§ 15-2. Encroachments in Streets or Rights-of-Way.
15-2.1 Definitions. As used in this section:
a.
"Encroach" or "encroachment" shall mean going over, upon or under or using any right-of-way, watercourse, open space, or park land in such a manner as to prevent, obstruct, alter or interfere with its normal use and shall include, without limiting the generality of the foregoing, the performance thereon of any of the following acts:
1.
Excavating, filling or disturbing the right-of-way, watercourse, open space. or park land;
2.
Erecting or maintaining a 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, watercourse, open space, or park land;
3.
Planting any trees, shrub, grass or other growing thing or removing, cutting or trimming any tree within a right-of-way, watercourse, open space, or park land;
4.
Placing or leaving on a right-of-way, watercourse, open space, or park land, any rubbish, brush, earth or other material of any nature whatsoever;
5.
Constructing, placing or maintaining on, over, under or within a right-of-way any pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility, or any pipe, conduit, wire or cable;
6.
Traveling on the right-of-way, watercourse, open space, or park land without a permit, by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law;
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, watercourse, open space, or park land, which causes or is likely to cause an encroachment.
b.
"Permittee" shall mean any person, firm, corporation, or public agency that proposes to do work or encroach upon a right-of-way, watercourse, open space, or park land as herein defined and has been issued a permit for such encroachment by the director.
c.
"Right-of-way" shall mean the full width of land, irrespective of the current use, which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.
d.
"Public street" shall mean the full width of the right-of-way of any street, whether or not maintained by any public agency, except streets forming part of the State Highway System, which is:
1.
Laid out or constructed as such by the city;
2.
Laid out or constructed by others and dedicated or abandoned to or acquired by the city;
3.
Made a city street as part of the subdivision of real property pursuant to the conditions of the Novato Subdivision and Division of Land Ordinances; or
4.
Subject to public use in any other legally recognized manner.
e.
"City engineer" shall mean the city engineer of the City of Novato or his authorized representative.
f.
"Private contract" shall mean 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.
g.
"City" shall mean the City of Novato, a municipal corporation.
h.
"Watercourse" shall mean a channel for the carrying of storm water, including both natural and artificial watercourses, and whether or not dedicated to or maintained by any public agency.
i.
"Public utility" shall mean private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street. This division shall not limit the powers and duties vested in the Public Utilities Commission of the State of California and in the event of any conflict, the Public Utilities Commission's rules shall govern.
j.
"Public agency" shall mean any city, county, public corporation, or public district established through due process of law.
k.
"Open space" shall mean any space or area set aside by the city to preserve existing openness, natural condition, or present use, that if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources.
l.
"Park land" shall mean any space or area owned, dedicated to, leased to, or maintained by the city characterized by development solely for the intent of park and recreational activities, both active and passive, open for public use and subjected to all rules and regulations described in Chapter X of the code for this city.
(Ord. No 186, § 1; Ord. No. 961, §§ 1, 2; Ord. No 989, § 1)
15-2.2 Exceptions. This section 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.
(Ord. No. 186, §2)
15-2.3 Restriction of Use. All permits granted pursuant to this section shall be subject to the right of the city and any person 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. No. 186, § 3)
15-2.4 Permit Required. 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, watercourse, open space, or park land without having first obtained a permit as required by this ordinance.
(Ord. No. 186, § 4; Ord. No. 961, § 3)
15-2.5 Prohibited Encroachments. The following encroachments are specifically prohibited and no applications will be accepted nor permits issued therefor:
a.
Construction or maintenance of a loading dock on or in a right-of-way.
b.
Erection or maintenance of a post, pole, column or structure for the support of advertising signs not otherwise permitted by this chapter, except for advertising in bus shelters in nonresidential zones pursuant to a contract executed by the city manager after city council authorization.
c.
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 and public agencies.
d.
Erection, installation or maintenance of posts, poles or columns for the purpose of carrying lights intended primarily for lighting of abutting private property.
e.
