Chapter 12.15 STREET ENCROACHMENTS

City Engineer. Any references to “Superintendent of Streets” as stated in this chapter shall also refer to “City Engineer,” as defined by Section 2.10.150.

Encroach or encroachment. Going over, upon, 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, decoration, post, sign, pole, fence, guardrail, 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.

Encroachment agreement. An agreement between the permittee and the city for the installation, construction, creation, revision, operation, and maintenance of encroachment, including the removal of such encroachment.

Moratorium street. Any block that has been reconstructed, repaved, or resurfaced by the City of Concord or any other owner or person in the preceding five-year period, or slurry sealed in the preceding two-year period.

Permittee. Any person, firm, or corporation that proposes to do work or encroach upon a right-of-way or watercourse as herein defined and has been issued a permit for such encroachment by the Director of Public Works.

Private contract. 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.

Public street. The full width of the right-of-way of any road, street, highway, alley, lane, or pedestrian walkway used by or for the general public, whether or not said road, street, highway, alley, lane, or pedestrian right-of-way has been improved or accepted for maintenance by the city, except streets and highways forming part of the state highway system.

Right-of-way. 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, or pedestrian walkway purposes.

Superintendent of Streets. The City Engineer, Public Works Director, or his authorized agent.

Watercourse. A channel for the carrying of stormwater, including both natural and artificial watercourses.

(Code 1965, § 7200; Code 2002, § 90-201. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

Cross references: Definitions generally, § 1.05.100.

12.15.020 Exemptions.

This article 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 pursuant to a contract with the city.

(Code 1965, § 7201; Code 2002, § 90-202. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.030 Restriction of use.

All permits granted subject to this article 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.

(Code 1965, § 7202; Code 2002, § 90-203. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.040 Permit required and encroachment agreement required.

(a) Permits. No person shall encroach or cause to be made any encroachment of any nature whatever 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 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 article.

(b) Encroachment agreements. No applicant shall be granted a permit for an encroachment that is planned to continue for an indefinite period of time without first entering into an encroachment agreement with the city. No encroachment agreement shall be considered or approved if the applicant has an application for a discretionary permit, license or other entitlement pending before an approving body of the city until final action on the application has been taken by the approving body.

(Code 1965, § 7203; Code 2002, § 90-204. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

12.15.050 Prohibited encroachments.

The following encroachments are specifically prohibited and no applications will be accepted nor permits issued therefor:

(1) Construction or maintenance of a loading dock on or in a public right-of-way;

(2) Erection or maintenance of a post, pole, column, or structure for the support of advertising signs;

(3) Installation or maintenance of underground tanks, vaults, or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities;

(4) Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;

(5) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations;

(6) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or any other thing which would constrict and reduce the capacity of any watercourse to carry stormwater.

(Code 1965, § 7204; Code 2002, § 90-205. Ord. No. 687; Ord. No. 932; Ord. No. 22-8 § 6 (Exh. A))

12.15.055 Street cut moratorium.

(a) Temporary moratorium after paving, construction, or reconstruction of public streets. On any paved, constructed or reconstructed public street, the pavement surface shall not be cut or otherwise opened for any encroachment for a five-year period after such pavement, construction or reconstruction is completed. On a slurry sealed street, the pavement surface shall not be cut or otherwise opened for any encroachment for a two-year period after such pavement, construction or reconstruction is completed.

(b) Exceptions. Upon a written request by an applicant, the City Engineer may grant an exception to the moratorium imposed on any public street under this section based a determination by the City Engineer of any of the following:

(1) For emergencies that endanger life or property;

(2) For work necessary to prevent essential utility service interruptions or restore such services after an interruption;

(3) For any work mandated by any federal, state or city legislation;

(4) For situations in which the applicant has no other feasible means to provide utility service to a building; or

(5) For any other situation in which the City Engineer deems an exception to be in the city’s and the residents’ best interests.

