Vernon Municipal Code Ch. 12.08 Encroachments

This chapter shall be known and may be cited as the "Encroachment Ordinance of the City of Vernon."

(Prior code § 22.28)

"City"

means the City of Vernon, California.

"City Clerk"

means the City Clerk of the City.

"City Council"

means the City Council of the City.

"Encroach"

includes going upon, over, under, or using any public street or right-of-way in such a manner as to prevent, obstruct, or interfere with the normal use of that public street or right-of-way, including, but not limited to, the performance thereon of any of the following acts:

Excavating or disturbing the public street or right-of-way;

Constructing, placing, or maintaining sidewalks, pathways, driveways, curbs, gutters, street surfaces, retaining walls, storm drains, culverts, highway lights or lighting systems, or other highway structures;

Erecting or maintaining overhead conveyors, ports, signs, poles, fences, handrails, walks, loading or unloading platforms or chutes, canopies or any projection from buildings or any other similar structure;

Laying, constructing, reconstructing, repairing, or opening pipe, conduit, ducts, tunnels, manholes, vaults, buried cables, wire, sprinkler systems, sewer connections, test holes, rails or any other similar structure;

Planting any tree, shrub, grass or other growing thing within the public street or right-of-way;

Placing or leaving on the public street or right-of-way any rubbish, brush, earth or other material of any nature whatever;

Surveying or the placement of survey monuments;

Attaching to or imbedding in any bridge or viaduct, any object, pipe, or conduit;

Placing or leaving on the right-of-way any liquid or semi-liquid substance;

Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the public street or right-of-way which causes or will cause an encroachment;

Staging or parking construction related vehicles as part of construction operations for two or more consecutive days.

"Franchise holder"

means any utility or its successors or assigns that proposes to maintain on the public street or right-of-way any structure on, above or below ground as herein defined, and has been granted a franchise for such encroachment by the City Council.

"Licensee"

means any person or persons, firm, company, corporation, association, or organization, that propose to maintain on the public street or right-of-way any structure on, above or below ground as herein defined, and has been granted a license for such encroachment by the City Council.

"Permittee"

means any person or persons, firm, company, corporation, association, public agency or corporation, or organization that proposes to or is actually doing work or encroaching upon a public street or right-of-way as herein defined and has been issued a permit for such encroachment by the Traffic Engineer.

"Public street"

means any public street, way, place, alley, sidewalk, part, square, plaza, or any other similar public property owned or controlled by the City or dedicated to the public for street purposes.

"Right-of-way"

means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for street purposes.

"Traffic Engineer"

means the City Engineer of the City, or any other person appointed to perform such duties by the City Administrator.

"Utility"

means any private company or corporation, or governmental agency, municipal department or joint powers authority engaged in providing a service to the general public including gas, electricity, telephone, water, or railroad and any such company, corporation, governmental agency, municipal department or joint powers authority having obtained a certificate of public convenience and necessity from the Public Utilities Commission of the State of California, or having obtained any similar certificate issued by a Federal agency having jurisdiction over such utility.

(Prior code § 22.29)

Any permit, license or franchise granted under this chapter shall not annul the right of the City, or any person, firm, corporation, district, public agency or corporation or association entitled to use that part of the public street or right-of-way for any purpose for which it may be lawfully used, and no part of the public street or right-of-way shall be unduly obstructed at any time.

(Prior code § 22.30)

It is unlawful for any person, firm, company, public agency or corporation, organization or association, to encroach or cause an encroachment of any nature to be made upon, over or under the public street or right-of-way in the City, without first obtaining a written permit as provided in this chapter. Expansion, reconstruction or alteration of an encroachment originally created or constructed without such a permit shall require a permit as provided in this chapter.

(Prior code § 22.31)

Any encroachment that is to be maintained upon, over, or under the public street or right-of-way shall be authorized by a license and no application for a permit will be accepted nor permit issued to construct or put upon the public street or right-of-way such an encroachment unless the applicant has first been granted such a license by the City.

A. This section shall not apply to applicants having a prior right to occupy the public street or right-of-way by grant or reservation or to utilities and governmental agencies.

B. A license shall not be required for building footings, movable awnings and appendages constructed within the following limits:

1. Building footings located at least eight feet below grade may project not more than 12 inches into the public street or right-of-way.

2. Moveable awnings which are supported entirely from the exterior wall of a building and of a type which can be retracted, folded, or collapsed against the face of a supporting building may extend over the public street or right-of-way not more than seven feet from the face of a supporting building nor within two feet of the curb line measured horizontally. All portions of any awning shall be at least eight feet above any public walkway.

3. Appendages such as water tables, sills, capitals, signs, and architectural projections may project over the public street or right-of-way not more than 12 inches and shall have a clearance above grade of eight feet but shall not extend to a height of more than 20 feet above grade.

