Clearlake Municipal Code § 8-5 Encroachment Permits

For the purpose of this Chapter, the following words and phrases shall have the meanings ascribed to them in this section. a. CITY STREET shall include all or any part of the entire width of a City street or public right-of-way, whether or not such entire area is actually used for street purposes. b. ENCROACHMENT shall include any curb, gutter, culvert, sidewalk, underground utility, aboveground utility, sewer, pole, pole line, pipe, pipe line, fence, billboard, stand or building or any other structure or object of any kind or character not particularly mentioned in this section, which is placed in, under or over any portion of a City street or property. (Ord. #85, S1)

No person, corporation or legal entity shall place, construct or install in, under or over any City street or City property any encroachment without first securing a permit therefor from the City Engineer in accordance with the rules and regulations governing the issuance of such permits adopted by this section or as from time to time modified, changed or supplemented by resolution of the City Council of the City of Clearlake. Exception: No encroachment permit shall be required for aboveground utility work, pole or pole line when accomplished by, or for, a franchise utility company. (Ord. #85, S2)

The City of Clearlake does hereby adopt and incorporate as if set forth in full the attached revised City of Clearlake Rules and Regulations of Encroachment Permit Issuance marked Exhibit A. These rules and regulations may from time to time be modified, changed, or supplemented by ordinance of the City Council of the City of Clearlake. (Ord. #85, S3; Ord. #51-94, S1; Ord. #53-94, S1; Ord. #101-01(a), S1) Editor’s Note: Exhibit A, referred to herein may be found on file in the office of the City Clerk.

The City Council of the City of Clearlake may from time to time adopt by Resolution, reasonable and nondiscriminatory inspection fees to defray the costs of inspection by the City for work done in, under, on or about any City street, highway, property or right-of-way, whether such work is done pursuant to franchise, statutory authority or otherwise and said fees are intended to be a charge as provided by Section 6103.6 of the Government Code of California. (Ord. #85, S4)

Any person, corporation or entity that violates any provision of this section is guilty of a misdemeanor. (Ord. #85, S5)

a. Permission to excavate or cut in new streets shall not be granted, and no street cut permit shall be issued, for five (5) years after completion of street construction, reconstruction, renovation, or major rehabilitation, including a pavement overlay. Utility companies shall determine alternate methods of making necessary repairs to avoid excavating in new streets. Exceptions to the above are as follows: 1. Emergency which endangers life or property. 2. Interruption of essential utility service. 3. Work that is mandated by City, County, State or Federal legislation. b. In the event an exception is granted by the Department pursuant to subsection (a) of this section, a condition of such street cut permit for excavating or cutting the pavement of a street within such five (5) years after construction, reconstruction or renovation shall be that the permittee reconstruct such street completely rebuilding, by removing all the pavement structure and replacing in kind for a minimum of the full width of all lanes impacted by the cut(s) (outside lane includes to the curb) and extending forty (40') feet longitudinally from the excavation, in each direction, or for longitudinal trenches of varying lengths, the required limits of reconstruction would equal the length of the longitudinal trench plus an additional width to complete the driving lane and forty (40') feet from beginning and end of longitudinal trench or as may be designated by the City Engineer. For recently renovated streets that were sealed or received some other similar surface, nonstructural treatment, the City Engineer may allow the permittee to restore the street to its former condition by resurfacing the street to the same extent as was performed by the City. Alternatively, a permittee may choose to pay the cost equivalent to make such repair as will be estimated by the City Engineer, in lieu of reconstruction of the trench area to be rebuilt pursuant to guidelines herein. All permits which are issued pursuant to this chapter shall be in accordance with the City of Clearlake design and construction standards and as specifically directed by the City

Engineer/designee. Prior to issuing a permit for performing the utility work and replacing the pavement structure the City will determine the existing pavement structure and note it on the permit. c. If an excavation is made smaller than one (1) square foot, the City Engineer may authorize repairs less than full reconstruction and no pavement damage restoration fee will be required to be paid by permittee. This exception does not apply when there is more than one (1) pothole or in other situations where full restoration is deemed necessary by the City Engineer. d. The City will develop and maintain a capital improvement plan (CIP) that identifies all new pavement projects that are planned to be designed and constructed over a five (5) year period. This CIP will be subject to modification by City Council biannually. Utility companies will be encouraged to participate in the development of the City’s CIP and will be expected to share their future construction plans that will affect streets in City rights-of-way. (Ord. #238-2020, S2)

