Monte Sereno Municipal Code Ch. 8.03 Encroachments, Obstructions and Excavations

I. "Encroachment" shall mean any tower, pole, pole line, pipe, pipe line, fence, billboard, landscaping, stand or building, or any structure or object of any kind or character not particularly mentioned in this Section, which is placed in, under or over any portion of the entire width of right-of-way of a City street, whether or not such entire area is actually used for street purposes.

A. "Fence" shall mean any obstruction of whatever material or composition which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon that property.

B. "Hedge" shall mean any group of shrubs planted in a line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line.

C. "Roadway" shall be as provided in the Vehicle Code of the State of California.

D. "Safety Zone" shall be as provided in the Vehicle Code of the State of California.

E. "Shrub" shall mean a bush, not a hedge, or a growing plant more than twelve (12) inches, but not more than ten (10) feet tall, standing singly and not of such character as to need annual replacement.

F. "Sidewalk" shall be as provided in the Vehicle Code of the State of California.

G. "Street or Highway" shall be as provided in the Vehicle Code of the State of California.

H. "Trees" shall mean any growing plant exceeding ten (10) feet in height, whether planted singly or as a hedge.

No owner or lessee of any premises abutting upon any public street shall permit the existence of obstructions defined by Section 8.03.030 to be a nuisance.

I. The following shall be a non-exclusive list of obstructions which under this Chapter are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks and of vehicles on the rights-of-way abutting thereon and are hereby declared to be a public nuisance and prohibited as unlawful:

A. A tree with limbs overhanging the public street or sidewalk, the lowest part of which is less than ten (10) feet above said street or sidewalk.

B. A hedge or shrub overhanging the street or sidewalk.

C. Any hedge or shrub or limb of a tree which is so situated as to obscure and impair the unobstructed view of intersecting traffic by passing motorists or pedestrians or obscure and impair the view of street, traffic and other control devices and signs placed upon the streets for the safety of the public.

D. Any hedge or shrub or limb of a tree which is so situated within a triangle delineated by sides forty (40) feet long on the right-of-way lines of intersecting streets, measured from the point of intersection of said lines or their extensions, and the hypotenuse connecting the ends of said sides when such hedge or shrub or limb of a tree would obscure and impair the view of street, traffic and other control devices and signs placed upon either street for the safety of the public.

E. Any other encroachment that exists in the City which was built without a proper permit issued by the City.

I. Upon determining that one or more of the nuisances prohibited by this Chapter exist on premises within the City of Monte Sereno, or that any other similar obstruction to the passage of vehicles or pedestrians at intersections exists on premises within the City, the City Engineer shall give written notice to the owner, tenant or person having charge or control of the premises to remove therefrom the nuisance or obstruction described therein.

A. It shall be unlawful for the owner, tenant or person having charge or control of the premises on which the nuisance or obstruction exists to neglect or fail to remove the nuisance or obstruction therefrom within five (5) calendar days after service of the notice upon the owner, tenant or person having charge or control of the premises.

B. Upon determining that one or more of the nuisances prohibited by this Chapter or any other similar obstruction to the passage of vehicles or pedestrians at intersections exists on premises within the City of Monte Sereno, and, in the opinion of the City Engineer, such nuisance or obstruction constitutes an immediate danger to public streets or public places and, further, that any delay in the removal thereof would create a traffic hazard and would be imminently dangerous to public health, safety or welfare, then the City Engineer forthwith shall give written notice to the owner, tenant or person having control of the premises to remove the nuisance or obstruction described therein within twenty-four (24) hours.

C. It shall be unlawful for the owner, tenant or person having charge or control of the premises on which the nuisance or obstruction exists to neglect or fail to remove the nuisance or obstruction therefrom within twenty-four (24) hours after service of the notice upon the owner, tenant or person having charge or control of the premises.

D. Any notice required to be given by this Section shall be served either personally upon the owner, tenant or person having charge or control of the premises, or by certified mail addressed to the owner at his address shown on the latest adopted tax roll of Santa Clara County.