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.
f.
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 storm water.
g.
To injure, collect, remove, or install any plant or portion thereof, whether living or dead, including but not limited to, trees, flowers, mushrooms, bushes, vines, grass, turf, cones, or deadwood on open space or park land except such cases deemed necessary by the city engineer to provide for the public health, safety and welfare of this community.
h.
Except as otherwise permitted by this municipal code or other ordinance enacted by this city, no person shall:
1.
Stand or park any vehicle, wagon, or pushcart from which goods, wares, services, merchandise, fruits, vegetables, or foodstuffs are sold, displayed, solicited, or offered for sale or bartered or exchanged;
2.
Place any goods, wares, services, merchandise, fruits, vegetables, or foodstuffs for the purposes of selling, displaying, soliciting or offering for sale, bartering or exchanging same.
(Ord. No. 186, § 5; Ord. No. 961, § 4; Ord. No. 1294, § 1; Ord. No. 1349, § 1)
15-2.6 Emergency Work. This section 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 when an urgent necessity therefor arises during the hours the offices of the city are closed, except that a 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. Any person requiring an emergency use or encroachment shall first notify the department of community development. During the hours that the city offices are closed, notification shall be given to the police department.
When traffic conditions, the safety or convenience of the traveling public or the public interest require that encroachment work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of workers and adequate facilities be employed by the permittee 24 hours a day to the end that such encroachment work may be completed as soon as possible.
(Ord. No. 186, § 7; Ord. No. 989, § 1)
15-2.7 Authority to Issue Permits. The written permits required by this section shall be issued by the city engineer, subject to the provisions of this section and other applicable laws.
(Ord. No. 186, § 7; Ord. No. 989, § 1)
15-2.8 Application for Permit. The city engineer shall prescribe and provide a regular form of application for the use of applicants for permits required by this section. The application shall show such information and details as the city engineer may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.
(Ord. No. 186, § 8; Ord. No. 989, § 1)
15-2.9 Exhibits Required. When required by the city engineer, the application shall be accompanied by maps, sketches, diagrams or similar exhibits, to the size and in the quantity as the city engineer 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, watercourse, open space, or park land.
(Ord. No. 186, § 9; Ord. No. 961, § 5; Ord. No. 989, § 1; Ord. No. 1127, § 24)
15-2.10 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 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 city engineer. 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.
In some instances, the city does not own the lands which its streets traverse, its interest being limited to an easement only. Therefore, the permit covers surface operations only at all locations where the city has no subsurface rights and in such cases does not purport to authorize any excavation, laying pipelines, setting of poles or other operations below the surface of the right-of-way. In such cases it is the responsibility of the permittee to obtain the consent of the owner or owners of the underlying fee before undertaking below-surface operations.
(Ord. No. 186, § 10; Ord. No. 989, § 1)
15-2.11 Action on Applications. Applications may be approved, conditionally approved or denied. Where the city engineer finds that the application is in accordance with the requirements of this section, he shall issue a permit for the 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 city engineer finds the application is in conflict with the provisions of this section, he shall deny the permit, giving in writing the reasons for the denial.
(Ord. No. 186, § 11; Ord. No. 989, § 1)
15-2.12 Permit; Form and Validity. Permits must be written on a form prescribed by the city engineer and no permit shall be valid unless signed by him or his authorized representative.
(Ord. No. 186, § 12; Ord. No. 989, § 1)
15-2.13 Term of Permit.
a.
Beginning of Work. The permittee shall begin work or use authorized by a permit issued pursuant to this section 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.
b.
Continuing Use. A permit for temporary encroachments, as determined by the city engineer, for continuing a use or maintaining a temporary encroachment previously authorized shall be valid for a term of one year from the date of issuance, 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 city engineer mailed 30 days prior to the date of termination.
