Chapter 12.12 — EXCAVATIONS AND ENCROACHMENTS

State Law reference— Cities authorized to require the removal of encroachments, Government Code § 38775; abandoned excavations, Government Code § 50230 et seq.

No person, to include firm, corporation, public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any city street, right-of-way or city property without first obtaining from the director of public works a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the director of public works only upon written application therefor, and payment of the required fee or fees. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the city to use the streets, right-of-way or city property. Every such permit shall be subject to such conditions, including inspection, as the director of public works determines are necessary to ensure the safety of the traveling public and the restoration of the surface of the streets, right-of-way or public property and the foundations thereof. The director of public works may require such surety bond or deposit of money as in his judgment may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the surface and the subsurface of the streets, right-of-way or public property. The director of public works may, where convenient to road work he has programmed, or for other reasons of city convenience, arrange to do the work or replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee fails to refill any excavation or to restore the city streets, right-of-way or public property to its condition prior to the excavation, the director of public works shall have the right to perform said work and collect in the name of the city the cost thereof.

(Code 1972, § 12.12.010; Ord. No. 308, § 1, 1967)

An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property, provided that such a permit is obtained the first business day thereafter; and further provided that said excavation is made in such manner as to give full protection to the users of such street, right-of-way or city property.

(Code 1972, § 12.12.020; Ord. No. 308, § 2, 1967)

No person, firm, corporation, public agency or political subdivision shall remove or severely trim any tree planted in the right-of-way of any city street or on city property without first obtaining a permit from the director of public works to do so. Such permit shall be issued after payment of the fee provided in this chapter, if the director of public works is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the street or right-of-way or the construction of improvements on adjacent land. He may impose such conditions as he deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree trimmer actually engaged in the business, and for bond, insurance or other security to protect persons and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead power or communication lines pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relocation or replacement by one or more other trees of a kind or type to be specified in the permit.

(Code 1972, § 12.12.030; Ord. No. 308, § 3, 1967)

Each application for a permit under this chapter shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency or by his or its agent authorized in writing. The application shall be submitted on a form supplied by the director of public works and shall contain or be accompanied by such information as he may require. Each permit shall be in writing, signed by the director of public works or his representative, on a form to be furnished by him.

(Code 1972, § 12.12.040; Ord. No. 308, § 4, 1967)

(a)

The permit fees and inspections fees required by this chapter shall be paid at or after the time the application is filed, but in any event before the permit is issued. Said fees for permits, which shall not be refundable, and for inspections shall be as follows:

(1)

For tree removal or tree trimming, $1.00.

(2)

For an excavation in the city street right-of-way or public property, with or without limitation of an encroachment, a permit fee of $20.00 and an inspection fee at the following rates: $15.00 an hour or fraction thereof and for each additional hour an additional $15.00 plus 20 percent of the total inspection fee for administrative costs for each inspection.

(3)

For each private driveway, a permit fee of $5.00 and an inspection fee of $1.50.

(4)

For concrete curbs and gutters and concrete driveway aprons for a single commercial development, a permit fee of $10.00, and an inspection fee of $1.50.

(5)

For concrete curb and gutter, including driveway, for residential use, no fee.

(6)

For a miscellaneous permit or a permit involving a temporary encroachment for one month or less, not involving excavation, a permit fee of $2.00.

(7)

For relocation or removal of an encroachment, existing under permit, when required by the director of public works, no fee.

(b)

The director of public works may waive the inspection fee when in his opinion the public safety or convenience does not require inspection of an excavation or encroachment.

(c)

Permit and inspection fees may be amended by resolution of the city council.

(Code 1972, § 12.12.050; Ord. No. 308, § 5, 1967; Ord. No. 538, §§ 1—4, 1981)

The following shall be exempted from payment of the permit fee for an excavation or encroachment:

(1)

Every public district, public agency or political subdivision or department thereof having lawful authority to use the right-of-way, street or property for the purpose specified;

(2)

Street improvements under special assessment or improvement district proceedings conducted by the city council;

(3)

Public utility and public service facilities installed pursuant to specific contract with the city.

(Code 1972, § 12.12.060; Ord. No. 308, § 6a, 1967; Ord. No. 538, § 5, 1981)

The following shall be exempted from payment of the inspection fee for an excavation or encroachment:

(1)

Street improvements under special assessment or improvement district proceedings conducted by the city council;

(2)

Public utility and public service facilities installed pursuant to specific contract with the city.

(Code 1972, § 12.12.070; Ord. No. 308, § 6b, 1967; Ord. No. 538, § 6, 1981)

Subdivision improvements to be constructed pursuant to an agreement with the city are exempt from this chapter.

(Code 1972, § 12.12.080; Ord. No. 308, § 6c, 1967)

The director of public works may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied, to reduce administrative costs of both the city and applicant.

(Code 1972, § 12.12.090; Ord. No. 308, § 7, 1967)

Any person who does any act for which a permit is required by this chapter without first obtaining such permit, or who, having obtained such a permit, violates any term or condition thereof and thereby jeopardizes or injures persons or property, is guilty of an infraction and is punishable as provided in section

Nothing herein shall be deemed to deprive any person of any civil right or remedy he may have

against a violator of this chapter, nor to deprive the city of any cause of action which it may have against such violator, regardless of any prosecution or conviction under this section.

(Code 1972, § 12.12.100; Ord. No. 308, § 8, 1967; Ord. No. 608, § 1(part), 1984)

When private property development requires the improvement of public streets, and such street improvements will result in the removal and/or relocation of facilities, including, but not limited to, electric, gas, water, telephone lines or sewer lines, the developer shall bear the cost of such removal or relocation of facilities, and otherwise meet the requirements of the serving utilities. Prior to final approval of the development plans, the developer shall provide the city with a letter of compliance from the service utilities whose facilities will be removed or relocated.

(Code 1972, § 12.12.110; Ord. No. 520, § 1, 1980)