E. In the event the owner, tenant or person having charge or control of the premises fails to remove the nuisance or obstruction within the time specified in the notice, the City Engineer shall cause the nuisance or obstruction to be removed and the cost thereof shall be assessed against the owner of the property.

F. The City Engineer shall keep an account of the cost of abating such nuisance or obstruction and shall submit an itemized statement thereof to the City Council at its next subsequent meeting thereafter. The City Council shall set the time and place of hearing on the statement of costs. The City Clerk shall give notice of such hearing and shall serve a copy of the statement at least seven (7) days prior to the hearing, either personally or by certified mail, to the owner of the premises addressed to the owner at his address as shown on the latest adopted tax roll of Santa Clara County. If the owner of any premises is unknown, the notice and statement shall be posted on the bulletin board of the Monte Sereno City Office, 18041 Saratoga-Los Gatos Road, Monte Sereno, California, for at least seven (7) days prior to the hearing.

G. At the hearing, the City Council shall receive and consider the statement of costs and the objections thereto, if any, and may raise, lower or modify the amount alleged to be due herein. The determination of the City Council thereon shall be final and conclusive, and the amounts of the cost of abating such nuisance or obstruction upon the real property set forth in the statement of costs, and shall constitute a special assessment against the real property. Upon confirmation of such statement, a full and correct copy thereof shall be delivered to the Santa Clara County Assessor', who is the assessor for the City of Monte Sereno and it shall be the duty of said Assessor to add the amounts set forth in such statement and charged against any real property to the amount assessed against the same for municipal taxes and assessments, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary city taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

H. Notwithstanding any other provision contained herein, the amount of any confirmed statement of costs shall be deemed a debt due to the City of Monte Sereno which may maintain a civil action thereon in its own name in any court of competent jurisdiction for the amount thereof, together with its court costs and attorney's fees.

No person or agency, whether public or private shall construct or maintain any encroachment along or across any street, road or highway in the City or make any excavation or cut therein for such purpose without first obtaining a permit so to do in the manner herein provided.

I. Any person or agency, whether public or private, desiring to construct, lay or maintain any encroachment along or across any street, road or highway under jurisdiction of the City of Monte Sereno shall make application in writing to the City together with:

A. A fee, the amount of which shall be fixed by Resolution of the City Council; and,

B. An amount of money sufficient, in the opinion of the City Engineer, to cover the total cost of the contemplated work, or in the discretion of the City Engineer, a good and sufficient bond in lieu thereof. Provided that the City Engineer may in his discretion waive the requirement for the deposit of said amount of money or bond for public agencies or public utility corporations which are entitled to operate or maintain facilities in public rights-of-way either by operation of law or pursuant to a franchise granted by the City. Said deposit or bond is required for the purpose of ensuring the proper restoration of said highway and shall be forfeited or called, as the case may be, in the event that the work is not properly done as herein provided.

Encroachment permits for driveways, utilities, drainage or other encroachments, or for landscaping purposes, shall be issued by the City Engineer.

Such encroachment shall be laid or constructed and such highway shall be restored in the manner required and specified herein, which work shall be done in all cases under the supervision and to the satisfaction of said City Engineer.

Excavation: Excavation of trenches adjacent to the existing pavement shall be conducted on only one (1) side of the pavement at a time and no excavation shall be started on the opposite side until the trench first excavated has been filled, compacted and surfaced as per requirements below.

1. No more trenches shall be opened than can be properly and completely backfilled in one (1) day. No more than seven hundred (700) feet of trench shall be open at any time on any project unless authorized by the City Engineer.

2. One (1) traffic lane shall be kept open and in safe condition at all times.

3. Adequate warning and regulatory signs and other safety measures shall be taken at all times to protect the public who may or must be present in the area where work is being performed.

4. Complete closure of all traffic lanes may be made at the discretion of and in accordance with plans for detours approved by the City Engineer.

5. Twenty-four (24) hours advance notice must be filed with the City Engineer, stating the road to be closed, the limits and approximate duration of closure. And the City Engineer shall be immediately notified upon reopening of the road to emergency vehicles.

