Chapter 12.04



STREETS AND SIDEWALKS GENERALLY

12.04.010 Director of public works-Powers and duties.
12.04.020 Trees and hedges affecting traffic.
12.04.030 Injuring or flooding street or alley.
12.04.040 Dangerous holes and obstructions.
12.04.050 Erection of utility poles on streets.
12.04.060 Spite fences.
12.04.070 Drive-over permit-Application-Fee.
12.04.080 Warning lights and barricades-Fees.


12.04.010 Director of public works-Powers and duties.


A. The director of public works rather than the street and field services administrator shall perform the duties and exercise the authority vested in the street and field services administrator by Sections 12.04.020, 12.08.040, 12.08.050, 12.08.050, 12.08.060, 12.08.090, 12.08.120, 12.08.130, 12.08.150 and 12.08.160, inclusive, 12.16.010, 12.16.020, 12.16.040, 12.16.060, 12.16.070, 12.16.100, 12.16.100, 12.16.120 through 12.16.160, inclusive, 12.20.020 through 12.20.070, inclusive, 12.08.170 through 12.08.210, inclusive, 15.04.060, 15.04.080, 15.04.180, 15.04.190, 15.04.210, 15.04.220 and 15.04.240 through 15.04.260, inclusive, of this code.

B. The director of public works rather than the city engineer shall perform the duties and exercise the authority vested in the city engineer by Sections 12.08.050, 12.16.150, 12.20.050, 12.28.040, 12.28.050, 12.28.080 through 12.28.100, inclusive, 12.08.010 and 12.24.040 of this code.

C. The director of public works rather than the director of parks, recreation and community services shall perform the duties and exercise the authority vested in the director of parks, recreation and community services by Section 15.04.050 of this code.

D. If in the opinion of the director of public works, the nature of the work regulated by this chapter is such that it might create a risk of injury to persons or damage to property, the director of public works shall, before issuing any permit, require that the applicant for a permit file a certificate showing that the applicant is insured against claims for personal injury and property damage which may arise from or out of the performance of the work, whether such performance be by himself or herself, the applicant's subcontractor or any person directly or indirectly employed by the applicant; the amount of such insurance shall be prescribed by the director of public works in accordance with the nature of the risks involved. Any such insurance shall include the city as an additional insured in the amounts designated by the director of public works. (Prior code º 26-1)

12.04.020 Trees and hedges affecting traffic.


Every owner, occupant or person having the control or care of any lot or premises in the city shall be required to trim any tree, bush or hedge upon such premises or upon the sidewalk in front of such premises, the branches of which interfere with or obstruct persons or vehicles passing along any public sidewalk, street or alley, and whenever any trees, bushes, weeds or hedges are in a condition to interfere with or obstruct persons passing along any public street or alley, it is unlawful for the owner or person having charge or control of the premises upon or in front of which such trees, bushes or hedges are growing, to fail or refuse to trim the same within five days after service of notice by the street and field services administrator so to do. (Prior code º 26-2)

12.04.030 Injuring or flooding street or alley.


No person shall wilfully or negligently drain, divert or in any manner permit water from any swimming pool, automobile wash rack or air-conditioning system to flow upon or saturate by seepage any street or alley in the city, which act tends to damage such street or alley or tends to be a hazard to traffic thereon. (Prior code º 26-2.1)

12.04.040 Dangerous holes and obstructions.


A. The owner, occupant or person having the control or care of any lot or premises fronting upon any public street, lane or alley in the city shall keep the sidewalk immediately in front of such property and the space between the curb line and the property line of such property free from all holes or obstructions dangerous to life or limb, except such holes or obstructions as may have been caused by parkway trees or city-owned vehicles.

B. Exception. This section shall not apply to holes or excavations caused or made by any person having a franchise or permit for the erection of poles, the laying of pipes and work of a similar character. (Prior code ºº 26-3, 26-4)

12.04.050 Erection of utility poles on streets.


A. No person or utility shall hereafter erect, construct or place any telegraph, telephone, electric power or other utility pole or other overhead utility facility other than a streetlight or traffic signal pole, in, on or upon any street or any utility easement, within the boundaries of the Glendale redevelopment project area, and no person or utility shall hereafter substantially expand or enlarge any existing, overhead utility facility within such boundaries, whether pole, line, transformer, or other utility appliances or appurtenances thereto, or the capacity of such overhead utility facility, unless or until such person or utility has first sought and obtained the express permission of the city manager. Provided, however, that these provisions will not apply to reconstruction, maintenance or replacement of existing utility facilities, or appliances, or appurtenances thereto.

