Garden Grove Municipal Code Ch. 11.04 Streets and Sidewalks

For the purpose of this chapter the following words and phrases are defined, and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:

"Asphalt street"

means any street the surface of which is paved with a mixture of rock, sand, and asphalt cement, including any of those that are commonly known as sheet asphalt, asphalt, concrete, or bitulithic pavements.

"Concrete driveway"

means any driveway paved with Portland cement concrete.

"Concrete gutter"

means any gutter composed of Portland cement concrete, vitrified brick, or granite block.

"Concrete street"

means any street paved with Portland cement concrete.

"Curb"

means any curb constructed of Portland cement concrete.

"House mover"

means any person who moves any building or similar structure or section or portion of any such building or structure over, upon, along, or across any street or sidewalk in the City.

"Manhole"

means any subsurface structure, which is a part of any underground system, such as sewer, storm drain, water, gas, electric light, electric power, telephone, oil, or other underground pipe or wire system, and which has a surface cover with an exposed area of one and one-half square feet or more.

"Oiled street"

means any street the surface of which is composed of a mixture of one or more spray coats of road oil with sand, crushed rock, or decomposed granite, having a total average thickness of approximately one inch or less.

"Prospect hole"

means any hole made in a pavement, driveway, or sidewalk by driving a metal bar or drill into the same for the purpose of locating existing utility pipes or conduits or leaks therefrom.

"Rock and oil street"

means any street that has a surface composed of macadam pavement or a mixture of rock, sand, and either road oil or liquid asphalt, having a total average thickness of more than one inch.

"Sidewalk"

means any pavement composed of Portland cement concrete and provided for the exclusive use of pedestrians.

"Stake hole"

means any hole made in a pavement, driveway, or sidewalk by driving a metal bar pin into the same for moving a house, or for any similar purpose.

"Unimproved street"

means any street that has a surface composed of dirt, soil, sand, gravel, decomposed granite, or similar materials in their natural state; or a surface of unbound or waterbound gravel or decomposed granite.

"Warning signs," "lights," "barriers," and "flags"

means those as set forth by the California Department of Transportation.

(Prior code § 7110.1; 2804 § 2, 2011)

No material shall be removed from any street in such a manner as to render such street impassable, unless such removal is allowed under a permit granted by the City.

(Prior code § 7110.6; 2804 § 2, 2011)

None of the provisions of this chapter shall apply to any work done or to be done in, along or upon any street pursuant to any law of the State providing for the improvement thereof, or to any work done or to be done in, along, or upon any such street pursuant to any contract for improvement authorized by the City Council; provided that the provisions contained in Section 11.04.290 shall apply to all such work and to all excavations to be made in, along or upon any street; provided further that the provisions contained in Sections 11.04.320 thorough 11.04.350 shall apply to all such work and to all excavations made or to be made in, along or upon any street whenever the specifications for said work so provide.

(Prior code § 7110.23; 2804 § 2, 2011)

The provisions of Sections 11.04.020, 11.04.040, 11.04.110 through 11.04.170, inclusive, and 11.04.190 through 11.04.270, inclusive, shall not apply to excavations made by any department or officer of the City in the discharge of official duties.

(Prior code § 7110.24; 2804 § 2, 2011)

No person shall fail to keep the original permit or a copy thereof certified by the City at all times while such work is in progress at the location for which such permit was granted for making any fill, or making or filling any excavation, or for maintaining building material or debris, or for opening a manhole, or fail upon demand therefor to exhibit such permit to any staff member or inspector of the City or any police officer.

(Prior code § 7110.22; 2804 § 2, 2011)

A. The City shall regulate the number, location, opening, closing, and design of driveways within any public street pursuant to the policy attached at Exhibit "A" to the City Council ordinance codified in this section, which is on file with the City Clerk's Office.

B. Where practical difficulties or unnecessary hardships, inconsistent with the purposes of the current policy, result from its literal interpretation or enforcement, the City Council may waive, modify, or delay the enforcement of the policy, upon written request of the property owner filed with the City Manager or his or her designee. The findings of the City Council in support of any waiver, modification, or delay shall contain facts that are necessary to support the request. The policy may be changed by City Council resolution.

(Prior code § 7110.32; 822 § 1, 1965; 2155 § 1, 1990; 2804 § 2, 2011)

Street or alley or other applicable standards shall be determined by the City.

(Prior code § 7110.33; 822 § 1, 1965; 2804 § 2, 2011)

The decision of the City as to the cost of any work done or repairs made by it or under its direction, pursuant to the provisions of this chapter, shall be final and conclusive as to such costs.