(Prior code § 22.32)

All utilities and governmental agencies providing a utility service shall obtain a franchise from the City in order to construct or maintain any encroachment upon, above, or under the public street or right-of-way and no application for an encroachment permit required by Section 12.08.040, will be accepted nor such encroachment permit issued to construct, put upon or maintain on the public street or right-of-way such encroachments unless the permittee has first been granted a franchise by the City, or has a prior right to occupy the public street or right-of-way by grant or reservation or is constitutionally exempt from such franchise requirement provided for herein.

(Prior code § 22.33)

No applications for permit, license or franchise will be accepted nor permit issued for constructing or maintaining a loading or unloading platform or chute upon a public street or right-of-way, or for erecting therein or thereon a post, pole, column or structure for support for advertising signs and any such installation is an illegal encroachment.

(Prior code § 22.34)

The provisions of this chapter shall not apply to work performed within a City right-of-way by the City, its employees or contractors.

(Prior code § 22.35)

This chapter shall not prevent any person, association, firm or corporation from performing emergency maintenance on any pipe or conduit or other facility lawfully on, under or over any public street or right-of-way, or from making an emergency use, or encroachment as may be necessary for the preservation of life, or property when an urgent necessity therefor arises, except that the person, firm, association, or corporation making an emergency use or encroachment of a public street or right-of-way shall, as soon as possible, notify the Traffic Engineer's office. In lieu thereof and during the hours the City offices are closed, the Police Department office shall be so notified. Any person, firm, association, or corporation, requiring an emergency use, or encroachment, shall apply for a written permit therefor at the earliest practical time.

(Prior code § 22.36)

The written permits required by this chapter shall be issued by the Traffic Engineer for any lawful use, subject to conditions set forth in this chapter and required by law. The Traffic Engineer shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant's name, address, and telephone number and the contractor's name, license number, telephone number and primary place of business, if applicant proposes to employ a contractor, together with such detail as in the judgment of the Traffic Engineer is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the Traffic Engineer.

(Prior code § 22.37)

A. In order to preserve the ride quality, structural integrity and appearance of newly constructed or renovated streets, no permit, as required by this chapter, shall be granted to excavate in newly constructed or renovated streets for a period of three years after completion of a street paving or overlay project and for a period of two years after the completion of a street slurry seal or chipped seal project. The completion date shall be the date the notice of completion is filed. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets.

B. Notwithstanding this restriction, a permit may be issued to excavate in a newly constructed or renovated street less than three years after completion of a street paving or overlay project, and less than two years after the completion of a street slurry seal or chipped seal project, where the applicant demonstrates to the reasonable satisfaction of the Traffic Engineer that the activity is:

1. Necessary to prevent or mitigate an emergency that endangers life or property;

2. Necessary to prevent or mitigate an interruption of essential utility service;

3. Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City;

4. Necessary to provide service to a building or facility where the applicant has no other means of providing service;

5. Necessary to terminate or remove an abandoned utility line or facility;

6. Allowed based on an express provision in a separate franchise agreement with the City;

7. Necessary in order perform potholing to investigate the depth and or location of an existing utility line or facility for one of the above mentioned activities or to perform a safety inspection of a utility line; or

8. In the best interests of the City or the general public.

C. All permits that are issued pursuant to subsections (B)(1) through (8), shall require that the permittee restore the street in accordance with Section 12.08.120, unless different restoration requirements are provided by a separate franchise agreement, or the Traffic Engineer elects to resurface the street as provided in Section 12.08.270.

(Prior code § 22.37-1)

A. Street restoration, as required by this chapter, may include repaving, surface grinding, base and subbase repairs, or other related work as needed, and may include up to full-width surface restoration of the street.

B. The Traffic Engineer may allow direct boring instead of street cuts as long as there is enough space outside the paved surface to accommodate the bore pit operation.

C. The following requirements are established for street restoration work:

1. Restoration of Streets Excavated During the Restriction Period Following a Street Paving or Overlay Project. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of two inches. For trenches perpendicular to traffic lanes, the permittee shall grind two feet on each side of the trench line. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes for the full length of the trench plus an additional two feet at each end of the trench. For trenches other than those perpendicular or parallel to traffic lanes, the Traffic Engineer shall establish appropriate limits of paving to preserve the integrity of the paving. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. If the grind area is in excess of 600 square feet, the placement of the surface course of the repaving shall be by self-propelled, automatic-leveling, multiple-width paving machine, or the equivalent, as determined by the Traffic Engineer. Work shall meet construction standards established by the Traffic Engineer. The Traffic Engineer may impose any additional restoration requirements as he or she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut, and may modify any requirements he or she deems unnecessary to fully restore or protect the street.

