Atascadero Municipal Code Art. 4 Requirements: Performance of Work

Every permit issued under this chapter for activity or work in, along, on, over, across or under the street shall be granted subject to the right of the City or any other person entitled thereto, to use that part of such public place, right-of-way or street for any purpose for which such public place, right-of-way or street may lawfully be used. Proof of the applicant's right to use the public place, right-of-way or street for the purposes set forth in the application shall be filed with the Engineer.

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

Each application for a permit shall include, and each permit issued pursuant to this chapter shall, as appropriate, require, a design which shall:

(a) Accommodate a 25 year design storm;

(b) Control erosion and sedimentation;

(c) Preclude safety hazards, including but not limited to design for appropriate construction along and adjacent to the proposed project to preclude safety hazards; provided, however, the Engineer shall have the discretion to permit variations to the design of the project for which a permit is to be issued as site conditions warrant.

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

All work, including that following revisions or that built according to the plans and specifications referred to in the permit, shall be performed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings and, in addition, to any special requirements or specifications which are made a part of the permit. In case of conflict between two specifications, the stricter specification shall apply.

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

All work shall be performed in accordance with the plans approved by the Engineer, as they may be amended from time to time. No work which is not consistent with the approved plans shall be approved up-on final or intermediate inspection. All plans submitted as a part of the application for a permit pursuant to this chapter shall be signed by a California registered civil engineer and any changes made to said plans must be signed by the design engineer prior to submittal to the City for final approval.

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

(a) After work is commenced, the permittee shall prosecute with diligence all work covered by the permit. The permittee shall promptly complete such work and restore the site to satisfactory condition so as not to obstruct the public place, right-of-way or street or private property or public travel more than is reasonably necessary.

(b) If the work subject to permit pursuant to this chapter is not completed in a reasonable and diligent manner the Department shall notify the permittee to complete the same within a specified period of time. If the work is not completed within that time, the Department shall have full power to do the work or may contract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the permittee. If the permittee has no deposit or other security, the permittee will pay the City directly for the work performed.

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

Each permittee shall conduct and carry out encroachment work in such a manner as to avoid unnecessary inconvenience and annoyance to the public and occupants of neighboring property. In the performance or the work, the permittee shall take appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly debris. The permittee shall be liable and shall hold City harmless from any liability or damages occurring to persons or public or private property, real or personal, by reason of work done by the permittee pursuant to a permit issued pursuant to this chapter.

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

No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except upon authorization by the Engineer. The permittee seeking changes to the design or specifications of the work permitted shall submit his or her request for the change, in writing, signed by his or her design engineer.

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

Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way or street, including bridges and any other structure thereon, by replacing, repairing or rebuilding it in accordance with the specifications or any special requirement included in the permit, but not less than to its original condition before the encroachment work was commenced and in all cases in good riding quality. The permittee shall remove all obstructions, materials and debris upon the right-of-way and street, and shall do any other work necessary to restore the right-of-way and street to a safe and usable condition, as directed by the Engineer. Where excavation occurs within areas already paved, the Engineer may require temporary paving to be installed within four hours after the excavation area is backfilled. In the event that the permittee fails to act promptly to restore the right-of-way and/or street as provided in this section, or should the nature of any damage to the right-of-way or street require restoration before the permittee can be notified or can respond to notification, the Engineer may, at his or her option, make the necessary restorations and the permittee shall reimburse the City in accordance with the schedule of charges as adopted by the City Council.

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

Unless otherwise determined by the Engineer, where the pavement or surface has been removed, the permittee shall replace it to a thickness of no less than three inches or match the surrounding pavement thickness, whichever is greater or surface, and in no event, to a thickness less than that set forth in the approved plans filed for the permit; the base course removed shall be replaced to a thickness of two inches greater than that of the surrounding base course. Class 2 base backfill shall be used in any case where a trench width is less than 24 inches or the total depth of the excavation is less than two feet.

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

When a street surface has been treated with a seal or slurry prior to work under permit, the seal and/or slurry shall be replaced upon the portion repaired, unless otherwise determined by the Engineer.

