The provisions of this part shall apply to any encroachment into, upon, under, across, along and through any highway for which a permit is required.
(Added by Ord. 850, adopted 5-12-87)
Any object, excluding highway improvements designed to facilitate travel and drainage, which is erected, constructed, placed, maintained, or abandoned on any highway, whether temporary or permanent, may be considered an encroachment for which a permit is required. Such encroachments shall include, but not be limited to, banners, barricades, bus benches, construction materials or waste, curbs, dumpsters, fences, news racks, overhead structures, poles, posts, signs, trash bins, trees, and walls.
(Added by Ord. 850, adopted 5-12-87)
Any object or facility which is owned or maintained by a government entity, the Downey Unified School District, or a franchisee with a valid franchise from the City, may be exempted from the permit requirements under this part when these facilities are subjected to routine, or extraordinary, maintenance activities. Utility companies, which are required by Section 6296 of the California Public Utilities Code to hold harmless the City, its officers, and its employees, are also exempted. Such facilities shall include, but not be limited to, cables, cathodic protection devices, conduits, directional signs as authorized by Section 4806 of this Code, pipes, poles, posts, street light standards, traffic signal equipment, vaults, ventilation devices, wires, and fire hydrants.
(Added by Ord. 850, adopted 5-12-87)
Subject to the provisions of Sections 4800, et seq., of this Code, landscaping may be maintained in any residential parkway area subject to the provisions of this section. Upon the finding of the Director of Public Works, or the Chief of Police, that such landscaping constitutes an appreciable obstruction, or hazard, to pedestrian, or vehicular traffic, the same shall be trimmed, modified, or removed as required by the Director of Public Works. All such landscaping shall be maintained in a good condition by the owner, or occupant, of the adjacent property.
In the event any landscaping is determined to be a hazard by the Director of Public Works, or the Chief of Police, or an obstruction to pedestrian, or vehicular, traffic, and that the only way to remove the obstruction, or hazard, is to eliminate the landscaping, such landscaping shall be removed completely by the owner and at the expense of the owner.
Notices shall be given, hearings shall be held, and the right of removal by the City and the assessment for the costs thereof upon the property owner shall be imposed in the manner and as provided by Sections 5300 through 5310 of this Code.
(Added by Ord. 850, adopted 5-12-87)
"Overhead structure" shall mean any structure extending over the public right-of-way, including signs, banners, marquees, canopies, but excluding such projections from buildings as bay windows, windows, doors, and the like.
(Added by Ord. 850, adopted 5-12-87)
Only those signs, marquees and canopies which are described and permitted by Section 9604 of this Code shall be considered eligible for the issuance of a permit.
(Added by Ord. 850, adopted 5-12-87; amended by Ord. 1237, adopted 10-28-08)
Each overhead structure other than a banner, a canopy, or a marquee shall comply with the following limits:
Allowable Vertical Clearance Above Sidewalk Surface
0′ - 8′
8′ - 10′
10′ - 12′
12′ - 14′
14′ - 16′
Over 16′
Maximum Allowable Projection Beyond Right-of-Way Line
6″
1′ - 0″
2′ - 0″
3′ - 0″
4′ - 0″
5′ - 0″
In no case shall the overhead structure project over the public right-of-way to a point closer than three feet to the face of the existing curb, or existing or proposed vehicle right-of-way line, nor shall it project over the dedicated way for a distance of more than two-thirds of the distance between property line and face of curb or vehicular right-of-way line; provided, however, if the City Engineer, finds that the maximum limits of projection permitted hereunder will interfere with the use of the right-of-way as may be required by public improvement or access, then such projection of such structure shall be limited as specified by the City Engineer. No overhead structure shall be allowed to project into any alley.
Temporary banners or street decorations across the public right-of-way shall be not less than 18 feet above the highest portion of the highway surface over which the banner or street decoration extends.
(Added by Ord. 850, adopted 5-12-87)
Each overhead structure, excluding banners and street decorations, shall be supported by a building or other supporting structure on private property, and it shall comply with the requirements of Chapter 2 of Article III of this Code.
Temporary banners and street decorations shall be supported by poles, posts or steel standards, which are specially designed and fabricated for such purpose, and which may be located within the public right-of-way.
(Added by Ord. 850, adopted 5-12-87)
No canopy, or marquee, shall project over the public right-of-way more than one-half of the street parkway width or to a point closer than three feet to the face of the existing curb or edge of roadway, whichever is less.
