Title 12

STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.04 Curbs and Gutters

12.08 Underground Utility Districts

12.12 House Numbers

12.16 Snow Removal

12.20 Banners

Chapter 12.04

CURBS AND GUTTERS

Sections:

12.04.010 Findings and declarations.

12.04.020 Required with building construction or major improvements.

12.04.030 Final approval and utility connections denied for noncompliance.

12.04.040 Inadequate drainage facilities.

12.04.050 Effect on previously started construction.

12.04.060 Variance.

12.04.010 Findings and declarations. The existence of unimproved curbs and gutters adjoining dwellings and buildings within the city is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the city.

12.04.020 Required with building construction or major improvements. A. Any person who constructs or causes to be constructed any building or dwelling or nonbuilding improvement on an undeveloped lot or causes any major building improvements adding any structure or portion of a structure over one hundred ten square feet on any land fronting on any dedicated street in the city shall construct curbs and gutters and sidewalks in accordance with city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs and gutters already exist provided, however, that, in areas not subdivided or parceled into lots of three—quarter acre or less, such curbs and gutters need not extend a greater distance than forty foot of each side of the driveway.

B. Whether or not adequate curbs and gutters already exist shall be determined in each instance by the building inspector of the city, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

C. The requirement for sidewalks shall apply to streets where the public works department has determined adequate right-of-way exists or the addition of sidewalks will not have an adverse impact on traffic.

12.04.030 Final approval and utility connections denied for noncompliance. The building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any building or dwelling regulated by this chapter unless curbs, gutters and sidewalks, where required by this chapter, exist or are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of said improvements, as determined by the building inspector, and providing for such construction within ninety days.

12.04.040 Inadequate drainage facilities. When the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the building inspector may require that only portions of the required work be done.

12.04.050 Effect on previously started construction. The regulations prescribed in Sections 12.04.020 and 12.04.030 shall not apply to any building or dwelling the construction of which began prior to the effective date of the ordinance codified in this chapter.

12.04.060 Variance. A. Variance from the application of this chapter may be granted by the city council upon the findings of the planning commission of the city that variance from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where, due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

B. Written application for variance may be submitted to the planning commission, which shall render its decision on such application within thirty—five days following receipt of such application. Failure of the planning commission to render its decision within the said period shall be deemed to be a denial of the application for variance.

Chapter 12.08

UNDERGROUND UTILITY DISTRICTS

Sections:

12.08.010 Definitions.

12.08.020 Public hearing.

12.08.030 Initiation of proceedings.

12.08.040 Petition for proceedings.

12.08.050 Resolution of intention.

12.08.060 Designation by resolution.

12.08.070 Unlawful to maintain overhead facilities after certain date——Exception.

12.08.080 Exceptions——Emergency or unusual circumstances.

12.08.090 Exceptions——Certain types of facilities.

12.08.100 Notice to property owners and utility companies.

12.08.110 Responsibility of utility companies.

12.08.120 Responsibility of property owners.

12.08.130 Responsibility of city.

12.08.140 Extension of time.

12.08.150 Penalty for violation.

12.08.010 Definitions. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. “Commission” means the Public Utilities Commission of the state of California.

B. “District” or “underground utility district” means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 12.08.060.

C. “Person” means and includes individuals, firms, corporations, partnerships and their agents and employees.

D. “Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and use or useful in supplying electric, communication or similar or associated service.

E. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

12.08.020 Public hearing. The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

12.08.030 Initiation of proceedings. Proceedings for a conversion shall be initiated by either a petition or a determination of the legislative body.

A. In order to initiate the proceedings, a petition shall:

1. Describe the proposed assessment district, as provided in Section 5181 of the Streets and Highways Code of the state of California;

2. Generally describe the proposed conversion;

3. Request that proceedings for such conversion be taken pursuant to Division 7 of the Streets and Highways Code.

B. In order to initiate the proceedings, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users’ connections to underground electric or communications facilities.

12.08.040 Petition for proceedings. A petition for proceedings for conversion shall be signed by not fewer than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one—half of the area of all the assessable lands within the proposed assessment district.

12.08.050 Resolution of intention. Upon presentation of the petition and certificate of sufficiency or upon a determination pursuant to subsection B of Section 12.08.030 and subdivisions (a) and (b) of Section 5896.5 of the Streets and Highways Code, the city council may adopt a resolution declaring its intention to order the conversion. Cord.

12.08.060 Designation by resolution. If, after any public hearing provided for in Section 12.08.020, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council, by resolution, shall declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

12.08.070 Unlawful to maintain overhead facilities after certain date——Exception. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in Section 12.08.060, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 12.08.120, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

12.08.080 Exceptions——Emergency or unusal circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without, authority of the director of public works in order to provide emergency service. The director of public works may grant special permission, on such terms as the director of public works may deem appropriate. In cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

12.08.090 Exceptions——Certain types of facilities. This chapter and any resolution adopted pursuant to Section 12.08.060, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city administrator;

B. Poles or electroliers used exclusively for street lighting;

C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

F. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;

G. Equipment appurtenant to underground facilities, such as surface—mounted transformers, pedestal—mounted terminal boxes and meter cabinets and concealed ducts;

H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

12.08.100 Notice to property owners and utility companies. Within ten days after the effective date of a resolution adopted pursuant to Section 12.08.060, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.08.060, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and the affected utilities.

