12-87)

Each permit issued shall become null and void upon the expiration of the time specified in the application, unless the City Engineer extends the time, which he or she may do, if, in his opinion, there are extenuating circumstances beyond the control of the permittee to so warrant such extension. In the absence of an expiration date the permit shall expire 60 days after the date of issuance.

(Added by Ord. 850, adopted 5-12-87)

Non-transferable permits issued under the provisions of this chapter shall not be transferred. Any violation of this section may be cause for revocation of the permit. (Added by Ord. 850, adopted 5-12-87)

Unless the permittee is exempted, he shall pay in advance of the issuance of the permit all requisite fees for the work covered by the permit. Such fees shall include deposits for work to be done by the City on behalf of the permittee. (Added by Ord. 850, adopted 5-12-87)

If the City Engineer finds that the waiver of any part of the fee is necessary to promote the safety and public welfare, he may, in specific instances, waive all, or portion of, fees and deposits. (Added by Ord. 850, adopted 5-12-87)

Where a permit application is accompanied by plans or plats showing the intended work, the permittee may be required in advance to pay a plan check fee equal to estimated reasonable costs incurred by the City for such plan check. (Added by Ord. 850, adopted 5-12-87)

Where the City is requested or required to perform repair services resulting from permit work within a highway, the permittee shall pay in advance the costs estimated to be incurred by the

City for such repair service. (Added by Ord. 850, adopted 5-12-87)

Where the City is requested, or required, to perform other services in connection with a permit in, upon, along, across or through a highway, and such services include, but are not limited to, barricading, clean-up, survey staking, transporting of equipment, furnishing of lights, removal and installation of traffic striping, removing or remedying any hazardous condition, tree trimming, planting or removal, the permittee shall pay in advance for such services if such services are known prior to commencement of work. Where such services are not known in advance, the permittee shall be liable, upon billing, for actual costs incurred by the City. (Added by Ord. 850, adopted 5-12-87)

Payment by the permittee for required, or requested, City services shall be made by depositing in advance with the City sufficient cash to cover in full all the required, or requested, City services. The sum of such deposit shall be based on the estimated number of manhours of labor multiplied by the hourly labor rate, including benefits, plus an overhead rate of 15% along with equipment and materials, as estimated by the City Engineer. (Added by Ord. 850, adopted 5-12-87)

No deposit shall be required under the terms and conditions of this section when the work for which the permit is issued is to be done by a corporation holding a valid and existing franchise from the City, or such corporation is subject to regulation by the Public Utilities Commission of the State, and the work to be done under such permit is in furtherance of the services to be provided under the franchise, or pursuant to regulation by the Public Utilities Commission of the State, and the corporation has assets in excess of $10,000,000. (Added by Ord. 850, adopted 5-12-87)

In lieu of making the special cash deposit required by Section 7106, the applicant may make and maintain with the City Engineer a general cash deposit as security for all the permits issued to the applicant. If an applicant maintains a general cash deposit, it shall be with the understanding that he will pay all bills sent to him by the City. The amount of the general deposit shall be sufficient to cover the costs connected with issuance fees, plat, check fees, inspection, testing, and any anticipated repairs and clean-up, but in no event shall the general cash deposit be less than $1,000.

(Added by Ord. 850, adopted 5-12-87)

Prior to any refund the City shall deduct from the special cash deposit made by each permittee:

• (a) The permit issuance fee if that has not otherwise been paid;

• (b) The costs of the services and transportation of any inspector;

• (c) The costs of any repairs to structures or highway surfaces; and

• (d) The cost of labor, equipment, and materials used for any other City services.

The remainder of any such deposit, if there is any remainder, shall be refunded to the person who made the original deposit. In the case the deposit made is insufficient to pay all fees and deductions provided for herein, the person to whom such permit is issued, shall, upon demand, pay to the City Engineer a sufficient sum to fully cover the same. Upon failure to pay such sum, the same may be recovered by the City in any court of competent jurisdiction, and, until paid, no further permits may be issued to such person.