(c) Conditions may be imposed. The City Engineer may impose conditions on any exception granted under this section that, in the City Engineer’s determination, are necessary or appropriate to rapidly and completely restore the street and/or pavement surface, which may include, without limitation, base and sub-base repairs, curb replacement and/or restoration, repainting and/or restoring street markings and repaving the street over its full width and/or to any other natural breakpoint in the pavement surface. All such restoration work shall be: (1) performed at the applicant’s sole cost and expense; (2) performed in accordance with all applicable provisions in Title 12 and the city’s standard specifications for public improvements; and (3) completed within 90 days after the applicant completes the work for which the exception was granted.

(Ord. No. 22-8 § 6 (Exh. A))

12.15.060 Emergency work.

This article shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property or for the restoration of interrupted service 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.

(Code 1965, § 7205; Code 2002, § 90-206. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.070 Painting of paved surfaces.

It shall be unlawful for any person to apply paint or other permanent marking substance to any paved surface or curbs, except for official traffic markings made by the city or its agents and markings of underground facilities in connection with construction or maintenance work; provided, however, that home street numbers may be painted or applied to city curbs if the applicant shall first procure an encroachment permit as set forth in this article.

(Code 1965, § 7206; Code 2002, § 90-207. Ord. No. 932; Ord. No. 22-8 § 6 (Exh. A))

12.15.080 Appeal.

Any person aggrieved by the actions of any administrative official of the city may appeal said decision to the City Council. Such appeal shall be in accordance with Section 2.05.050. The City Council may affirm, modify, or reverse the action of the administrative official.

(Code 1965, § 7230; Code 2002, § 90-208. Ord. No. 845; Ord. No. 22-8 § 6 (Exh. A))

Article II. Permits and Fees

12.15.090 Authority to issue permits and approve encroachment agreements.

The written permits required by this article shall be issued by the superintendent of streets, subject to the provisions of this article and other applicable laws.

Encroachment agreements required by this article may be approved by the City Manager.

(Code 1965, § 7210; Code 2002, § 90-231. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

12.15.100 Application for permit; issuance.

(a) Application form. The Superintendent of Streets shall prescribe and provide a regular form of applications for the use of applicants for permits required by this article. The application shall show such information and details as the Superintendent of Streets may deem necessary to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment.

(b) Exhibits. When required by the Superintendent of Streets, the application shall be accompanied by maps, sketches, diagrams, or similar exhibits to the size and in the quantity as the Superintendent of Streets 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 required. The applicant shall also enclose with, attach, or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the Superintendent of Streets. 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, and court and similar authoritative orders.

(d) Action on application; issuance of permit. Applications may be approved, conditionally approved, or denied. Where the Superintendent of Streets finds that the application is in accordance with the requirements of this article, 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 Superintendent of Streets finds the application is in conflict with the provisions of this article, he shall deny the permit, giving in writing the reasons for said denial.

(Code 1965, § 7211; Code 2002, § 90-232. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.110 Form of encroachment agreement; form of permit; term; display; transfer; changes in permit or work.

(a) Form and validity. Permits must be written on a form prescribed by the Superintendent of Streets. No permit shall be valid unless signed by the Superintendent of Streets or his authorized representative. Encroachment agreements shall be in a form acceptable to the City Attorney and shall be recorded in the Office of the County Recorder.

(b) Time limit for beginning work. The permittee shall begin the work or use authorized by a permit issued pursuant to this article within 90 days from 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.

(c) Time limit for completion of work. The permittee shall complete the work or use authorized by a permit issued pursuant to this article within the time specified in the permit. If at any time the Superintendent of Streets 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 by the Superintendent of Streets in restoring the right-of-way or watercourse.

(d) Display of permit.

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

(2) A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the Superintendent of Streets or law enforcement officer within a reasonable time after demand therefor is made.

(e) Nonassignment of permits. Permits shall be issued only to the person, firm, or corporation making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.