(Prior code § 7110.4; 2804 § 2, 2011)

When lot book reports are required for the preparation of easement grant deeds necessary to dedicate property to the City, the fees associated with the reports will be paid by the City.

(1482 § 3, 1976; 2804 § 2, 2011)

A. The City shall mail a statement to every person or to his or her agent in the City on or before the 12th day of any month showing the amount due the City for all work performed during the previous month by the City under the provisions of Sections 11.04.210 and 11.04.220.

B. Such statement shall be paid on or before the 25th day of the month in which it is mailed.

C. In case of a special deposit the balance shall be returned within 30 days after the street surface has been replaced by the City.

D. The City shall deduct the cost of any work done, or repairs made by the City, from any and all deposits then on hand belonging to, or that may hereafter be made by any person under the provisions of this title.

(Prior code § 7110.19; 2804 § 2, 2011)

All moneys refunded pursuant to the provisions of this chapter shall be paid upon demands audited and paid in the same manner as other demands against the City are audited and paid.

(Prior code § 7110.5; 2804 § 2, 2011)

For the purposes of this chapter only, the following words and phrases are defined:

"Property"

means and includes any property, rail, tie, wire, pipe, pole, conduit, or any device, fixture, appliance, or structure appurtenant thereto, installed, affixed, or located in, upon, over, or under any public street in the City.

"Public street"

means and includes a public street, public highway, public alley, public way, or public road within the City.

(Prior code § 7110.2(a); 2804 § 2, 2011)

A. Whenever the City determines that it is reasonable and necessary that any property located in, upon, over, or under any public street in the City, owned, maintained, or controlled by any person be temporarily disconnected and reconnected, or permanently moved, relocated, or removed from any public street, in order that the City or other governmental agency or instrumentality may, most economically under modern engineering and construction methods, install, construct, build, or erect any public improvement or works in, on, over, under, or along any public street, the City shall give written notice to the person owning, maintaining, or controlling such property to move, relocate, or temporarily disconnect the same as may be determined by the City.

B. Exception. When applied to franchised public utilities such notice shall not imply that the cost of such relocation shall be borne by the owner except in the case of any lawful change of grade, alignment or width of any public street, including the construction of any subway or viaduct by the City.

(Prior code § 7110.2(b); 2804 § 2, 2011)

The notice referred to in Section 11.04.120 shall identify and refer to the property to be moved, relocated, or temporarily disconnected. It shall be the duty of such person, within 30 days after the giving of such notice, to begin the work of moving, relocating, or disconnecting the property designated in such notice, and to prosecute such work diligently to completion. Nothing contained in this chapter shall apply to any improvement, work, or works done by the City or other governmental agency or instrumentality, other than in a governmental capacity.

(Prior code § 7110.2(c); 2804 § 2, 2011)

No person owning, maintaining, or controlling any property located in, upon, over, or under any public street in the City shall neglect, fail, or refuse to begin the work of moving, relocating, or disconnecting such property within 30 days after the giving of such written notice by the City so to do, as provided in this chapter, or to prosecute such moving, relocating, or disconnecting diligently to completion.

(Prior code § 7110.2(d); 2804 § 2, 2011)

The City shall have power to move, relocate, or temporarily disconnect any property located in, upon, over, or under any public street in the City, owned, maintained, or controlled by any person, in the event such person neglects, fails, or refuses, within 30 days after the giving of notice, as aforesaid, to begin the work of moving, relocating, or disconnecting the same, or fails to prosecute such work diligently to completion. The cost necessarily incurred in doing said work by the City may be recovered by the City from the person owning, maintaining, operating, or controlling said property.

(Prior code § 7110.2(e); 2804 § 2, 2011)

The punishment for violation of the penal provisions of this chapter shall be cumulative; and in addition to the powers conferred herein on the City, the enforcement of the penal provisions of this chapter shall not constitute a bar to the exercise by the City of the powers conferred upon it by this chapter, nor shall the exercise by the City of the powers herein conferred upon it by this chapter constitute a bar to a criminal prosecution for the violation of the penal provisions of this chapter.

(Prior code § 7110.2(f); 2804 § 2, 2011)

A. No person shall place, build, construct, or erect any structure, receptacle, device or other object within any dedicated public street right-of-way without a permit issued by the City authorizing such placement, building, construction, or erection.

B. Whenever the City determines that such obstruction exists in violation of this chapter, and that it is reasonable and necessary for the obstruction to be removed, the City shall give written notice to the person(s) owning, maintaining, or controlling such obstruction to remove the same. In the event such person(s) neglect, fail, or refuse to remove the aforesaid obstruction within 10 calendar days after the giving of notice to do so, the City shall have the authority to remove or relocate the obstruction and recover costs incurred in doing so from the person(s) owning, maintaining, or having control of said obstruction.