2. Restoration of Streets Excavated During the Restriction Period Following a Street Slurry Seal or Chipped Seal Project. Slurry seal shall be applied to the patched area no sooner than 30 days and no later than 60 days after completion of the pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry seal 10 feet on either side of the trench line. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lanes for the full length of the trench, but not less than 50 feet. For trenches other than those that are perpendicular or parallel to traffic lanes, the Traffic Engineer shall establish appropriate limits of paving to protect the integrity of the paving. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. Work shall meet construction standards established by the Traffic Engineer. The Traffic Engineer may impose any additional restoration requirements as he or she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut, and may modify any requirements he or she deems unnecessary to fully restore or protect the street.

(Prior code § 22.37-2)

The applicant shall enclose with, attach to or add to the application for a permit, a map, plat, sketch, diagram, or similar exhibit, when required by the Traffic Engineer, of a size and in such quantity as he or she may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections, and notes will be made on such map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the application.

(Prior code § 22.38)

A permit shall not be issued until and unless the Traffic Engineer is satisfied that any requirements of other public bodies having jurisdiction are met. The permittee shall keep him or herself adequately informed of all State and Federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his or her agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders; and shall protect and indemnify the City and all of its officers, agents and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by him or herself or his or her agents or employees.

(Prior code § 22.39)

A. Beginning of Work or Use. The permittee shall begin the work or use authorized by a permit pursuant to this chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not commenced within 90 days, or within the time stated in the permit, then the permit shall become void, unless prior to its expiration, the time for commencement has been extended in writing by the Traffic Engineer.

B. Completion of Work or Use. The permittee shall complete the work or use authorized by a permit within one year from the date of issuance, unless otherwise specified in the permit. If at any time, the Traffic Engineer finds that delay in the commencing, prosecuting, or completing the work or use authorized is due to lack of diligence on the part of the permitted, he or she may cancel the permit and either restore the public street or right-of-way to its former condition or complete the work or use authorized, whichever is deemed to be in the best interest of the public. The permittee shall reimburse the City for all expenses incurred in either restoring the public street or right-of-way or completing the work or use, plus all administrative costs.

C. Temporary Encroachments. A permit for temporary encroachments, as determined by the Traffic Engineer, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year at which time a license agreement or franchise agreement shall be required, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment or termination of the permit by written order of the Traffic Engineer mailed 30 days prior to the date of termination.

(Prior code § 22.40)

No permit issued to construct an encroachment pursuant to this chapter is transferable.

(Prior code § 22.41)

The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle, when movement thereof in a public street is involved, and the permit must be shown to any authorized representative of the Traffic Engineer or law enforcement officer on demand.

(Prior code § 22.42)

No changes may be made in the location, dimensions, character of the encroachment or use as granted by the permit except on written authorization of the Traffic Engineer, after application therefor.

(Prior code § 22.43)

A. Issuance Fee. Each applicant for an encroachment permit shall deposit with the City Clerk for payment to the City, cash or check, in a sufficient sum to cover the fee for issuance of the permit, in accordance with the schedule established from time to time by resolution of the City Council.

B. Inspection Fee. An applicant for a permit shall in addition to the issuance fee, pay an inspection fee, when required, in the amount determined by the Traffic Engineer in accordance with the schedule established from time to time by resolution of the City Council.

C. When Fee Not Required. The Traffic Engineer may in his or her discretion, relieve utilities and other governmental agencies from the fees imposed by this chapter. Factors the Traffic Engineer may consider include, without limitation, whether the City will incur expenses for engineering, inspection, testing, resurfacing or other work in connection with the permit, or whether a separate franchise agreement provides an express provision detailing a different fee arrangement between the City and the utility or other governmental agency. Authorization by the Traffic Engineer for the issuance of a permit without payment of a fee shall not relieve a utility or governmental agency from filing a written application for a permit or from compliance with all other applicable provisions of this chapter.

(Prior code §§ 22.44—22.46)

A. Deposit. Before a permit is issued, the applicant shall deposit with the City Clerk security satisfactory to the City, which may include cash, a certified or cashier's check, a surety bond, or a letter of credit, in a sum fixed by the Traffic Engineer as sufficient to reimburse the City for costs of restoring or repairing the public street or right-of-way to its former condition, and in a form satisfactory to the City.

B. Exemption from Deposit Requirement.

1. Government Agencies and Public Utilities. The Traffic Engineer may, in his or her discretion, relieve other governmental agencies, public corporations, public utilities and other contractors from the requirements of subsection A. Factors the Traffic Engineer may consider include, without limitation, whether the applicant has sufficient liquid assets to complete the restoration work, or whether a separate franchise agreement provides an express provision detailing a different security deposit arrangement between the City and the utility or other governmental agency.

