Chapter 12.12 ENCROACHMENTS

C. “Encroach” or “encroachment” means going over, upon or under or using any right-of-way or watercourse in such a manner as to prevent, obstruct or interfere with its normal use, including the performance thereon of any of the following acts:

1. Excavating, filling or disturbing the right-of-way or watercourse;

2. Erecting or maintaining any flag, banner, post, sign, pole, fence, guard rail, wall, loading platform, mailbox, pipe, conduit, wire or other structure on, over or under a right-of-way or watercourse;

3. Planting any tree, shrub, grass or other growing thing within a right-of-way or watercourse;

4. Placing or leaving on a right-of-way or watercourse any rubbish, brush, earth or other material of any nature whatsoever;

5. Constructing, placing or maintaining on, over, under or within the right-of-way, any pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, any pipe, conduit, wire or cable;

6. Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;

7. Lighting or building a fire;

8. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right-of-way or watercourse which causes or will cause an encroachment.

D. “Permittee” means any person, firm or corporation that proposes to do work or encroach upon a city right-of-way or watercourse as herein defined and has been issued a permit for such encroachment by the director of public works.

E. “Private contract” means a contract between two or more parties for the installation, construction, revision, operation or creation of an encroachment, to which contract the city is not a party.

F. “Public street” means the full width of the dedicated right-of-way of any road, street, highway, alley, lane, or pedestrian walkway used by or for the general public.

G. “Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer, pedestrian walkway, or other purposes.

H. “Watercourse” means a channel for the carrying of storm water, including both natural and artificial water channels. (Ord. 87-16 N.S. § 2, 1987).

12.12.020 Required permit and permit agreement.

A. No person shall encroach or cause to be made any encroachment of any nature whatsoever within, upon, over or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way or watercourse; or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained, or left thereon, any obstruction or impediment of any nature whatsoever; or remove, cut or trim trees thereon; or set a fire thereon; or to place on, over or under such right-of-way any pipeline, conduit or other fixtures; or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by the city, any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment, in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by this chapter. An encroachment permit will normally be used only for a single parcel development.

B. Any long term encroachment of any type of private structure in the public right-of-way (i.e., awnings, poles, access ramps, etc.) will require a permit agreement as well as a permit. (Ord. 17-10 § 10; Ord. 87-16 N.S. § 2, 1987).

12.12.030 Emergency work.

This chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making such excavation as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened. (Ord. 87-16 N.S. § 2, 1987).

12.12.040 Exceptions.

This chapter shall not apply to officers or employees of the city acting in the discharge of their official duties, or to any work being performed by any person, firm, or corporation, at the request of and pursuant to a public works contract with the city. The director of public works shall have the authority to issue exemptions in exceptional instances. (Ord. 87-16 N.S. § 2, 1987).

12.12.050 Restriction of use.

All permits granted subject to this chapter shall be subject to the right of the city, and any person or persons entitled thereto, to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time. (Ord. 87-16 N.S. § 2, 1987).

12.12.060 Permits and fees.

A. Application for Permit. The director of public works shall prescribe and provide a regular form of application for the use of applicants for permits required by this chapter. The application shall show such information and details as the director of public works may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.

B. Exhibits Required. The application shall be accompanied by maps, sketches, diagrams, or similar exhibits, to the size and in the quantity as the director of public works may prescribe, sufficient to clearly illustrate the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or watercourse.

C. Consent of Public Agencies. The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder, required by law, of the Public Utilities Commission, California Department of Transportation or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the director of public works. The permittee shall keep himself 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 agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.

D. Actions on Applications. Applications may be approved, conditionally approved or denied. The director of public works may use up to two working days to field check existing conditions related to the permit prior to issuance. Where the director of public works finds that the application is in accordance with the requirements of this chapter, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the city. If the director of public works finds the application is in conflict with the provisions of this chapter, he shall deny the permit, giving the reasons for said denial.

If any applicant is dissatisfied with the decision of the director of public works, said applicant may appeal the decision in accordance with Chapter 1.44 BMC.

E. Excavation Prohibited. The city shall have the power to deny a permit involving excavation in the traveled way of newly constructed, reconstructed or heavily traveled streets.

F. Permit – Form and Validity. Permits must be written on a form prescribed by the director of public works which are on file at the City Hall. No permit shall be valid unless signed by the director of public works or his authorized representative.