(Added by Ord. 850, adopted 5-12-87)
Each canopy, or marquee, shall have a vertical clearance above the sidewalk surface of not less than eight feet at every point. A valance or border, if made of canvas, cloth or similar fabric, shall be not less than seven feet above the sidewalk surface. If the canopy, or marquee, is covered with metal, no portion of the valance, or border, shall be less than seven feet six inches above the sidewalk surface at every point.
(Added by Ord. 850, adopted 5-12-87)
No person shall place, affix, paint, maintain, leave, or abandon any sign, placard, notice, poster, or advertisement, in any street or public right-of-way. Reference is also made to Section 4118 of this Code.
(Added by Ord. 850, adopted 5-12-87)
Notices, placards, posters, or any of the other articles mentioned above, may, however, be erected, placed, or maintained, by any City, or any other public officer, official, or employee while acting within the scope of his or her office, or employment, as such public officer, official, or employee.
(Added by Ord. 850, adopted 5-12-87)
Signs whose primary purpose is to direct traffic to certain facilities shall be permitted and installed in accordance with Section 4806 and Chapter 6 of Article IX of this Code.
(Added by Ord. 850, adopted 5-12-87)
No person shall construct, place, or maintain, any bus bench, or other similar device, upon public property unless a permit therefor has been issued by the City Manager, or his authorized representative, pursuant to the provisions of this section. Upon a written application therefor being made, a written permit may be issued for placing, or maintaining, a bench for the convenience of bus passengers, subject to such terms and conditions as the Council, from time to time, may adopt by resolution.
Any permit so issued may be revoked in the event the permittee fails to comply with the terms and conditions applicable thereto by mailing a notice to the permittee at the address shown in the application, and any and all benches authorized by such permit shall be removed by the permittee at his or her expense on the next succeeding business day following the date of the notice.
Any bench placed, or maintained, upon public property contrary to the provisions of this section hereby is declared to be a public nuisance, and the Director of Public Works, or the Chief of Police, and each of them, hereby is authorized to remove the same.
(Added by Ord. 850, adopted 5-12-87)
The provisions covering the placement and maintenance of Publications Vending Machines shall be those described in Sections 6598 and 6599 of this Code.
(Added by Ord. 850, adopted 5-12-87)
Any installation, permanent or temporary, other than plant material and irrigation systems, in the area of the parkway, which is the area between the property line and the curb face, or future curb face, shall be subject to the standards and permit requirements of the City Engineer.
(Added by Ord. 850, adopted 5-12-87)
The Office of the City Manager may consider the issuance of a permit for sidewalk sales in the public right-of-way under special or unusual circumstances.
(Added by Ord. 850, adopted 5-12-87)
The facilities installed and maintained in the public right-of-way by utility companies include, but are not limited to, poles, standards, wiring, conduits, pipelines, manholes, vaults, junction boxes, ventilation pipes, control boxes, cables, pumps, switchgear, street lights, guy wires and anchors.
(Added by Ord. 850, adopted 5-12-87)
The State of California Public Utilities Commission or a current Franchise Agreement with the City shall govern the installation, or re-installation, of facilities owned and used by any utility company. Such activity may require the issuance of an excavation permit from the City Engineer. The application for a permit shall be accompanied by a map, or plat, which indicates location, depth, extent, type, removal, and abandonment of facilities under the jurisdiction of the utility company. A reference to ownership of valid easements, in which facilities are to be installed, shall be made on the permit application. An approximate period of installation shall also be indicated.
(Added by Ord. 850, adopted 5-12-87)
Any repair of utility facilities above ground may be performed under an annual permit from the City Engineer. Any presence of manpower and equipment within the public right-of-way shall be protected by proper safety procedures as prescribed by the City Engineer. For routine repairs the City Engineer may also control the hours of operation within a roadway. Any damage inflicted onto public facilities by utility company personnel, or equipment, shall be repaired to the satisfaction of the City Engineer. All debris generated by repair activities shall be removed by the utility company personnel, or its contractor. Repairs made to any underground facilities, which require excavation, are governed by Sections 7140, et seq., of this Code.
(Added by Ord. 850, adopted 5-12-87)
The surface transportation of hazardous substances, as defined in Section 7100.14 of this Code, is controlled by Federal and State of California statutes. Underground transportation in pipeline systems shall be governed by current franchise agreements along with requirements indicated in Sections 7140, et seq., of this Code.
(Added by Ord. 850, adopted 5-12-87)
The installation and replacement of underground pipeline systems shall be in accordance with the provisions of an applicable current franchise agreement and with the appropriate requirements of Sections 7140, et seq.. With the application for a permit in writing from the City Engineer, a map, or plat, showing location, depth, type, extent, and purpose of installation shall be furnished. Any debris generated by the installation shall be removed by the applicant, at his expense, upon completion of the work. Any damage done to public facilities by applicant's personnel, or equipment, shall be repaired at applicant's expense, to the satisfaction of the City Engineer.