If continuing encroachments onto rights-of-way, water-courses, open space or park land owned in fee by the City of Novato are of a private or permanent nature, the permittee will then be required to enter into a lease agreement with this city for the continued use of this area. The manner and form of such agreement shall be determined in accordance with Sections 37380 et seq. of the California Government Code. The permittee will then be responsible to follow all rules and regulations pursuant to this ordinance and those contained in the lease agreement.
c.
Completion of Work. The permittee shall complete the work or use authorized by a permit issued pursuant to this ordinance within the time specified in the permit. If at any time the city engineer 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, watercourse, open space, or park land to its former condition. The permittee shall reimburse the city for all expenses incurred by the city engineer in restoring the right-of-way, watercourse, open space, or park land.
(Ord. No. 186, § 13; Ord. No. 961, §§ 6, 7; Ord. No. 989, § 1; Ord. No. 1127, § 25)
15-2.14 Display of Permit. The permittee shall keep any permit issued pursuant to this section 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 city engineer or law enforcement officer on demand. 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 city engineer or law enforcement officer within a reasonable time after demand therefor is made.
(Ord. No. 186, § 14; Ord. No. 989, § 1; Ord. No. 1127, § 26)
15-2.15 Non-Assignment. 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.
(Ord. No. 186, § 15)
15-2.16 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 city engineer; 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.
(Ord. No. 186, § 16; Ord. No. 1127, § 27)
15-2.17 Fees. The schedule of fees will be those recommended by the city engineer 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 a schedule established and adopted by the city council. Where work for which a permit is required (by this section) is started or proceeded with prior to obtaining the permit, the fees above specified shall be doubled.
Public utilities and public agencies may, at the city engineer's option, make payment for the above charges as billed by the city instead of making the advance deposit as required above.
(Ord. No. 186, § 17; Ord. No. 989, § 1)
15-2.18 Cash Deposit or Lien Agreement. Unless this provision is waived in the permit and before a permit is effective, the permittee shall deposit with the city engineer a sum to be fixed by the city engineer as sufficient to reimburse the city for costs of restoring the right-of-way, watercourse, open space, or park land to its former condition provided, however, that the permittee may file a cash deposit on an annual basis in a sum estimated by the city engineer as sufficient to cover his activities during any 12 month period.
In lieu of a cash deposit, a property owner may, upon approval of the city engineer, execute a lien agreement on his abutting real property to secure the performance of restoring the right-of-way, watercourse, open space, or park land to its former condition.
(Ord. No. 186, § 8; Ord. No. 961, § 8; Ord. No. 989, § 1; Ord. No. 1127, § 28)
15-2.19 Bond in Lieu of Cash Deposit. In lieu of the cash deposit prescribed by subsection 15-2.18, the permittee may, upon approval by the city engineer, file a cash deposit in a minimum sum established by the city engineer and the balance of the sum required may be filed in the form of an approved surety business in the State of California.
(Ord. No. 186, § 19; Ord. No. 989, § 1)
15-2.20 Annual Bond or Maintenance Bond. In lieu of a cash deposit, the permittee may, upon approval of the city engineer, annually file with the city engineer an approved surety bond issued by a company authorized to do a general surety business in the State of California, in a sum fixed by the city engineer as sufficient to reimburse the city for such costs.
The city engineer may require a corporate surety bond in a sum fixed by the director as sufficient to reimburse the city for costs of maintaining or repairing the encroachment for a period of one year after the date of completion and acceptance by the city engineer.
(Ord. No. 186, § 20; Ord. No. 989, § 1)
15-2.21 Bond for Continuing Use. An applicant for a permit for 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 of California, in a sum to be fixed by the city engineer as sufficient to reimburse the city for all expenses incurred by the city engineer in making the watercourse available for flow of storm water or in making the right-of-way safe and convenient for the travel of the general public.
(Ord. No. 186, § 186, § 21; Ord. No. 1127, § 29)
15-2.22 Additional Bond or Cash Deposit. The city engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously given is insufficient.