2. Compliance Required. Exemption from the posting of a deposit does not relieve the governmental agency, public corporation, public utility or contractor from filing a written application for a permit or from compliance with all other applicable provisions of this chapter.

C. Additional Bond on Cash Deposit. The Traffic Engineer may require additional security at any time that evidence indicates that the amount of the security previously provided is insufficient to cover the cost of restoring or repairing the right-of-way to its former condition.

D. Release of Bond or Cash Deposit. Upon the satisfactory completion of all work authorized in the permit, the payment of all charges, and the fulfillment of all conditions of the permit, the Traffic Engineer shall certify the release of the cash deposit or surety bond. Upon such certification, the City Clerk shall return the unused portion of the cash deposit to the permittee or shall release the surety bond.

(Prior code §§ 22.47—22.49, 22.50)

A. Each permit issued pursuant to this chapter shall be conditioned such that the permittee agrees to indemnify, defend and hold harmless the City and each officer, agent and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroachment or construction thereof.

B. The permittee shall secure and keep in full force and effect at all times with respect to work performed pursuant to the permit a policy or policies of insurance, written by a company or companies authorized to do business in the state of California and approved by the City, in which policies the City, its officers, agents and employees shall be named as additional insureds, in amounts to be determined by the City and that may be adjusted from time to time to reflect changes of circumstances and the rate of inflation. The permittee shall also secure and maintain workers compensation insurance as required by law. The permittee shall show satisfactory proof of all such insurance before issuance of a permit pursuant to this chapter.

(Prior code § 22.49-1)

The permittee in the conduct of the work or use authorized by a permit issued pursuant to this chapter shall provide, erect, 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 Traffic Engineer to specify in the permit what lights, barriers, or other protective measures or devices shall be provided, erected, or maintained by the permittee, or the fact that the Traffic Engineer may not specify sufficient 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 or rights-of-way. If, at any time, the Traffic 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 either restore the public street or right-of-way to its former condition or complete the work or use, all at the expense of the permittee. Nothing contained herein shall be construed in such a manner as to indicate, represent or warrant that the City, its officers, agents or employees shall be liable or in any way responsible for the failure to specify suitable safeguards, and the failure to so specify suitable safeguards shall not excuse the permittee from the erection and maintenance of the same.

(Prior code § 22.51)

A. Prior to Beginning Work. Before beginning any work or use authorized by a permit issued pursuant to this chapter, the permittee shall notify the Traffic Engineer at least 24 hours prior to beginning work, unless otherwise exempt in the permit.

B. Upon Completion of Work. Unless this section is waived in the permit, the permittee, upon completion of all work, shall notify the Traffic Engineer. Work shall be deemed completed after the permittee has given the Traffic Engineer written notice of completion and the Traffic Engineer has performed a final inspection finding compliance with all the terms and conditions of the permit.

(Prior code §§ 22.52, 22.53)

If the work or use authorized in a permit issued pursuant to this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as approved by the Traffic Engineer. The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Prior code § 22.54)

All work or use shall be planned and executed in a manner that will cause least interference 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 or right-of-way be closed, or the use thereof denied the general public without the written permission of the Traffic Engineer, nor shall use of private property be interfered with unreasonably without the consent of the owner, nor shall work or use interfere with reasonable access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures or any other vital facilities designated by the Traffic Engineer.

(Prior code § 22.55)

A. The permittee shall not interfere with any existing facility without the written consent of the Traffic Engineer and the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner. No facility owned by the City shall be moved to accommodate the permitted unless the cost of such work be borne by the permittee. The cost of moving privately-owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other facilities which may be in any way affected by the work, or use for which the permit was issued, and do everything necessary to support, sustain and protect them under, over, along or across such work or use. The permittee shall secure approval of the method of support and protection from the owner of the facility. In case any of such pipes, conduits, poles, wires or facilities should be dam-aged, and for this purpose pipecoating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this section that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the party owning such facilities. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.

B. In the event that the City or any of its officers, agents, or employees shall be made a party to any action because of this section, then and in that event the permittee shall hold the City harmless from any and all such claim or claims, including the costs of defending the same.

C. The permittee shall at all times and at his or her or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the owner of such private property for such purpose.

D. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the work or use and shall be responsible for all damage to public or private property or highways resulting from his or her failure to properly protect and carry out such work or use.

(Prior code § 22.56)

Upon completion of the work or use for which a permit was issued pursuant to this chapter, the permittee shall replace, repair, or restore the public street or right-of-way as provided by this chapter, or as directed by the Traffic Engineer. The Traffic Engineer may elect to resurface the street surfaces damaged by the construction or placement of the encroachment. The cost of such resurfacing shall be charged against the permittee. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the public street or right-of-way and shall do any other work or perform any act necessary to restore the public street or right-of-way to a safe and useable condition, as directed by the Traffic Engineer. By acceptance of the permit, the permittee agrees to comply with the above.