C. If, after a reasonable attempt has been made, the person(s) owning, maintaining, or controlling such obstruction cannot be contacted or identified, the City shall have the authority to remove or relocate the obstruction without further compliance with this chapter.

(Prior code § 7110.2(g); 933 § 1, 1966; 2804 § 2, 2011)

The City may adopt such regulations for the location, size, and depth of excavations as shall be necessary for the public welfare.

(Prior code § 7110.3; 2804 § 2, 2011)

No person shall make excavations in or under the surface of any street or sidewalk for the installation, repair, or removal of any pipe, conduit, duct, or tunnel, or appurtenant work, without first:

A. Making and filing a written application with the City.

B. Receiving a written permit from the City.

(Prior code § 7110.7; 1465 § 1, 1975; 2804 § 2, 2011)

Before issuing any permit provided for in Section 11.04.190 the City shall require:

A. A written application to be made and filed with the City that shall state:

1. Name and residence or business address of applicant.

2. In detail the purpose, location, and area of each excavation intended to be made and used.

B. The presentation of a plat in duplicate showing:

1. The location of each proposed excavation.

2. The dimensions thereof.

3. Such other details as the City may require to be shown on the plat.

C. Exception. No plats shall be required when excavations are made for:

1. Service connections.

2. Location of trouble in conduits or pipes.

3. Making repairs thereto.

D. The applicant must show, for the purposes mentioned in the application, legal authority to occupy and use the street or sidewalk wherein the excavation is proposed to be made.

E. The City may request the applicant to cease work at any time and establish lines and levels at the applicant's own expense, to determine if the work is being done at the location set forth in the application.

(Prior code § 7110.8; 2804 § 2, 2011)

A. Every permit issued under the provisions of this chapter shall become void unless the excavation to be made is commenced within six months from the date of issuance of the permit and the work diligently prosecuted to completion.

B. The City may grant an extension of time for a period not exceeding 30 days for the commencement of such work whenever the City deems that good cause exists therefor.

C. If any extension of time is granted, such permit shall become and be void unless such work shall have been commenced prior to the expiration of such extension of time.

(Prior code § 7110.12; 1465 § 6, 1975; 1538 § 17, 1976; 2804 § 2, 2011)

If any person fails, refuses, or neglects to refill any excavation within a reasonable time after completion of the work referred to in Section 11.04.240, then the City may complete the refilling of the excavation in the manner required by this chapter and shall bill the applicant for the actual costs for refilling such excavation.

(Prior code § 7110.13; 1465 § 7, 1975; 2804 § 2, 2011)

When the street surface excavated or damaged is replaced by the City, the actual costs of replacement or resurfacing shall be billed to the permittee.

(1465 § 9, 1975; 2804 § 2, 2011)

In case any excavation has been made under the direction and jurisdiction of any City department, all the street surface excavated or damaged by reason of such excavation shall be replaced by the City and the preceding charges therefor shall be levied upon and paid by the department making such excavation.

(Prior code § 7110.15; 2804 § 2, 2011)

Where an excavation is made to install, remove, or abandon a structure that forms a portion of the finished surface of the sidewalk, the permittee, in lieu of the placement of a temporary resurfacing, may permanently restore the surface of the sidewalk to the nearest scoring line of the square or squares of which the structure forms a portion of the finished surface; provided, the repairs are made by removing and replacing the entire portion between the nearest scoring lines, and that the resurfacing is done in accordance with the standard specifications of the City for public improvements.

(Prior code § 7110.17; 2804 § 2, 2011)

A. No person shall make any excavation in any street or sidewalk, without maintaining safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians where necessary.

B. If any excavation is made across any street or alley at least one safe crossing shall be maintained at all times for vehicles and pedestrians, unless permission to close such street or alley is first obtained from the City Engineer.

C. Free access must be provided for all fire hydrants and water gates at all times.

D. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up, so as to cause as little inconvenience as possible for public travel. If the street is not wide enough to hold the excavated materials without using part of the adjacent sidewalk, the person by whom the excavation is made shall keep open a passageway at least 48 inches wide of the sidewalk open along such excavation.

