Taft Municipal Code Ch. 5 Public Streets

Whenever the Council or Superintendent of Streets shall grant permission to any person to grade, pave, sidewalk, curb, lay sewers or otherwise make any permanent improvements on, under, over or across the streets, alleys, or other public places of the City, by private contract, such person shall immediately after permission shall have been granted apply to the Superintendent of Streets for a permit to do such work, which written permit from the Superintendent of Streets shall be obtained before any of the work sought to be done shall be commenced. Before issuing such permit, the Superintendent of Streets shall require the person applying therefor to deposit in the office of the Superintendent of Streets a sum sufficient to cover all fees of the Superintendent of Streets and the Engineer incurred or to be incurred in connection therewith, and upon the completion of the proposed work if any portion of the deposit so made shall remain in excess of the fees herein provided, such excess shall, upon the completion of the proposed work, be refunded to the person depositing the same, and such portion of the deposit as is required to cover the fees herein provided shall, upon the completion of the work, be paid by the Superintendent of Streets into the Treasury. (Ord. 66 N.S, 3-1-1937)

The deposit required and set forth above shall not be required of bona fide public utilities serving consumers in the City; but such waiver of deposit shall not be construed to relieve public utilities from the requirement to secure a permit from the Superintendent of Streets, or otherwise complying with the requirements of this Chapter when proposing to make excavations or other work on the streets and alleys of the City. (Ord. 139, N.S., 2-4-1946)

(A) Authority: Anything in this Chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collection of assessments for the cost and expenses of said maintenance and repair may be done, and the proceedings therefor may be had and taken in accordance with this Section and the procedure therefor provided in chapter 22 of division 7, part 3, of the Streets and Highways Code of the State of California as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said chapter 22, of division 7, part 3, of the Streets and Highways Code of the State of California and this Chapter, the Streets and Highways Codes shall control this Chapter.

(B) Responsibility: The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including planters, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas, including a charge for the City's costs of inspection and administration whenever the City awards a contract for such maintenance and repair under this Section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

(C) Applicability: For the purpose of this section, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curbs and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

(D) Extension Of Time: Notwithstanding the provisions of section 5614 of the state Streets and Highways Code, the director of public works may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed seventy four (74) days from the time the notice referred to in said section 5614 is given. (Ord. 653-97, 6-17-1997)

(E) Performance: Property owners that are noticed pursuant to this section from the effective date hereof through June 30, 2009, may request the city to perform the required work. Upon receiving such a request, the city will consider providing the labor to complete the work, contingent upon budget and staff available. If the city performs the work, the property owner shall provide the repair materials. Other property owners may request sidewalk repair work, and their requests will be considered after any "noticed work" dependent upon budget and staff available for such work. Within twenty (20) days of receiving such request the city shall provide a response to the property owner. (Ord. 712-04, 5-4-2004)

(F) Liability For Injuries To Public: The property owner required by this section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by this section, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (Ord. 653-97, 6-17-1997)

For the purpose of this chapter it is hereby made the duty of the superintendent of streets to have and prepare and keep in his office the necessary blanks for such permits, provided for herein, and also a book in which a record shall be kept of all permits issued. The engineer shall keep a copy of the plans and specifications on file in his office and file a copy of the specifications in the office of the clerk. (Ord. 66 N.S., 3-1-1937)

All work done by private contract must be under the supervision and direction of the superintendent of streets or an inspector appointed by him, and in all respects shall comply with the plans and profiles on file in the office of the engineer and specifications on file in the office of the clerk. No inspection will be made unless twenty four (24) hours' notice has been given by the engineer that an inspection is desired. The minimum fee for any inspection under the provisions of this chapter shall be one dollar ($1.00).

The person or contractor doing such work for which such permit shall have been granted shall not collect from the property owners, his agents or assigns, any compensation for any part or portion of the work so done until all of the incidental expenses for surveying, and inspection have been paid, nor shall the compensation be collected until the superintendent of streets shall have accepted the work in writing, which acceptance shall be the only notice to the property owner that the work was done to the satisfaction of the city through its street superintendent. (Ord. 66 N.S., 3-1-1937)

All work in the public right of way shall be completed in a safe manner. Barricades, delineators, lights, or other appropriate traffic control devices shall be employed to safely control pedestrians and vehicular traffic at the construction site. Vehicular traffic controls shall be employed pursuant to California department of transportation traffic manual. In the event that proper safety precautions are not employed, the superintendent of streets shall notify those responsible for the construction who shall take immediate corrective action. If immediate corrective action is not taken, the superintendent of streets shall take whatever corrective action is necessary for the safety of the public. It shall be the duty of the superintendent of streets to charge any costs related to the city's corrective action against any and all deposits then in the treasury or that may thereafter come into the treasury belonging to the person required by this chapter to make such deposits. In the event no deposit has been made, the responsible party shall be billed directly. (Ord. 469, 7-5-1983)

