§ 7-3

This chapter may be cited as the "Public Right-of-Way Regulations" of the City. The provisions of this chapter shall constitute a supplement to all applicable State Code sections concerning rights-of-way and encroachments thereon. In the event of conflicting provisions, the most restrictive shall prevail. (§ 1, Ord. 1879, eff. February 5, 1976)

The purpose of this chapter shall be to regulate the development, maintenance, use, and encroachment of public rights-of-way and other public places to achieve the maximum service of the public interest with respect to health, safety, and aesthetic values. (§ 1, Ord. 1879, eff. February 5, 1976)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Applicant" shall mean any person who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter. (b) "Base course" shall mean that portion of the highway structural section located between the pavement and the native soil. (c) "Building" shall mean any type of structure normally used as a place of habitation, business, or storage or for the shelter of animals. (d) "City" shall mean the City of Ontario, a municipal corporation: the Council thereof; or any employee or agent thereof designated by the Council to administer the provisions of this chapter. (e) "Curb line" shall mean the face of existing curbs or the location at which the curb face is to be built in conformance with the Master Plan of Streets and Highways, design standards, or approved improvement plans. (f) "Development" shall mean any improvement required or permitted by the City pursuant to the provisions of this chapter or any ordinance within the areas to which the provisions of this chapter apply. (g) "Driveway" shall mean that portion of the right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway to or from adjacent property. (h) "Encroachment" shall mean any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand, or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which is placed on, in, along, under, over, or across the highway. This section shall not apply to the temporary use of the highway for the ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cable, wires, transmission lines, conduits, or service connections solely for telephone, electric, or cable television power purposes. (i) "Engineer" shall mean the City Engineer of the City or his authorized representative. (j) "Excavation" shall mean any depression below the surrounding surface formed by the removal or displacement of surface or subsurface materials, including the area occupied by such materials, or any boring, tunneling, jacking, or other subsurface removal or dig placement. (k) "Ground cover" shall mean prostrate or low- growing evergreen plants cultivated in lieu of turf and which may not be suitable for foot traffic. (l) "Height" shall mean that dimension measured from the level surface upon which the vehicle or conveyance stands to the highest protrusion in a vertical line. (m) "Highway" shall mean any public highway, street, way, place, or alley within the City limits, either owned by the City or dedicated to the public for the purpose of travel. The term shall include all or any part of the entire width of the right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes. (n) "Moving Contractor" shall mean any person who for himself, herself or for another moves, or causes to be moved, any building or oversized load over, upon, along, or across any highway. (o) "Native Soil" shall mean the compacted native material. (p) "Oversize Load" shall mean and refer exclusively to the size and weight of loads upon vehicles exceeding the limitations set forth in Cal. Veh. Code Division 15 relating to the height, length, width, size, or weight of a vehicle or load. (q) "Owner" shall mean any person holding title to real property abutting upon a public right-of-way, or any lessee, assignee, tenant, or agent thereof. For the purposes of this chapter, the prime responsibility for compliance shall rest