(Ord. No. 186, § 22; Ord. No. 989, § 1)
15-2.23 Condition of Bond and Cash Deposit. The condition of any bond or cash deposit made pursuant to this section shall be that the permittee will diligently and with good faith comply with this section and the term and conditions of the permit.
(Ord. No, 186, § 23)
15-2.24 Bond Payable to City. Any bond or cash deposit required by the city engineer pursuant to this section shall be filed with him and shall be payable to the City of Novato. 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 upon the expiration of 90 days from the date of completion.
(Ord. No. 186, § 24; Ord. No. 989, § 1)
15-2.25 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, right-of-way, watercourse, open space, or park land.
(Ord. No. 186, § 25; Ord. No. 961, § 9)
15-2.26 Liability. 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 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 of Novato, its officers or employees, permittee shall defend indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
The permittee shall take out such public liability insurance as the city engineer may specify and shall furnish the city a certificate thereof.
(Ord. No. 186, § 26; Ord. No. 989, § 1)
15-2.27 Public Safety. All work shall comply with traffic control requirements per the California Vehicle Code and other state requirements as required by the city engineer. The permittee in the conduct of the construction, use or maintenance of an encroachment authorized by a permit issued pursuant to this section shall provide, erect, and maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are required and set forth by the city engineer of the city. Any omission on the part of the city engineer to specify lights, barriers, or other protective measures and devices in the permit shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the city engineer finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
Unless specifically permitted by the city engineer, open trenches in excess of 300 feet in advance of the pipe line operation will not be allowed. In no case shall there be greater than 500 feet of open trench at any one time.
(Ord. No. 186, § 27; Ord. No. 989, § 1; Ord. No. 1127, § 30)
15-2.28 Maintaining Traffic and Street Closures. The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. 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.
When the temporary closure of a public street to pedestrian and/or vehicular traffic is requested by the permittee, the permit shall be applied for at least two weeks in advance of the date of requested closure. The city engineer shall determine the effect of the requested closure and if satisfied as to adequate, available, alternate detour routes, may issue a permit, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the city. When emergency situations arise due to unforeseen circumstances or other causes, the two week period may be waived. Before closure of any public street, the permittee shall notify the police, fire and ambulance authorities having jurisdiction.
(Ord. No. 186, § 28)
15-2.29 Limited Operations Areas. The city council may, from time to time, designate by resolution certain public streets to be "limited operation areas". The following acts are prohibited in "limited operation areas": (1) Conduct of 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) Obstruction of 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 city engineer may give permission to vary the requirements of this section.
(Ord. No. 186, § 29)
15-2.30 Notices.
a.
Notices to City. All notices required by this section to be given by the permittee to the city engineer shall be given at his office at City Hall, Novato, California.
b.
Notices to Permittee. Any notice to be given to the permittee shall be deemed to have been received by him upon mailing by regular mail to the address shown on the permit.
c.
Beginning of Work. Before beginning any work which is or includes excavation, construction or 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 give the city engineer one full working day notification.
d.
Completion of Work. The permittee shall upon completion of all work authorized in the permit notify the city engineer. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the city engineer.
(Ord. No. 186, § 30; Ord. No. 989, § 1; Ord. No. 1127, § 31)
15-2.31 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. Owners of abutting property shall be notified as directed by the city engineer of inconvenience to them which will result from any street work.
Permittee shall provide free and unobstructed access to all mail boxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. Permittee shall not remove such public service structures and property or relocate same without proper permission from the authorities charged with control and maintenance of same.
The permittee shall, at his own expense, preserve and protect any adjoining property likely to be damaged during the progress of excavation work by providing proper foundations, shoring, or other appropriate measures. Where in the protection of such property it is necessary to enter upon private property, the permittee shall obtain permission to enter from the owner.