(Added by Ord. 850, adopted 5-12-87)

Any person who causes willful or negligent damage to public facilities while operating a motor vehicle shall be liable for the reasonable cost of the repair, or replacement, thereof in accordance with applicable articles of the California Vehicle Code. Similarly, if the City Engineer, finds that a person is causing, or has caused, willful or negligent damage to public facilities, including, but not limited to, roadway pavement, curbs, gutters, sidewalks, driveway approaches, storm drain systems, City sewerage facilities, potable water system landscaping and irrigation systems, he or she shall be held liable for the cost of the repair, or replacement thereof. (Added by Ord. 850, adopted 5-12-87)

If a literal compliance with any engineering requirement of this chapter is impossible, or impractical, because of peculiar conditions which are in no way the fault of the person requesting an exception, and if the purposes of this chapter may be accomplished and public safety, health and welfare secured by an alternate construction, or procedure, and if the City Engineer so finds, he or she may grant an exception permitting such alternate construction or procedure. (Added by Ord. 850, adopted 5-12-87)

Part 2 Encroachments

The provisions of this part shall apply to any encroachment into, upon, under, across, along and through any highway for which a permit is required. (Added by Ord. 850, adopted 5-12-87)

Any object, excluding highway improvements designed to facilitate travel and drainage, which is erected, constructed, placed, maintained, or abandoned on any highway, whether temporary or permanent, may be considered an encroachment for which a permit is required. Such encroachments shall include, but not be limited to, banners, barricades, bus benches, construction materials or waste, curbs, dumpsters, fences, news racks, overhead structures, poles, posts, signs, trash bins, trees, and walls. (Added by Ord. 850, adopted 5-12-87)

Any object or facility which is owned or maintained by a government entity, the Downey Unified School District, or a franchisee with a valid franchise from the City, may be exempted from the permit requirements under this part when these facilities are subjected to routine, or extraordinary, maintenance activities. Utility companies, which are required by Section 6296 of the California Public Utilities Code to hold harmless the City, its officers, and its employees, are also exempted. Such facilities shall include, but not be limited to, cables, cathodic protection devices, conduits, directional signs as authorized by Section 4806 of this Code, pipes, poles, posts, street light standards, traffic signal equipment, vaults, ventilation devices, wires, and fire hydrants.

(Added by Ord. 850, adopted 5-12-87)

Subject to the provisions of Sections 4800, et seq., of this Code, landscaping may be maintained in any residential parkway area subject to the provisions of this section. Upon the finding of the Director of Public Works, or the Chief of Police, that such landscaping constitutes an appreciable obstruction, or hazard, to pedestrian, or vehicular traffic, the same shall be trimmed, modified, or removed as required by the Director of Public Works. All such landscaping shall be maintained in a good condition by the owner, or occupant, of the adjacent property.

In the event any landscaping is determined to be a hazard by the Director of Public Works, or the Chief of Police, or an obstruction to pedestrian, or vehicular, traffic, and that the only way to remove the obstruction, or hazard, is to eliminate the landscaping, such landscaping shall be removed completely by the owner and at the expense of the owner.

Notices shall be given, hearings shall be held, and the right of removal by the City and the assessment for the costs thereof upon the property owner shall be imposed in the manner and as provided by Sections 5300 through 5310 of this Code. (Added by Ord. 850, adopted 5-12-87)

"Overhead structure" shall mean any structure extending over the public right-of-way, including signs, banners, marquees, canopies, but excluding such projections from buildings as bay windows, windows, doors, and the like.

(Added by Ord. 850, adopted 5-12-87)

Only those signs, marquees and canopies which are described and permitted by Section 9604 of this Code shall be considered eligible for the issuance of a permit. (Added by Ord. 850, adopted 5-12-87; amended by Ord. 1237, adopted 10-28-08)

Each overhead structure other than a banner, a canopy, or a marquee shall comply with the following limits:

Allowable Vertical Clearance Above Sidewalk Surface

Maximum Allowable Projection Beyond Right-of-Way Line

In no case shall the overhead structure project over the public right-of-way to a point closer than three feet to the face of the existing curb, or existing or proposed vehicle right-of-way line, nor shall it project over the dedicated way for a distance of more than two-thirds of the distance between property line and face of curb or vehicular right-of-way line; provided, however, if the City Engineer, finds that the maximum limits of projection permitted hereunder will interfere with the use of the right-of-way as may be required by public improvement or access, then such projection of such structure shall be limited as specified by the City Engineer. No overhead structure shall be allowed to project into any alley.

Temporary banners or street decorations across the public right-of-way shall be not less than 18 feet above the highest portion of the highway surface over which the banner or street decoration extends. (Added by Ord. 850, adopted 5-12-87)

Each overhead structure, excluding banners and street decorations, shall be supported by a building or other supporting structure on private property, and it shall comply with the requirements of Chapter 2 of Article III of this Code.

Temporary banners and street decorations shall be supported by poles, posts or steel standards, which are specially designed and fabricated for such purpose, and which may be located within the public right-of-way.

