Contra Costa County Municipal Code Ch. 1002-4 Permits

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

(Prior code § 7520: Ord. 1000).

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 director, of a size and in the quantity that the director may prescribe, on which shall be plainly shown all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of the applicant to cause such encroachment. If necessary, changes, corrections, and notes will be made on the map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 7521: Ord. 1000).

The applicant shall also enclose with, attach to, or add to the application copies of the written order or consent to any work under the permit, required by law, of the Public Utilities Commission, sanitary districts, water districts, or any other public body having jurisdiction. A permit shall not be issued until the order or consent, if required, is first obtained and evidence of it filed with the director. The permittee is responsible for being adequately informed of all state and federal laws and local ordinances and regulations which affect the permit. The applicant at all times shall comply with and shall cause all the applicant's agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders, and shall protect and indemnify the county and all of its officers, agents, and employees against any claims or liability proximately caused by the violations of such law, ordinance, regulation, or order issued under police power and in accordance with law, whether by the applicant or the applicant's agents or employees.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 7522: Ord. 1000).

Before a vehicle or combination of vehicles or objects of weight, dimension, or characteristic prohibited by law without a permit, is moved on a public right-of-way, a permit shall first be granted by the director as set forth in specifications adopted by resolution of the board of supervisors.

(Prior code § 7523: Ord. 1000).

The permittee shall begin the work or use authorized by a permit issued under this title within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety days, or within the time stated in the permit, then the permit shall become void, unless before its expiration the time for beginning has been extended in writing by the director. A permit for temporary encroachments, as determined by the director, 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 director mailed thirty days before the date of termination.

(Prior code § 7524: Ord. 1000).

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the director finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, the director may cancel the permit and restore the right-of-way to its former condition or a safe condition, whichever is less expensive, or complete the work authorized by the permit. The permittee shall reimburse the county for all expenses incurred by the director in restoring the right-of-way, or completing the work, plus fifteen percent as administrative costs.

(Ord. 85-13 § 1: prior code § 7525: Ord. 1000).

If the director determines that the performance of the work described in a permit is unsatisfactory or unacceptable, or both, then the permittee shall reconstruct the work to the satisfaction of the director.

If the director determines that delay in pursuit or completion of the act or work is due to lack of diligence or to a willful act on the part of the permittee, or that the work is unsatisfactory, unacceptable, or both, if essential to the health, safety or welfare of the public, the director may request the board of supervisors for authorization to contract with any licensed general contractor to complete, erect, install, reconstruct, or alter all structures or work in conformance with the permit, or to remove all structures and obliterate all work not completed. The costs incurred thereby shall be repaid to the county from the cash or surety bond deposited by the permittee with the county for the performance of the work; provided that any and all costs incurred by the county which exceed the cash deposit or surety bond's penalty sum shall be paid by the permittee to the county.

(Ord. 85-13 § 2: prior code § 7525: Ord. 1000).

No permit issued under this title is transferable. The person, public agency, firm, or corporation actually making or maintaining the encroachment shall obtain the permit and furnish the bond.

(Prior code § 7526: Ord. 1000).

The permittee shall keep any permit issued under this title at the site of work, or in the cab of a vehicle when its movement on a public highway is involved, and the permit must be shown to any authorized representative of the director or law enforcement officer on demand.

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 director or law enforcement officer within a reasonable time after demand.

(Prior code § 7527: Ord. 1000).

No changes shall be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit except on written authorization by the director, but no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes to them where the changes or additions require no excavation of the right-of-way.

(Prior code § 7528: Ord. 1000).

The schedule of fees will be those recommended by the director and established and adopted by the board of supervisors from time to time by resolution. Before a permit is issued the applicant shall deposit with the director for payment to the treasurer of the county 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 board of supervisors.

Public utilities and political subdivisions, at the director's option, may make payment for the above changes as billed by the county instead of advance deposit as required above.

(Prior code § 7529: Ord. 1000).