Corte Madera Municipal Code Ch. 12.28 Encroachments

After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment, for a period of one year after the completion of the work, the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the director, immediately repair any injury, damage or nuisance in any portion of the right-of-way or watercourse, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to the notifications, the town may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of the work. See Section 12.12.030 for maintenance bond requirements.

(Ord. 469 § 34, 1967)

When any encroachment authorized in this title is found to be in conflict with existing or proposed facilities or improvements owned, maintained or operated by the town, such encroachment shall, upon written demand of the director, be altered, shored up, supported, protected, removed or relocated in such a way as to eliminate the conflict, said alteration, etc., to be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the town may cause such relocation of the encroachment at the expense of the permittee; Provided, however, that this section shall not apply to any public utility possessing a franchise to operate within the town, and the obligation of such public utility to relocate or remove encroachments shall be governed by the provisions of its franchise and the applicable law.

Permittee shall upon uncovering any pipe or underground facility not previously located or anticipated except water, gas and sewer service laterals, cease work immediately and shall notify the director of public works. Permittee shall proceed with the work only after the proper utility has been notified and permission is granted by director of public works to proceed.

(Ord. 469 § 35, 1967)

The director shall establish such standards and specifications as he may deem necessary for the proper construction, use and maintenance of encroachments. Any work or use done under such permit issued under provisions of this title shall conform to said standards and specifications. In the absence of specific standards and specifications recognized standards of construction or approved practices shall govern the work or use.

(Ord. 469 § 36, 1967)

The director is authorized to make such inspections in person or through authorized subordinates as he may deem necessary in connection with permits issued under this title.

(Ord. 469 § 37, 1967)

Backfilling and compaction of an excavation shall be in accordance with standards and specifications established by the director or as otherwise required by him, both as to material and method.

(Ord. 469 § 40, 1967)