Atascadero Municipal Code Art. 3 Work Requirements: Safety, Inspection and Liability

In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices including, but not limited to, lights, barricades, signs, flags and watchmen, as are necessary to protect the public and as approved by the Engineer or designee. Any omission on the part of the Engineer to specify in the permit what safety devices shall be provided by, or preventative action required of, the permittee shall not excuse the permittee from complying with all laws, regulations and ordinances relating to the protection of persons or property under the circumstances. If the Engineer finds that suitable safeguards are not being provided, he or she may, immediately and without notice, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee in accordance with the schedule of charges as adopted by the city council.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a public place, right-of-way or street shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons, and at not less than 50 foot intervals along the excavation or obstruction, from one-half (½) hour before sunset of each day to one-half (½) hour after sunrise the next day, until the work is completed and the public place, right-of-way or street is made safe for use.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

All safety devices and construction practices shall conform to the requirements of the Manual of Traffic Controls for Construction and Maintenance Work Zones issued by the California Department of Transportation and the California Vehicle Code, so far as such manuals and codes are applicable.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

During the progress of the work and upon completion, the permittee shall call for City inspections at the times required by the permit under which the work is undertaken. The Engineer may revoke a permit upon the failure of the permittee to call for inspections as required by the permit and may require supplemental tests if the City inspector is not notified at the proper times.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

If in the sole judgment of the Engineer it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the Engineer shall assign an inspector and the permittee shall reimburse the City for the cost of said inspector in accordance with the schedule of charges as adopted by the City Council as that schedule of fees may be amended from time to time.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

No person shall obstruct the Engineer or designee from making any inspection authorized by this chapter or in taking any sample or in making any test, or attempt to mislead or falsify the work or make misleading statements regarding the work being done subject to a permit authorized by this chapter.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

The permittee shall investigate and be aware of all existing facilities lawfully within the public place, right-of-way or street which are within the boundaries of his or her permitted activity. The permittee shall not interfere with any existing public or private facility without the consent of the City in the case of a public facility or the owner of a private facility. If it becomes necessary to relocate an existing facility, relocation shall be done by permittee under City direction, at permittee's cost, if the facility is a public one, or by the owner or the permittee to the satisfaction of the owner if the facility is private. The cost of moving any facility shall be borne by the permittee unless he or she makes other arrangements with the City or private owner of the facility, as the case may be, or unless the owner of a private facility is required by his or her franchise or agreement to move his or her facility without cost.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

The permittee shall support and protect all landscaping, trees and other facilities, including but not limited to structures, wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground. If such landscaping, trees or facilities are (1) on adjoining private property the method of protection shall be one satisfactory to the owner of such improvements and the Engineer, and (2) on a public place, right-of-way or street the method of protection shall be one satisfactory to the Engineer. The owner of private property has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of the landscaping, trees or other facilities (public or private) should be damaged, they may be repaired by the private owner or the City at the expense of the permittee or, if authorized by the owner or the City, as the case may be, may be repaired by the permittee under the supervision of the owner or the City, as the case may be. All expense of repairs to any damaged facilities shall be borne by the permittee. In meeting the conditions of this section, the permittee or any other person shall comply with all provisions of the City's Tree Ordinance, as amended from time to time.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

No permittee shall interfere in any manner whatsoever with any property, any public utility otherwise governed by City, State or Federal statute, any facility owned by the Atascadero Mutual Water Company, or with any tree which is governed by the Tree Removal and Tree Relocation Ordinance.

(Ord. 438 § 4, 2004: Municipal Code Sections 9-11.001, et seq.)

When the location or position of an encroachment impairs visibility to vehicular traffic, the Engineer may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the State, or the Engineer may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a street. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.

(Ord. 332 § 2, 1997; Ord. 438 § 4, 2004)

The permittee shall maintain adequate public liability insurance, including, but not limited to motor vehicle insurance, to protect him or her and the City from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations is done by the applicant or by any agent or any-one directly or indirectly employed by him or her or his or her agent. The City shall be named as an additional insured and the policy shall be issued by a company authorized to do business in the State. The amount of insurance shall be as prescribed by the City by a resolution adopted by the City Council. In the absence of such a resolution, the minimum liability shall be determined by the Engineer. This section shall not apply to any work done by utility companies or by the Atascadero Mutual Water Company by their own employees. However, if a utility company or the Atascadero Mutual Water Company uses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with this section or the utility company must provide evidence that its own insurance policy cover the contractor and the City.

(Ord. 332 §2, 1997; Ord. 438 § 4, 2004)