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

When an existing encroachment is removed and not replaced, the entire encroachment shall be removed from the public place, or right-of-way or street and any disturbed surface or hole left after the removal shall be backfilled, compacted and restored to good or better condition, with a ridable surface where appropriate, unless the Engineer permits otherwise.

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

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the public or unreasonably interfere with, or cause inconvenience to, the occupants of adjoining property. At no time shall a street be temporarily closed or the use thereof be denied to the public, except by permission of the City Council or in the event the Council is unable to act in the time required by law, by the Engineer or designee.

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

Every person owning, using, controlling or having an interest in any pipe, conduit, duct, tunnel, or other such similar structure under the surface of any right-of-way or street for supplying or conveying gas, electricity, communication facilities, waters, steam, ammonia or oil, or for any other purpose, shall file in the office of the Engineer within 60 days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one inch to 50 feet showing the complete installation of all such substructures. The same is required on a map showing the location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this section with respect to the public utility which has maps on file in the City. The Atascadero Mutual Water Company is exempt from the requirements of this section.

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

(a) Before commencing any encroachment work authorized by any permit issued pursuant to this chapter, the permittee shall notify the underground service alert (USA), the City police and the Engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.

(b) Before commencing any encroachment work authorized by any permit issued pursuant to this chapter, where adjoining or abutting private property has access to the public place, right-of-way or street within 100 linear feet of the encroachment work, the permittee may be required to give written notice at least 48 hours prior to commencing any work to the property owner(s) and occupant(s) of the dates and times of the encroachment work and shall post a notice of such impending work in no less than one conspicuous place on either side of the impending work at least 48 hours prior to commencing such work. Such written notice and posted notice shall include the telephone number of the permittee and his or her agent who will perform the work.

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

Unless specified by the Engineer, the permittee shall make proper arrangements for, and bear the cost of, the relocation of any structure, publicly or privately owned facility, tree, or landscaping, where such relocation is made necessary by the proposed work for which a permit is issued. The Engineer may elect to do the necessary relocation at the permittee's expense. The Engineer shall require the permittee to obtain a tree removal permit or tree relocation permit pursuant to Chapter 9.11 of the Municipal Code prior to, or simultaneously with the issuance of the encroachment permit where the proposed work includes or affects a tree governed by said Code.

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

Any encroachment lying in the right-of-way, street or on a public place shall be removed or relocated upon notice from the Engineer that the City is undertaking improvements in the area which necessitate the removal or relocation. Said notice shall specify the time within which the encroachment shall be removed or relocated and the location where the encroachment may be replaced if it is to be relocated. If such City improvements require relocation or removal of an encroachment, the permittee or person who installed such encroachment shall relocate or remove the encroachment at his or her sole expense, except as provided by State statute. The Atascadero Mutual Water Company is exempt from the requirements of this section.

If the permittee fails to comply with the requirements set forth in the notice from the Engineer, the City may relocate the encroachment at the expense of the permittee in accordance with the schedule of charges as adopted by the City Council.

In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this section apply to all permittees, including public agencies and public utilities having authority to occupy City rights-of-way pursuant to a franchise or an express provision of the California Code. However, this section shall not apply to public agencies and public utilities if such improvement is required due to the construction of a State freeway.

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

The Engineer may require that evidence be submitted with the application to satisfy him or her that the proposed encroachment will not create a hazard of any kind.

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

(a) In case any part of a public place, right-of-way or street should not be restored to the conditions required by this chapter or the permit or should develop defects after the completion of the work permitted hereby, for any reason other than natural wear of the surface, the permittee shall immediately proceed to repair and restore the encroachment upon written notice from the Engineer. The repair and restoration shall be to the satisfaction of the Engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of, the Engineer as provided for in this chapter shall not excuse the permittee from its duty and obligation imposed by this section.

(b) When the work was done pursuant to an exception permitted by this chapter, the written notice shall be sent to the person who actually installed the encroachment and it shall be the responsibility of such person to make the repair and restoration.

(c) In case the pavement is not completely restored within the time limits set forth in the Engineer's notice to the responsible person or permittee, the City may do the work at the expense of the delinquent person or permittee and shall bill such person or permittee.

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