B. Nothing contained in this section shall be interpreted in such manner as to prohibit or otherwise limit the otherwise lawful construction or placement of such new or expanded utility lines, cables, conduits, circuits, transformers, switches or other utility appliances, attachments or appurtenances thereto underground in the Glendale redevelopment project area in the manner and locations elsewhere prescribed and permitted by law.

C. Nothing contained in this section shall be interpreted in such manner as to eliminate or otherwise diminish any existing contractual or constitutional right of any person or utility heretofore granted either by this city or the state of California to use public streets for public utility purposes, except to the extent a charter city may lawfully govern the location and placement of utility facilities within or upon its public streets.

D. It is the intent and purpose of this section:

1. To cause the eventual conversion and transition of all overhead utility facilities within the boundaries of the Glendale redevelopment project area to underground utility facilities; and

2. To give council the opportunity to consider the advisability and feasibility of invoking the provisions of Chapter 13.52 of this code regarding the formation of an underground utility district in the vicinity of the proposed utility project. (Prior code º 26-5)

12.04.060 Spite fences.


A. No person shall maliciously construct, erect, build, plant, cultivate or maintain any fence or wall or any hedge or similar growth unnecessarily for the purpose of annoying the owners or occupants of adjoining or neighboring property.

B. The malicious erection, maintenance or construction of spite fences in violation of any provision of this chapter is found to be of a disrupting nature to the entire community in that such fences cause disruptions among residents of the local neighborhood, tend to cause a decrease in property values, tend to cause valued residents of a community to relocate, and tend to incite crime and violence between neighbors, all of which endangers the comfort, repose or peace of the residents in the area. Therefore, as an additional remedy to misdemeanor prosecution as provided in Chapter 1.20 of this code, all spite fences which are placed or which exist in violation of the provisions of this chapter shall be deemed, and are declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Prior code ºº 26-5.1, 26-5.2)

12.04.070 Drive-over permit-Application-Fee.


No person may drive a vehicle over, on or across a curb or sidewalk at any location in the city, except at a driveway, without first filing an application with the director of public works to drive over such curb or sidewalk. The application shall state the name of the person or firm desiring permission, with address and phone number, and the location by street address or lot number where the driving over will take place. Upon the filing of the application and the payment of a three-dollar permit fee the director of public works shall issue a drive-over permit good for a period not to exceed sixty days unless the director of public works shall determine that such issuance would be unsafe or would violate any law of the city or state. If the curb, sidewalk or any other improvements in place are damaged by vehicles driving over them, the director of public works shall notify the permittee in writing of the damage and the nature and extent of repairs that will be required. If the required repairs are not made within thirty days after the mailing of the notice to do so, the director of public works may order the repairs made and bill the owner of the property in front of which the repair is made for the cost thereof. If the bill is not paid within a period of sixty days, or arrangements made satisfactory to the director of public works, the cost of the repairs, plus the cost of collection, may be recovered by civil action in the courts, and until paid the director of public works may not issue to the person in default a subsequent permit. (Prior code º 26-6)

12.04.080 Warning lights and barricades-Fees.


A. Whenever an emergency situation arises on a city street that dictates the placement of warning lights or barricades or both for the protection of the public from a hazard created by work done or acts performed by private persons on or near such street, with or without permit, or by reason of the condition of their property which presents an imminent danger to the travelling public, the street and field services administrator shall place barricades and warning lights in such locations and in such quantity as in his or her judgment will best protect the public from the hazard so created.

B. The street and field services administrator shall inform the director of finance and administrative services of the placement of such warning devices with a brief account of the circumstances and the names of the person or persons responsible for the creation or continuance of the hazard and the director of finance and administrative services shall collect from such person or persons fees for such placement in accordance with the schedule of charges, set out in subsection C of this section.

C. The minimum fee for the placement of barricades or warning lights or both shall be ten dollars per day and shall cover the placement of not to exceed ten barricades or lights or a combination of barricades and lights. An additional charge of one dollar per barricade or light per day shall be made for every additional warning device in excess of ten. Such fees shall continue for each day of maintenance of the barricades or lights until the responsible person or persons causes substitutes of his or her own to be placed or until the hazard is eliminated, whichever first occurs. The fees provided for in this chapter shall constitute a civil debt owing to the city. (Prior code ºº 26-6.1, 26-6.2, 26-6.3)