12.08.110 Responsibility of utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.08.060, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

12.08.120 Responsibility of property owners. A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 12.08.110 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

B. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 12.08.060, the city administrator shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

C. The notice given by the city administrator to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that, if said work is not completed within thirty days after receipt of such notice, the city administrator will provide such required underground facilities, but only provided that the owner executes a written request therefor and files the same with the clerk, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

D. If, upon the expiration of the thirty-day period, the said required underground facilities have not been provided, the city administrator shall forthwith proceed to do the work, but only provided that the owner executes a written request therefor and files the same with the clerk, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city administrator, in lieu of providing the required underground facilities, shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city administrator, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

E. The city administrator, forthwith upon the time for hearing such protests having been fixed, shall give a notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, in the manner provided by this chapter for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

F. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

G. If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city administrator, and the city administrator is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six percent per year.

12.08.130 Responsibility of city. The city shall remove, at its own expense, all city—owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 12.08.060.

12.08.140 Extension of time. In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.08.060 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

12.08.150 Penalty for violation. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.

Chapter 12.12

HOUSE NUMBERS

Sections:

12.12.010 Purpose.

12.12.020 System adopted.

12.12.030 Legal description of property not affected.

12.12.040 Administration of system.

12.12.050 Base lines.

12.12.060 Maps--Made part of chapter.

12.12.070 Maps——Contents.

12.12.080 Street names.

12.12.090 Numbers——Assignment.

12.12.100 Numbers—-Display.

12.12.110 Penalty for violation.

12.12.010 Purpose. The city council finds that the public interest, safety, welfare and convenience require the establishment of a numbering system of street and road addresses in a uniform plan for the city. For the accomplishment of this objective, the city council establishes a uniform numbering system of Street and road addresses for the city which shall be known as the property numbering system.

12.12.020 System adopted. This property numbering system is adopted as a precise plan pursuant to the general plan for the city.

12.12.030 Legal description of property not affected. The adoption of the property numbering system codified in this chapter shall in no way affect the legal description of property by lot and block numbers or by metes and bounds.

12.12.040 Administration of system. The system shall be continued, enforced, operated and maintained within the incorporated limits of the city by the office, person or department designated by resolution of the city council, and property numbers assigned within such area shall be done in accordance with the system.

12.12.050 Base lines. The property numbering system shall consist of base lines from which property numbers shall be established, with the property numbers to progress in an increasing magnitude generally in accordance with the distance from such base lines.

12.12.060 Maps—-Made part of chapter. The map or maps referred to in this chapter are made a part of this chapter. Those maps, and all notations, references and other information shown thereon, shall be as much a part of this chapter as if fully set forth in this section.

12.12.070 Maps--Contents. The property numbering system shall consist of a map or maps, adopted under Section 12.12.060, upon which map or maps the base lines shall be shown or designated and by index lines indicating the principal locations at which major units of the numbering system shall commence, and upon which shall be designated the numbers and location of numbers assigned to particular buildings and lands under the system. Such map or maps constituting any part of such system shall have a legend endorsed thereon indicating that the map or maps constitute a portion of the property numbering system.

12.12.080 Street names. A. No street or road crossing any of the base lines of the system shall be known by the same name on both sides of the base line, unless the street or road is adequately designated by a prefix or suffix indicating a principal compass direction to denote the position of the street or road in relation to the base line (i.e., West First Street, East First Street; Wood Road North, Wood Road South).

B. From and after the effective date of the ordinance codified in this chapter, any public road, Street or way established, or any of same offered in dedication for public use, or any private street or roadway established, shall be named in accordance with the following:

1. All streets, roads and ways running generally northerly and southerly shall be known as “streets” or “roads”;

2. All streets, roads and ways running generally easterly and westerly shall be known as “avenues” or “ways”;

3. All streets, roads and ways running in a variable, curving or winding direction shall be known as “drives” or “lanes”;

4. All-cul—de—sac or dead ends, not a continuation of any of the above, shall be known as “courts” or “places”;

5. Major arterial routes through the city may be known as “boulevards,” “parkways,” “freeways” or “throughways.”

C. All streets, roads and ways shall be known by the same name for their entire length; and, where a street, road or way changes direction by ninety degrees or a lesser angle, each direction shall be known by a different name, provided that where such street exists on the effective date of the ordinance codified in this chapter, such name may continue to exist provided there shall be no further extension of the street, road or way.

12.12.090 Numbers-—Assignment. For purposes of determining the proper number for a particular location, the number shall be proportional to the distance between the numbers next adjacent to the location on either side, or from the base or index line or lines if no numbers have been previously established on adjoining properties. For purposes of determining whether a number shall be odd or even, it is determined that odd numbers shall be on the right-hand side of the street or road and even numbers on the left—hand side of the street or road in the direction of increasing magnitude of numbers.