(Added by Ord. 850, adopted 5-12-87)
The pressure testing of pipeline systems shall be performed at the time of installation, or replacement, or at prescribed intervals, as provided for in the applicable franchise agreement or appropriate Sections 7140, et seq..
(Added by Ord. 850, adopted 5-12-87)
Each applicant for a permit to abandon in place, or remove, any facility, or encroachment, in the right-of-way shall do so under the terms and conditions prescribed in the franchise agreement and in the applicable Sections 7140, et seq.
The permit application shall include a plat, or other suitable means, describing the facility, or encroachment, to be abandoned, or removed, and indicating its exact location and depth.
(Added by Ord. 850, adopted 5-12-87)
An applicant for a permit to place and maintain a dumpster, or trash bin, within the public right-of-way shall apply in advance for a permit. The permit application shall describe the physical dimensions of the dumpster along with its exact location in the roadway, parkway, or alley. The permit application shall also indicate the period of time during which the dumpster is to remain within the public right-of-way.
(Added by Ord. 850, adopted 5-12-87)
Any person who plans to occupy a portion of the public right-of-way for the purpose of storing construction materials, and/or equipment, shall obtain a permit from the City Engineer. In addition to the issuance fee, the applicant may be required to deposit with the City Engineer sufficient funds to cover any cost to repair, or clean, any City facilities along with inspection to verify compliance with permit requirements.
(Added by Ord. 850, adopted 5-12-87)
An application for an encroachment permit shall be made in writing on the form provided by the City Engineer. The general provisions pertaining to permit issuance are described in Sections 7102, et seq., of this Code. The specific requirements connected with the permit issuance are covered on the permit form, and they include, but are not limited to, date of application, job location, applicant's name, address, telephone number and where applicable, state and City license numbers, period of time of the proposed encroachment, type of encroachment, safety measures to be instituted, inspection notification, traffic requirements, fees, deposits, liability insurance carrier, City services required, and standards to be followed. A map, or plat, may be attached to the permit application to more fully describe the location and extent of the proposed encroachment(s).
(Added by Ord. 850, adopted 5-12-87)
If the City Engineer finds that the requirements of the permit are not being complied with, he may revoke the permit upon written notification to the permittee. Where the permit for an encroachment has been revoked, the permittee shall remove the encroachment no later than 30 days from the date of the notification to remove. The permittee shall be responsible for restitution of damage to any public facilities sustained as a result of permittee's encroachment, or removal of encroachment.
(Added by Ord. 850, adopted 5-12-87)
The applicant for a permit shall deposit with the City cashier in advance of permit issuance and validation requisite fees pertaining to the particular encroachment described in the permit application.
(Added by Ord. 850, adopted 5-12-87)
The fee for the issuance of a completed permit application for an encroachment shall be that which is prescribed by the City Council's adoption of a resolution setting forth such a fee. The fee shall not exceed the amount determined by the City Council to be sufficient to defray the cost of handling by the City. In the absence of any such resolution, the issuance fee shall be $10.
(Added by Ord. 850, adopted 5-12-87)
Where required, the applicant for a permit shall pay for the services of an inspector. The inspector shall verify in the field that the requirements specified in the permit are complied with by the permittee. The fees for inspection shall be those which are prescribed by the City Council's adoption of a resolution setting forth such fees. Such fees shall not exceed the amounts determined by the City Council to be sufficient to defray the cost of performing inspection services.
(Added by Ord. 850, adopted 5-12-87)
If the City Engineer finds that City services may be needed in connection with any encroachment into the public right-of-way, he may require the applicant to deposit sufficient funds to defray the cost of such City services. Such City services may include, but not be limited to, inspection outside regular business hours, furnishing and installing warning devices, repair of City facilities, clean-up, removal of encroachment, and the administrative costs associated with any of the above City services.
(Added by Ord. 850, adopted 5-12-87)
The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, or to his assigns.
(Added by Ord. 850, adopted 5-12-87)
If the City Engineer finds that additional City services are required beyond those for which a deposit was made, he shall cause the permittee to be billed for such additional services, and the permittee shall have a reasonable period of time to submit payment. In the absence of payment within a reasonable period of time, the City may enforce collection by legal means. In addition, the City Engineer may elect not to issue further permits to the permittee until payment has been received by the City.
(Added by Ord. 850, adopted 5-12-87)