Union City Municipal Code Art. V Regulations

The permittee in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are 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 not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the City Engineer finds that suitable safeguards are not being provided, the City may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

(Ord. 19-59 § 50, 1959)

A permittee making any excavation or erecting or leaving any obstruction within, under or upon 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 fifty-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 two hundred and four hundred feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

(Ord. 19-59 § 50, 1959)

The warning signs, lights and other safety devices shall conform to the requirements of Section 465.7 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the State of California.

(Ord. 19-59 § 50, 1959)

Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the traveled way, the permittee shall notify the City Engineer.

(Ord. 19-59 § 51, 1959)

Before starting work on which an inspector is required, the permittee shall notify the City Engineer twenty-four hours in advance of beginning such work.

(Ord. 19-59 § 51, 1959)

The permittee shall upon completion of all work authorized in the permit, notify the City Engineer. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the City Engineer.

(Ord. 19-59 § 52, 1959)

If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the City Engineer.

(Ord. 19-59 § 53, 1959)

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public, or access to adjacent private property without the written permission of the City Engineer. All work or use pertaining to the deployment, installation or location of small cell wireless facilities shall conform with applicable general guidelines, operational standards and specific design criteria set forth in the Union City Municipal Code, and administrative guidelines established by the City and in effect, as may be amended from time to time.

(Ord. 19-59 § 54, 1959; Ord. 855-19 § 2, 2019)

Upon completion of the work, acts or things for which the permit was issued, or when required by the City Engineer, the permittee shall replace, repair or restore the public street at the place of work to the same condition existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way of the public street under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition.

(Ord. 19-59 § 55, 1959)

After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the City Engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of the work.

(Ord. 19-59 § 55, 1959)

If any future construction, reconstruction or maintenance work by the City on a public right-of-way requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right-of-way, the permittee, owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at his or her sole expense provided, however, that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located shall be used for usual street purposes and not as a freeway, and this provision shall cease to apply when such street shall become a freeway. When removal, relocation or abandonment is required, the City Engineer shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachments must be removed, relocated or abandoned. If the permittee fails to comply with the instructions, the City may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.

(Ord. 19-59 § 56, 1959)

All work done under a permit issued pursuant to 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 the work to be done. All work shall be done subject to the supervision of, and to the satisfaction of the City Engineer.

(Ord. 19-59 § 57, 1959)

No material shall be stored within five feet of a public street, unless otherwise approved by the City Engineer. 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.

(Ord. 19-59 § 58, 1959)

Utility services and other small diameter pipes or rigid conduits shall be jacked 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

(Ord. 19-59 § 59, 1959)

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet of earth or imported materials, unless otherwise specified in the permit. Within the public street, 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.

(Ord. 19-59 § 60, 1959)

Backfilling of an excavation shall be in accordance with specifications established by the City Engineer or as otherwise required by him, both as to material and method; and backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the City Engineer.

(Ord. 19-59 § 61, 1959)

Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction.

(Ord. 19-59 § 62, 1959)

No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as 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.

When a pole, brace, stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(Ord. 19-59 § 62, 1959)

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.

(Ord. 19-59 § 63, 1959)

When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public street. The permittee shall at all times 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 public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee.

(Ord. 19-59 § 64, 1959)

All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office Department except as follows:

A. A mail box may be placed and maintained within a public right-of-way if a permit has been obtained therefor pursuant to this section:

B. A permit is not required of the Post Office Department for the placement of collection and storage boxes and the like within the public right-of-way;

C. No box for the collection or delivery of mail shall be so placed within the public right-of-way as to endanger the life or safety of the traveling public;

D. No box for the delivery of mail shall be placed or maintained within the public right-of-way in any area where curbs, gutters and sidewalks have been constructed abutting residential uses.

(Ord. 19-59 § 65, 1959; Ord. 19.1-66 § 2, 1966; Ord. 19.2-66 § 1, 1966)

The applicant for a permit to plant trees in the right-of-way of a public street shall show in his or her application the exact location of and the kind of tree to be planted. No change shall be made in either location of trees or in kind of trees without the approval of the City Engineer. The permittee shall plant the trees and maintain them for three years subsequent to the date of planting.

(Ord. 19-59 § 66, 1959)

The City Engineer may refuse to issue a permit authorizing the planting of trees in the right-of-way of a public street when, in his or her judgment, the location as described in the application, or the nature of growth above or below ground of the kind of tree proposed, will impede or inconvenience travel on a public highway or unduly disturb the right-of-way thereof, or in any way impede construction or maintenance of necessary facilities.

(Ord. 19-59 § 66, 1959)

No hedge, shrub or other planting whatever, fence or similar structure, except as provided in Sections 12.08.640 and 12.08.650, shall be planted, erected or maintained in a right-of-way without a permit.

(Ord. 19-59 § 67, 1959)

No hedge, shrub or other planting whatever, 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 free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(Ord. 19-59 § 67, 1959)

The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this ordinance, the City Engineer may direct that 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.

(Ord. 19-59 § 68, 1959)

A. Duty of Property Owners. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the City authorities in charge thereof, and such persons shall be under a like duty in relation thereto.

B. Liability to Third Parties. It is the intent of this section to impose upon said property owners the affirmative duty to repair and maintain the sidewalk and park or parking strip and that said duty runs to and in favor of members of the public to whom said property owners shall be liable for failure to maintain the sidewalk or park or parking strip.

C. Sidewalk. For purposes of this section, "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.

D. Maintenance and Repair. For purposes of this section, "maintenance and repair" on sidewalk areas shall include removal and replacement of sidewalks, removal and filling or replacement of parking strips, removal of weeds and/or debris, trimming of trees, other than City street trees, trimming of shrubs and/or ground cover within the area between the property line of the adjacent property and the street line, including park or parking strips and curbs, so that the sidewalk area will not endanger persons or property and will be in a condition which will not interfere with the public convenience and safety in the use of said sidewalk area except as to those conditions created or maintained in, upon, along or in connection with such sidewalk areas by any person other than the owner, under any by virtue of any permit granted to him by law or by the City of Union City, in which case such persons shall be under a like duty to repair and maintain.

(Ord. 365-91 § 1, 1991)

Trimming of trees will be permitted only when and in the manner authorized by a permit issued pursuant to this chapter, that the shapeliness of the tree may be preserved.

(Ord. 19-59 § 69, 1959)

An application for removal of a tree will be approved and permit issued only when a necessity for removal exists, and adjacent property owners concur, or when deemed necessary by the City Engineer. 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 back-filled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

(Ord. 19-59 § 69, 1959)

Other provisions of this chapter notwithstanding, it is lawful for a person, firm, corporation or other body of persons to plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, gutter or other drainage facilities.

(Ord. 19-59 § 70, 1959)

The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The City may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise.

(Ord. 19-59 § 70, 1959)

It is unlawful for any person without first obtaining a permit to solicit on a commercial or donation basis to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk, or curb except that the markings for the purpose of identifying survey, utility or construction location shall not be subject to this chapter. Permits issued for the placement of addresses on curbs shall only be issued to participants of the youth employment program, community groups whose primary activities are for the benefit of the youth of Union City, and to the legal resident of the dwelling unit which would be identified by the address to be placed on the curb.

(Ord. 19-59 § 71, 1959; Ord. 212-82 § 1, 1982)

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision or a precise survey point or reference point shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the City Engineer to do so, the permission to be granted in conformance with requirements as set forth in specifications established by the City Engineer. Replacement of removed or disturbed monument will be at the expense of the permittee.

(Ord. 19-59 § 72, 1959)