6. The City Engineer shall be supplied at all times with the names and telephone numbers of at least two (2) persons in charge of or responsible for the work subject to permit who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week.

A. Backfill: Backfill in all trenches shall be made by mechanical tamping or jetting as specified by the City Engineer. Compaction shall be attained by any type of mechanical tamper capable of meeting the compaction requirements.

1. Backfill shall be compacted in lifts of a thickness designated by the City Engineer and dependent upon the type of soil and mechanical tamper used. A relative compaction of ninety percent (90%) must be obtained on all backfill below two (2) feet of finished grade. A relative compaction of ninety-five percent (95%) shall be required in the top two (2) feet of trench within the roadway section.

2. Relative compaction shall be based on the Five-Layer Method outlined in the 1954 State Standard Specifications.

3. No jetting will be allowed within two (2) feet of the surface. Untreated base material conforming to Section 16 of the State Standard Specifications, except as herein modified under "Untreated Base" shall be placed along the entire trench section with a minimum thickness of twelve (12) inches.

4. The City reserves the right to make as many compaction tests as it deems necessary in order to meet compaction requirements. The costs of such tests shall be borne by the person performing the excavation in, along and across the highway.

5. Prior to laying the armor coat or plant mix surfacing pavement, as the case may be, a tack coat of SC-1 road oil shall be applied to the surface of the existing trench prior to paving, the rate of application to be determined by the City Engineer. An asphaltic emulsion tack coat may be substituted for the SC-1 road oil at the discretion of the City Engineer.

6. Upon completion of the backfill and prior to placing the pavement in the trench section, the pavement adjacent to the work shall be thoroughly cleaned to the satisfaction of the City Engineer. A power broom shall be used if so required by the City Engineer.

B. Restoration of Pavement: Where it is necessary to remove existing high type classes of pavement, such as Portland cement concrete, asphaltic concrete, plant mix surfacing, or oil macadam, said pavement shall be restored to its condition as to line, grade, type and depth as existed prior to excavation.

Minimum requirements of restoration:

1. Hot plant mix surfacing pavement conforming to the requirements of Section 20 of the Standard State Specifications may be substituted for existing asphaltic concrete, plant mix surfacing or oil macadam pavement.

2. The type of plant mix surfacing is to be determined by the City Engineer.

3. When a satisfactory permanent repavement of an excavation cannot be made, the City Engineer shall require a temporary pavement consisting of thirteen (13) inches of compacted untreated base material and two (2) inches of cold plant mix surfacing meeting the surface of existing pavement and sealed with asphaltic emulsion seal coat. The temporary type of pavement is to remain in place and be maintained until compaction requirements can be met. The temporary pavement shall then be removed to a minimum depth of three (3) inches below the existing surface, and the pavement replaced with three (3) inches of hot plant mix surfacing, the surfacing to be feathered out over the existing pavement to prevent surface water from entering the excavated trench section. The extent of the feathered section is to be determined by the City Engineer.

4. The pavement surface is then to be sealed with asphaltic emulsion seal coat.

5. Where the depth of the existing higher type classes of pavement exceeds three (3) inches in thickness, and where the existing imported base material exceeds twelve (12) inches in thickness, the depth shall be restored in kind, with untreated base material and hot plant mix surfacing.

6. Existing Portland cement concrete pavement shall be restored in kind in all cases where Portland cement concrete pavement now exists.

7. Roads and highways consisting of existing single and double seal coat or armor coat type of pavement will require a temporary pavement restoration consisting of twelve (12) inches (compacted) of untreated base material and an application of single seal coat using one-half by four (½ × 4) inch crushed screenings. Depending on weather conditions, two (2) inches of cold plant mix surfacing may be substituted for a temporary single seal pavement.

8. After a period of from sixty (60) to ninety (90) days, a permanent pavement of single seal coat placed over the temporary single seal coat pavement, conforming to the requirements of Section 23 of the Standard State Specifications shall be applied to the surface, the extent of such pavement overlapping the existing trench to be determined by the City Engineer.