upon whichever of such persons is the occupant or user of the property, and ultimate responsibility shall rest upon the legal title holder. (r) "Parkway" shall mean that portion of any public highway right-of-way between the property line or right-of- way boundary line and the curb line and also the area enclosed within the curb lines of a median divider. (s) "Pavement" shall mean the surface and subsurface portion of the highway structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic cement compounds. (t) "Permittee" shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the City pursuant to the provisions of this chapter. (u) "Person" shall mean any individual, firm, copartnership, association, corporation, joint venture, estate, trust, business trust, district, company, or organization of any kind. (v) "Right-of-way" shall mean any area dedicated to public use for street purposes and shall include any real property, or portion thereof, owned by the municipal corporation which is used for, and in the same manner as, dedicated right-of-way. (w) "Shall" shall be mandatory. "May" is permissive. (x) "Shrub" shall mean plants characterized by moderate mature height, usually having multiple woody stems. (y) "State" shall mean the State of California. (z) "Structure" shall mean any fixed or movable object or portion thereof, or paving material of any kind, but shall not include vegetation. (aa) "Tree" shall mean plants having a single upright woody stem or trunk, maturing at a height in excess of ten (10) feet. (ab) "Turf" shall mean cultivated grasses, clovers, mosses, dichondra, and similar vegetation usually suitable for foot traffic. (ac) "Vegetation" shall mean all volunteer plants and the following categories of cultivated plant materials: (1) Ground cover as defined in subsection (k) of this section; (2) Shrubs as defined in subsection (x) of this section; (3) Trees as defined in subsection (aa) of this section; (4) Turf as defined in subsection (ab) of this section. (ad) "Vehicle" shall mean any vehicle or combination of vehicles as described in the Vehicle Code of the State which: (1) Whether laden or unladen, is required by the Vehicle Code to have a special permit to be on any highway; or (2) Is so laden that it is required to have a special permit. (ae) "Vehicle Code" shall mean the provisions of the Vehicle Code of the State in effect at the time of the issuance of the permit. (af) "Width" shall mean that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which a load, or portion thereof, is, or is to be, loaded or moved or to the median line of the highway over which the same is being, or is to be, moved. (§ 1, Ord. 1879, eff. February 5, 1976)

(a) Required. No person shall do work within or encroach upon public rights-of-way without prior authorization from the City. Permits shall be obtained from the City for, but not limited to, the following: (1) Moving, or causing to be moved, on, over, along, or across any highway any building or oversize load; (2) Making, or causing to be made, any excavation or encroachment in any highway;

(3) Placing, constructing, or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable, or other work of similar nature in, over, along, across or through any highway; (4) Constructing, reconstructing, or repairing any highway light or lighting system in any highway. This subsection shall not apply if any agreement with the City exists for the construction or maintenance of such installation; (5) Placing or leaving any impediment to travel upon any highway; (6) Erecting or maintaining any post, sign, banner, pole, fence, guard rail, wall, or any other structure on, over, under, or within any right-of-way; (7) Planting or removing any tree within any right-of-way; (8) Causing or permitting excessive amounts of water (other than water from natural sources) or any amount of any other liquid to flow onto or upon any right-of-way which shall cause or create a public nuisance or hazard or be detrimental to the improvements within the right-of-way; and (9) Constructing, installing, or removing any sprinkler or irrigation system or pipes. (b) (Reserved) (c) No permit: Procedure. Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall stop such work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him or her in violation of this chapter and subject to all the penalties thereof. (d) Denial of permits. The Engineer may refuse to issue a permit under the following conditions: (1) When he or she finds that it is not in the best interests of the general public to do so; and (2) When he or she finds that it will be detrimental to the public health, safety, or welfare. (e) Cancellation of permits. A permit may be canceled by the Engineer for any of the following reasons: (1) When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion; (2) The failure on the part of the permittee to comply with any or all of the requirements of the permit; (3) The failure on the part of the permittee to provide for the public safety; and (4) When the work, or any portion thereof, is in violation of applicable State, County, or City Codes, regulations, or laws. (f) Restoration of rights-of-way. Upon the completion of any encroachment work authorized by a permit, the permittee shall restore the right-of-way and any structure thereon by replacing, repairing, or rebuilding it to no less than its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of- way to a safe and usable condition as directed by the Engineer. In the event the permittee fails to act promptly to restore the right-of-way as herein provided, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the Engineer may, at his or her option, cause the necessary restoration to be made. All costs of such restoration shall be borne by the permittee. (g) Applications for issuance of permits. Applications for permits shall be made in writing to the City on the forms provided by the City. (1) Application requirements. An applicant for a permit shall state in his or her application his or her name and address, the contractor's name and address, the location of the work to be performed, and such other information as is required by this chapter and as required by the City. (2) Exhibits. When required by the City, the applicant shall provide copies of a map, plat, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the

