Chapter 6.2 — STREETS AND SIDEWALKS

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.102

§ 6.2.102

Article 1 GENERAL PROVISIONS

As used in this chapter, the following words and phrases shall have the meanings given in this section:

• a. "Public highway" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public highways, except highways forming a part of the State highway system or of an incorporated City street system.

• b. "Right-of-way" means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

• c. "Encroach" includes going on, over, or under, or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

  • 1. Excavating or disturbing the right-of-way;
  • 2. Erecting or maintaining any post, sign, pole, or fence on, over, or under the right-ofway;
  • 3. Planting any tree, shrub, grass, or other growing thing within the right-of-way;
  • 4. Placing or leaving on the right-of-way any rubbish, brush, leaves, earth or any material;
  • 5. Constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, or cable;
  • 6. Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit;
  • 7. Lighting or building a fire within the right-of-way;
  • 8. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment.

• d. "Permittee" means any person, firm, company, corporation, association, public agency, or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the City Engineer. All obligations, responsibilities, and other requirements of the permittee as described in this title shall be binding on subsequent owners of the encroachment.

• e. "Public transportation project" means any capital improvement project involving a City street, sidewalk, and/or right-of-way.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.102

§ 6.2.112

• f. "Public utility" means any public utility located within the City, including, but not limited to, gas and electric companies and water and sanitation districts.

• g. "Public utility owner" means the owner of any public utility and corresponding infrastructure located within the City.

• (Ord. 02-15, 1/27/2015; Ord. 19-19, 11/12/2019)

Any permit granted under this chapter 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 highway shall be unduly obstructed at any time.

This chapter shall not apply to any officer or employee of this City in the discharge of his/her official duties.

No person, firm, corporation, or association, without first obtaining a written permit, shall:

• a. Encroach or make any encroachment within, on, over, or under the limits of any right-ofway;

• b. Make any alteration within, on, over, or under right-of-way;

• c. Construct, put on, maintain, or leave on a right-of-way any obstruction or impediment;

• d. Cut, or trim trees or set a fire on a right-of-way;

• e. Place on, over or under a right-of-way any pipeline, conduit, or other fixture;

• f. Move over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by this 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 rightof-way; or

• g. Place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment so as to endanger the normal usage of the right-of-way.

Prohibition. No application will be accepted, nor any permit issued for constructing or maintaining a loading platform within or on the right-of-way; or for erecting, using or maintaining a post, pole, column, or structure for the support of advertising signs within or on the right-of-way; or for erecting, using or maintaining advertising signs which overhang the rightof-way. Any such encroachment is illegal.

This chapter shall not prevent any person from performing emergency maintenance on any

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City of Oakley, CA

OAKLEY CODE

§ 6.2.112

§ 6.2.118

pipe or conduit lawfully on or under any right-of-way, or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use or encroachment of a right-of-way shall apply for a written permit within 10 calendar days, beginning with the first business day the City offices open. Any person requiring an emergency use or encroachment shall first notify the City Engineer’s office. During the hours the City offices are closed, notice shall be given the Police Chief’s office.

Any person aggrieved by the decision of the City Engineer, or his/her designee, shall have the right to appeal the approval, conditional approval, or disapproval of the application to the City Manager or his/her designee (the "City Manager"). Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the City Engineer’s decision final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.

If, in addition to the requirements of this chapter, the City Manager 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.

• a. Removal. The City Engineer may immediately remove an encroachment which is an advertising sign or device of any description, except a notice posted as provided by law or court order.

• b. Disposition. The City Engineer may sell, destroy or otherwise dispose of such an encroachment if it is unclaimed for 10 days after its removal.

• c. Claims. Any person signing a verified claim of ownership may claim such an encroachment from the City Engineer for 10 days after its removal, by paying an amount sufficient to reimburse the City for the costs of removal as established by City Council.

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.202

§ 6.2.210