(Added by Ord. 850, adopted 5-12-87)

No canopy, or marquee, shall project over the public right-of-way more than one-half of the street parkway width or to a point closer than three feet to the face of the existing curb or edge of roadway, whichever is less. (Added by Ord. 850, adopted 5-12-87)

Each canopy, or marquee, shall have a vertical clearance above the sidewalk surface of not less than eight feet at every point. A valance or border, if made of canvas, cloth or similar fabric, shall be not less than seven feet above the sidewalk surface. If the canopy, or marquee, is covered with metal, no portion of the valance, or border, shall be less than seven feet six inches above the sidewalk surface at every point.

(Added by Ord. 850, adopted 5-12-87)

No person shall place, affix, paint, maintain, leave, or abandon any sign, placard, notice, poster, or advertisement, in any street or public right-of-way. Reference is also made to Section 4118 of this Code.

(Added by Ord. 850, adopted 5-12-87)

Notices, placards, posters, or any of the other articles mentioned above, may, however, be erected, placed, or maintained, by any City, or any other public officer, official, or employee while acting within the scope of his or her office, or employment, as such public officer, official, or employee.

(Added by Ord. 850, adopted 5-12-87)

Signs whose primary purpose is to direct traffic to certain facilities shall be permitted and installed in accordance with Section 4806 and Chapter 6 of Article IX of this Code. (Added by Ord. 850, adopted 5-12-87)

No person shall construct, place, or maintain, any bus bench, or other similar device, upon public property unless a permit therefor has been issued by the City Manager, or his authorized representative, pursuant to the provisions of this section. Upon a written application therefor being made, a written permit may be issued for placing, or maintaining, a bench for the convenience of bus passengers, subject to such terms and conditions as the Council, from time to time, may adopt by resolution.

Any permit so issued may be revoked in the event the permittee fails to comply with the terms and conditions applicable thereto by mailing a notice to the permittee at the address shown in the application, and any and all benches authorized by such permit shall be removed by the permittee at his or her expense on the next succeeding business day following the date of the notice.

Any bench placed, or maintained, upon public property contrary to the provisions of this section hereby is declared to be a public nuisance, and the Director of Public Works, or the Chief of Police, and each of them, hereby is authorized to remove the same. (Added by Ord. 850, adopted 5-12-87)

The provisions covering the placement and maintenance of Publications Vending Machines shall be those described in Sections 6598 and 6599 of this Code. (Added by Ord. 850, adopted 5-12-87)

Any installation, permanent or temporary, other than plant material and irrigation systems, in the area of the parkway, which is the area between the property line and the curb face, or future curb face, shall be subject to the standards and permit requirements of the City Engineer. (Added by Ord. 850, adopted 5-12-87)

The Office of the City Manager may consider the issuance of a permit for sidewalk sales in the public right-of-way under special or unusual circumstances. (Added by Ord. 850, adopted 5-12-87)

The facilities installed and maintained in the public right-of-way by utility companies include, but are not limited to, poles, standards, wiring, conduits, pipelines, manholes, vaults, junction boxes, ventilation pipes, control boxes, cables, pumps, switchgear, street lights, guy wires and anchors.

(Added by Ord. 850, adopted 5-12-87)

The State of California Public Utilities Commission or a current Franchise Agreement with the City shall govern the installation, or re-installation, of facilities owned and used by any utility company. Such activity may require the issuance of an excavation permit from the City Engineer. The application for a permit shall be accompanied by a map, or plat, which indicates location, depth, extent, type, removal, and abandonment of facilities under the jurisdiction of the utility company. A reference to ownership of valid easements, in which facilities are to be installed, shall be made on the permit application. An approximate period of installation shall also be indicated.

(Added by Ord. 850, adopted 5-12-87)

Any repair of utility facilities above ground may be performed under an annual permit from the City Engineer. Any presence of manpower and equipment within the public right-of-way shall be protected by proper safety procedures as prescribed by the City Engineer. For routine repairs the City Engineer may also control the hours of operation within a roadway. Any damage inflicted onto public facilities by utility company personnel, or equipment, shall be repaired to the satisfaction of the City Engineer. All debris generated by repair activities shall be removed by the utility company personnel, or its contractor. Repairs made to any underground facilities, which require excavation, are governed by Sections 7140, et seq., of this Code. (Added by Ord. 850, adopted 5-12-87)

The surface transportation of hazardous substances, as defined in Section 7100.14 of this Code, is controlled by Federal and State of California statutes. Underground transportation in pipeline systems shall be governed by current franchise agreements along with requirements indicated in Sections 7140, et seq., of this Code.