proposed encroachment. (3) Changes in applications. The City may make such changes or additions in any application for a permit as are necessary for the protection of the highways; for the prevention of undue interference with traffic; as to the route upon which to move any building or oversize load; as to the location, depth, dimensions, character, and number of excavations; as to encroachments made or placed; and as to other permits issued pursuant to the provisions of this chapter. (4) Permits nontransferable. Permits issued under the authority of this chapter shall be nontransferable. (h) Fees and deposits. All applications for permits pursuant to the provisions of this chapter shall be accompanied by the fees established by the City by resolution of the Council to defray the costs of administering the provisions of this chapter, together with any deposits which may be deemed necessary to guarantee the replacement of improvements temporarily removed in the performance of the permitted activity and the restoration of the right-of- way to its original condition. (i) Fee waivers. The City may grant a waiver of the permit fees for permits issued to other public agencies and for permits for work to be under City contracts. (j) Exceptions. The provisions of this section shall not apply to approved landscaping activities, including the installation of shrubs, turf, and ground covers, nor to the removal of shrubs, turf, and ground covers. (k) Excavation permits. No excavation permit shall be issued by the City for any excavation that will be more than five (5) feet deep until the applicant has obtained a "Permit to Excavate" from the State Department of Industrial Relations, Division of Industrial Safety, and has given the City proof of same. (1) Acceptance: Conditions. By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter. (§ 1, Ord. 1879, eff. February 5, 1976)

(a) Required. No person shall move, or cause to be moved, any building or oversize load upon, over, along, or across any highway without first obtaining a permit to do so from the Engineer as provided for in this chapter. Applications for such permits shall be made with the Engineer not less than forty-eight (48) hours prior to the proposed entry of any building or oversize load upon any highway within the City, which building or load: (1) Exceeds sixteen (16) feet in width; (2) Exceeds eighteen (18) feet in height; (3) Is to proceed along non-designated truck routes; or (4) Is judged by the Engineer to require advance notice. The Engineer may shorten or extend such time period as he or she deems necessary or appropriate in order to carry out the provisions of this chapter. No person shall move or cause to be moved any building or oversize load upon, over, along, or across any highway contrary to the terms, provisions, and conditions of a permit issued hereunder by the Engineer or in violation of any provision of this chapter or of the Vehicle Code. This section shall not apply to an oversize load moved by a authorized public officer in the event of flood, fire, earthquake, or other public disaster or act of God, or for the purpose of national defense. (b) Types of permits and fees. The following types of permits and fees shall apply for moving any building or oversize load within the City: (1) One-day Permits. The Engineer may issue a one-day permit to move a specified building, or separate section thereof, or a specified oversize load on specifically designated City highways during a time specified by the Engineer. (2) Temporary permits. The Engineer may issue a temporary permit to move any number of specified, identical, oversize loads on specifically designated City highways at specified times by six (6) or less specified vehicles for a

