Article IV

General Conditions of Permit Issuance

• A. Every person who commences any activity or work regulated by this chapter must comply with the provisions of this chapter, the provisions made part of any permit, and the specifications and all codes referred to by this chapter.

• B. All persons shall obey and comply with every order, decision, direction or rule issued by the director in the matters specified on the permit or any attachments to said permit, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility.

• C. A person shall not obstruct the director in making any inspection authorized by this chapter or in taking any sample or in making any test.

• (Ord. 10-1987 § 2, 2010)

• A. Every permit issued under this chapter for activity or work in, along, on, over, across or under the highway shall be granted subject to the right of the city or of any person entitled thereto to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the director.

• B. The director may establish additional requirements for the work to be done under any permit, including equipment to be used, type of backfill, compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the director may revoke the permit and require that a new permit be secured before further work is done.

• (Ord. 10-1987 § 2, 2010)

All work shall be performed in accordance with the current version of the Standard Specifications for Public Works Construction ("Greenbook"), or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit by the director. In case of conflict between two specifications, the more stringent specification shall apply. (Ord. 10-1987 § 2, 2010)

Every person who commences any activity or work regulated by this chapter shall safeguard and complete the activity or work within the time set forth in the permit, unless that time is extended for good cause by the director. Any part of the highway that is damaged, removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the director. All surplus material of any kind shall be removed from the highway. (Ord. 10-1987 § 2, 2010)

Any person engaged in performing work regulated by this chapter which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. Such person shall be responsible for placing and maintaining adequate warning signs, barricades, lights and devices during all periods during which traffic movement is interfered with or endangered in order to promote the safe movement of traffic, including but not limited to periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required in the Vehicle Code.

(Ord. 10-1987 § 2, 2010)

Whenever the director discovers work that is not authorized by a permit issued under this chapter, in order to promote the welfare, well-being and safety of the public traveling along or across any highway, the director may do any work within the highways of whatever nature is required in the director's opinion to reestablish conditions as they existed prior to commencement of unauthorized work done by any person within the highways and for which a permit has been obtained. The director shall charge the cost of this rehabilitation to the person doing the unauthorized work and may also revoke a permit on this basis. (Ord. 10-1987 § 2, 2010)

The director may restrict the use of, or close, any highway whenever he considers such closing or restriction of use necessary:

• A. For the protection of the public;

• B. For the protection of such highways from damage during storms;

• C. During construction, improvement or maintenance operations thereon. (Ord. 10-1987 § 2, 2010)

• A. Upon completion of any excavation or encroachment, or completion of the cut or fill, the permittee shall so notify the director in writing on a form prescribed by the director. Whenever a plat is required pursuant to CMC § 11.08.100(B) and there were substantial deviations approved during the work from the dimensions or locations as shown on the plat, the permittee shall transmit to the director a concise, "as-built plat" upon completion of the work, showing the accurate location, depth and size of the facility or encroachment so laid, removed or abandoned.

• B. Any monument set for the purposes of locating or preserving the lines of any highway or property subdivision, or a survey reference point, or a permanent survey or bench mark, shall not be removed or disturbed without first obtaining permission in writing from the director.

• (Ord. 10-1987 § 2, 2010)