G. Term of Permit – Beginning of Work. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within seven calendar days from the date of issuance, unless a different period is stated in the permit. If the work or use is not begun accordingly, then the permit shall become void.

H. Term of Permit – Completion of Work. The permittee shall complete the work or use authorized by a permit issued pursuant to this ordinance within 14 days from the date of issuance unless a different time limit is specified in the permit. Should the permittee be unable to complete the work before the permit expires, a time extension may be granted. It shall be the permittee’s responsibility to notify the city in writing of the reason for the delay. If a time extension is justified, the extension will be noted on the permit. Failure to obtain an extension shall require the permittee to make application for a new permit. Any work done without a valid permit will require a special field investigation fee. If at any time the director of public works finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way or watercourse to its former condition. The permittee shall reimburse the city for all expenses incurred by the director of public works in restoring the right-of-way or watercourse.

I. Display of Permit. The permittee shall keep any permit issued pursuant to this chapter at the site of work and the permit must be shown to any authorized representative of the director of public works or law enforcement officer on demand.

J. Nonassignment. Permits shall be issued only to the person making application therefor and may not be assigned to another person or location by the permittee. If any permittee assigns his permit to another person or another location, the permit shall become void.

K. Changes in Permit or Work. No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except upon written authorization of the director of public works. No permits shall be required for the continuing use or maintenance of encroachments installed by public utilities, for changes, additions or extensions therein or thereto where such use, maintenance, changes, additions or extensions require no excavation of the right-of-way.

L. Permit Fees. Before a permit is issued, the applicant shall deposit with the city cash or certified check in a sufficient sum to cover the fee for issuance of the permit, any charges for field investigation, and the fee for necessary inspection and restoration, all in accordance with the encroachment permit fee schedule set by the city council as provided in subsection (N) of this section. Although a utility encroachment permit is required, the permit and/or inspection fee may be waived for a public utility or a public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street, right-of-way or watercourse.

M. Field Investigation Fee. Whenever any work for which a permit is required under the provisions of this chapter is started or proceeded with prior to obtaining said permit or when a permit has expired, a special field investigation shall be made, and a field investigation fee shall be collected in addition to any other fees. The payment of the field investigation fee shall not exempt any person from fully complying with the provisions and requirements of this chapter in the execution of the work nor from any other penalties prescribed by law.

N. Permit Fees. All fees required for encroachment permits, field inspections and new street cuts shall be established by city council resolution.

O. New Street Cuts. Cuts into new streets which have been surfaced with asphalt concrete within five years for overlay or reconstruction or streets surfaced with seal coating within two years prior to the excavation shall require a street restoration fee established by city council. (Ord. 17-10 §§ 11, 12; Ord. 07-43 § 1; Ord. 87-16 N.S. § 2, 1987).

12.12.070 Bonds and insurance.

A. Performance Bond. The city shall require a cash bond of all licensed contractors doing encroachment permit type work. Such cash deposit shall be in the minimum amount noted in the fee schedule and shall be maintained in that amount so long as the contractor is licensed to conduct operations within the city. The difference, if any, between the bond amount and the minimum shall be either a cash bond or surety bond.

B. Condition of Bond. The condition of the performance bond made pursuant to this chapter shall be that the permittee will diligently and in good faith comply with all provisions of the Benicia Municipal Code, city standards and specifications, and the terms and conditions of the permit. Failure on the part of the contractor to complete the work noted on the encroachment permit will result in the city restoring the right-of-way to its former condition. All or a portion as necessary of the performance bond will be used to reimburse the city for its expenses.

C. Exclusions. Cash deposits normally will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way. Street resurfacing work performed by the city will be reimbursed through regular billing procedures.