(Ord. No. 186, § 31; Ord. No. 989, § 1)
15-2.32 Care of Drainage. If the work, use or encroachment authorized in the permit issued pursuant to this section shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the city engineer. Should the permittee fail to properly care for drainage, the city engineer shall notify the permittee to take corrective action. If the permittee fails to complete such corrective action immediately upon receiving said notice, the city engineer shall take such action as may be necessary to correct the drainage at the expense of the permittee.
(Ord. No. 186, § 32; Ord. No. 989, § 1)
15-2.33 Restoring of Street, Watercourse, Open Space, and Park Land. Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair or restore the right-of-way, watercourse, open space, or park land 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 right-of-way, watercourse, open space, or park land under the permit and shall do any other work or perform any act necessary to restore the right-of-way, watercourse, open space, or park land to a safe and usable condition.
Any abandoned driveway for which there is no immediate reasonable use as such, or where the use or condition of the abutting property has been so changed that the driveway is no longer needed, shall be removed and replaced with standard curb, gutter and sidewalk to fit the existing line and grade of adjacent standard curb, gutter and sidewalk, within 30 days after the driveway has become abandoned. Any driveway abandoned as defined above and not removed or reconstructed within 30 days after its abandonment, shall justify tile city in removing the driveway and replacing the same with standard curb, gutter and sidewalk at the sole expense of the permittee. All curbs shall be vertical type and construction of rolled curbs within the city is prohibited. (Ord No 186 § 33;
(Ord. No. 961, § 10)
15-2.34 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 city engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, watercourse, open space, or park land, 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. See subsection 15-2.20 for maintenance bond requirements.
(Ord. No. 186, § 34; Ord. No. 961, § 11)
15-2.35 Relocation or Removal of Encroachments. 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 city engineer, be altered, shored up, supported, protected, removed or relocated in such a way as to eliminate the conflict, said alteration, etc., to be at the sole expense of the permittee. Should the permittee fail to comply with the 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 the public utility.
Permittee shall upon uncovering any pipe or underground facility not previously located or anticipated except water, gas and sewer service laterals, cease work immediately and shall notify the city engineer. Permittee shall proceed with the work only after the proper utility has been notified and permission is granted by the city engineer to proceed.
(Ord. No. 186, § 35; Ord. No. 989, § 1)
15-2.36 Standards and Specifications. The city engineer 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 section shall conform to the standards and specifications. In the absence of specific standards and specifications. recognized standards of construction or approved practices shall govern the work or use.
(Ord. No. 186, § 36; Ord. No 989 § 1)
15-2.37 Inspection. The city engineer is authorized to make such inspections in person or through authorized subordinates as he may deem necessary in connection with permits issued under this section.
(Ord. No. 186, § 37; Ord. No. 989, § 1)
15-2.38 Storage of Materials. Unless otherwise approved by the city engineer, no material shall be stored within the public right-of-way. 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.
(Ord. No, 186, § 38; Ord. No. 989, § 1)
15-2.39 Pipes, Conduits and Minimum Cover. Pipes or rigid conduits two and one-half (2½) inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces, unless otherwise specifically authorized in the permit.
The minimum cover over any and all pipes larger than two and one-half (2½) inches installed within the right-of-way shall be 30 inches of earth or imported materials measured from the top of curb existing or planned. The minimum cover behind the curbs shall be 18 inches. Where curbs are not level with respect to each other at any section drawn perpendicular to the center line 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 city engineer. Where the above specified cover cannot be maintained due to topography, existing structures, or engineering necessity, the city engineer 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. Cutting of tree roots will not be permitted.
Upon abandonment of any facility or equipment located above, on or below the surface of the street, the owner thereof shall notify the city engineer in writing of such abandonment within not less than 20 days thereafter; and if, in the opinion of the city engineer, the facility or equipment so abandoned should be removed, the owner shall commence the removal of the same at the owner's own cost and expense within 20 days after receipt of notice to that effect from the city engineer, or if, in the opinion of the city engineer, any work should be done in the streets for the purpose of insuring the restoration of improved surface of the street to a useful, safe, durable or good condition as the result of such abandonment, the city shall commence such work after 20 days written notice to the owner to that effect from the city engineer, and when the work is completed the city shall send a bill to the owner for the total cost and expense thereof, which shall be collected in any manner authorized by law.