E. Permittee shall make adequate provision for drainage as and when necessary.

F. It shall be the duty of every person cutting or making any excavation in or upon any public street or sidewalk or upon any other public place to place and maintain at each end of such excavation and at distances of not more than 50 feet along the line thereof the following warnings and barriers:

1. Warning signs, lights, or barriers that satisfy the requirements of Section 11.04.010;

2. Such other additional warning signs, barriers, temporary bridges, and watchmen, or any or all of the foregoing as the City may deem necessary and order to be installed, kept, and maintained at such place to safeguard the public.

G. Whenever any person makes or causes to be made any excavation whatsoever in any street, sidewalk, alley, or other public place and fails to provide or maintain barriers or other safety devices as required by State law, this title or the City, then, in that event, the City shall cause City forces to provide or maintain such barriers or other safety devices. The amount of the costs thereby incurred by the City shall be a debt to the City of the person responsible for making said excavations and the City may sue in any court of competent jurisdiction for the recovery of the amount of such costs.

(Prior code § 7110.18; 2804 § 2, 2011)

A. No person shall install any service pipe, main pipe, conduit, duct, tunnel, or other structure less than two feet below the surface or the established grade, whichever governs.

B. Manholes, culverts, and catch basins are exempt from this requirement.

C. When it is not feasible to make installations two feet below the surface or the established grade, the City Engineer may permit a lesser depth when sufficient evidence has been submitted showing the necessity therefor.

(Prior code § 7110.20; 2804 § 2, 2011)

Nothing contained in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any street by virtue of any law, ordinance, or permit from making such excavations as may be necessary when such necessity arises from emergency conditions; provided, the person making such excavation shall obtain a permit therefor within four days after the City offices are first opened on the next regular business day following the day on which such excavation was commenced.

(Prior code § 7110.25; 2804 § 2, 2011)

All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than 90% and below six feet is not less than the adjacent undisturbed soil as determined by the Relative Compaction Test specified in Section 6, Article b-21 of the State Standard Specifications.

(Prior code § 7110.16(a); 2804 § 2, 2011)

A. Clayey materials shall be defined as a soil containing more than 30% of material that will pass a No. 200 mesh screen. Clayey material replaced as backfill shall not be ponded or jetted, but shall be compacted as specified under general compaction requirements by any other suitable method providing the material is first conditioned by wetting or drying to within two percent of optimum moisture content.

B. In lieu of backfilling with clayey material, the permittee, at his or her option, may elect to furnish sandy or grandular material, less than 30% of which will pass a No. 200 mesh screen in which case compaction may be obtained as specified under general compaction requirements.

(Prior code § 7110.16(b); 2804 § 2, 2011)

After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition. All road-side drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess and non-surfacing materials that adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the City Engineer.

(Prior code § 7110.16(c); 2804 § 2, 2011)

After operation referred to in Sections 11.04.320 through 11.04.340 on all streets or portions thereof having an improved surface, including sidewalks, the top surface of the backfill shall be covered with not less than one inch nor more than two inches of premixed bituminous material satisfactory to the City and shall conform closely enough to the level of the adjoining surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain the surface of the backfill safe for pedestrian and vehicular traffic until the excavation has been resurfaced. If it is impracticable to maintain the surface of the backfill in safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and traffic control consistent with the requirements of the Department of Public Works, around it until the excavation has been resurfaced.

(Prior code § 7110.16(d); 2804 § 2, 2011)

When, in case of emergency, it becomes necessary to open or remove a manhole cover immediately to inspect, repair, adjust, or renew any cable, wire, pipe, valve, instrument, or apparatus installed or contained in any such manhole, the cover thereof may be opened or may be removed for a period of time actually necessary for such inspection, repair, adjustment, or renewal during which period of time a watchman or guard shall be kept in constant attendance at the exposed opening of the manhole.

(Prior code § 7110.28; 2804 § 2, 2011)

A. No person, except as provided in Section 11.04.380, shall open or remove the cover of any man-hole, or allow any manhole to remain open in or upon any street or sidewalk, without first placing and at all times maintaining immediately adjacent to the opening of any manhole, and while such manhole remains open, at least two red flags or two danger signs, between one-half hour before sunrise and one-half hour after sundown, and at least two red lights between one-half hour after sundown and one-half hour before sunrise.

B. Such red flags, danger signs, or red lights shall comply with the requirements of the Manual of Warning Signs referred to in Section 11.04.010.

(Prior code § 7110.29; 2804 § 2, 2011)

Nothing in this Code shall be construed as requiring a permit for the opening of its manholes by a franchised public utility or for the opening of track switch box covers, nor reports of such openings in connection with their renewal, maintenance, or repair or in connection with the operation of a railway, railroad, or any franchised public utility.

(Prior code § 7110.30; 2804 § 2, 2011)