Pomona Municipal Code § 46-156 Removal

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Encroachment includes any tower, pole, pole line, pipe, pipeline, fence, billboard, 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 street.

(Code 1959, § 28-54; Ord. No. 910, § 45)

Cross reference— Definitions generally, § 1-2.

In addition to persons and public corporations, this article shall apply to all private corporations authorized by law to establish or maintain any works or facilities in, under or over any street. This article shall not be deemed or construed to limit the powers and duties vested by law in the state public utilities commission. If any conflict occurs with regard to the powers and duties given the city in this article, those of the state public utilities commission shall prevail.

(Code 1959, § 28-55; Ord. No. 910, § 46)

Every work or facility, manholes, flush tanks, catchbasins and culverts excepted, to be installed in or under any street shall be covered to a depth of 2½ feet as measured below the established grade of the gutter of such street or 2½ feet below the surface of such other public place.

(Code 1959, § 28-64; Ord. No. 910, § 87)

(a) Any person proposing or desiring to excavate for or construct water crossings in or under any street to carry water for any purpose whatsoever shall construct, without expense to the city, such work or facility as is necessary to adequately and properly carry such water in or under such street.

(b) Any work or facility constructed in or under any street to carry water for any purpose whatsoever shall have its beginning and termination in an appropriate wall, bulkhead, or other work so established on private property as to protect from any water damage to or hazard on any public right-of-way. Such work or facility shall be constructed of asphalt dipped welded steel pipe having a sidewall thickness of not less than ten gauge, and such work or facility shall be covered in the manner specified in section 46-153.

(c) Any such construction shall be done in accordance with the permit and pursuant to this article and shall be subject to the approval of the director of public works/city engineer. The issuance of any such permit may be withheld until the director of public works/city engineer finds that the proper and adequate provision is made for the protection of such street and for the safety of travel thereon.

(Code 1959, §§ 28-65—28-67; Ord. No. 910, § 88)

(a) Every person owning, using, controlling or having an interest in any works or facilities installed for any purpose whatsoever in or under any street shall file in the office of the director of public works/city engineer a map or set of maps, each drawn to a scale of not less than 100 feet to one inch, which map or set of maps shall show the exact location, size, description and date of installation, if known, of each and every part of the works or facilities.

(b) Every person owning, using, controlling or having an interest in any works or facilities installed for any purpose whatsoever in or under any street shall, within 15 days after January 1 of each and every year, file, as provided in subsection (a) of this section, a corrected map or set of maps showing all additions and revisions made to such works of facilities during the previous year.

(c) Every person owning, using, controlling or having an interest in any works or facilities installed for any purpose whatsoever in or under any street who abandons, in whole or in part, or the use thereof any such underground work or facility shall, within 30 days thereafter, file in the office of the director of public works/city engineer a written statement giving in detail the location of such part or structure so abandoned. Each map or set of maps filed pursuant to this subsection shall show in detail the location of all such parts or structures abandoned subsequent to the filing of the last preceding map or set of maps.

(d) Each map required by this section shall be endorsed thereon by affidavit of such authorized person to the effect that it correctly exhibits the details required by this section.

(Code 1959, §§ 28-68—28-71; Ord. No. 910, § 89)

(a) Every permit issued pursuant to this article shall be subject to the provision that if future improvement occurs, pursuant to any state law providing for such improvement, necessitates the relocation or removal of such encroachment, the permittee will relocate or remove it at his sole expense. In such event the director of public works/city engineer shall serve on the permittee a written demand specifying the place of relocation or that the encroachment must be removed from the street and specifying a reasonable time within which the work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in such demand and thereafter diligently prosecute it to completion.

(b) Notice shall be given to the owner, occupant or person in possession of the encroachment or to any other person causing or suffering the encroachment to exist by serving upon such person a notice containing a demand for the immediate removal of such encroachment from within such street. Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location. In lieu of service upon such person, serving of the notice may also be made by registered mail and by posting, for a period of five days, a copy of the notice on the encroachment described in the notice. If an owner, occupant or person in possession is not present in the county, the notice may be given to his agent in lieu of service by mailing and posting.

(c) The director of public works/city engineer may immediately remove from any city street any encroachment which obstructs or prevents the use of such street by the public or is not removed or the removal of which is not commenced and thereafter diligently prosecuted prior to the expiration of five days from and after the service of notice.

(d) Encroachments existing in violation of this section are a public nuisance within the meaning of article II of chapter 18.

(Code 1959, §§ 28-72—28-76; Ord. No. 910, §§ 60, 62—65)