Montclair Municipal Code Ch. 9.16 Public Streets and Other Public Rights-of-Way

No work shall be done on the streets or alleys of the City except by the authority of the City Engineer. All work shall be done in accordance with City Standard Drawings and "Standard Specifications for Public Works Construction," including the latest amendments written and promulgated by Southern California Chapters of American Public Works Association and Associated General Contractors of America Joint Cooperative Committee.

(Ord. 99-791 Exh. A (part); prior code § 7-2.01)

A. Permit Required. It is unlawful for any person to perform any digging or filling or to make any excavations in or upon any part of any street, alley, or other public right-of-way or public property, or to carry any dirt therefrom, or to burn anything thereon, or to in any way dam water in or upon any part of any street, alley, or other public right-of-way or public property, without first obtaining permission to do so from the City Engineer.

B. Deposit. When a permit is granted by the City Engineer to make any excavation in or upon any street, alley, or other public right-of-way or public property, the City Engineer may require a deposit from the person to whom such permit is granted, which deposit shall be sufficient to cover the cost of restoring the street, alley, or other public right-of-way or public property to the same condition it was prior to such excavation being made.

C. Safety Precautions. Should the City Engineer approve any such digging, filling, or excavation to remain open after dark, the person performing the work or in control of the work shall place traffic-safety devices in accordance with the "Specifications for Design and Construction of Public Works Facilities for the City of Montclair" and the "City of Montclair General Permit Conditions and Utility Trench Specifications."

(Ord. 99-791 Exh. A (part): prior code § 7-2.02)

The construction, placing or maintaining of bridges of any description across or over any gutter of any street in the City in such a manner as to be an obstruction to the ordinary flow of water in the gutter is expressly prohibited.

(Prior code § 7-2.03)

It is unlawful for any person to place or maintain, or cause to be placed or maintained, in or upon any public street, alleys, or other public right-of-way, or any portion thereof, any building, fence, tree, or other obstruction to the free use of such public street, alley, or other public right-of-way, or any portion thereof, unless an encroachment permit has been authorized by the City Engineer in accordance with the following provisions:

A. Encroachment Defined. "Encroachment" means and includes any wall, fence, or other object of any kind or nature that is placed in, on, under, or over any portion of any public right-of-way.

B. Fees for Encroachment. The City Engineer shall collect from the applicant a fee for the issuance of an encroachment permit. The amount of such fee shall be as set forth by City Council resolution. Any person placing or causing to be placed any encroachment within any public right-of-way without first obtaining an encroachment permit will be subject to a penalty as set forth by City Council resolution.

C. Revocation of Permits Involving Encroachments. Every encroachment permit shall be subject to the provision that in the event of any future public improvement, pursuant to any law of the State of California, or action of the City Council necessitating the relocation or removal of such encroachment, the City Engineer shall serve to the owner, occupant, or person in possession of the encroachment or to any other person causing the encroachment to exist a Notice of Revocation specifying that the encroachment must be removed from the public right-of-way and specifying a reasonable time within which the work of relocation or removal must be completed.

D. Revocation or Removal of Permitted Encroachments. Upon notice of revocation pursuant to subsection C of this section, the property owner shall relocate or remove such encroachment at his/her own expense pursuant to all items specified in said Notice of Revocation.

E. Procedure for Removal of Encroachments. The City Engineer may immediately have removed from any street, alley, or other public right-of-way any encroachment that is not removed or relocated within the time specified in the Notice of Revocation. Upon such removal, the owner of such property shall be responsible for the cost of such removal and shall be billed upon completion of this work.

(Ord. 99-791 Exh. A (part): prior code § 7-2.04)

A. Notice. It shall be the duty of the City Engineer to notify in writing any person obstructing any street, alley, public place or other right-of-way without having been issued an encroachment permit to remove the obstruction.

B. Service of Notice. Such notice may be given by delivering the same personally or by posting the same upon the. obstruction.

C. Failure to Remove. If such obstruction has not been removed within the time specified in such notice, the same shall be and is declared to be a public nuisance; and the City Engineer shall have the obstruction removed, which cost shall be borne by the person causing such encroachment.

(Ord. 99-791 Exh. A (part); prior code § 7-2.05)

Except as authorized by Chapter 9.29 of this Code, no boxes, merchandise of any description, wares, baskets, crates, chairs, tables, sports equipment, or any obstruction whatever to the free use of the width of the sidewalk for travel, or the space between the sidewalk and curb, shall be placed, kept, or permitted to remain upon or over any such sidewalk or places.

(Ord. 99-791 Exh. A (part); prior code § 7-2.06)

(Ord. No. 18-978-U, § 3, 12-17-18)

Except as otherwise provided by this Code, every property owner in the City shall keep the gutters, alleys, and sidewalks adjoining his or her premises free from natural grasses, weeds, leaves, rubbish, paper, rock, dirt, or other obstructions offensive to the senses, injurious to health, or impeding the free use of such places.