a. Utility Operation and Maintenance. 1. No utility company shall place, maintain, or operate any facility in the public right-of-way unless it holds a valid permit issued by the City. The permit shall specify the location, nature, and scope of the encroachment. 2. Utilities shall be responsible for maintaining their facilities in good repair, ensuring that they do not obstruct or interfere with public use of the right-of-way, including sidewalks, streets, and other infrastructure. All utilities (including but not limited to electric, gas, water, telecommunications, fiber optic, and sewer services) operating in or under the public right-of-way in the City are responsible for the installation, maintenance, and repair of their facilities, including pipes, conduits, valves and valve boxes, wires, cables, poles, manholes, and any other associated infrastructure. b. Utility Repair and Restoration. 1. Whenever a utility causes any damage to the public right-of-way, including roadways, sidewalks, or other public infrastructure, the utility shall be responsible for restoring the area to its original condition or better. 2. The utility must complete all restoration work within a timeframe and to standards determined by the City Engineer, based on the scope of the work and public safety concerns. Failure to restore the right-of-way to an acceptable condition within the approved timeframe will result in the City taking corrective action, with all the costs charged to the utility. c. Excavation and Restoration Standards. 1. Utilities must follow the City’s specific excavation and restoration standards as outlined in the City standards. This includes requirements for trenching, backfilling, surface restoration, compliance with any applicable permit conditions or environmental documents, and compliance with any traffic control measures during construction.

After performing any excavation in the right-of-way, the utility must restore the area to the condition prescribed by the City within a period of no more than ten (10) days, unless an extension is granted by the City due to special circumstances. Temporary resurfacing may be allowed subject to the City Engineer’s discretion, provided the City has approved a schedule for final resurfacing. d. Emergency Repair Procedures. 1. In the event of an emergency where immediate repair to utility infrastructure is necessary for public safety or to restore service, the utility may proceed without prior City approval. However, the utility must notify the City within twenty-four (24) hours of the emergency and submit a report detailing the work completed, as well as any damage caused. 2. The utility is still required to comply with the City’s restoration standards and complete permanent repairs in accordance with City standards and approval of the City Engineer. e. Liability for Damage to Public Property. 1. The utility is liable for any damage caused to public infrastructure as a result of its activities in the right- of-way. This includes damage to road surfaces, curbs, sidewalks, storm drains, trees, signage and traffic signals, and any other improvements within the public right-of-way. 2. The utility is required to indemnify and hold the City harmless for any claims arising from the utility’s operations, including damage to the right-of-way or injury to individuals due to the utility’s actions. f. City’s Right to Perform Repairs. If the utility fails to make repairs or restorations within allowed timeframes as required by this section, the City may perform the work and bill the utility for the costs, including labor, materials, and overhead. g. Inspection of Utility Work. 1. The City reserves the right to inspect all work conducted by utilities in the public right-of-way and review and approve any test results required. Inspections shall be performed at reasonable times, and utilities must provide reasonable notice and access to their facilities as necessary for inspection purposes. 2. If the utility’s work does not meet City standards, the utility will be required to make corrections at its own expense. h. Abandonment of Underground Facilities, Reports, and Maps. 1. Whenever any infrastructure is abandoned in the public right-of-way, the utility owning, using, controlling or having an interest therein, shall, within thirty (30) calendar days after such abandonment, file with the City Engineer a report in writing, giving in detail the location of the infrastructure so abandoned. Each map, set of maps, or plans filed pursuant to the provisions of this section shall show in detail the location of all such infrastructure abandoned subsequent to the filing of the last preceding map, set of maps, or plans.

It shall be unlawful for any person to fail, refuse, or neglect to file any map or set of maps at the time, and in all respects as required by this section. (Ord. #277-2024, S2)

a. Conflict With City Improvements. All underground or above ground utility pipelines, conduits, structures, connections, and ancillary facilities owned by any public or private utility in the public right-of-way which interfere or conflict with City capital improvement projects or street reconstruction or maintenance projects shall be relocated to locations and depths to eliminate such conflicts with the specific City project. Relocations shall be done to engineering standards adopted by the City and state laws and regulations in effect as of the date of notification of the City project. Relocations shall be accomplished within one hundred eighty (180) days of written notice of the City project, or such other period of time reasonably necessary to complete the relocation when such additional time for performance of the relocation is approved by the City Council. This includes the utility owner’s requirement to lower conflicting infrastructure such as valve boxes and manholes to allow repair of the roadway structural section, or grinding and resurfacing operations, and subsequently raising of such infrastructure following street repair/resurfacing. b. Permit Required. All relocation projects required by subsection (a) of this section shall only be constructed after application for and the issuance of an encroachment permit signed by the City Engineer, subject to all procedures set forth in this section. The City Engineer shall evaluate the encroachment permit application and render a decision to deny, conditionally approve, or approve the encroachment permit. Such approval constitutes the granting of a conditional revocable permit for an encroachment and such permit shall remain in effect as long as the permittee complies with all conditions established for the granting of such permit. c. Appeals. Any person or entity aggrieved by the refusal of an encroachment permit required by this subsection may appeal to the City Council. All appeals must be filed with the City Clerk within thirty (30) days of the mailing of the decision of the City Engineer for scheduling on the City Council’s calendar. (Ord. #277-2024, S2)