Chapter 12.08
ENCROACHMENTS--EXCAVATIONS
Sections:
12.08.020 Encroachments--Excavations.
12.08.090 Violation--Penalties.
12.08.100 Signs within the public right-of-way.
12.08.010 General.
Subject to the control of the city council there is delegated to the superintendent of streets the administration of the use of city streets for excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits for such uses. (Ord. 37 Sec. 1, 1965)
12.08.020 Encroachments--Excavations.
No person, including firm, corporation, public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any city street or the right-of-way thereof without first obtaining from the superintendent of streets a permit there for, or maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the superintendent of streets only upon written application therefor and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the city, or a public district or public utility or public service agency having lawful authority to use the right-of-way or street for the purpose specified, or the owner or an easement for such purpose within the street right-of-way, or if the superintendent of streets is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the street or impairment of its use as the result thereof and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the city to use the right-of-way for public street purposes. Every such permit shall be conditioned upon the right of the city to require the permittee to relocate or remove the structure or encroachment at the permittee’s expense for the benefit of the city or to relocate the structure or encroachment at the permittee’s expense, wherein the opinion of the city superintendent of streets such action is reasonably necessary to avoid a crossing conflict, for the benefit of any public district, public agency or political subdivision or of any other person or agency having a right to use the city streets for the purpose proposed; but the acceptance of a permit shall not be deemed a waiver by the permittee of any contractual or statutory right against any party for reimbursement of the expense of such removal or re location. Every such permit shall be subject to such conditions as the superintendent of streets determines are necessary to assure the safety of the traveling public and the restoration of service of the street and the foundations thereof, and of the portions outside the traveled roadway. The city superintendent of streets may require such surety bond or deposit of money as in his judgment may be necessary to secure performance of the conditions of the permit and the replacement and restoration of the surface and the subsurface of the street and the right-of-way, and any survey monuments or other improvements that may have been disturbed. The superintendent of streets may, where convenient to road work he has programmed or for other reasons of city convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee fails to refill any excavation or to restore the city street or right-of-way to its condition prior to the excavation, the city superintendent of streets shall have the right to perform the work and collect in the name of the city the cost thereof. (Ord. 37 Sec. 2, 1965)
12.08.021 Prohibitions.
In order to provide a walkway for pedestrian traffic, no encroachment permit shall be granted to construct a fence or similar structure within four feet of the curb line of any street located in the RI zone. The superintendent of streets shall require the walkway to be kept free and clear of any and all obstructions and shall allow only the planting of grass therein. (Ord. 261 Sec. 2 (part), 1973)
12.08.030 Exceptions.
An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of a life or property, and provided that such a permit is obtained on the first business day thereafter, and further provided that the excavation is made in such manner as to give full protection to the users of such street and the city. (Ord. 37 Sec. 3, 1965)
12.08.040 Tree removal.
No person, firm, corporation, public district, public agency or political subdivision shall remove or severely trim any tree planted in the right-of-way of any city street without first obtaining a permit from the superintendent of streets to do so. Such permit shall be issued without fee, if the city superintendent of streets is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the right-of-way or the construction of improvements on adjacent land. He may impose such conditions as he deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree trimmer actually engaged in that business, and for bond, insurance or other security to protect person and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead power or communication lines pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relocation or replacement by one or more other trees of a kind or type to be specified in the permit. (Ord. 37 Sec. 4, 1965)
12.08.050 Application.
Each application for a permit under this chapter shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency, or by his or its agent authorized in writing. The application shall be submitted on a form supplied by the city superintendent of streets and shall contain or be accompanied by such Information as he may require. Each permit shall be written on a form furnished and signed by the superintendent of streets or his duly authorized representative and shall specify and/or refer to the conditions of granting such permit including the condition that such permit shall be recorded in the office of the recorder for Riverside County. (Ord. 261 Sec. 2 (part), 1973: Ord 37 Sec. 5, 1965)
12.08.060 Fees.
The permit fees and inspection fees required by this chapter shall be paid at or after the time the application is filed, but in any event before the permit is issued. The fees for permits, which shall not be refundable, and for inspections shall be established by Resolution of the City Council.
A series of concurrent excavations in the same immediate neighborhood involving a single inspection procedure shall be considered a single excavation for the purpose of determining the inspection fee;
The Director of Public Works may waive the inspection fee when in his opinion the public safety or convenience does not require inspection of an excavation or encroachment. (Ord. 665, 1993; Ord. 37 Sec. 6, 1965)
12.08.070 Exemptions.
A. The following shall be exempted from payment of the permit fee for an excavation or encroachment:
1. A public utility which holds and at the time of application for the permit has held for at least five years a franchise from the City or the county of Riverside or the state of California authorizing the use of public highways for a public utility installation;
2. Every public district, public agency or public subdivision having lawful authority to use the right-of-way or highway for the purpose specified;
3. Street improvements under special assessment or improvement district proceedings conducted by the City Council;
4. Public utility and public service facilities installed pursuant to specified contract with the city and under the control thereof for an agency thereof.
B. The following shall be exempted from payment of the inspection fee for an excavation or encroachment:
1. A public utility which holds and at the time of application for the permit has held for at least five years, a franchise from the City, the county of Riverside or the state of California authorizing the use of public highways and streets for:
a. A public utility installation not involving excavation in a City street or right-of-way, other than as usual and necessary for the installation of poles, guys and anchors at locations entirely outside the traveled portion of the right-of-way or established sidewalks, improved or unimproved, or
b. For a public utility installation involving only a bellhole excavation to install, repair or replace a consumer service connection;
2. Street improvements under special assessment or improvement district proceedings conducted by the City Council;
3. Public utility and public service facilities installed pursuant to a specific contract with the City and under the control thereof, or a City agency.
C. Subdivision improvements to be constructed pursuant to agreement with the City are exempt from this chapter. (Ord. 37 Sec. 7, 1965)
12.08.080 Blanket permits.
The Superintendent of Streets may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied to reduce administrative costs of both City and applicant. (Ord. 37 Sec. 8, 1965)
12.08.090 Violation--Penalties.
(Repealed Ord. 634, 1991) (Ord. 527 Sec. 4 (part), 1984: Ord. 417 Sec. 3 (part), 1978)
12.08.100 Signs within the public right-of-way.
Official signs of any public or governmental agency, such as traffic regulating signs, trespassing signs, signs indicating danger, equestrian trail designation signs, signs providing directions to public services or facilities, signs providing direction to hospitals or emergency health clinics, or signs used as aids to service or safety are permitted and are exempt from the provision of this chapter. Privately financed signs that provide overall community service such as City entrance signs, sponsored by service organizations, crime prevention watch groups, may be permitted upon approval of the City Council provided the signs will not cause safety problems or conflict with on-site signs or nearby uses. Strictly prohibited in the city right-of-way except as provided above, are signs sponsored by private individuals or organizations that provide directions to specific privately owned and operated facilities such as clubs, service organization meeting halls, churches, or other religious organizations. (Ord. 491 Sec. 5, 1983)