time not to exceed thirty (30) consecutive calendar days. (3) Annual permits. The Engineer may issue an annual permit to move any number of oversize loads on specifically designated City highways at specified times by six (6) or less vehicles as provided in the permit by the Engineer during a period of time not to exceed 365 consecutive calendar days provided each of such oversize loads does not exceed fourteen (14) feet in width, fifteen (15) feet in height, and one hundred (100) tons in gross weight and conforms to the weight, axle number, and wheel loading requirements of the State as provided in Cal. Veh. Code §§ 35550 and 35551. The Engineer may, at the time of the issuance of such annual permit, reduce the gross weight limitations set forth in this section provided the specifically designated City highways to be used in moving such oversize loads would, in his or her opinion, be materially damaged thereby. (4) Fees: Deposits. All permits issued pursuant to the provisions of this section shall be accompanied by the fees established by the City by resolution of the Council to defray the costs of administering the provisions of this section, together with any deposits which may be deemed necessary. (c) Public liability and property damage insurance. The applicant for the permit required by this section shall indemnify and save harmless the City and all officers and employees thereof from any suits, claims, or actions brought by any person or persons for, or on account of, any injuries or damages sustained because of, or arising from, moving or relocating any building or oversize load upon, over, along, or across City highways. The applicant shall furnish to the City, and maintain during the period for which a moving permit is issued, a public liability and property damage insurance policy insuring the City, and its officers and employees while acting within the scope of their duties, against all claims, suits, or actions arising out of or in connection with the movement of, or having on a City highway, a building or oversize load. Such policy shall provide coverage in amounts as determined by the Engineer, but not less than One Hundred Thousand Dollars ($100,000.00) for bodily injury for each person, Three Hundred Thousand Dollars ($300,000.00) for bodily injury for each accident, and property damage insurance of not less than One Hundred Thousand Dollars ($100,000.00). Such insurance or a certificate thereof shall be placed on file with the Engineer prior to the issuance of any moving permit. (d) Permit information. The application for any moving permit required by this chapter shall be made on a form furnished by the Engineer and shall contain the following information: (1) The present location and the proposed location to which the building or oversize load is to be moved; (2) The length of time for which the permit is requested; (3) A complete description of the vehicle or vehicles to be operated, including the make, license number, number of axles, wheel loading ratios, height, width, gross weight, and name of the registered owner of the vehicles. In the case of annual or temporary permits contemplating the use of more than one vehicle, the permittee may substitute or add vehicles or loads being operated or transported under such permit, upon the submission to the Engineer of the required information regarding such vehicles or loads and his or her approval thereof, by addendum to the permit at least twenty four (24) hours prior to their operation or transportation, along with any additional permit fees as are required; (4) A complete description of the load to be moved, including the height, width, length, and gross weight of such load, and, if the request is for a temporary or annual permit for an oversize load, the number of trips contemplated for each load described. If the request is for moving a building, the number of sections in which the building or structure will be moved and the type and number of conveyances upon which the building or structure is to be moved; (5) The proposed route or routes of travel for any movement of such building or oversize load upon, over, along, or across any City highway; (6) The date and hour of the proposed entry onto, and the date and hour of clearance of the building or oversize load from, any City highway. In the case of temporary or annual permits for the movement of oversize loads, the

proposed days and times during the day such movement will occur on City highways; (7) Such other information and data as the Engineer determines is necessary and required to carry out the provisions of this chapter; and (8) If the application is for moving a building within the City, the application shall be accompanied by a certificate in writing from the Chief Building Official to the effect that the Building Department has issued a permit and approved the relocating of such building within the City in compliance with City building regulations. (e) Conditions for granting permits. The Engineer shall have the right to require any reasonable conditions for granting a permit to move, or cause to move, any building or oversize load upon, over, along, or across any public highway and to take all actions he deems necessary to protect the public highway or property of any person and the public health, peace, safety, and welfare, including, but not limited to, the following: (1) The right to inspect all rollers, trucks, wheels, dollies, tractors, or other proposed apparatus or equipment proposed to be used in the moving operations and the right to require the use of only such apparatus and equipment as in his judgment will not cause injuries to highways, pavement, or other property or persons; (2) The right to restrict the number of trips and the weight, length, width, height, and size of a building or oversize load; (3) The times and dates of the periods during which trips may be made; (4) The right to require a police escort for all trips made under such permit as deemed necessary by the Police Chief to protect the public safety. The actual cost of such police escort shall be borne by the permittee, who shall make a deposit in advance; (5) The right to require every person moving, or causing to be moved, any building or oversize load within the City to provide warning flags, extra lights, or reflectors in such locations on the building or oversize load so as to clearly indicate the existence of a hazard in all directions from which traffic may approach; (6) The right to require the applicant to notify and obtain the written approval of any person or public utility whose property or facilities will be unduly disturbed or endangered by the applicant moving an overload upon, over, along, or across City highways. All costs for the protection of such property or facilities, or the relocation or temporary removal and replacement of the same, shall be home by the applicant; (7) The right to require the moving of any building or oversize load to be accomplished under the supervision of a City Inspector. The permittee shall pay the City an amount equal to the compensation for, and transportation of, such inspector, plus overhead costs during the time he is assigned to inspect such move; and (8) The right to require any other reasonable conditions he or she deems necessary to carry out the provisions of this chapter and to protect the public health, peace, safety, and welfare. (f) Issuance of permits. If, after receiving an application for a permit to move a building or oversize load, accompanied by the required fees and deposits and insurance or certificate thereof, and after the Engineer has determined within the reasonable period of time that the movement as proposed in the application will not be detrimental to the public health, peace, safety, and welfare, and that the permittee has complied with all fire, police, safety, sanitary, health, building, planning, and general welfare requirements of the pertinent rules, regulations, Codes, ordinances, and other laws of the City or State relating thereto in effect at the time, the Engineer shall issue a permit to move a building, or sections thereof, or an oversize load or loads subject to such reasonable terms, provisions, and conditions as required by this chapter and as he or she deems necessary to protect the public highways and property or structures of any person and the public health, peace, safety, and welfare. The granting of such permit shall in no way relieve the permittee from liability for damages to public highways or to any persons or property. (g) Denial of permits. The Engineer shall have the authority, within his or her discretion, to deny the issuance of a permit if, in his or her opinion, the moving of a building or oversize load will cause damages to City-owned property