(Prior code § 22.57)

The permittee in the conduct of the work or use authorized by a permit issued pursuant to this chapter shall keep the work site clean and free from rubbish and debris and take appropriate measures to prevent a dust nuisance.

(Prior code § 22.58)

All encroachment work done under a permit issued pursuant to this chapter shall conform to specifications established by the Traffic Engineer or in the absence of established specifications to recognized standards of construction and approved practices in connection with such work. All encroachment work shall be done subject to approval of the Traffic Engineer.

(Prior code § 22.59)

Construction materials or excavated materials shall be stored and maintained in such a manner as not to endanger those working at the site, pedestrians or users of the street, and so that as little inconvenience as possible is caused to those using streets and adjoining property.

(Prior code § 22.60)

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 Traffic Engineer. Unless otherwise specified in the permit, tree planting shall conform to the City parkway planting program as adopted by the City Council.

(Prior code § 22.61)

No hedge, shrub, or other planting whatever, fence or similar structure, except as provided in Section 12.08.330 shall be planted or erected in a right-of-way without a permit. No hedge, shrub, or other planting whatever, fence or similar structure, shall be planted or erected across any existing walk way in a sidewalk area. 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 which impedes, obstructs, or denies such pedestrial 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. The permittee shall maintain the hedges, shrubs, or other plants, fence or similar structure, used for landscaping purposes in a neat and orderly condition at all times. By acceptance of the permit, the permittee agrees to comply with the above.

(Prior code § 22.62)

A. 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 or similar ground cover of any grass, or type, not otherwise prohibited by law, within the right-of-way of a public street without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public street nor into the drainage ditches, gutters, or other drainage facilities.

B. The general public may not be denied the use of the planted area for pedestrian travel or other lawful use. 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 or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise.

(Prior code § 22.63)

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 a street, sidewalk, or curb.

(Prior code § 22.64)

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines 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 without first obtaining permission from the Traffic Engineer to do so. Replacement of removed or disturbed monuments shall be done by the City at the expense of the permittee.

(Prior code § 22.65)

A. Application.

1. The licenses required by this chapter may be granted by the City Council for any lawful use, subject to conditions set forth in this chapter and required by law. The Traffic Engineer shall prescribe and provide a regular form of application for a license required by this chapter. The application form shall contain space for the applicant's name, address, location of encroachment dimensions of encroachment, estimate of encroachment life, together with such detail as in the judgment of the Traffic Engineer is necessary to establish the purpose and use of the encroachment. The application form shall be completed and signed by the applicant and filed with the Traffic Engineer.

2. The applicant shall present satisfactory evidence that the proposed encroachment will not interfere with any existing or proposed highway structures or utility facilities.

B. Application Exhibits. The applicant shall enclose with, attach or add to the application for a license, a detailed plan or similar exhibit, when required by the Traffic Engineer, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment and the right and necessity of applicant to cause an encroachment. The applicant shall also enclose with, attach or add to the application for a license, a satisfactory description describing the location of the encroachment.

C. Holding City Harmless from Liability. Each license issued pursuant to this chapter shall be conditioned that the licensee agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroachment or the construction thereof.

D. Not Transferable. No license granted pursuant to this chapter is transferable. The person or persons, firm, corporation actually making the encroachment shall enter into the license agreement and furnish the bonds.

E. Display. The licensee shall keep any license granted pursuant to this chapter either at the place of business of the licensee or otherwise safeguarded during the term of validity and it shall be made available to an authorized representative of the Traffic Engineer or authorized representative of the City within a reasonable time after demand therefor is made.

F. Fees. The schedule of license fees shall be those established and adopted by the City Council from time to time. Before a license is granted, the licensee shall deposit with the City Clerk for payment to the City, cash or check, the fee for granting the license, in accordance with the license agreement. The licensee shall also pay to the City annually on the anniversary date of the license for each year thereafter during the term of the license, the annual fee for the license for one year, in accordance with the license agreement. However, the licensee shall have the option of converting the annual fee to a single lump sum payment equal to the then current annual fee times the number of years remaining of the original term. Said lump sum fee shall completely relieve the licensee for the payment of any fees during the remaining term thereof. Said fee shall not be prorated in the event of a termination or relinquishment of said license.