(Ord. No. 186, § 39; Ord. No. 989, § 1)
15-2.40 Backfill. Backfilling and compaction of an excavation shall be in accordance with the standards and specifications established by the city engineer or as otherwise required by him, both as to material and method.
(Ord. No. 186, § 40; Ord. No. 989, § 1)
15-2.41 Poles and Transmission Line Carriers. 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.
a.
Guy Wires. 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.
b.
Removals. When a pole, brace, anchor, 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 city engineer.
c.
Locations. Poles shall be located at dividing lines of properties abutting the street insofar as practical. Where poles are to be located in sidewalks, they shall be placed such that the edge nearest the street shall not be less than ten inches nor more than 12 inches from the street face of the curb. Where sufficient right-of-way is available and when directed by the city engineer, poles shall be placed to the rear of sidewalks. In locations where there are no curbs, poles shall be placed at least eight feet from the edge of existing pavements unless such requirement is waived by the city engineer. The permittee shall remove and keep clear all vegetation on the right-of-way from within a radius of at least five feet of poles when ordered by the city engineer.
d.
Aids to Visibility. When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the city engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Transportation of the State of California at the expense of the permittee.
(Ord. No. 186, § 41; Ord. No. 989, § 1)
15-2.42 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 ( 1/6 ) the thickness of the concrete, to a maximum of one and one-half (1½) inches. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the director. Cuts in asphalt paving shall be kept as straight and uniform as practicable. The director may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration.
(Ord. No. 186, § 42)
15-2.43 Movements of Vehicles or Objects. Before a vehicle or combination of vehicles or object of weight or dimension or characteristic prohibited by law as set forth in the California Vehicle Code in Sections 35,000 et seq., is moved on any right-of-way, watercourse, open space, or park land, a permit to do so must first be granted by the director, or as otherwise required by him. Construction "sheds", the width of which is not in excess of 120 inches, shall be considered as construction equipment in accordance with Section 35104 (c) of the California Vehicle Code, provided, however, that the permittee has complied with all other requirements set forth in the code.
When authorized by a permit issued pursuant to this section 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 and subject permittee to such penalties as may be invoked under this section.
Prior to commencing any move for which a permit is granted pursuant to this section, the permittee shall give at least 48 hours written notice to all police and fire department authorities having jurisdiction.
(Ord. No. 186, § 43; Ord. No. 961, § 12)
15-2.44 Mail Boxes. All mail boxes must be placed in accordance with the rules and regulations of the United State 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 mail boxes. However, the director will require proper restoration of the right-of-way to its former condition at the expense of the property owner, upon the removal of the mail box.
(Ord. No. 186, § 44)
15-2.45 Trees, Hedges, Shrubbery, Fences, Etc. No tree, hedge, shrub, fence, trellis, or similar structure shall be planted, erected or maintained in a right-of-way or water course without a permit issued in accordance with this chapter and chapter 17 as applicable.
a.
Planting or Erection. No tree, hedge, shrub or other planting whatever, fence, trellis 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.
b.
Maintenance. The permittee and/or the owner of the adjacent property, shall maintain the trees, 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 section, the city engineer may order the permittee and/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 and/or property owner.
c.
Lawns and Ground Covers. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn or ground cover 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 or ground cover shall not extend into the traveled way of the public street nor into the drainage ditches, gutters or other drainage facilities, nor impede pedestrian travel. 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 section. 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.
d.
Trees. A comprehensive plan for the planting and maintenance of trees which are in or may overhang public streets shall be developed by the director in conformance with this chapter and chapter 17. This plan shall incorporate a list of approved city street trees, and the street tree planting and pruning standards and specifications, all of which shall be maintained on file at the department of community development.