12.12.100 Numbers——Display. The office, person or department designated to enforce, establish, continue, operate and maintain the numbering system shall give notice to the occupants or owners of land or buildings which are assigned or reassigned numbers under this system, which notice shall contain the new number assigned to a particular building or parcel of land, and the date on which the new number shall become effective. Within ten days of such effective date of notice of number assigned or reassigned, the occupant/s or owner/s of the property or building shall cause the number to be displayed upon the building or land in such a manner as to be visible from the street or road upon which the land or building fronts, and shall remove or obscure from public view any old or previous number not in accordance with the system, provided that, in areas where buildings are removed a considerable distance from any public street or road, or where rural free delivery of mail is provided, the number may be displayed upon receptacles designed for the delivery of mail. Nothing contained in this section shall be construed to prohibit the display of a proper number in accordance with the system upon any roadway or driveway leading to buildings removed a substantial distance from the public road or street upon which the subject site abuts.

12.12.110 Penalty for violation. Any person violating any of the provisions of this chapter is guilty of an infraction. Every violation is punishable by a fine not exceeding one hundred dollars for a first violation; and a fine not exceeding two hundred fifty dollars for a second violation of the same section within one year.

Chapter 12.16

SNOW REMOVAL

Sections:

12.16.010 Purpose.

12.16.020 Depositing of snow and ice restricted.

12.16.030 Maintenance of safe distance from snow removal and/or heavy equipment.

12.16.040 Vehicle owner responsibility for repair of damages.

12.16.010 Purpose. The purpose of this chapter is to establish regulations that will provide for the most safe and efficient removal of snow from city rights—of-way in order to protect the health, safety and welfare of the community as a whole.

12.16.020 Depositing of snow and ice restricted. No person shall deposit, or cause to be deposited, any snow and/or ice from any commercial parking area onto any publicly maintained sidewalk or roadway.

Any person violating any provision of this section shall be punishable as described in Section 10.03.030.

12.16.030 Maintenance of safe distance from snow removal and/or heavy equipment. All motorists within the street right—of-way shall maintain a distance of at least one hundred feet from any piece of snow removal or other heavy equipment upon which has been posted a warning, in lettering a minimum of two inches in size, which reads:

Danger —— Frequent Stopping

And/or Backing Up

Stay Back 100 Feet

Any person violating any provision of this section shall be punishable as described in Section 10.08.080.

12.16.040 Vehicle owner responsibility for repair of damages. The owner of any vehicle left parked in the street right—of—way during snow removal operations shall be responsible for any repairs to that vehicle that is damaged by way of reasonable operation of any snow removal equipment.

Chapter 12.20

BANNERS

Sections:

12.20.010 Definitions.

12.20.020 Permit required—-Application.

12.20.030 Permit regulations.

12.20.010 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Banner” means any cloth or bunting attached to poles or otherwise suspended in the air for the purpose of calling public attention to a place or event.

“Director of public works” means the director of public works of the city.

“Person” means any person, firm, corporation, institution or governmental agency.

“Permittee” means any person, firm, corporation, institution or governmental agency to which a permit or permission is given.

“Street” means any right—of—way or easement for street, road, alley, highway, lane, court or other public access purposes to which title is vested in the city.

12.20.020 Permit required——Application. A. It is unlawful for any person to erect or install a banner extending over, along, or across any street without first obtaining a permit therefore, or to maintain the same without such permit or in violation of the terms or conditions of such permit.

B. Such permit shall be issued by the director of public works only upon a written application therefore. Application forms shall be furnished by the city and shall specify the following:

1. The name and address of the applicant;

2. The location, dimensions and purpose of the proposed banner;

3. A facsimile of the proposed banner, including any legend or written matter;

4. The proposed date and time when the banner is proposed to be erected or installed and removed; and

5. Such other information as the director of public works may require.

12.20.030 Permit regulations. The following regulations shall be applicable to permits issued pursuant to the provisions of this chapter:

A. Permits shall be issued only to civic organizations or public agencies, for the purpose of bringing to the attention of the public, events which are of a general public interest such as parades, fairs and community celebrations. No permit shall be issued to further political or commercial events.

B. No permit shall be issued for a period in excess of forty days.

C. An applicant shall submit proof of public liability and property damage insurance to the director of public works in an amount not less than one million dollars liability, an amount not less than two hundred fifty thousand dollars for property damage, and an amount not less than five hundred thousand dollars for single incident.

D. The permittee shall remove the banner for which a permit has been issued pursuant to the provisions of this chapter and restore the street to its condition prior to the erection or installation of the banner upon the expiration of the permit. If any permittee fails to remove the banner so erected or installed or fails to restore the street to its original condition upon the expiration of the permit therefore, the director of public works shall have the right to perform the work and to collect from the permittee the cost thereof.