or will be detrimental to the public health, peace, safety, and welfare or will be in violation of any pertinent rules, regulations, Codes, ordinances, and other laws of the City or State. (h) Flammable and explosive materials. No person shall transport explosive, flammable, or corrosive materials by means of any building or oversize load within the City. (i) Suspension and revocation of permits. The Engineer may at any time suspend or revoke a permit issued pursuant to the provisions of this chapter when he or she has reasonable cause to believe a permittee has violated, or is causing or permitting a violation of, this chapter, including the conditions set forth by the Engineer in granting such permit or any pertinent laws of the City or the State or when it has been shown to his or her satisfaction that the activities so permitted are being conducted in a manner detrimental to the public health, peace, safety, or welfare of the City. The Engineer may also suspend or revoke any permit hereunder if he or she has probable cause to believe the permittee, or any agent, official, or employee of the permittee, has misrepresented, falsified, or concealed any material fact in the application therefor. (j) Permits to be carried in vehicles or with operators. Every building or oversize load permit, or facsimile thereof, shall be carried in the vehicle to which it refers and shall be presented upon demand to any peace officer or duly authorized agent of the City charged with the care and protection of the City highways. (§ 1, Ord. 1879, eff. February 5, 1976, as amended by § 1, Ord. 1893, eff. May 6, 1976)

Any applicant who deems himself or herself aggrieved by any action or determination of the Engineer as provided in this chapter may appeal to the Council within five (5) days after such action or determination by filing a written notice of appeal with the Engineer and paying a filing fee of Fifty Dollars ($50.00). Failure on the part of the applicant to file such notice of appeal within the five (5) days as herein specified shall constitute the acceptance of such action or determination of the Engineer. The notice of appeal shall be sufficient in form if it contains the names and addresses of the applicants and states that the appeal is from an action of the Engineer in either granting or denying such application for a building or oversize load moving permit. Any person or persons who may consider themselves aggrieved by the moving of buildings or oversize loads as provided in this chapter may file written signed objections with the Engineer at least twenty four (24) hours prior to the issuance of such permit, setting forth the name and address of the party aggrieved and the reasons for the objections, and, upon such objections being filed with the Engineer, the permit shall not be issued. The Engineer shall forthwith send any notice of appeal or written signed objections, together with a copy of the application and the objections thereto, to the City Clerk, upon any such notice of appeal or objection, the application, together with such notice of appeal or written objection, with the report and file relating thereto, shall be forwarded to the Council as soon as reasonably practical, and the Council shall thereupon determine whether or not the permit shall be issued as provided herein after a hearing thereupon, and such hearing shall be held within the City at the earliest reasonable time thereafter; provided, however, the applicant and any such objector shall be mailed certified notice thereof to their last known address at least five (5) days prior to such hearing. All determinations by the Council after any hearing as provided in this section shall be considered final and conclusive. (§ 1, Ord. 1879, eff. February 5, 1976)