D. Insurance Required. When insurance is required under this section, no person, firm or corporation shall be entitled to an encroachment permit under this chapter unless, and until, he/she/it shall have filed and maintained on file with the director of public works a certificate or certificates showing and certifying that such person, firm or corporation carries public liability and property damage insurance, issued by an insurance carrier determined reliable by the director of public works or a reliable self-insured corporation insuring the applicant and the city against loss by reason of injuries to or death of persons, or damage to property, caused by the applicant, its agents, or employees in performing any work under such permit in amounts and with coverages acceptable to the director of public works as long as:

1. The city is named as an additional insured;

2. The applicant’s policy is primary to the city’s;

3. The policy contains a cross-liability clause; and

4. The city shall be notified, in writing, by the carrier 30 days in advance of the policy’s cancellation.

The director of public works, or his/her designee, may require the permittee, as a condition to issuance of the permit, to secure and maintain adequate liability insurance in a form and amount satisfactory to the director. Whether or not such insurance shall be required shall depend on the nature of the encroachment, the work to be performed thereon, and the risks attendant thereto. If insurance is required, certificates thereof, naming the city as an additional insured, must be supplied to the director before issuance of the permit. (Ord. 87-16 N.S. § 2, 1987).

12.12.080 Regulations.

A. Liability. The permittee will hold the city and its officers and employees harmless from and will indemnify them against all claims, liability and loss, and in particular from and against all such claims, liability and loss predicated on active or passive negligence of the city resulting directly or indirectly from operations under an issued encroachment permit. This hold harmless obligation shall not terminate during the life of the permit. The permittee shall inform himself as to the existence and location of all underground facilities and protect the same against damage. The permittee shall not interfere with any existing utility without the written consent of the director of public works and owner of the utility. If it is necessary to relocate an existing utility, such relocation shall be done by the owner. No utility owned by the city shall be moved to accommodate the permittee, unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee, unless other contractual arrangements are made. The permittee shall support and protect all pipes, conduits, poles, wires, or other underground structures affected by excavation work, and shall inform the owner if any damage occurs to such facilities during the conduct of the work. All repairs, including replacement of protective pipe coatings, shall be made by the owner of the damaged facilities, unless other arrangements are made. The expense of repairs of any damage shall be charged to the permittee. If any claim of such liability is made against the city, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim.

B. Public Safety. 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. If, at any time, the director of public works finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate, or move such safeguards as are deemed necessary, all at the expense of the permittee. In addition, a field investigation fee shall be paid by the permittee. The warning signs, lights and other safety devices shall conform to the applicable requirements of the vehicle code, the current sign manual issued and in use by the Department of Transportation of the state and the city standard specifications. Alternatively, the director of public works may revoke the permit and require restoration of the right-of-way or watercourse to its former condition at the expense of the permittee as provided in BMC 12.12.280.

C. Maintaining Traffic. The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the director of public works, the permittee may not:

1. Obstruct more than one-half of the area used by vehicles;

2. Obstruct driveway approaches for a period exceeding one hour; or

3. Obstruct between the curb (or the shoulder if there is no curb) and the right-of-way line in such a way as to create a hazardous path for pedestrians.

The use of flagmen is mandatory where the (a) two-way vehicular traffic has less than 24 feet in which to pass; or (b) where vehicular traffic must pass to the left of dividing islands in passing the site of the encroachment.

The permittee may be required to remove excavated material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.

D. Fire Hydrants. Access shall be maintained at all times. (Ord. 87-16 N.S. § 2, 1987).

12.12.090 Notices.

A. Notices to City. All notices required by this chapter to be given by the permittee to the director of public works shall be given at his office at the City Hall.

B. Notices to Permittee. Any notice to be given to the permittee shall be deemed to have been received by him upon mailing to the address shown on the permit.

C. Beginning of Work. 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 watercourse or traveled way, the permittee shall notify the director of public works 24 hours in advance.

D. Completion of Work. The permittee shall, upon completion of all work authorized in the permit, notify the director of public works. 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 director of public works. (Ord. 87-16 N.S. § 2, 1987).

12.12.100 Care of drainage.

If the work, use or encroachment authorized in the permit issued pursuant to this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the director of public works. Should the permittee fail to properly care for drainage, the director of public works shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving said notice, the director of public works shall take such action as may be necessary to correct the drainage at the expense of the permittee. (Ord. 87-16 N.S. § 2, 1987).

12.12.110 Proper execution of work.

It shall be incumbent upon the permittee to plan and execute the work or use so as to cause the least inconvenience to the general public and abutting property owners. (Ord. 87-16 N.S. § 2, 1987).

12.12.120 Maintenance of 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 director of public works, immediately repair any injury, damage or nuisance in any portion of the right-of-way or watercourse 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 replacements to be made before the permittee can be notified or can respond to the 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. 87-16 N.S. § 2, 1987).

