Martinez Municipal Code Ch. 12.20 Rules and Regulations

A. The permittee in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued pursuant to this chapter and Chapters 12.04 through 12.16, shall provide, erect and/or maintain such light barriers, waning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public. Any omission on the part of the engineer to specify in the permit what lights, barriers or other protective measures or devices shall be provided, erected or maintained by the permittee, or the fact that the engineer may not specify sufficient lights, barriers or other protective measures or devices 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. If, at any time, the engineer finds that suitable safeguards are not being provided, the City may, after first notifying the permittee, provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

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 50-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 or illuminated warning signs conforming to the requirements of the California Director of Highways shall be placed approximately 200 and 400 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 the requirements of Section 21406 of the Vehicle Code and of "The Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways" issued by the Department of Public Works of the State.

(Prior code § 4229)

Before beginning any work which includes 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 engineer of the time of beginning work, unless otherwise exempt in the permit.

(Prior code § 4230)

Unless this section is waived in the permit, the permittee, upon completion of all work, shall notify the engineer. No work shall be deemed to be completed until notice of completion is given pursuant to this section.

(Prior code § 4231)

If the work, use or encroachment authorized in a permit issued pursuant to this chapter and Chapters 12.04 through 12.16 interferes with the established drainage, the permittee shall provide for proper drainage as approved by the engineer.

(Prior code § 4232)

All work or use shall be planned and executed in a manner that will cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public without written permission of the engineer, nor shall use of private property be interfered with unreasonably without the consent of the owner.

(Prior code § 4233)

A. Upon completion of the work, acts or things for which a maintenance or encroachment permit was issued, or when required by the engineer, the permittee shall replace, repair or restore the right-of-way as provided by this chapter and Chapters 12.04 through 12.16 and adopted specifications, or as directed by the engineer, within the limits of the specifications. The permittee shall remove all obstructions, impediments, materials or rubbish caused or placed upon the right-of-way, and shall do any work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the engineer.

B. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. The permittee shall, upon notice from the engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that 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 actual costs of labor and materials, plus fifteen percent, as administrative costs. By acceptance of the permit, the permittee agrees to comply with the above.

(Prior code § 4234)

A. If any future construction, reconstruction or maintenance work on a public right-of-way requires the relocation or removal of installations or encroachments in, on or under the public right-of-way, the permittee, owning, controlling or maintaining such installations or encroachments shall relocate or remove the same at his sole expense provided, however, that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which the installations or structures are located shall be used for usual street purposes and not as a highway, and this provision shall cease to apply when such street shall become a highway. When removal or relocation is required, the engineer shall give the permittee a written demand specifying the place of relocation, or that the installation or encroachment must be removed from the right-of-way, and specifying in the demand a reasonable time within which the encroachment must be removed or relocated. If the permittee fails to comply with the instructions, the City may cause the removal or relocation of the encroachment at the expense of the permittee.

B. The provisions of this section shall not apply to public utility corporations subject to other laws and contractual benefits relating to the costs of relocation and which are in conflict with the provisions contained herein.

(Prior code § 4235)

A. All encroachment repair work done under a permit issued pursuant to this chapter and Chapters 12.04 through 12.16 shall conform to specifications established by the engineer in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to approval of the engineer.

B. Unless otherwise noted on the permit, all encroachment repair work performed on any public street or right-of-way under the jurisdiction of the City shall conform to City construction specifications.

(Prior code § 4236)

No materials shall normally be stored within 5 feet of a public street, except that sections of pipe or other materials may be strung out or laid in a public street as may be required provided that reasonable safety precautions are exercised as otherwise provided for in this chapter and Chapters 12.04 through 12.16. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the engineer.

(Prior code § 4237)

Utility, service and other small diameter pipes or rigid conduits shall be jacked, bored, driven or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless installation of the pipe or conduit in the manner described herein is not practical in which case the damaged surface shall be reasonably restored to its preexisting condition.

(Prior code § 4238)

The minimum cover over any and all pipes or conduits larger than 2 1/2 inches installed within the right-of-way shall be 3 feet of each of imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of 3 feet shall be measured from the surface, existing or planned. The engineer is authorized to permit installation of pipes or conduits where 3 feet of cover cannot be provided because of topography, structure or other engineering necessity.

(Prior code § 4239)

Backfilling and compaction of an excavation shall be in accordance with specifications established by the engineer and adopted by resolution of the City Council, both as to materials and method.

(Prior code § 4240)

A. Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the Public Utilities Commission and other public agencies having jurisdiction.

B. No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders and regulations of the Public Utilities Commission.

C. The permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least 5 feet of poles when ordered by the engineer.

D. When a pole, guy, stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(Prior code § 4241)

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the engineer may require that the pole or other obstruction be painted or equipped with the reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Public Works of the State at the expense of the permittee.

(Prior code § 4242)

It is unlawful for any person to erect or maintain any pole for the purpose of carrying or supporting wires for the transmission of electricity or lighting, power, telephone or other purposes, upon Main Street between Pine Street and Alhambra Avenue, or upon Ferry Street between the Southern Pacific right-of-way and Green Street, all being within the City.

(Prior code § 4243)

It is unlawful for any person owning real property, or a tenant thereof, on or along Main Street between Pine Street and Alhambra Avenue, or upon Ferry Street between the Southern Pacific right-of-way and Green Street, to permit or to compel any person, firm or corporation supplying electricity, to suspend or to continue to suspend from his premises any overhead distribution line along the above-described portions of Main and Ferry Streets for the purpose of supplying such premises with electricity.

(Prior code § 4244)

When authorized by a permit issued pursuant to Section 12.20.040 of this chapter to move a vehicle or combination of vehicles or load of dimension or weight or other characteristic as generally prohibited 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 travels, or weight which may be placed upon a structure, or the width or height that may be moved thereon or thereover, or which otherwise restrict or control travel on a public street, unless otherwise exempt by special permit. The permittee at all times shall 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 street over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

(Prior code § 4245)

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 road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes.

(Prior code § 4246)

A. No hedge, shrub or other planting whatever, fence or similar structure, except as provided in Section 12.20.210, shall be planted, erected or maintained in the 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 pedestrian 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 or 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.

(Prior code § 4247)

The permittee or property owner, shall maintain the hedges, shrubs or other plantings, fence or similar structure, used for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this section, or is located in violation of Section 12.20.190, the engineer 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.

(Prior code § 4248)

A. Other provisions of this chapter and Chapters 12.04 through 12.16 notwithstanding, it is lawful for a person, firm, corporation or other body of persons to plant and maintain a lawn or similar ground cover of any grass or type not otherwise prohibited by law within the right-of-way of a public street without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public street nor into the drainage ditches, gutter or other drainage facilities.

B. The general public may not be denied the use of the planted area for pedestrian travel or other lawful use. The City may use the planted area for any purpose whatever and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter and Chapters 12.04 through 12.16. If the lawn or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise.

(Prior code § 4249)

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 temporary markings for the purpose of identifying survey or construction locations shall not be subject to this section.

(Prior code § 4250)

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/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 permission from the engineer to do so, the permission to be granted in conformance with requirements as set forth in specifications adopted by resolution of the City Council. Replacement of removed or disturbed monuments will be at the expense of the permittee.

(Prior code § 4251)