Any activity or encroachment on a right-of-way which is hazardous, creates a hazard, or is in conflict with the normal use of a right-of-way shall be adequately safeguarded as required by the City. In the conduct of such activity or encroachment, materials, supplies, excavated material, and equipment shall be properly placed, and the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs, and guards, as are necessary to protect the public. Any omission on the part of the Engineer to specify in the permit the type and locations of such devices that shall be provided by, or preventive action required of, the permittee shall not excuse the permittee from complying with all the laws and regulations relating to the protection of persons or property under the circumstances. Any disturbance of, or interference with, such safety devices by any person shall be prohibited. If the Engineer or any authorized representative of the City finds that suitable safety devices are not being provided, the City may provide such devices and may bill the permittee for the same and collect such costs in any lawful manner. (§ 1, Ord. 1879, eff. February 5, 1976)

The use of any right-of-way for the purposes of storing, displaying, or advertising personal property, merchandise, services, or activities shall be prohibited. No person shall post, store, display, stick, stamp, paint, or otherwise fix, or cause the same to be done by any person, any notice, sign, placard, bill, card, poster, advertisement, or other paper or device calculated to attract the attention of the public to or upon any right-of-way except such paper or device which may be authorized or required by the laws of the United States, State, or City. (§ 1, Ord. 1879, eff. February 5, 1976, as amended by § 3, Ord. 2921, eff. June 3, 2010)

No person shall remove, damage, destroy, mutilate, deface, relocate, alter, or injure any improvement, structure, tree, or other cultivated vegetation within any public right-of-way or other public place. The provisions of this section shall not apply to the proper care and cultivation of landscaping materials, including the minor pruning of trees. (§ 1, Ord. 1879, eff. February 5, 1976)

The use of any parkway area for the parking of bicycles, motor vehicles, or trailers of any kind shall be prohibited. (§ 1, Ord. 1879, eff. February 5, 1976)

No hedge, shrub, or other planting, and no fence or other structure, shall be planted, erected, or maintained in a right-of-way without a permit or upon any sidewalk or shoulder or in such a manner which impedes, obstructs, denies, or impairs the sight distance for safe pedestrian and vehicular traffic. (§ 1, Ord. 1879, eff. February 5, 1976)

Except as otherwise provided, every owner, occupant, or person having charge of property shall install, maintain and use as frequently as necessary an irrigation sprinkler system and shall make every reasonable effort to maintain the abutting parkway in a safe and neat condition devoid of debris, bare dirt, dead, dying or uncultivated vegetation,

obstructions, structures, excavations, or other significant deviations from a grade of one-fourth (1/4) inch per foot from the top of the curb to the right-of-way boundary. (§ 1, Ord. 1879, eff. February 5, 1976, as amended by § 2, Ord. 2740, eff. July 5, 2001)

The planting and removal of all trees within parkway areas shall be subject to approval by a permit from the City and shall conform to the requirements of the Master Plan of Parkway Trees. No vegetation shall be planted, cultivated, or allowed to exist within any right-of-way which produces thorns, spines, or any form of fruit or other growth which may constitute a hazard or grievous nuisance. Any ground cover or shrubbery cultivated in a parkway area shall not be permitted to grow above eighteen (18) inches in height or be permitted to spread over the adjoining pavement, curb, or sidewalk. The cultivation of any ground cover not suited to foot traffic shall be allowed only under the following conditions: in addition to the standard sidewalk, where such sidewalk is not adjacent to the curb, a sidewalk not less than eighteen (18) inches wide shall be provided adjacent to the curb with a connecting sidewalk not less than twenty-four (24) inches wide between it and the standard sidewalk, located at or near the middle of each curbside parking space. This provision shall not apply where parking is prohibited. It shall be the responsibility of the owner, occupant, or person having charge or control of property to plant grass and/or groundcover, as well as to sufficiently water, trim, and otherwise maintain all vegetation within the abutting parkway, including trimming of trees to provide a minimum clearance of eight (8) feet from grade. The City shall be responsible for all divider-median parkway maintenance, for all major pruning or other tree surgery, and for all pruning of parkway trees which cannot be pruned from the ground. (§ 1, Ord. 1879, eff. February 5, 1976, as amended by § 2, Ord. 2740, eff. July 5, 2001)

Any activity which adversely affects surface drainage shall not be considered completed until acceptable drainage has been restored. (§ 1, Ord. 1879, eff. February 5, 1976)