(Ord. No. 186, § 45; Ord. No. 989, § 1; Ord. No. 1441, § 2(D))
15-2.46 Sidewalk Improvements. For the purpose of this section the term sidewalk improvements shall include any sidewalk, driveway, curbing, bulkhead, retaining wall, paving, masonry work, irrigation or drainage facilities or tree, hedge, shrub, or planting of any kind existing in the area between the property line and roadway curbline (face of curb) of any public street, regardless of such improvements being made by the property owner responsible or liable for the improvements under this section. Permission to install any of the above sidewalk improvements may be granted by the city engineer upon application for a permit in accordance with this chapter and chapter 17 as applicable. The property owner of a parcel of real property which abuts on any area between the property line and roadway curbline (face of curb) of any public street shall be responsible for all maintenance and repairs, including damage caused by tree roots, needed to keep sidewalk improvements in a safe condition. The property owner shall have a duty to members of the public to keep sidewalk improvements in a reasonably safe condition and shall be liable for negligence to any person suffering damage due, in whole or in part, to the owner's failure to perform this duty.
(Ord. No. 186, § 46; Ord. No. 989, § 1; Ord. No. 1441, § 2(D); Ord. No. 1489, § 1)
15-2.47 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 area.
(Ord. No. 186, § 47)
15-2.48 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 city engineer to do so, the permission to be granted in conformance with the requirements set forth in specifications established by the city engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee in accordance with standards established by the city engineer.
(Ord. No. 186, § 48; Ord. No. 989, § 1)
15-2.49 Maps of Facilities. Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits or similar structures shall maintain accurate and complete maps of such facilities. The city engineer shall upon request, be furnished, free of charge, maps regarding location, size, and character of such facilities as may be necessary.
(Ord. No. 186, § 49; Ord. No. 989, § 1)
15-2.50 Public Service Directional Signs. Public service directional signs for churches, hospitals and similar places of public use may not be erected, placed or 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. The provisions of Ordinance No. 8 (Zoning Ordinance, codified as Chapter XIX), shall govern where applicable.
(Ord. No. 186, § 50)
15-2.51 Marking of Streets, Curbs and Sidewalks. It shall be unlawful for any person, without first obtaining a permit hereunder, to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk, or curb, except that temporary markings for the purpose of identifying survey of construction locations, marking of underground facilities in connection with construction or maintenance work, or official traffic markings shall not be subject to this section.
(Ord. No. 186, § 51)
15-2.52 Reserved by Ord. No. 1053, § 1.
15-2.53 Temporary Signs and Banners.
a.
Temporary signs, pennants, banners or decorations of a civic, charitable, educational, municipal, political, directional or religious nature may be placed on or over public streets under the provisions of this section. Encroachments in this category shall be erected and maintained for a limited period as specified in the permit. Banners suspended over public streets shall have a vertical clearance of 18 feet and shall not be attached in any manner to utility poles, traffic signal standards, or electrolier standards without written permission of the agency or utility owning the pole or standard.
b.
Maintenance. Costs involved in removal, emergency work, and repairs to such signs, banners, flags or decorations shall be paid by permittee, pursuant to subsection 15-2.34.
c.
Prohibited Uses. Temporary signs, pennants, banners, advertising placards, posters and announcements for commercial purposes (except existing signs which were in place prior to incorporation of the City of Novato) are prohibited on or over street rights-of-way.
(Ord. No. 186, § 53)
15-2.54 Excavation of Newly-Paved Streets . The city desires to regulate excavations and pavement cutting of newly-constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way by establishing the following regulations:
a.
Excavations Prohibited . Upon adoption of a resolution by the city council designating the public rights-of-way in the city upon which excavation shall be prohibited (the "prohibition resolution") as hereinafter provided, the following regulations will apply:
1.
