§ 56.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARTERIAL STREET. Any street identified as "minor arterial" in the current California Road System (CRS) Map. ASPHALT CONCRETE or AC. Blend of aggregate and asphalt binder meeting the specifications set forth in the City of Eureka Standard Specifications Section 02610, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."

CHIP SEAL. See the definition of SLURRY SEAL .

CITY. The City of Eureka, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.

CITY ENGINEER. The City Engineer of the city or his/her designee. CITY PROPERTY. Any real property vested in the city. DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city or his/her designee.

CITY STANDARDS. The City of Eureka's standard documents, including but not limited to plans, specifications, details and special provisions.

EASEMENT. Any right-of-way or easement for any public purpose vested in the city.

ENCROACH. Constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:

(1) Excavating or disturbing the public right-of-way;

(2) Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;

(3) Planting any tree, shrub, grass, or other growing thing within the public right-of-way;

(4) Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;

(5) Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;

(6) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.

ENGINEER. The City Engineer or their designee.

EXCAVATION. Any hole, cavity or trench made by excavating within the street right-of-way to access or install a utility line or ay related facility. All such excavations shall require an encroachment permit.

EXCAVATOR. The applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.

FACILITY. Any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.

MAJOR ARTERIAL STREET. Any street identified as "other principal arterial" in the current California Road System (CRS) Map.

MAJOR DEFECTS. Any defects greater than the deficiency tolerances specified in the City of Eureka Standards; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.

MICRO PAVING. See the definition of SLURRY SEAL .

MICRO SURFACING. See the definition of SLURRY SEAL .

PAVEMENT CONDITION INDEX (PCI). A numerical index between 0 and 100 which is used to indicate the general condition of a pavement according to ASTM standards.

PERMITTEE. Any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.

PERSON. Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Eureka or the city's officers, employees, or agents. PROHIBITION STREET. Streets that have been repaved within the last five years or had a preservative treatment such as micro-surfacing or slurry seal within the past three years, or any street with a Pavement Condition Index (PCI) of greater than or equal to 80.

PUBLIC RIGHT-OF-WAY. The area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

PUBLIC STREET. The full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system.

SLURRY SEAL. A mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Eureka Standards and the Caltrans Standard Specifications; usually less than ½ inches in thickness.

SPECIAL DISTRICT. Any agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.

STREET. Any public right-of-way or easement for street, road, alley, highway, lane, court, or other public access purposes vested in the city.

STREET OVERLAY. One or more courses of asphalt construction on an existing pavement; usually greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.

STRUCTURE. Any physical alteration or improvement below, on, or above the ground installed or constructed by man, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.

TIDELANDS. Any submerged lands in Humboldt Bay vested in the city.

UNDERGROUND UTILITY DISTRICT. Has the meaning set forth in § 52.01 of the Eureka Municipal Code.

UTILITY. Any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

WEARING SURFACE DEFECTS. The defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. 887-C.S., passed 8-6-19)

ENCROACHMENTS OF STREETS AND EASEMENTS