It shall be unlawful for any person to lay down pipes or conduits in the public streets or thoroughfares of the City, to open or tear up any roadway, street or thoroughfare therein, except under the direction of the Superintendent of Streets and in accordance with the rules and regulations adopted by the Council. (Ord. 66 N.S., 3-1-1937)

It shall be unlawful for any person above referred to, to open any public street, or thoroughfare of the City until he shall have deposited with the Superintendent of Streets a sum equal to one dollar ($1.00) per square foot of surface of the excavation to be made in the streets or thoroughfares, or other public places which are paved with asphaltum, bituminous rock, brick, basalt block, oiled macadam, or other hard surface having substance of permanent character; a sum equal to fifty cents ($0.50) per square foot of surface and the excavation or excavations, to be made in such streets or thoroughfares, or other public places which are oiled and screened or unimproved, provided further that any person intending to make excavations in public streets, thoroughfares or other public places may make and maintain a general deposit with the City of five hundred dollars ($500.00), such person shall not be required to make the special deposit hereinbefore provided for, provided, however, that should the special deposit above provided for exceed five hundred dollars ($500.00), that a corporate surety bond may be tendered in lieu of a cash bond to cover the amount in excess of five hundred dollars ($500.00), and upon the tendering of the bond the Superintendent of Streets is hereby authorized to accept the same in lieu of the additional cash bond, or in his discretion to refuse the same and require a cash bond for the full amount. (Ord. 66 N.S., 3-1-1937)

Whenever any person desires to open trenches in the public streets or thoroughfares for the purpose of placing therein main or lateral pipes or conduits, other than lateral sewers, such person shall make application and obtain a permit in writing from the Superintendent of Streets not less than twenty four (24) hours in advance of his desire to so open trenches in the streets or thoroughfares, except in case of emergency, in which case written notice shall be given within twenty four (24) hours after any such opening. The application for the permit shall give the names of the streets in which trenches are to be opened and the name of the cross streets between which said trenches are to be made. (Ord. 66 N.S., 3-1-1937)

Notification of the correct location of any opening made for the purpose of what is termed prospecting shall be given the Superintendent of Streets at all times, except when such openings become a part of the main trench, within twenty four (24) hours, approximately, after opening. (Ord. 66 N.S., 3-1-1937)

In the application for a permit to open trenches in streets for service pipes and repairs, the location shall be described by giving the name of the street and the number of the building opposite each opening, or between two (2) opposite given numbers, and in case there are no numbers by giving the distance from such openings to the property line at the nearest street crossing.

A written notification that work has commenced, in the case of all main or service trenches, shall be given to the Superintendent of Streets on the day that work is begun.

No trench shall be opened in any graded street or thoroughfare for the purpose of laying pipes or conduits more than four hundred feet (400') in advance of pipe or conduit placed therein, except in cases of emergency or by consent of the Superintendent of Streets. All excavated material shall be piled along the trench leaving clear an area of at least one foot (1') on each side thereof. The surface material shall be piled on one side of the trench and the subsoil on the other side of the trench. If a crossing street intersects the excavation, a driveway shall at all times be maintained. (Ord. 66 N.S., 3-1-1937)

As soon as repairs or alterations to existing pipes or conduits have been made, or as soon as new construction work has been finished, notification in writing shall be given to the Superintendent of Streets and for a period of forty eight (48) hours after such written notification has been received by the Superintendent of Streets the person who has made the excavation must maintain proper barricades and lights and assume full responsibility for all excavations. After receiving written notification, as aforesaid, it shall be the duty of the Superintendent of Streets to backfill all trenches and resurface the same.

The Superintendent of Streets shall make out in duplicate a bill for the cost of retrenching and resurfacing each excavation and shall deliver one copy thereof to the Clerk and one copy to the person who has made such excavation. If such person does not pay to the Superintendent of Streets the amount of said bill within thirty (30) days, it shall be the duty of the Superintendent of Streets to charge the cost of the work against any and all deposits then in the Treasury or that may thereafter come into the Treasury belonging to the person required by this Chapter to make such deposits. If the work has been done under and by virtue of a general deposit and the depositor is debtor to the City for work theretofore performed, the depositor shall thereafter not be permitted to make any excavation or excavations in the streets until he shall have deposited the amount required to restore the general deposit to the sum of five hundred dollars ($500.00). The balance of any special deposit may be withdrawn by the depositor after the Superintendent of Streets has delivered to the Clerk the bill for the cost of work chargeable against the special deposit. (Ord. 66 N.S., 3-1-1937)