(f) Changes in permit or work. No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit, except upon written authorization of the Superintendent of Streets; however, the location of underground pipes or conduits smaller than six inches in diameter shall be exempt from this requirement. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

(Code 1965, § 7212; Code 2002, § 90-233. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

12.15.120 Fees.

(a) The schedule of fees will be those recommended by the Superintendent of Streets and established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit, with the city, cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with the schedule established and adopted by the City Council.

(b) Public utilities may, at the Superintendent of Streets’ option, make payment for the above charges as billed by the city instead of advance deposit as required above.

(Code 1965, § 7213; Code 2002, § 90-234. Ord. No. 687; Ord. No. 850; Ord. No. 22-8 § 6 (Exh. A))

12.15.130 Bonds; insurance.

(a) Cash deposits. Unless this part is waived in the permit and before a permit is effective, the permittee shall deposit with the Superintendent of Streets, or agent authorized by resolution of the City Council, cash or a certified or cashier’s check, in the sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for costs of restoring the right-of-way or watercourse to its former condition, based on the schedules, if any, adopted by resolution of the City Council; provided, however, that the permittee may file a cash deposit on an annual basis in a sum estimated by the Superintendent of Streets as sufficient to cover his activities during any 12-month period.

(b) Bond in lieu of cash deposit. In lieu of the cash deposit prescribed by subsection (a) of this section, the permittee may, upon approval by the Superintendent of Streets, file a cash deposit in the minimum sum established by the schedule, if any, adopted by the City Council and in effect at the time of application for a permit, and the balance of the sum fixed by the Superintendent of Streets as sufficient to reimburse the city expenses incurred in restoring the right-of-way or watercourse to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state.

(c) Annual bond. In lieu of a cash deposit, the permittee may, upon approval of the Superintendent of Streets, annually file with the Superintendent of Streets an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the Superintendent of Streets as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way or watercourse to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

(d) Bond for continuing use. An applicant for a permit for a use or encroachment, which is to continue or remain within, under, or upon a watercourse or right-of-way of a public highway beyond the time authorized for construction or installation, shall file with the City Clerk a cash deposit or surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for all expenses incurred by the Superintendent of Streets in making the watercourse available for flow of stormwater or in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the City Council and in effect at the time of application for a permit.

(e) Additional bond or cash deposit. The Superintendent of Streets may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the City Council and in effect at the time of application for a permit.

(f) Condition of bond and cash deposit. The condition of any bond or cash deposit made pursuant to this division shall be that the permittee will diligently and with good faith comply with this article and the terms and conditions of the permit.

(g) Bond payable to city. Any bond or cash deposit required by the Superintendent of Streets pursuant to this article shall be payable to the city. Upon satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the bond or cash deposit will be released.

(h) Exclusions. Cash deposits or bonds 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.

(i) Insurance. Each person or entity prior to the granting of an encroachment permit shall furnish to the city a certificate showing that such person or entity has then in force a policy of commercial general liability insurance naming the city as an additional insured in an amount of not less than $1,000,000 per person or per occurrence combined single limit or some other amount as shall be determined to be acceptable by the Director of Public Works and/or the City Attorney. The permittee shall keep in full force and provide evidence of such policy of insurance to the Director of Public Works during such time as the permittee is performing work in the public right-of-way for which the encroachment permit was issued.

(Code 1965, § 7214; Code 2002, § 90-235. Ord. No. 17; Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

Article III. Standards for Work

12.15.140 Liability; indemnification of city.

The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee’s part to perform his obligations under said permit in respect to maintenance. 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 insofar as permitted by law.

(Code 1965, § 7220; Code 2002, § 90-251. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.150 Public safety requirements.

(a) The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this article, shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchguards, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the Superintendent of Streets to specify in the permit what lights, barriers, or other protective measures or devices are required shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the Superintendent of Streets finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

(b) A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction at no more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. Reflectorized warning signs conforming to the requirements of the state Division of Highways shall be placed 100 feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic; also, on major streets, additional similar signs shall be placed 400 feet in advance.