In the event of failure on the part of any person to comply with the provisions of this section within 48 hours after being notified in writing by the City Engineer, and in addition to the penalties provided for violations of the provisions of this Code, the City Engineer may cause the work to be done. The owner or holder of such property shall be responsible for the cost of the removal of such obstruction and shall be billed upon completion of this work.

(Ord. 99-791 Exh. A (part); prior code § 7-2.07)

A. Notice. Whenever any street, alley, or other public right-of-way is to be graded, oiled, reoiled, paved, or repaved, or is to be in any way improved, the City Engineer shall notify any corporation or company who may own or maintain pipes along such street or other public right-of-way of such improvements. Such corporation or company shall, within a time period specified by the City Engineer, begin to lay pipes along such street or other public right-of-way and to make the proper service connection with the property abutting such street or right-of-way.

B. Failure to Lay Pipes. Any corporation or company which fails to act upon the notice of the City Engineer to lay pipes in any street or other public right-of-way that is to be improved shall thereafter be denied the privilege of laying pipes along such street or other public right-of-way for a time period as determined by the City Engineer.

(Ord. 99-791 Exh. A (part): prior code § 7-2.08)

A. Completion of Work Required. No work performed upon, in, or under the surface of any street or alley by any person, company or corporation shall be left in an unfinished or dangerous condition but shall be completed without unnecessary delay and to the satisfaction of the City Engineer.

B. Failure to Complete Work. In the event of failure of any person, company or corporation to comply with the provisions of this section, the City shall have the right, after notice by the City Engineer to such person, company or corporation, to take any steps necessary to ensure the prompt and satisfactory completion of such work.

C. Repair of Damages. Whenever any excavation is made or other work is peformed in or on any street or alley pursuant to any law of the City, any and all damages to such street or alley resulting therefrom shall be promptly repaired without cost to the City and shall be subject to the approval of the City Engineer.

D. Failure to Repair Damages. If such damage is not immediately repaired, the City Engineer shall give notice in writing to the person, firm, company or corporation responsible therefor, and if the same is not repaired within one week after the service of such notice, the City Engineer shall cause such repairs to be made as are reasonably necessary to place such street or alley in the same condition as it was prior to such excavation being made or other work being performed. Such person, firm, company or corporation shall be responsible for the cost of such work and shall be billed upon completion of this work.

(Ord. 99-791 Exh. A (part); prior code § 7-2.09)

Except as otherwise provided pursuant to lawful franchise provisions, it is unlawful for any public utility or other company or individual to erect, or cause to be erected, poles for the stringing of wires for telephone, telegraph or electrical service, or for any other purpose for which poles are erected and wires are strung along public streets, without first obtaining a permit from the City Engineer to erect such poles or string such wires.

Except as otherwise provided pursuant to lawful franchise provisions, the placing of all poles along the streets of the City shall be under the direct control of the City Engineer. Such poles shall be so placed as to interfere as little as possible with public safety and private convenience, and any company or individual erecting poles on or along the streets of the City shall only place the same as directed by the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 7-2.10)

A. Authorized. The City Engineer is authorized to close any street, or any portion of any street, during the time required for the improvement of such street and making the necessary repairs thereon and may keep the same closed until such time as it may be ready for travel.

B. Barriers and Lights. In closing any street or portion thereof, the City Engineer shall place barriers at each extremity of the street closed and at all intersections of cross streets. At night, there shall be placed on each of such barriers an illuminated warning device to warn persons of such danger.

C. Barriers and Lights: Observance by Public. During the time a street or portion thereof is closed by the City Engineer, it shall be unlawful for any person to travel over the same without permission from the City Engineer; and it shall be unlawful for any person to remove, alter, damage or destroy any barrier or warning device placed pursuant to this section. Any person violating or failing to comply with any of the requirements of this section shall be guilty of a misdemeanor and shall be liable under the provisions set forth in Chapter 1.12 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 7-2.11)

A. It shall be the duty of every owner of real property to maintain such property to the following standards:

1. Landscaping. All shrubs, trees and other landscaping located along the lines of any street bordering the property shall be maintained in such condition so that no part of the shrubs or other landscaping shall project over the property line onto the sidewalk or street. The shrubs or other landscaping shall also be trimmed to a height that shall not cause a sight obstruction for vehicular or pedestrian traffic. Such determination of height shall be made by the Director of Public Works.

2. Trees. Trees located between the property line and the curb or street are designated as "City trees" and the pruning, planting and removal of "City trees" are regulated pursuant to the City Tree Policy Manual.

B. In the event of neglect or refusal of the property owner to observe the provisions of this section, the Director of Public Works shall notify such owner in writing indicating the work to be performed and a time period within which such work shall be performed. Such time period shall be set at the discretion of the Director of Public Works. In the event the work indicated is not completed within the specified time period, the Director of Public Works may cause the necessary work to be performed. The owner of such property shall be responsible for the cost of such work and shall be billed upon the completion of such work.

(Ord. 99-791 Exh. A (part): prior code § 7-2.12)

It shall be the duty of the City Engineer and Director of Public Works to see that there is compliance with the provisions of this chapter and that such provisions are strictly enforced.

(Ord. 99-791 Exh. A (part): prior code § 7-2.13)