(Prior code §§ 22.66—22.68, 22.70—22.72)

The licensee shall indicate his or her acceptance of the license within 45 days after the granting of the license by filing an executed copy of such license with the City Clerk. If construction or placing of the encroachment is not commenced within six months from date of acceptance, or within the time stated in the license, the City Council shall have the right, at its discretion, to declare the license forfeited. All licenses granted pursuant to this chapter shall be valid for a period of 25 years, unless a different period is stated in the license or unless sooner terminated by removal of the encroachment. In the event the licensee shall fail to operate or use the encroachment for a consecutive period of six months, during any period of time after the encroachment has been placed into operation (except when due to causes beyond the licensee's control), the City Council shall have the right, at its discretion, to declare the license forfeited.

(Prior code § 22.69)

A. Before a license is granted, the applicant shall file with and shall thereafter at all times during the life of the license keep on file with the City Clerk a faithful performance bond payable to the City in the sum as set forth in the license agreement, with a corporate surety approved by the City, and conditions that the licensee shall, will, and truly observe, fulfill, and perform each term and condition of the license and that in case of any breach of conditions of the license, the whole amount of the penal sum therein named shall be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon the bond.

B. Upon expiration of the license, provided all terms and conditions of the license have been fully complied with, the City Council shall release the bond 30 days thereafter.

(Prior code § 22.73)

The licensee shall secure and keep in full force and effect at all times during the term of the license, a policy or policies of insurance, written by a company or companies authorized by the State to do business within the State of California and approved by the City, in which policies the City, its officers, agents and employees shall be named as additional insureds, in amounts to be determined by the City Risk Manager and that may be adjusted from time to time to reflect changes of circumstances and the rate of inflation.

(Prior code § 22.74)

A. The licensee shall not commence any construction or placing of the encroachment under the provisions of this chapter until the licensee has first obtained a permit to do so as provided for in this chapter.

B. For each and every act of reconstruction, maintenance, repair, changes of size or removal, the licensee shall obtain a permit to do so as provided for in this chapter.

(Prior code § 22.75)

A. Damage or Injury. After construction or placement of encroachment, the licensee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. The licensee shall, upon notice from the Traffic Engineer, immediately repair any injury, damage, or nuisance, in any portion of the public street or right-of-way, resulting from the encroachment. In the event that the licensee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the licensee 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 licensee shall be charged with actual costs of labor and materials, plus administrative costs.

B. Standards of Encroachment Maintenance. All encroachment maintenance done under a license granted pursuant to this chapter shall conform to specifications established by the Traffic Engineer or in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work.

(Prior code §§ 22.76, 22.78)

If any future construction, reconstruction, or maintenance work on a public street or right-of-way requires the relocation of the encroachment, the licensee, owning, controlling, or maintaining such encroachment shall relocate 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 public street or right-of-way shall be used for usual street purposes. When relocation is required, the Traffic Engineer shall give such licensee a written demand specifying the place of relocation and specifying in the demand a reasonable time within which the encroachment must be relocated. Upon abandonment of the encroachment, for any reason whatsoever, the licensee at its own cost and expense when so ordered by the Traffic Engineer, shall entirely remove such encroachment and shall restore the public street or right-of-way to its former condition, unless otherwise stated in the license. If such licensee fails to comply with such instructions, the City may cause the abandonment or relocation of the encroachment at the expense of the licensee.

(Prior code § 22.77)

A. Application. The franchise as required by this chapter shall be granted by the City Council by ordinance for any lawful use subject to conditions set forth in this chapter and required by the State Public Utilities Code or other applicable law. The Traffic Engineer shall prescribe and provide a regular form of application for a franchise required by this chapter. The application form shall contain space for the utility's name, address, location of encroachment, dimensions of encroachment, desired term (whether definite or indeterminate) together with such details as in the judgment of the Traffic Engineer as necessary to establish the purpose and use of the encroachment. The application shall be completed and signed by the applicant and filed with the Traffic Engineer. The franchise holder shall present to the City Council satisfactory evidence the proposed encroachments will not interfere with any existing highway structures or other utility facilities.

B. Application Exhibits. The applicant shall enclose with, attach, or add to the application for a franchise, a detailed plan or similar exhibit, when required by the Traffic Engineer, of a size and in such quantity as he may prescribe, in which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections, and notes will be made on such plan or similar exhibit and these items will become an integral part of the franchise. The applicant shall also enclose with, attach or add to the application for a franchise, a legal or satisfactory description describing the location of the encroachment.

C. Indemnification of City. The franchise holder shall indemnify and hold harmless the City and its officers and employees from all liability for damages proximately resulting from any operations under the franchise.

(Prior code §§ 22.79—22.81)

A. The franchise holder shall not commence any construction or placing of the encroachment under the provisions of this chapter until the franchise holder has first obtained a permit to do so as provided for in this chapter.