(c) Pursuant to the provisions of Government Code Section 50022.1 et seq., there is hereby adopted, by reference, as if set forth in full, the United States Department of Transportation’s Work Zone Traffic Control Standards and Guidelines, a copy of which is on file with the Clerk of Council. All warning signs, lights, and other safety devices shall conform to the requirements of the California Vehicle Code and the aforementioned standards and guidelines.

(Code 1965, § 7221; Code 2002, § 90-252. Ord. No. 687; Ord. No. 855; Ord. No. 913; Ord. No. 970; Ord. No. 87-22; Ord. No. 22-8 § 6 (Exh. A))

12.15.160 Facilitation of traffic flow.

(a) General standards. The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the Superintendent of Streets, the permittee may not: (1) obstruct more than one-half of the area used by vehicles; (2) obstruct a driveway approach on a developed property, except that, with permission of the occupant of the affected property, a driveway approach may be obstructed when the permittee’s construction personnel are present within 400 feet of the obstructed driveway; and (3) obstruct the area 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 flagpersons is mandatory (1) where the two-way vehicular traffic has less than 20 feet in which to pass; or (2) 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.

(b) Limited operations areas. The City Council may, from time to time, designate, by resolution, certain public streets to be limited operations areas. The following acts are prohibited in limited operations areas: (1) to conduct construction operations between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 3:30 p.m. and 6:00 p.m.; and (2) to obstruct more than one traffic lane between the hours of 7:00 a.m. and 10:00 p.m.; provided, that in the event of emergency the Superintendent of Streets may give permission to vary the requirements of this section.

(Code 1965, § 7222; Code 2002, § 90-253. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.170 Notices.

(a) Notices to city. All notices required by this division to be given by the permittees to the Superintendent of Streets 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 by certified mail to the address shown on the permit.

(c) Notification of 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; or making, placing, or causing an obstruction in the watercourse or traveled way, the permittee shall notify the Superintendent of Streets.

(d) Notification of completion of work. The permittee shall, upon completion of all work authorized in the permit, notify the Superintendent of Streets. 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 Superintendent of Streets.

(Code 1965, § 7223; Code 2002, § 90-254. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.180 Care of drainage.

If the work, use, or encroachment authorized in the permit issued pursuant to this article shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the Superintendent of Streets. Should the permittee fail to properly care for drainage, the Superintendent of Streets shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving said notice, the Superintendent of Streets shall take such action as may be necessary to correct the drainage at the expense of the permittee.

(Code 1965, § 7224; Code 2002, § 90-255. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

12.15.190 Specific standards.

(a) Inconvenience to public and property owners to be minimized. 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.

(b) Restoring of street. Upon completion of the work, acts, or things for which the permit was issued, or when required by the Superintendent of Streets, the permittee shall replace, repair, or restore the right-of-way or watercourse at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, 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.

(c) Maintenance of encroachment. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work, the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee agrees to comply with the above. The permittee shall, upon notice from the Superintendent of Streets, 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 replacement to be made before the permittee can be notified or can respond to the notifications, the city may, at its option, make the necessary repairs or replacement or perform the necessary work, and the permittee shall be charged with all the expenses incurred in the performance of the work.

(d) Relocation or removal of encroachment. When any encroachment authorized hereunder is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the city, such encroachment shall, upon written demand of the Superintendent of Streets, be relocated in such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee; provided, however, that this section shall become inoperative when any right-of-way shall become a freeway and thus cease to be used for the usual street purposes. Provided, further, that this section shall not apply to any public utility possessing a franchise from the city, which franchise, either by express provision or by statute, imposes a relocation obligation upon said public utility.

(e) Standards and specifications. The Superintendent of Streets 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 provisions of this article shall conform to said standards and specifications. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use.

