Chapter 12.04 — IN GENERAL

(a)

The purpose of this title is to regulate work within public rights-of-way to control the nature, type, depth, location of the work and facilities placed therein or thereon; to regulate safety standards, traffic protection, repair of damage, relocation of facilities, liability, bonds and insurance; and to permit the continuance of regulated encroachments within the public right-of-way. The purpose is also to protect the traveling public and pedestrians from unsafe conditions connected with the work. This title may be cited as the "right-of- way construction title."

(b)

In order to further the purposes of this title, the Director is authorized to administer its provisions, including issuing bulletins and policies to interpret or clarify the technical details of this title.

(Code 1990, § 12.04.010; Ord. No. 03-08, 2003)

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means a person duly and legally authorized in writing to act for another.

Annual permit means a permit issued annually for ordinary maintenance or emergency work for all the permittee's facilities in the right-of-way.

Construction standard details means the rules and regulations of the Director specifying details of work to be completed in the right-of-way.

Contractor means any licensed contractor legally acting as an agent of or on the behalf of the owner, or the owner, if the owner is doing the construction.

Department means the Department of Public Works of the Town, or any of its officers or employees.

Director means the Town Public Works Director.

Emergency means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the Town, requiring the combined forces of other political subdivisions to combat.

Encroachment includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand, curb, driveway, paving, facility, building, excavation or any structure or object of any kind or character not specifically mentioned in this definition, which is placed in, under or over any portion of the right-of-way of a Town street.

Facilities means any permanent or temporary placement of any tangible item in, on or under any Town right-of-way, including, but not limited to, items such as pipelines, storage tanks and other equipment used in the movement of goods to consumers.

Franchisee means any person who has entered into a duly authorized franchise agreement with the Town permitting the placement of structures within the public right-of-way.

Permittee means any person to whom the Town has issued a right-of-way construction permit pursuant to this title. The permittee shall be the owner or authorized agent. A person who has applied for, or is in the process of applying for, a right-of-way construction permit pursuant to this title may be described as an "applicant." The terms "the permittee" and "applicant" include agents thereof.

Right-of-way means any public right-of-way, including, but not limited to, streets, roads, alleys, sidewalks, curb or curb cutouts, or any property which the Town may lawfully use as a right-of-way.

Right-of-way construction means the erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting or demolishing, equipping, using, occupying or maintaining any tangible structure or facility, or excavating any soil, located wholly or partially in, on, above or below any public right-of-way.

State specifications means the current standard specifications of the State Business and Transportation Agency, Department of Transportation (CalTrans).

Street includes all or any part of the entire width of right-of-way of a Town street, road or alley, whether or not such entire area is actually used for street purposes.

(Code 1990, § 12.04.020; Ord. No. 03-08, 2003)

(a)

Encroachment permit issuance. Notwithstanding Section 12.08.010, the Director may issue in writing an encroachment permit to any person who wishes to maintain facilities within the public right-of-way or on public property where the Director finds that the issuance of a franchise for such facilities is not appropriate and that such facilities are not detrimental to the public safety, health and welfare. An encroachment permit may authorize a permittee to do any of the following acts:

(1)

Place or display in, under or over any Town street any type of informational sign or similar device where permitted by the Town sign ordinance. Any sign or device placed contrary to the provisions of this title is a public nuisance and shall be removed immediately. Any permitted sign shall also conform to the applicable provisions of the Town sign ordinance and State and Federal law. Nothing contained in this title shall prohibit the posting of any notice in the manner required by law or by the order of any court of the State;

(2)

Plant, remove, cut down, injure or destroy any tree, shrub, plant or flower growing along such Town streets or Town property;

(3)

Temporarily place or store any construction materials, storage bin, container or similar objects;

(4)

Construct, leave, place, store or maintain any temporary or permanent object, including walls, fences or similar structures;

(5)

Construct, leave, place or maintain any building or part thereof, including an accessory structure.

(b)

Snow removal. It shall be unlawful to push snow, haul snow, place snow in any Town right-of-way or snow storage easement or leave snow in a position where it will fall into the Town right-of-way or snow storage easement, without written authorization from the Town. Hauling snow in the Town right-of-way is allowed

only if it is to deposit such snow legally in the Town snow storage pit, on a lot approved for snow storage by a temporary use permit, or other Town authorized hauling operations.

(1)

The Town right-of-way generally extends ten feet beyond the snow stakes, both sides of the road but may exceed this in places. Town rights-of-way are normally 60 feet of width for residential streets but will exceed this on collector or arterial roadways. This area is for the storage of snow by the Town or its authorized agents only. Placement of snow in any Town right-of-way or Town-owned storage easement is illegal; and any costs of removing such snow may be assessed against the snow removal operator placing such snow in the right-of-way or snow storage easement and/or against the property from which such snow came, in addition to any other penalties authorized by this Code and other applicable laws.

(2)

Off-site snow storage is prohibited without a snow storage permit. It is prohibited to use the rights-of-way for any temporary or permanent snow storage without an approved encroachment permit. Under no circumstances shall there be any remains of snow left in the public right-of-way other than what has naturally occurred or was placed there by Town authorization.

(3)

It shall be the responsibility of the permittee, property owner, and snow removal operator to know where the property boundaries, rights-of-way boundaries, and snow storage easements are for the purpose of on- site snow storage.

(c)

Form. The encroachment permit is in the nature of a license revocable with or without cause by the Town at any time. The permit shall include conditions established by the Director to protect the public health and safety, minimize public inconvenience, and ensure the Town's proprietary interest in its streets and public places. The encroachment permit shall be in a form approved by the Town Attorney. The Town Attorney may require the circulation of a notice concerning the proposed encroachment to interested parties.

(d)

Maintenance. The permittee agrees, by the acceptance of a permit pursuant to this section, to exercise reasonable care to maintain properly any encroachment placed by the permittee or owner in the street and to exercise reasonable care to inspect and immediately repair any damage to any portion of the street which occurs as a result of the encroachment in the street, or as a result of the work done under the permit. The term "damage," as used in this section, includes, but is not limited to, any damage to the street which would not have occurred had such work not been done or such encroachment not placed therein.

(e)

Liability. The permittee shall maintain insurance and indemnify, defend and hold harmless the Town and its agents and officers, in accordance with Section 12.08.140. Any encroachments are the responsibility of the permittee. The Town assumes no responsibility or liability for any damages to, or caused by, such

encroachments. Failure to keep encroachments in a state of repair to the satisfaction of the Director shall constitute grounds for revocation of the encroachment permit and all rights thereof at the sole cost of the permittee.

(f)

Removal. The permittee, in consideration of the terms of this section, agrees to, at the permittee's sole expense, within 60 days after receipt of written notice by the Director, remove the encroachment and restore the street or public property to a good and first-class condition satisfactory to the Director. Should the permittee fail, neglect, or refuse to remove the encroachment and restore the street or public property, the permittee expressly authorizes the Town to remove the encroachment and restore same and promises and agrees to pay to the Town the actual expense involved therein, in the same manner as provided in Section 12.08.140. Permittee expressly releases the Town, the Town Public Works Department and all officials, agents and employees of the Town of any liability of claim of damage by reason thereof.

(Code 1990, § 12.04.190; Ord. No. 03-08, 2003)