B. For each and every act of reconstruction, maintenance, repair, changes of size or removal, the franchise holder shall obtain a permit to do so as provided for in this chapter.

(Prior code § 22.82)

After construction or placement of encroachment, the franchise holder shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. The franchise holder shall, upon notice from the Traffic Engineer, immediately repair any injury, damage, or nuisance, in any portion of the public street or right-of-way, resulting from the encroachment. In the event that the franchise holder fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the franchise holder 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 franchise holder shall be charged with actual costs of labor and materials, plus administrative costs.

(Prior code § 22.83)

If any future construction, reconstruction, or maintenance of a public improvement on a public street or right-of-way requires the relocation of an encroachment, the franchise holder owning, controlling, or maintaining such encroachment shall relocate the same at his or her sole expense. When relocation is required the Traffic Engineer shall give such franchise holder a written demand specifying the place of relocation and specifying in the demand a reasonable time within which the encroachment must be relocated. Upon abandonment of an encroachment for any reason whatsoever, the franchise holder at its own cost and expense, shall entirely remove such encroachment and shall restore the right-of-way to its former condition, unless otherwise stated in the franchise. The Traffic Engineer may allow abandoned facilities to remain in place as long as they do not interfere with public use of the street or until such time as the area occupied by the abandoned facilities would interfere with other uses.

(Prior code § 22.84)

All franchise holders shall file and maintain with the Traffic Engineer a map or set of maps each drawn to a scale of not less than one inch to 200 feet showing in detail the plan location, size and kind of installation of all underground encroachments, whether currently in use or abandoned in place. A corrected map or set of maps each drawn to such scale shall be filed annually with the Traffic Engineer at a time specified by the Traffic Engineer and shall include all installations made during the previous year to and including the last day of such year. All existing franchise holders shall comply with the requirements of this section within 120 days after the adoption of the ordinance codified in this chapter. If a franchise holder fails to comply with the above instructions, the City may cause the abandonment or relocation of the encroachment at the expense of the franchise holder.

(Prior code § 22.85)

The franchise holder shall construct, install and maintain the encroachment in accordance and in conformity with all of the ordinances and rules adopted by the City Council and not in conflict with the paramount authority of the State or Federal government, and, as to public streets, subject to the laws relating to the location and maintenance of such encroachment therein.

(Prior code § 22.86)

All franchises granted by the City Council to lay, maintain, and operate spur tracks for the transportation of freight only and for the purpose of receipt and delivery of freight to and from warehouses, manufacturers, and other businesses, industries and enterprises connected by spur track with the main line of the franchise holder, shall comply with this chapter and with all the terms, conditions and standards as set forth in Chapter 12.20. If the terms and conditions set forth in Chapter 12.20 are in conflict with the terms and conditions set forth by this chapter, the more restrictive shall govern.

(Prior code § 22.87)

A. The schedule of franchise fees shall be those established and adopted by the City Council from time to time. Before a franchise is granted, the franchisee shall deposit with the City Clerk for payment to the City, the fee for granting the franchise, in accordance with the franchise. The franchisee shall also pay to the City annually on the anniversary date of the franchise for each year thereafter during the term of the franchise, the annual fee for the franchise in accordance with the franchise. However, the franchisee shall have the option of converting the annual fee to a single lump sum payment equal to the then current annual fee times the number of years remaining of the original term. Said lump sum fee shall completely relieve the franchisee for the payment of any fees during the remaining term thereof. Said fee shall not be prorated in the event of termination or relinquishment of said franchise.

B. The franchisee shall secure and keep in full force and effect at all times during the term of the franchise, a policy or policies of insurance, written by a company or companies authorized by the State to do business within the State of California and approved by the City, in which policies the City, its officers, agents and employees shall be named as additional insured's, in amounts set forth by the California Public Utilities Commission or other State agency authorized to establish said amounts. In the absence of a State agency establishing the insurance amounts, the amounts shall be determined by the City Risk Manager and may be adjusted from time to time to reflect changes of circumstances and the rate of inflation.

(Prior code § 22.89)

Any person aggrieved by the refusal of a permit or license required by this chapter or revocation of the same, may appeal to the City Council.

If the City Council finds all of the following to be true, the permit or license shall be granted or reinstated.

A. That the applicant will be substantially damaged by the refusal to grant the permit or license as requested, or the revocation of the same.

B. That no other reasonable method of obtaining the desired results is available except as proposed by applicant.

C. That the granting of the permit or license or the reinstatement of the same will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property.

