12-2 PERMITS FOR ENCROACHMENTS [1]

1 Editor’s Note: For the statutory provisions regarding the authority of the Town to require permits for encroachment to municipal roads, see Streets and Highways Code, §1460ff.

The written permits required by this chapter shall be issued by the City Engineer for any lawful use, subject to conditions set forth in this chapter and required by law. The City Engineer shall prescribe and provide a regular form of application for a permit required by this chapter. 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 City Engineer 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 City Engineer.

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 City Engineer, of a size and in the quantity that he 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.

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 City Engineer. The permittee shall keep himself 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 his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders, and shall protect and indemnify the Town 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 himself or his agents or employees.

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 City Engineer as set forth in specifications adopted by resolution of the Town Council.

The permittee shall begin the work or use authorized by a permit issued under this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety (90) 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 City Engineer. A permit for temporary encroachments, as determined by the City Engineer, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one (1) 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 City Engineer mailed thirty (30) days before the date of termination.

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the City Engineer finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the Town for all expenses incurred by the City Engineer in restoring the right-of-way, plus fifteen (15%) percent as administrative

costs.

12-2.7 Permit Nontransferable.

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

The permittee shall keep any permit issued under this chapter 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 City Engineer or law enforcement officer on demand.

A permit issued for continued 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 City Engineer or law enforcement officer within a reasonable time after demand.

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 City Engineer, 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.

The schedule of fees will be those recommended by the City Engineer and established and adopted by the Town Council from time to time by resolution. Before a permit is issued the applicant shall deposit with the City Engineer for payment to the Treasurer of the Town of Danville 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 Council.

Public utilities and political subdivisions, at the City Engineer’s option, may make payment for the above changes as billed by the Town instead of advance deposit as required above.