Article 4 — REQUIREMENTS

The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect, or maintain the lights, barriers, warning signs, patrols, watchmen, and other safeguards necessary to protect the traveling public. Any omission on the part of the City 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 City 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 the traveling public. If at any time the City Engineer finds that suitable safeguards are not being provided, the City may provide, erect, maintain, relocate, or remove the safeguards deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee. A permittee making any excavation or leaving any obstruction within, under, or on 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 warning signs conforming to the requirements of the California Division of Highways shall be placed 200 and 400 feet from each excavation or obstruction, in a position adequately to warn public traffic. The warning signs, lights, and other safety devices shall conform to the requirements of Section 21406 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the State.

Unless otherwise exempt in the permit, the permittee shall notify the City Engineer of the time of beginning work before beginning any work which includes:

• a. Excavation; or

• b. Construction of concrete sidewalks, curbs, gutters, or driveway approaches; or

• c. Planting, trimming, or removing trees; or

• d. Making, placing, or causing an obstruction in the right-of-way.

Unless this section is waived in the permit, the permittee shall notify the City Engineer of the completion of all work. No work shall be deemed completed until notice of completion is given under this section.

If the work, use, or encroachment authorized in a permit issued under this chapter interferes with the established drainage, the permittee shall provide for proper drainage as approved by the City Engineer and shall comply with the requirements of the Municipal Code.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.410

§ 6.2.416

All work or use shall be planned and executed to cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized. At no time shall a public highway be closed or its use denied to the general public without the written permission of the City Engineer, nor shall use of private property be interfered with unreasonably without the consent of the owner.

On completion of the work, acts, or things for which a maintenance or encroachment permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the right-of-way as provided in this chapter and adopted specifications, or as directed by the City Engineer within the limits of the specification. The permittee shall remove all obstructions, impediments, material, or rubbish caused or placed on the right-of-way and shall do any other work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the City Engineer. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. On notice from the City Engineer the permittee shall immediately repair any injury, damage, or nuisance in any portion of the right-of-way resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notice, the City at its option may make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged the actual costs of labor and materials, plus 15% as administrative costs. By acceptance of the permit, the permittee agrees to comply with this section.

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 rightof-way, the permittee owning, controlling, or maintaining the installations or encroachments shall relocate or remove them at his/her sole expense; but this provision shall remain in effect only so long as the right-of-way on which the installations or structures are located is used for usual highway purposes and not as a freeway, and this provision shall cease to apply when the highway becomes a freeway. When removal or relocation is required, the City Engineer shall give the permittee a written demand specifying the place of relocation, or that the installations 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 instructions, the City may cause the removal or relocation of the encroachment at the expense of the permittee.

All encroachment repair work done under a permit issued under this chapter shall conform to specifications established by the City Engineer or, 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 City Engineer. Unless otherwise noted on the permit all encroachment repair work performed on any public highway or right-of-way under the jurisdiction of the City shall conform to the construction specifications contained in the current edition of the Standard Specifications of the State of California, issued

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City of Oakley, CA

OAKLEY CODE

§ 6.2.416

§ 6.2.430

by the Department of Public Works, Division of Highways, as may be amended by special provisions adopted by the City Council.

No material shall be stored within five feet of a public highway. 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 City Engineer.

Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.

The minimum cover over all pipes or conduits larger than 2.5 inches installed within the rightof-way shall be three feet of earth or imported material, unless otherwise specified in the permit. Within the public highway, the minimum cover of three feet shall be measured from the surface, existing or planned. The City Engineer is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.

Backfilling and compaction of an excavation shall accord with specification established by the City Engineer and adopted by resolution of the City Council, both as to material and method.

Clearances and types in the construction of poles and transmission line carriers shall accord with rules, regulations, and orders of the Public Utility Commission and other public agencies having jurisdiction. No guy wires shall be attached to trees without specific authorization in the permit, and in no event shall guy wires be attached 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. The permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least five feet of poles when ordered by the City Engineer. When a pole, guy, stub, or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted.

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

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.430

§ 6.2.436

• a. When authorized, by a permit issued under Section 6.2.208 to move a vehicle or combination of vehicles or load of dimension, weight, or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a road or highway, including:

  • 1. Posted signs or notices which limit speed or direction of travel;
  • 2. Weight which may be placed on a structure;
  • 3. The width or height that may be moved; or
  • 4. Other restrictions or control of travel on a road or highway.

• b. 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 road or highway over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

All mail boxes shall 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 mail boxes.

Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the City Engineer. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees in a neat, healthy, and safe condition to the satisfaction of the City Engineer, and an agreement to remove the trees as directed by the City Engineer and to pay the cost of removal on the permittee’s failure promptly to remove the trees on direction of the City Engineer. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the City Engineer. All trees placed in the right-of-way shall be maintained by the permittee or his/ her successor in interest or by some other interested party in a neat, healthy, and safe condition to the satisfaction of the City Engineer and at no expense to the City. If the encroachment is not located or maintained as specified in this section, the City Engineer may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee. If the permittee fails promptly to remove the encroachment as directed, the City Engineer shall have the right to remove it and collect the cost of removal from the permittee, together with all of the City’s costs and expenses in enforcing collection. The City Engineer shall refuse to issue a permit authorizing the planting of trees in the right-of-way when in his/ her judgment the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or maintenance of necessary facilities, or interfere with existing pipe lines, utility installations, or other facilities lawfully placed within the right-of-way.

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City of Oakley, CA

OAKLEY CODE

§ 6.2.436

§ 6.2.446

Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this chapter so that the shapeliness of the tree may be preserved. An application for removal of a tree will be approved and permit issued only when a necessity for removal exists. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

No hedge, shrub, or other planting whatever, or fence or similar structure, except as provided in Section 6.2.442, shall be planted, erected, or maintained in a right-of-way without a permit. No hedge, shrub, or other planting whatever or 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 a walkway free for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment will be permitted or maintained which impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the right-of-way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

The permittee or property owner shall maintain the hedges, shrubs, or other planting, or 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 6.2.438, the City 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.

Other provisions of this chapter notwithstanding, it is lawful for a person, firm, or 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 without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way nor into the drainage ditches, gutter, or other drainage facilities. The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The City may use the planted area for any purpose and may issue a permit to any applicant to go on the planted area to perform work or otherwise encroach under this chapter. 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.

No person, without first obtaining a permit, shall solicit on a commercial or donation basis to place or maintain any number, figure, letter, carving, drawing, design, or other marking on any street, sidewalk, or curb. Temporary markings to identify survey or construction locations shall not be subject to this section.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.446

§ 6.2.446

Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines or elevation of any public highway or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the City Engineer. Permission shall be granted in conformance with requirements set forth in specifications adopted by resolution of the City Council. Replacement of removed or disturbed monuments shall be at the expense of the permittee.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.2.502

§ 6.2.504