(f) Supervision and inspection of work. The Superintendent of Streets is authorized to make such inspections in person, or through authorized subordinates, as he may deem necessary in connection with permits issued under this article. All work done or uses under such permits shall be under the supervision of, and to the satisfaction of, the Superintendent of Streets.

(g) Storage of materials. Unless otherwise approved by the Superintendent of Streets, no material shall be stored within the traveled way or on any sidewalk; excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward.

(h) Installation of pipes and conduits under paved surfaces. Pipes or rigid conduits 2-1/2 inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces, unless otherwise specifically authorized in the permit. Under no circumstances will tunneling be permitted.

(i) Minimum cover over pipes. The minimum cover over any and all pipes larger than 2-1/2 inches installed within the right-of-way shall be 36 inches of earth or imported materials measured from the top of curb; where curbs are not level with respect to each other at any section drawn perpendicular to the centerline of the pavement, cover shall be measured from a straight line drawn between the curbs at the section in question. Top-of-curb elevations shall be established by the Superintendent of Streets. Where the above specified cover cannot be maintained due to topography, existing structures, or engineering necessity, the Superintendent of Streets may permit a reduced cover, attaching such additional requirements as he may deem necessary for protection of facilities or improvements in the right-of-way.

(j) Backfill. Backfilling of an excavation shall be in accordance with specifications established by the Superintendent of Streets or as otherwise required by him, both as to material and method; and backfill shall not be placed in any excavation with compaction of the material used therein, the degree and method thereof to be to the satisfaction of the Superintendent of Streets.

(k) Poles and transmission line carriers.

(1) 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.

(2) No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders, and regulations of the Public Utilities Commission.

(3) 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 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 Superintendent of Streets.

(l) 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-sixth the thickness of said concrete, to a maximum of 1-1/2 inches. All cuts in concrete shall be made to the nearest score line, unless otherwise permitted by the Superintendent of Streets. Cuts in asphalt paving shall be kept as straight and uniform as practicable. The Superintendent of Streets may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration.

(m) Aids to visibility. When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Superintendent of Streets 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 state Department of Public Works at the expense of the permittee.

(n) Moving vehicles or objects.

(1) Before a vehicle or combination of vehicles or object 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 Superintendent of Streets, as set forth in specifications established by the Superintendent of Streets, or as otherwise required by him.

(2) When authorized by a permit issued pursuant to this article 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.

(3) Prior to commencing any move for which a permit is granted pursuant to this article and section, the permittee shall give at least 48 hours’ written notice to all Police and Fire Department authorities having jurisdiction.

(o) Mailboxes. All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, 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 mailboxes.

(p) Hedges, fences, or shrubbery.

(1) Planting or erection.

a. No hedge, fence, shrub, or similar structure shall be planted, erected, or maintained in a watercourse or right-of-way without a permit.

b. No hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(2) Maintenance. The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this article, the Superintendent of Streets may direct the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.

(3) Lawns. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass or type not prohibited by other law, within the right-of-way of a public street, without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, 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 article. 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.

(q) 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 onto or over adjacent street, sidewalk, or driveway areas.

(r) 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 Superintendent of Streets to do so, said permission to be granted in conformance with requirements as set forth in specifications established by the Superintendent of Streets. Replacement of removed or disturbed monument will be at the expense of the permittee.

(s) Maps of underground facilities. Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits, or similar structures, under permit granted pursuant to this article shall maintain accurate and complete maps of location, depth, size, and character of such facilities and shall furnish, at no cost to the city, copies of said map to the Superintendent of Streets upon his demand.

(t) Public service directional signs. Public service directional signs for churches, hospitals, and similar places of public use may not be erected, placed, maintained without first obtaining a permit hereunder. The City Council may, from time to time, adopt, by resolution, special regulations and fee schedules pertaining to encroachment by such signs.

(Code 1965, § 7225; Code 2002, § 90-256. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))