Prior to the construction or major reconditioning of pavement or other improvements within any right-of-way, the City shall notify any person holding a franchise to install, maintain, or operate any underground facility of the impending work. When so notified, such person shall undertake, in a timely manner, to perform any maintenance or installation for which there is a foreseeable need. Any person who, after such notice, fails to complete such work in a timely manner and within one year thereafter makes an application for a permit to do work within the area involving the improvements described in such notice, the nature of which work is such that it should have been foreseen, may be denied the issuance of the requested permit until there exists other justification for the partial removal and replacement of such improvements. The applicant may be allowed the option of securing the permit on the condition that the improvements involved be completely replaced to the satisfaction of the City. (§ 1, Ord. 1879, eff. February 5, 1976)

Except as otherwise provided under franchise provisions, no public utility or other person shall erect, or cause to have erected any pole or structure within any right-of-way from which to suspend any power or communication conductor or any structure, or portion thereof, which for any purpose encroaches within the airspace of any right-of- way without having first obtained approval by the City of the nature and location thereof. (§ 1, Ord. 1879, eff. February 5, 1976)

For the purpose of the construction or maintenance of any improvement within any public right-of-way, or for any other purpose the City deems appropriate, the City may close or permit the closure of such right-of-way, or portion thereof, to vehicular traffic and, when necessary, to pedestrian traffic. The closure shall be effected by the placement of substantial barriers or barricades at the ends and at each intersection of the closed area with any other right-of-way and shall have signs as required. Detour signs shall be placed at such intersections as are necessary for the orderly flow of traffic around such closed areas. Barriers or barricades and detour signs shall be lighted in accordance with the provisions of § 7-3.07 of this chapter. No person shall move, remove, or obscure such barriers, barricades, or signs, or travel through any closed area without prior authorization from the City. (§ 1, Ord. 1879, eff. February 5, 1976)

Improvements and restorations constructed or modified within any right-of-way shall conform to the Standard Specifications and Standard Plans and to the Master Plan of Streets and Highways, as amended, of the City. Any deviation from such standards shall be constructed in accordance with an improvement plan approved by the Engineer. The construction of Portland cement sidewalk in addition to the standard sidewalk within any parkway area may be authorized by the City, subject to the conditions contained in the permit issued therefor. Such additional sidewalk may have decorative surface treatment, including, but not limited to, permanent color, exposed aggregate or brick, unglazed tile, or flagstone set in the concrete. The use of asphaltic concrete pavement or loose materials within parkway areas shall be prohibited. (§ 1, Ord. 1879, eff. February 5, 1976)

The Council shall designate the officials to administer the provisions of this chapter, unless hereinabove defined. (§ 1, Ord. 1879, eff. February 5, 1976)

The failure of any person to comply with the provisions of this chapter within forty-eight (48) hours after receiving a notice of a violation thereof shall be a violation of the provisions of this chapter, and each day such noncompliance continues shall constitute a separate offense. The foregoing provisions notwithstanding, when any violation is deemed by the City to constitute an immediate hazard to health or safety, the City shall eliminate such hazardous violation and thereafter shall recover the costs incurred from the owner in any lawful.

Notices of violations shall be given in writing by the City, served upon the owner in person, if possible. If personal service is not possible, the notice shall be sent by mail, receipt requested, and a copy of the notice shall be conspicuously posted at the site of the violation. In addition to the penalty for violations provided in Chapter 2 of Title 1 of this Code, when the owner fails to respond to a notice, the City may cause the violative condition to be corrected and the costs levied against the property and collected from the owner in any lawful manner. (§ 1, Ord. 1879, eff. February 5, 1976)

CHAPTER 4: STREET FRONTAGE IMPROVEMENTS

CHAPTER 4: STREET FRONTAGE IMPROVEMENTS

7-4.01 Lack of improvements hazardous 7-4.02 Required improvements 7-4.03 Improvement security 7-4.04 Exceptions 7-4.05 Exceptions: Determination by resolution 7-4.06 Reimbursement agreement fee