No excavation or pavement cutting shall be permitted in the public rights-of-way designated in the prohibition resolution ("designated rights-of-way"), for a period of five years from the recordation of a notice of completion for construction, reconstruction, paving, surfacing, resurfacing or sealing ("pavement improvement") of the designated rights-of-way, except as set forth in subsection a.2., below.
2.
Excavation or pavement cutting may be approved by the city engineer upon a finding by the city engineer that such excavation or cutting is allowed as an emergency or an exception, as set forth below.
i.
The city engineer shall find that a proposed excavation or pavement cutting be considered an emergency if the proposed excavation it is necessary to repair or replace underground facilities in order to prevent a disruption of services to customers or prevent injury or damage to life or property.
ii.
The city engineer may approve an exception to the prohibition set forth in subsection a.1. above if the city engineer finds that the excavation or cutting is required to provide essential utility services to a property where there are no other reasonable means of providing such services to the property or where the work is mandated by state or federal laws or orders and the excavation cannot be reasonably avoided.
3.
In the event of an excavation permitted by subsection a.2. above, the affected rights-of-way shall be restored in accordance with the trench restoration standards adopted by resolution of the city council, as the same may be amended from time to time.
b.
Notice. Notice of the city council hearing for consideration of the adoption of the prohibition resolution shall be given by (1) the mailing of a written notice to all property owners of property abutting the rights-of-way proposed to be included in the prohibition resolution, as shown in the latest equalized assessment roll, and to all public utility companies, water districts, sewage districts and flood control districts having jurisdiction (collectively, "service providers"), not less than ten days prior to the date of the hearing, not including the day of the hearing; (2) publication of a notice in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing, not including the day of the hearing; and (3) posting of the notice on the City of Novato website, at the city administrative offices and at the city police department.
c.
Form of Notice. The notice shall include: (1) the name of the rights-of-way proposed to be included in the prohibition resolution; (2) the anticipated date of commencement of the pavement improvement project; (3) a statement that excavation and pavement cutting shall be prohibited for a period of five years from the date of recordation of a certificate of completion of the pavement improvement project; (4) statement as to the necessity of abutting property owners and service providers to complete all anticipated excavation and pavement cutting prior to the date of commencement of the pavement improvement project; and (5) the date, time and place of the public hearing at which the city council will hear objections to the proposed prohibition of excavation.
d.
Hearing. The city council shall hold a public hearing to consider the adoption of the prohibition resolution at the time, date and place specified in the notice. The city council, shall at the hearing receive and consider objections from property owners and others having a valid interest in the proposed prohibition of excavation. All protests must be presented in writing. The city council may continue the hearing to another date and hour if it so desires. The hearing shall be held not less than 180 days prior to the proposed date for commencement of work on the pavement improvement project.
e.
Action by City Council. At the conclusion of the public hearing, the city council may, overrule any or all protests and adopt the prohibition resolution declaring the prohibition of excavation within the designated rights-of-way for a period of five years as set forth in subsection a.1. above.
f.
Project Posting. The city shall post on the City of Novato website a list and map of the designated rights-of-way together with the date of completion for each pavement improvement project.
(Ord. No. 186, § 54; Ord. No. 989, § 1)
(Ord. No. 1579, § 1, 6-18-2013)
15-2.55 Appeal. Any applicant under this section who may be dissatisfied with the action of the city engineer on his application may, within five days after notification of such action, file an appeal with the city council by written notice to the city clerk and within such period the council may, on its own motion, direct that the city engineer's action be referred to it for review. The city council after considering the action of the city engineer and hearing the appeal or referral shall approve, modify or overrule the action. The decision of the city council shall be final.
(Ord. No. 186, § 55; Ord. No. 989, § 1)
15-2.56 Penalties. Any person, firm or corporation, or agent or employee thereof, who does any act not in conformance with the requirements of this ordinance shall be guilty of an infraction. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by such person, firm or corporation.
(Ord. No. 186, § 56; Ord. No. 961, § 13)