9. Only crushed granite screenings or equivalent shall be used in all temporary and permanent pavement restoration.

10. A double seal coat may be applied immediately if trench compaction meets the requirements of this Chapter.

11. When a single operation, consisting of crossing the pavement (not confined to a continuous project parallel to and following the general alignment of the road), is proposed on roads of high classification, it will be necessary to bore pipe or jack a casing enclosing the pipe underneath the pavement. If it is proved to the satisfaction of the City Engineer that it is not feasible or practical to jack or bore underneath the pavement, the pavement may be cut and restored with twelve (12) inches of compacted untreated base material, six (6) inches of Class "A" concrete keyed five (5) inches outside the edge of the trench on each side and followed by three (3) inches of hot plant mix surfacing and sealed with asphaltic emulsion seal coat. Excavations may be backfilled with sand and pavement replaced in kind when specifically authorized by the City Engineer.

C. Untreated Base: Untreated base material shall conform to the provisions of Section 16 of the Standard Specifications of the California Division of Highways, dated August, 1954, as herein modified for one and one-half (1-½) inch maximum size aggregate.

Sieve not to exceed seventy-five (75) with a P.I. of seven and five-tenths (7.5) maximum.

Untreated base shall be placed in all trench excavations accessible to vehicular traffic.

D. Miscellaneous Provisions:

1. City may, as a condition to granting an encroachment permit, require a field inspection with representatives of both the applicant and the City Engineer. A description of the condition of the existing pavement and shoulders will be filed with the City Engineer and the applicant. Pavement shoulders disturbed by the applicant's operations will be restored at the applicant's expense to the satisfaction of the City Engineer. Small utility extensions and lateral connections to existing sanitary sewers may be exempted from the requirements of such prior field inspection. In such event, encroachment permits may be issued upon receipt of request therefor together with a sketch showing location or a written description of the proposed work.

2. Property owners shall be protected from any damage to property and dust nuisance. A water wagon shall be available on demand of the City Engineer.

3. Written permission of the City Engineer shall be required for excavations made between November 1 and March 1.

4. Any non-compliance with these specifications shall be remedied within five (5) days after written notice to do so by the City Engineer. Upon failure to conform with the request of the City Engineer within said five (5) day period, the City shall be entitled to proceed to correct the deficiency and any costs thereof shall be the obligation of the applicant. The City may perform any emergency work requiring immediate attention which applicant fails or is unable to remedy all costs of such work which shall be the obligation of the applicant.

5. Inspection costs incurred by the City in the progress of the applicant's operations shall be reimbursed to the City by the applicant. The City shall be the sole judge as to the need of such inspection.

6. The City Engineer shall be notified forty-eight (48) hours prior to the actual beginning of any excavation in, along or across any road or highway in the City.

7. No work shall be deemed completed until final approval thereof is made in writing by the City Engineer.

8. Applicant may be required to indemnify and save harmless the City, its officers and employees from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising out of the excavations covered by this Section.

9. Applicant at the discretion of the City Engineer shall maintain the condition of his excavation and pavement restoration to the satisfaction of the City Engineer.

No person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, any dirt, rocks, gravel, mud, or any other objects of any nature or description on the traveled portions of any City highway.

The City Engineer or his or her agents may remove any such dirt, rocks, gravel, mud, or any other objects of any nature or description from the traveled portions of any City highway, and the person, or the principal or employer of said person, causing such dirt, rocks, gravel, mud or any other objects to be placed, deposited, or dumped on such City highway shall be liable to the City for any expense in connection with the removal thereof.

The provisions of the foregoing sections are not intended to substitute for, but to supplement all the laws of the State of California relative to the obstruction of public highways.

No person shall drive, operate, tow, or otherwise transport any cleated vehicle on, upon, or across any City highway in a manner which permits or causes the cleats of such vehicles to come into contact with the paved portion of said highway.

In addition to any of the remedies provided for in this Chapter or by law for the violation hereof, the City Attorney may maintain an action for injunction to restrain or abatement to correct or compel the removal of any obstruction, nuisance and/or encroachment. The City may recover any court costs and attorney's fees inured as a result of having to remove obstruction, nuisance or encroachment from the owner of the property where the obstruction, nuisance or encroachment is located.