12.12.130 Restoring of street.

A. Obstructions. Upon completion of the work, acts or things for which the permit was issued, or when required by the director of public works, the permittee shall replace, repair or restore the right-of-way at the place of work to the same condition existing prior thereto unless otherwise provided in this chapter or in the permit. The permittee shall remove all obstructions, impediments, materials or rubbish caused or placed within or upon the watercourse or 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 watercourse or right-of-way to a safe and usable condition.

B. Repaving by City Crews. Where an excavation is made in a street area that requires repaving with asphaltic paving materials, the applicant shall make the final repair of the street surface. Should the applicant fail to complete the final repair within 14 days, the director of public works shall make the final repair at a fee in accordance with the permit fee schedule.

C. Exceptions. Bonded subdivision work and major public works projects shall be exempt from complying with subsection (B) of this section. (Ord. 87-16 N.S. § 2, 1987).

12.12.140 Relocation or removal of encroachments.

If any future construction, reconstruction or maintenance work by the city on a watercourse or right-of-way requires the relocation, removal or abandonment of installations or encroachments in, on or under the watercourse or right-of-way, the permittee owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense; provided, however, that this provision shall apply to and remain in force and effect only so long as a street 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 director of public works shall give said permittee a written demand specifying the place of relocation or that the installations or encroachment must be removed, relocated or abandoned. If said permittee fails to comply with said instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee. (Ord. 87-16 N.S. § 2, 1987).

12.12.150 Standards and specifications.

The director of public works shall establish such standards and specifications as he may deem necessary for the proper construction, use and maintenance of encroachments. Any work or use done under such permit issued under the provisions of this chapter shall conform to said standards and specifications. (Ord. 87-16 N.S. § 2, 1987).

12.12.160 Supervision and inspection.

The director of public works is authorized to make such inspections in person or through authorized subordinates as he may deem necessary in connection with permits issued under this chapter. All work done or used under such permits shall be done under the supervision of and to the satisfaction of the director of public works. (Ord. 87-16 N.S. § 3, 1987).

12.12.170 Storage of materials.

Unless otherwise approved by the director of public works, no material shall be stored within five feet of a public street. All earth materials from trenching or other operations shall be removed from the pavement, traveled way, sidewalk, or shoulder as the trench is backfilled or other work carried forward. (Ord. 87-16 N.S. § 3, 1987).

12.12.180 Pipes and conduits.

A. Method of Installation. Installation shall be in conformance with current city standard specifications and details.

B. Minimum Cover. The minimum cover over any and all pipes or conduits 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 flow line of the gutter, existing or planned. The director of public works 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.

C. Backfill. Unless special instructions are otherwise given by the director of public works, the backfilling of an excavation shall be done as specified in the city standard specifications and details. All backfilling shall be done to the satisfaction of the director of public works. (Ord. 87-16 N.S. § 3, 1987).

12.12.190 Poles and transmission line carriers.

A. Clearances and Types. 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.

B. Guy Wires. Guy wires shall not be attached to trees or interfere with their 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.

C. Method of Removing and Replacing. 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. Where such a pole, brace, stub or similar timber was located in an area paved with concrete, asphalt, or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the director of public works. (Ord. 87-16 N.S. § 3, 1987).

12.12.200 Cutting exposed concrete pavement.

Any cuts made in exposed concrete sidewalk, curb, gutter, driveway or paving shall be defined by a saw cut to a depth of not less than one-third the thickness of said concrete, to a maximum of one and one-half inches. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the director of public works. The director of public works may require removal of additional concrete when necessary to present a suitable appearance upon restoration. (Ord. 87-16 N.S. § 3, 1987).

12.12.210 Aids to visibility.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the director of public works 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 Transportation of the state at the expense of the permittee. (Ord. 87-16 N.S. § 3, 1987).

12.12.220 Movements of vehicles or objects.

A. Permit. Before a vehicle or combination of vehicles or objects of weight or dimension or characteristic (prohibited by law without a permit) is moved on any public right-of-way, a permit to do so must first be granted by the director of public works as set forth in specifications established by the director of public works or as otherwise required by him. Special permits shall be issued to subdividers.

