Lodi Municipal Code Art. II Permits

A. It is unlawful for any person, without first obtaining a written permit, to:

1. Encroach or to make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the incorporated territory of the city; or

2. Make or cause to be made any alteration of any nature within, upon, over or under such right-of-way; or

3. Construct, put upon, maintain or leave on any right-of-way, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or

4. Remove, cut or trim trees on such right-of-way; or

5. Set a fire on such right-of-way; or

6. Place on, over or under such right-of-way any pipeline, conduit or other fixture; or

7. Move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or

8. Construct, place, leave, erect, or maintain any sign, pole, fence, barricade, guardrail, furniture, goods, equipment, construction material, structure, encampment, camp paraphernalia, wall, culvert or similar encroachment; or

9. Make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way.

B. Before a vehicle or combination of vehicles or object of weight or dimension or other characteristic prohibited by law without a permit is moved on any right-of-way, a permit to do so must first be granted by the director as set forth in specifications established by the director, or as otherwise required by the director.

(Ord. No. 1948, § 1, 2-21-2018; Ord. No. 2028, § 4, 12-18-2024)

A. The director shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place of business of the applicant, together with such detail as in the judgment of the director is necessary to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment.

B. The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit, and of a size and in such quantity as may be prescribed, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon.

(Ord. No. 1948, § 1, 2-21-2018)

The written permits required by this article shall be issued by the director, at his or her discretion, subject to conditions set forth in this chapter or required by law.

(Ord. No. 1948, § 1, 2-21-2018)

No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column, or structure for support for advertising signs; or for any form of food vending by either stationary or mobile vehicles, carts, or other temporary structures, unless the applicant has obtained a written permit by the city council to park in the right-of-way pursuant to Section 10.44.080 of this code; or work that disturbs existing asphalt pavement on streets or alleys that have been resurfaced within the past five years.

No application will be approved nor permit issued for encroachments that will adversely impact the health, safety, and welfare of the city or injure other property, whether real or personal.

(Ord. No. 1960, § 2, 11-7-2018; Ord. No. 1948, § 1, 2-21-2018)

A. Any person aggrieved by the refusal of a permit required by this article may appeal to the city council. Administration of this chapter is referred to the director.

B. If the city council finds all of the following to be true, the permit shall be granted:

1. The applicant will be substantially damaged by the refusal to grant the permit as requested.

2. No other reasonable method of obtaining the desired result is available except as proposed by the applicant.

3. The granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property.

(Ord. No. 1948, § 1, 2-21-2018)

The permittee shall begin work or use authorized by permit issued pursuant to this article within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety days, or within the time stated in the permit, then the permit shall become void. A permit for continuing a use or maintaining an encroachment previously authorized shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use, or removal of the encroachment for which the permit was issued.

(Ord. No. 1948, § 1, 2-21-2018)

The permittee shall complete the work or use authorized by a permit issued pursuant to this article within the time and according to the terms specified in the permit. If the work is unduly delayed by the permittee and if the interest of the public reasonably so demands, the director shall have authority to complete the work or any portion thereof. The actual cost of such a work by the city plus twenty percent as an overhead charge shall be charged to and paid by the permittee or his surety.

(Ord. No. 1948, § 1, 2-21-2018)

A. The permittee shall keep any permit issued pursuant to this article at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the director or law enforcement officer on demand.

B. A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the director or law enforcement officer within a reasonable time after demand therefor is made.

(Ord. No. 1948, § 1, 2-21-2018)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the director. No permit shall be required for the continuing use of maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

(Ord. No. 1948, § 1, 2-21-2018)

A. The schedule of fees will be those recommended by the director and established and adopted by the city council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the city cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedule established and adopted by the city council.

B. Public utilities may, at the director's option, make payment for the charges provided for in subsection A of this section as billed by the city instead of advance deposit as required in subsection A.

(Ord. No. 1948, § 1, 2-21-2018)