Article IV — Practices and Requirements

A.

The permittee in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall comply with all applicable state, federal, and local laws, regulations, and orders and shall provide, erect or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public. Any omission on the part of the director to specify in the permit what lights, barriers, or other protective measures or devices are required shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets.

B.

A permittee making any excavation or erecting or leaving any obstruction within, under or upon the right-of- way, or causing the same to be made, erected or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the state division of highways shall be placed two hundred and four hundred feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

C.

The warning signs, lights and other safety devices shall conform to city requirements and the California Department of Transportation's manual.

(Ord. No. 1948, § 1, 2-21-2018)

A.

Before beginning any work including excavation, construction of concrete sidewalks, curbs, gutters, or driveway approaches, planting, trimming or removing trees, making, placing, or causing an obstruction in the right-of-way, the permittee shall notify the director.

B.

Before starting work on which an inspector is required, the permittee shall notify the director twenty-four hours in advance of beginning such work.

(Ord. No. 1948, § 1, 2-21-2018)

The permittee shall call the city to schedule a final inspection of the work. The permittee shall upon the completion of all work authorized in the permit, notify the director. No work is completed until notification of completion is given pursuant to this section and the work is accepted by the director.

(Ord. No. 1948, § 1, 2-21-2018)

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures, or other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper approval from the constituted authorities charged with their control and maintenance. The work area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways, and walks for vehicles and pedestrians shall be constructed where required.

(Ord. No. 1948, § 1, 2-21-2018)

A.

Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair, or restore the public street or right-of-way at the place of work to the same condition existing prior thereto unless otherwise provided in the permit. The permittee shall

move all obstructions, impediments, material, or rubbish caused or placed upon the right-of-way under the permit, and shall do any other work or perform any act necessary to restore the public street or right-of- way to a safe and usable condition.

B.

After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work the permittee shall repair and make good any injury or damage to any portion of the public street or right-of-way which occurs as the result of work done under the permit, including any and all injury or damage to the public street or right-of-way which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the director, immediately repair any injury, damage or nuisance, in any portion of the public street or right-of- way resulting from the work done under the permit. In the event the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all expenses incurred in the performance of such work.

(Ord. No. 1948, § 1, 2-21-2018)

If any future construction, reconstruction, or maintenance work by the city on a public street or right-of-way requires the relocation, removal, or abandonment of installations or encroachments in, on or under the public street or right-of-way, the permittee owning, controlling or maintaining such installations or encroachments shall relocate, remove, or abandon the same at its sole expense. When removal, relocation, or abandonment is required, the director shall give the permittee a written demand specifying the installations or encroachment that must be removed, relocated, or abandoned. If such permittee fails to comply with such instructions, the city may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.

(Ord. No. 1948, § 1, 2-21-2018)

All work done under a permit issued pursuant to this chapter shall conform to specifications established by the director, or in the absence of established specifications to recognized standards of construction and approved practices in connection with the work to be done. All work shall be done subject to the supervision of, and to the satisfaction of the director.

(Ord. No. 1948, § 1, 2-21-2018)

Utility services and other small diameter pipes or rigid conduits shall be jacked, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched or otherwise disturbed

unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.

(Ord. No. 1948, § 1, 2-21-2018)

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet of earth or imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of three feet shall be measured from the surface, existing or planned. The director is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.

(Ord. No. 1948, § 1, 2-21-2018)

Backfilling of an excavation shall be in accordance with specifications established by the director or as otherwise required by him, or both as to material and method; and backfill shall not be placed in any excavation without compaction of the material used, the degree and method of compaction to be to the satisfaction of the director.

(Ord. No. 1948, § 1, 2-21-2018)

When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved on or over a public street, or otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee.

(Ord. No. 1948, § 1, 2-21-2018)

All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes.

(Ord. No. 1948, § 1, 2-21-2018)

A.

The applicant for a permit to plant trees in the right-of-way of a public street shall show in his or her application the exact location of and the kind of trees to be planted. No change shall be made in either location of trees or in kind of trees without the written approval of the director.

B.

The director may refuse to issue a permit authorizing the planting of trees in the right-of-way of a public street when, in his or her judgment, the location as described in the application, or the nature of growth above or below ground of the kind of tree proposed, will impede or inconvenience travel on a public highway or unduly disturb the right-of-way thereof, or in any way impede construction or maintenance of necessary facilities.

C.

Trimming of trees will be permitted only when and in the manner authorized by a permit issued pursuant to this chapter in order that the shapeliness of the tree may be preserved.

D.

An application for removal of a tree will be approved and a permit issued only when a necessity for removal exists, and adjacent property owners concur, or when deemed necessary by the director. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

(Ord. No. 1948, § 1, 2-21-2018)

A.

No hedge, shrub, or other planting whatever, fence or similar structure, or earth, gravel, rocks, artificial turf, pavers, brick, concrete, or any other material of any nature, except as provided in Section 12.04.380, shall be planted, erected, maintained, or placed in a right-of-way without a permit.