Within fifteen (15) days after a depositor has received notice in writing of the cost of any work chargeable against a deposit, such depositor may file with the Clerk a protest in writing addressed to the Council, stating briefly any objections he may have to the action of the Superintendent of Streets in making repairs, doing any work under the provisions of this Chapter, or in drawing upon any deposit. The Clerk shall refer such protest to the Council at its next regular meeting, whereupon the Council shall fix a time for the hearing of such protest. At such meeting, or at any subsequent meeting to which the hearing shall be postponed, the Council shall proceed to hear such protest and shall make such order in the premises as it shall deem just and equitable, and its determination as to whether any work done by the Superintendent of Streets was properly chargeable to the depositor, and if so its determination of the amount properly so chargeable shall be final and conclusive. (Ord. 66 N.S., 3-1-1937)

Nothing in this Chapter shall be construed to relieve any person herein referred to from liability for accident or damages caused by failure or neglect to properly guard, light or protect any openings in public streets or thoroughfares for a period of forty eight (48) hours after the Superintendent of Streets shall have received written notification of the completion of the work. (Ord. 66 N.S., 3-1-1937)

Anything in this Chapter to the contrary notwithstanding, authority is hereby granted to the Superintendent of Streets to permit any public service corporation to do the retrenching and resurfacing of any excavation made by it, provided that such public service corporation has complied with the provisions of this Chapter and at all times maintains in the Treasury a general deposit of not less than five hundred dollars ($500.00), and in addition thereto such further cash deposit or bond required by this Chapter, as indemnity against any damages that it may cause to the public streets of the City by virtue of any excavations so made by it. Such general deposit must be maintained at the sum of five hundred dollars ($500.00) and such further cash deposit or surety bond as may be required by this Chapter, for a period of not less than three (3) years after completion of all excavations and resurfacing made by such public service corporation. Before any public service corporation shall be allowed by the Superintendent of Streets to do its own retrenching or resurfacing it shall make and file with the City a written statement and agreement that it will refill all trenches to the satisfaction of the Superintendent of Streets and will resurface the same to as good condition as before said excavation was made and with similar materials and that the work of refilling and resurfacing the trenches will be commenced within thirty (30) days after the completion of the work in any one block in which the trenches were opened, and prosecute the work diligently to completion.

In the event that the public service corporation fails to commence refilling of any trench opened by it, within the time herein provided, the public service corporation shall forfeit to the City the cash deposit by any public service corporation as indemnity against damages that may be caused to the public streets by reason of any excavation made by it, and should there be an additional surety bond, the corporation and the bondsmen shall be liable for the excess damage of the amount of the bond.

Should such public service corporation fail to commence refilling and resurfacing as herein provided, the Superintendent of Streets may immediately commence the work of refilling and resurfacing and complete the same in the manner provided for in this Chapter.

If at any time within a period of one year the pavement or surface of the streets over said openings shall become depressed or broken, natural wear of the surface of improper work of some other person for whom the street was opened will upon written notice from the Superintendent of Streets immediately proceed to repair and restore the pavement in a proper and workmanlike manner to the satisfaction of the Superintendent of Streets. And in case the pavement is not completely restored within thirty (30) days after such notice has been given, the Superintendent of Streets may do the work at the expense of the delinquent person, after giving the person twenty four (24) hours final notice, and that the cost of the work may be deducted from any deposit made by the person or may be collected by suit, or otherwise.

If any person, or public service corporation is permitted by the Superintendent of Streets, under the provisions of this Chapter, to do its own retrenching and resurfacing, an Inspector shall be employed by the City upon the work and the cost of such inspection shall be a proper charge against the public service corporation and the sums shall be paid by it to the City on demand, and in default of such payment may be deducted from any deposit of such public service corporation in the Treasury. (Ord. 66 N.S., 3-1-1937)

No pipes carrying water or gas shall be laid less than thirty inches (30") below the official grade of any street, except by permit of the Council. (Ord. 66 N.S., 3-1-1937)

Every public service corporation maintaining pipes or conduits in the streets of the City shall file with the Council during the month of January of each year, a map (blue line print on cloth) indicating the size and location of each pipe or conduit owned and maintained by such public service corporation in the streets of the City, provided, however, that after the public corporation has in the first instance filed such map; it may thereafter in lieu of filing a new map each year, revise the map on file so as to show changes and extensions. (Ord. 66 N.S., 3-1-1937)

The provisions of Sections 2-5-8 through 2-5-15 of this Chapter shall not apply to the excavations made for main or lateral sewers, either under the provisions of a contract entered into by the Superintendent of Streets or under the authority of any street improvement act of the State of California, or under the provisions of a contract made by or with the consent of the City where the specifications for the work provided for retrenching or resurfacing by the contractor. (Ord. 66 N.S., 3-1-1937)

The Superintendent of Streets is hereby directed and authorized to establish such rules and regulations as, in his judgement, he may deem incidentally necessary and convenient to carry out the provisions and intent of this Chapter. (Ord. 66 N.S., 3-1-1937)