Angels Camp Municipal Code Art. II Permits and Fees

It is unlawful for any person, firm, corporation or association, without first obtaining a written permit, to:

A. Encroach or make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the incorporated territory of the city; or

B. Make or cause to be made any alteration of any nature within, upon, over or under such right-of-way; or

C. Construct, put upon, maintain or leave thereon any obstruction or impediment of any nature whatsoever; or

D. Remove, cut or trim trees thereon; or

E. Set a fire thereon; or

F. Place on, over or under such right-of-way any pipeline, conduit or other fixtures; or

G. Move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or width prohibited by law or having other characteristics capable of damaging the right-of-way, or to place any structure, wall, culvert or similar encroachment; or

H. Make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way.

(Ord. 168 § 10, 1967)

No applications will be accepted nor permit issued for constructing or maintaining a loading platform upon a right-of-way, or for erecting, using or maintaining therein or thereon a post, pole, column or structure for support for advertising signs and any such installation is an illegal encroachment.

(Ord. 168 § 11, 1967)

This chapter shall not prevent any person, association, firm or corporation from performing emergency maintenance on any pipe or conduit lawfully on or under any public highway, or from making an emergency use, or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association or corporation making an emergency use or encroachment of a public highway shall apply for a written permit therefor within ten days, commencing with the first business day the city offices open. Any person, firm, association or corporation requiring an emergency use or encroachment shall first notify the road commissioner’s office; during the hours the city offices are closed, notification shall be given the office of the chief of police.

(Ord. 168 § 12, 1967)

The written permits required by this chapter shall be issued by the road commissioner for any lawful use, subject to conditions set forth in this chapter and required by law. The road commissioner shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant’s name and address, the contractor’s name, license number and primary place of business, if the applicant proposes to employ a contractor, together with such detail as in the judgment of the road commissioner is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the director.

(Ord. 168 § 20, 1967)

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, when required by the road commissioner, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on such map, plat, sketch, diagram or similar exhibit and these items will become an integral part of the permit.

(Ord. 168 § 21, 1967)

The applicant shall also enclose with, attach to or add to the application copies of the written order or consent to any work thereunder, required by law, the Public Utilities Commission, sanitary districts, water districts or any other public body having jurisdiction. A permit shall not be issued until and unless such order, or consent, if required, is first obtained and evidence thereof filed with the road commissioner. 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, and shall protect and indemnify the city and all of its officers, agents and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by himself or his agents or employees.

(Ord. 168 § 22, 1967)

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic prohibited by law without a permit is moved on any public right-of-way, a permit to do so must first be granted by the road commissioner.

(Ord. 168 § 23, 1967)

A. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance, unless a different period is stated in the permit. If the work is not commenced within ninety days, or within the time stated in the permit, then the permit shall become void unless, prior to its expiration, the time for commencement has been extended in writing by the road commissioner.

B. A permit for temporary encroachments, as determined by the road commissioner, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from 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 road commissioner mailed thirty days prior to the date of termination.

(Ord. 168 § 24, 1967)

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the road commissioner find that delay in the commencing, prosecuting or completing 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 to its former condition. The permittee shall reimburse the city for all expenses incurred by the road commissioner in restoring the right-of-way, plus fifteen percent as administrative costs.

(Ord. 168 § 25, 1967)

No permit issued pursuant to this chapter is transferable. The person or persons, public agency, firm or corporation actually making and/or maintaining the encroachment shall obtain the permit and furnish the bond.

(Ord. 168 § 26, 1967)

A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle, when movement thereof in a public highway is involved, and the permit must be shown to any authorized representative of the road commissioner or law enforcement officer on demand.

B. A permit issued for continuing 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 road commissioner or law enforcement officer within a reasonable time after demand therefor is made.

(Ord. 168 § 27, 1967)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except on written authorization by the road commissioner, except that 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. 168 § 28, 1967)

A. The schedule of fees will be those recommended by the road commissioner 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 road commissioner, for payment to the treasurer of 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 schedules established and adopted by the city council.

B. Public utilities and political subdivisions may, at the road commissioner’s option, make payment for the charges referred to in subsection A of this section as billed by the city instead of advance deposit as required therein.

(Ord. 168 § 29, 1967)