Martinez Municipal Code Ch. 12.04 General Provisions

Unless the context otherwise requires, the definitions in Chapter 12.08 and general provisions set forth in Sections 12.04.020 through 12.04.070 shall govern the construction of this chapter and Chapters 12.08 through 12.20.

(Prior code § 4200)

Any permit granted under this chapter and Chapters 12.08 through 12.20 shall not annul the right of the City, or any person, firm, corporation, district or association entitled to use that part of the public right-of-way for any purpose, for which it may be lawfully used, and no part of the public street shall be unduly obstructed at any time.

(Prior code § 4207)

This chapter and Chapters 12.08 through 12.20 shall not apply to any officer or employee of the City in the discharge of his official duties.

(Prior code § 4208)

Work which requires a permit and is being performed by any person, firm or corporation, under contract with the City, will be exempt from the fee and bond requirements of this chapter and Chapters 12.08 through 12.20. Public utilities entitled to occupy and maintain facilities in public rights-of-way shall be exempt from the requirements of Chapter 12.16 of this title.

(Prior code § 4209)

It is unlawful for any person, firm, corporation or association, without first obtaining a written permit, to 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 City, or to make or cause to be made any alteration of any nature, within, upon, over or under such right-of-way; or to construct, put upon, maintain or leave thereon, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature, whatever; or to remove, cut or trim trees thereon; or to set a fire thereon; or to place on, over or under such right-of-way any pipeline, conduit or other fixture; or to move 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 to place any structure, wall, culvert or similar encroachment; or to make any excavation or embankment in such a way as to endanger the normal usage or the right-of-way.

(Prior code § 4210)

No application will be accepted nor a permit issued for constructing or maintaining a loading platform upon a right-of-way, or for erecting, using or maintaining therein or thereon a post, pole, column or structure for support for advertising signs, and any such installation is an illegal encroachment.

(Prior code § 4211)

This chapter and Chapters 12.08 through 12.20 shall not prevent any person, association, firm or corporation from performing emergency maintenance of any pipe or conduit lawfully on or under any public street, or from making an emergency use, or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association or corporation making an emergency use or encroachment of a public street shall apply for a written permit therefor within ten calendar days, commencing with the first business day the City offices open. Any person, firm, association or corporation, requiring an emergency use, or encroachment, shall first notify the engineer's office. During the hours the City offices are closed, notification shall be given the Police Department.

(Prior code § 4212)

Any person aggrieved by the refusal of a permit required by this chapter and Chapters 12.08 through 12.20 may appeal to the City Council.

(Prior code § 4252)

If the City Council finds all of the following to be true, the permit shall be granted:

A. That the applicant will be substantially damaged by the refusal to grant the permit as requested;

B. That no other reasonable method of obtaining the desired results is available except as proposed by applicant;

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

(Prior code § 4253)