B.

No hedge, shrub, or other planting whatever, fence or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrians or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian of other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

C.

The permittee or the owner of the adjacent property shall maintain the hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the

encroachment is not maintained as specified in this chapter the director may direct the permittee or property owner to remove the encroachment and restore the right-of-way to its former condition, at the expense of the permittee or property owner.

(Ord. No. 1948, § 1, 2-21-2018)

A.

Other provisions of this chapter notwithstanding, it is lawful for a person to plant and maintain a lawn of any grass, of a type not prohibited by other law, within the right-of-way of a public street without a written permit. However, the lawn shall not contribute to a dangerous condition of public property, and shall not extend into the traveled way of the public street or into the drainage ditches, gutter or other drainage facilities and shall comply with the water efficient landscape requirements set forth in Section 17.03.070.

B.

The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go on to perform the work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise.

(Ord. No. 1948, § 1, 2-21-2018)

It is unlawful for any person, without first obtaining a permit, to solicit, on a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design or other marking upon any street, sidewalk or curb; except, that markings for the purpose of identifying survey, utility, or construction locations shall not be subject to this chapter.

(Ord. No. 1948, § 1, 2-21-2018)

Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining written permission from the director to do so, such permission to be granted in conformance with requirements as set forth in specifications established by the director and in the Senate Bill No. 1467, Chapter 400 and California Business & Professional Code Section 8771, as may be amended. Replacement of removed or disturbed monuments will be at the expense of the permittee.

(Ord. No. 1948, § 1, 2-21-2018)

The director shall have the power to require property owners to remove driveway approaches where they are an obstruction to the gutter and to reconstruct driveway approaches where drainage or other conditions are unsatisfactory.

(Ord. No. 1948, § 1, 2-21-2018)

Where a curb has been broken to provide a driveway for a residence or a business and such driveway is no longer needed or used as a driveway, the owner of the property or owner or operator of the business shall remove the entire driveway and replace it with curb, gutter, and sidewalk conforming to the current city standards.

(Ord. No. 1948, § 1, 2-21-2018)

Establishment of a sidewalk seating area shall require the review and approval of an encroachment permit issued by the director and be consistent with the following standards:

A.

Location. Sidewalk seating within the right-of-way is only permitted within the downtown as it is delineated in the "downtown development standards and guidelines" as approved by the city council.

B.

Physical Requirements.

A minimum four-foot unobstructed sidewalk for pedestrians shall be maintained at all times from a table, chair, bench, display, planter, or any other appurtenance used as part of a sidewalk seating area.

No sidewalk seating area shall block access to or from a building.

All sidewalk furniture shall be removable and shall be removed, along with seats, tables, and other appurtenances if the business is closed for more than forty-eight hours unless otherwise approved by the director.

Any umbrella or similar feature shall be secured safely to a table, chair, or ground.

The design and appearance of all proposed improvements or furniture shall present a coordinated theme and shall be compatible with the establishment.

No signs shall be permitted in connection with a sidewalk seating area except as may be required by the city for reasons of public health or safety.

C.

Maintenance. The permittee shall maintain the sidewalk area and the adjoining street, curb, and gutter in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, planters, or other appurtenances placed in the public right-of-way. Trash receptacles to serve the seating area shall be provided as required by the director.

D.

Special Standards for Sidewalk Dining Areas with Alcoholic Beverage Service.

Alcoholic beverages may only be served in sidewalk seating areas which are established in conjunction with a restaurant. For purposes of this section, a restaurant is a business operating within an enclosed building, which has as its primary purpose, the serving of meals prepared on the premises which devotes the majority of its floor space to food preparation and dining, and where any bar or liquor service area is clearly subordinate in both area of the premises and gross receipts to the primary dining function of the restaurant.

The sidewalk seating area shall be physically separated from the rest of the sidewalk by a barrier as required by the State of California Department of Alcoholic Beverage Control. The barrier shall be compatible with the appearance and design of the building and the rest of the sidewalk seating area.

No bar shall be allowed in the sidewalk seating area.

Empty beverage containers shall be removed from the sidewalk seating area as soon as possible.

The appropriate city of Lodi use permit and alcoholic beverage control license shall be obtained prior to the operation of a sidewalk seating area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk seating area. Loss of such permit or license shall automatically constitute termination of the city approval to serve alcoholic beverages in the sidewalk seating area.

E.

Indemnification/Insurance. The permittee shall defend, indemnify, and hold harmless the city and its elected and appointed officials, officers, employees, and agents from and against all claims, losses, damage, injury, and liability for damages arising from the permittee's use of the right-of-way. The permittee shall provide to the city, in a form and in amounts acceptable to the risk manager, certificates of insurance, naming the city as an additional insured covering the area subject to the permit.

F.

Suspension of Permit. The director shall have the right to suspend or prohibit the operation of a sidewalk seating area or require removal at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches, and similar special events; repairs to the street, sidewalk, or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the sidewalk seating area must be suspended.

(Ord. No. 1948, § 1, 2-21-2018)