B. Authorization by Permit. 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 traffic 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.

C. Written Notice of Movement by Permittee. Prior to commencing any move for which a permit is granted pursuant to this chapter the permittee shall give at least 48 hours’ written notice to all police and fire department authorities having jurisdiction. (Ord. 87-16 N.S. § 3, 1987).

12.12.230 Mailboxes.

All mailboxes must be placed in accordance with the rules and regulations of the United States postal service, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of individual mailboxes. (Ord. 87-16 N.S. § 3, 1987).

12.12.240 Hedges, fences or shrubbery.

A. Planting or Erection. No hedge, fence, shrub or similar structure shall be planted, erected or maintained in a watercourse or right-of-way in such a manner as to obstruct the watercourse or right-of-way. No hedge, shrub or other planting whatever, fence or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. 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.

B. Maintenance. At the discretion of the director of public works, any permittee who is permitted to encroach upon a right-of-way or watercourse may be required to erect and maintain landscaping in the encroached upon right-of-way or watercourse of a nature and a description determined by the director of public works. If the encroachment is not maintained as specified in this chapter, the director of public works may direct that the permittee or property owner remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.

C. Lawns. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, of a 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 drainage ditches, gutters or other drainage facilities. 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 will be removed and replaced by the permittee unless the permit specifically states otherwise. (Ord. 87-16 N.S. § 3, 1987).

12.12.250 Irrigation systems.

No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water into or over adjacent street, sidewalk or driveway areas. (Ord. 87-16 N.S. § 3, 1987).

12.12.260 Preservation of monuments.

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 without first obtaining permission from the director of public works to do so, said permission to be granted in conformance with requirements as set forth in specifications established by the director of public works. Replacement of removed or disturbed monuments will be at the expense of the permittee. (Ord. 87-16 N.S. § 3, 1987).

12.12.270 Maps of facilities.

Each permittee installing, constructing or maintaining underground facilities such as pipes, wires, conduits or similar structures under a permit granted pursuant to this chapter shall maintain accurate and complete maps of the location, depth, size and character of such facilities, and shall furnish at no cost to the city copies of said maps to the director of public works upon his demand. (Ord. 87-16 N.S. § 3, 1987).

12.12.280 Revocation of permit.

A. Any encroachment permit may be revoked at any time at the option of the director of public works, whenever:

1. It appears to the director that the continuing allowance of the encroachment, whether because of changed conditions or otherwise, interferes with full, adequate or safe public use of the right-of-way or watercourse involved; and/or

2. The permittee fails to comply with or violates any city ordinance, city standards, safety regulations, or any condition of the issuance of the permit.

B. Upon revocation of the permit, the permittee shall immediately restore the public right-of-way or watercourse to a condition as required by the director of public works. If the restoration is not completed within the time specified by the director of public works, the city may take any and all necessary action so required to restore the right-of-way or watercourse. Any and all costs incurred by the city for enforcement of this section shall be at the expense of the permittee. Costs incurred by the city will be deducted from any deposits and/or bonds posted by the permittee and, if necessary, recovered by legal action.

C. Notice of the revocation of the permit shall be by registered mail, addressed to the post office address of the permittee, or by personal service of such notice upon the permittee. The time required for removal of the encroachment shall be specified in the notice.

D. It is unlawful for a person, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of an encroachment upon, over or under the right-of-way or watercourse after his/her permit has expired, or after his/her permit has been revoked, and the time specified in the notice from the city for removal of the same has expired. (Ord. 87-16 N.S. § 3, 1987).

12.12.290 Imposing penalties for violations.

Where any act is prohibited in this chapter, the doing of said act is declared herewith to be unlawful and will constitute a misdemeanor. Where the doing of any act is required in this chapter, the failure to do that act is declared to be unlawful and a misdemeanor. Chapter 1.08 BMC, General Penalty, covering penalties, shall apply to noncompliance with the sections of this chapter. (Ord. 87-16 N.S. § 3, 1987).

12.12.300 Declaration of public nuisance.

Any encroachment erected, installed, maintained or constructed in violation of this chapter is hereby declared to be a public nuisance. (Ord. 87-16 N.S. § 3, 1987).

For statutory provisions authorizing cities to prevent encroachment and obstruction of city streets, see Government Code § 38775.