(Added by Ord. 850, adopted 5-12-87)

The installation and replacement of underground pipeline systems shall be in accordance with the provisions of an applicable current franchise agreement and with the appropriate requirements of Sections 7140, et seq.. With the application for a permit in writing from the City Engineer, a map, or plat, showing location, depth, type, extent, and purpose of installation shall be furnished. Any debris generated by the installation shall be removed by the applicant, at his expense, upon completion of the work. Any damage done to public facilities by applicant's personnel, or equipment, shall be repaired at applicant's expense, to the satisfaction of the City Engineer.

(Added by Ord. 850, adopted 5-12-87)

The pressure testing of pipeline systems shall be performed at the time of installation, or replacement, or at prescribed intervals, as provided for in the applicable franchise agreement or appropriate Sections 7140, et seq..

(Added by Ord. 850, adopted 5-12-87)

Each applicant for a permit to abandon in place, or remove, any facility, or encroachment, in the right-of-way shall do so under the terms and conditions prescribed in the franchise agreement and in the applicable Sections 7140, et seq.

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 and depth. (Added by Ord. 850, adopted 5-12-87)

An applicant for a permit to place and maintain a dumpster, or trash bin, within the public rightof-way shall apply in advance for a permit. The permit application shall describe the physical dimensions of the dumpster along with its exact location in the roadway, parkway, or alley. The permit application shall also indicate the period of time during which the dumpster is to remain within the public right-of-way.

(Added by Ord. 850, adopted 5-12-87)

Any person who plans to occupy a portion of the public right-of-way for the purpose of storing construction materials, and/or equipment, shall obtain a permit from the City Engineer. In addition to the issuance fee, the applicant may be required to deposit with the City Engineer sufficient funds to cover any cost to repair, or clean, any City facilities along with inspection to verify compliance with permit requirements.

(Added by Ord. 850, adopted 5-12-87)

An application for an encroachment permit shall be made in writing on the form provided by the City Engineer. The general provisions pertaining to permit issuance are described in Sections 7102, et seq., of this Code. The specific requirements connected with the permit issuance are covered on the permit form, and they include, but are not limited to, date of application, job location, applicant's name, address, telephone number and where applicable, state and City license numbers, period of time of the proposed encroachment, type of encroachment, safety measures to be instituted, inspection notification, traffic requirements, fees, deposits, liability insurance carrier, City services required, and standards to be followed. A map, or plat, may be attached to the permit application to more fully describe the location and extent of the proposed encroachment(s).

(Added by Ord. 850, adopted 5-12-87)

If the City Engineer finds that the requirements of the permit are not being complied with, he may revoke the permit upon written notification to the permittee. Where the permit for an encroachment has been revoked, the permittee shall remove the encroachment no later than 30 days from the date of the notification to remove. The permittee shall be responsible for restitution of damage to any public facilities sustained as a result of permittee's encroachment, or removal of encroachment.

(Added by Ord. 850, adopted 5-12-87)

The applicant for a permit shall deposit with the City cashier in advance of permit issuance and validation requisite fees pertaining to the particular encroachment described in the permit application.

(Added by Ord. 850, adopted 5-12-87)

The fee for the issuance of a completed permit application for an encroachment shall be that which is prescribed by the City Council's adoption of a resolution setting forth such a fee. The fee shall not exceed the amount determined by the City Council to be sufficient to defray the cost of handling by the City. In the absence of any such resolution, the issuance fee shall be $10. (Added by Ord. 850, adopted 5-12-87)

Where required, the applicant for a permit shall pay for the services of an inspector. The inspector shall verify in the field that the requirements specified in the permit are complied with by the permittee. The fees for inspection shall be those which are prescribed by the City Council's adoption of a resolution setting forth such fees. Such fees shall not exceed the amounts determined by the City Council to be sufficient to defray the cost of performing inspection services.

(Added by Ord. 850, adopted 5-12-87)

If the City Engineer finds that City services may be needed in connection with any encroachment into the public right-of-way, he may require the applicant to deposit sufficient funds to defray the cost of such City services. Such City services may include, but not be limited to, inspection outside regular business hours, furnishing and installing warning devices, repair of City facilities, clean-up, removal of encroachment, and the administrative costs associated with any of the above City services.

(Added by Ord. 850, adopted 5-12-87)

The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, or to his assigns.

(Added by Ord. 850, adopted 5-12-87)

If the City Engineer finds that additional City services are required beyond those for which a deposit was made, he shall cause the permittee to be billed for such additional services, and the permittee shall have a reasonable period of time to submit payment. In the absence of payment within a reasonable period of time, the City may enforce collection by legal means. In addition, the City Engineer may elect not to issue further permits to the permittee until payment has been received by the City.

(Added by Ord. 850, adopted 5-12-87)