(Prior code § 22.88)

A. A traffic control plan may be required by the Traffic Engineer, which shall include a drafted, 1″ = 40′ scale plan delineating base conditions, construction impact areas, site-specific detour operations, including traffic striping, pavement and curb markings, traffic control signs, signals, delineators, barricades, and traffic management requirements, at a precise level of detail. The determination of whether a traffic control plan is required shall be based upon the factors set forth in subsection B of this section. The traffic control plan shall be prepared under the direction of a Traffic Engineer or a Civil Engineer experienced in the preparation of traffic control plans and registered in the State of California, and shall have the signed approval of the Traffic Engineer prior to issuance of the appropriate permit. Each official copy shall be stamped by the registered engineer and countersigned in ink on the face of the transparency and all official copies. The countersigned transparency and a reasonable number of official copies, as determined by the Traffic Engineer, are to be retained by the Public Works Department.

B. A traffic control plan may be required by the Traffic Engineer when the activity or work in the street necessitates that:

1. Two or more traffic lanes be closed for more than 48 hours; or

2. Motorists are diverted to the left of an existing double-yellow center line for two or more consecutive nights and restriping is required; or

3. The work is in or adjacent to an intersection and results in a transition within the intersection; or

4. Traffic will be diverted for an extended period of time; or

5. A construction fence, canopy, scaffolding or similar structure is installed in a traffic lane within the roadway; or

6. A sidewalk is to be closed and pedestrians are required to walk in a traffic lane normally utilized by vehicular traffic; or

7. Temporary restriping is required; or

8. A plan is necessary due to unusual roadway or traffic conditions.

C. Applicants for any permit under this chapter, including the staging or parking of construction related vehicles, shall be subject to the traffic control requirements and traffic management fees imposed by this section. The applicant shall retain a photocopy of the permit with attachments at the worksite.

1. For work within a roadway, the applicant shall normally be required to maintain at least one lane of traffic on a one-way street, and one lane of traffic in each direction on a two-way street, unless a temporary street closure is approved. The applicant shall also maintain those traffic control devices and flashing arrow signs shown in the latest edition of the Work Area Traffic Control Handbook (WATCH manual) and the State of California Traffic Manual. A traffic control plan may be required as determined by the Traffic Engineer pursuant to the criteria listed in subsection B of this section.

2. The Traffic Engineer may require the applicant to submit work schedules, staging plans, and dimensioned scaled drawings showing the proposed work areas, official street center lines, curb lines, adjacent intersections, existing striping, existing parking controls, existing driveways, and proposed detour traffic controls for each stage of work. The Traffic Engineer may also require the applicant to submit a traffic impact analysis supporting the feasibility and adequacy of the proposed traffic control plan. If approval for the proposed work or time period of work is denied by the Traffic Engineer, then the applicant may appeal to the City Council pursuant to subsection G of this section.

3. If the Traffic Engineer or City Council grants the application, then the applicant shall be charged a traffic management fee and assigned traffic control conditions to be incorporated in the appropriate permit. Conditions shall include traffic management strategies within the public right-of-way, including general traffic control requirements, traffic control devices, traffic lane requirements and lane closures, hours approved for construction, detours to be implemented by the applicant and, if determined to be necessary by the Traffic Engineer, a traffic control plan.

D. Applicants intending to import or export in excess of 1,000 cubic yards of earth shall be subject to approval of truck haul routes and truck staging areas by the Traffic Engineer. The traffic management fee shall not apply to truck haul routes.

E. A request for a temporary street closure for more than 48 hours pursuant to Section 12.12.050 of this title shall be filed with the Traffic Engineer, who shall forward the same to the City Council for determination. The City Council shall not, in any case, act on an application for a temporary street closure before receiving from the Traffic Engineer a recommendation with respect thereto, with an attached approved traffic control plan or a statement that such plan is not required.

F. A traffic management fee in an amount established by Council resolution shall be assessed to permittees to perform work within a roadway. The number of lanes, days, and City blocks to be applied shall be determined during the course of the roadway work and certified by the Traffic Engineer or designee, as appropriate. The applicant shall deposit an amount estimated to be equal to the final fee plus a 15% contingency allowance with the Traffic Engineer before the permit to perform such work is issued by the City. Applicants who have an executed agreement with the City to cover associated costs related to work within a roadway shall not be subject to said deposit.

G. The provisions of this section shall not be applicable to emergency work. However, the Traffic Engineer shall be notified by the person conducting the emergency work as soon as practical. Emergency work is work in response to a situation or condition requiring immediate action to alleviate a hazard representing an immediate threat to life, health, safety, or property. It includes continuous efforts to effect the restoration of interrupted utility services such as electrical, water, gas and telecommunications services.

H. Any person aggrieved by any decision of the Traffic Engineer pursuant to this chapter may appeal to the City Council by filing a written request with the City Clerk within 15 days of such decision. The City Clerk shall cause the appeal to be placed on the next available Council agenda. The decision of the City Council shall be final.

(Prior code § 22.90)