Chapter 13.12 — ENCROACHMENTS

No person, firm or corporation shall encroach on any roadway, street, right-of-way or thoroughfare for the purpose of going over, upon or under such roadway, street, right-of-way or thoroughfare, without having obtained a permit therefor as hereinafter required.

(Ord. 96-10 Div. II (part), 1996.)

A.

Application for the permit required by Section 13.12.010 shall be made to the city manager on the form furnished by the city.

B.

Each application shall be accompanied by payment of the fee specified in the city's master fee schedule. Nothing contained in this chapter shall preclude the establishment of a fee by franchise or other city action which represents adequate compensation for the use of the public place by the proposed facilities.

C.

Plans and profiles showing work to be done, location limits of work, location of pavement replacement types, together with such further information as the city manager may require, shall be furnished by the applicant.

D.

The provisions of this chapter shall not prevent any public agency, person or entity from making emergency repairs which may be necessary for the preservation of life or property. If an urgent necessity arises during the hours the offices of the city are closed, the public agency, person or entity which must perform such emergency repairs shall notify the police department immediately, and must apply for a permit within one calendar day after the offices of the city are again opened.

E.

If an encroachment is to be made in a state highway, the permittee shall also comply with all regulations of the state Department of Transportation and procure from such department any permits required therefor.

F.

When required for public safety, or when requested by the city manager, the applicant shall give notice of the proposed work to the police and fire departments of the city.

(Ord. 96-10 Div. II (part), 1996.)

A.

If the city manager finds that the requested permit would meet the requirements of this chapter, he or she shall issue a permit for the encroachment, attaching such conditions as he or she deems necessary for the health, safety and welfare of the public and for the protection of the city, including conditions to minimize the scope and extent of excavations in order to mitigate impact to existing city streets. The city manager shall condition each permit with the requirement that the permittee restore city streets and city property to the same or comparable condition which existed immediately prior to the issuance of the permit to the satisfaction of the city manager, or the city manager may require that the permittee pay a fee for such restoration, as set forth in the Master Fee Schedule.

B.

In those instances in which the requested permit involves a street which has received a surface treatment such as a slurry seal or chip seal within three years from the date of the permit application, or which has been overlayed or reconstructed within five years from the date of the permit application, the city manager may prohibit trench cuts, or require that the permittee minimize or eliminate open excavations through the use of borings and other means.

C.

If the city manager finds that granting the requested permit would be in conflict with the provisions of this chapter, he or she shall deny the permit, giving in writing the reasons for such denial.

D.

An applicant may appeal the terms and conditions imposed on a permit, or the decision of the city manager to deny a permit, to the city council by filing a notice of appeal with the city clerk within ten days after the city manager acts on the permit application. The notice of appeal must be accompanied by the fee established in the city's master fee schedule.

(Ord. 2007-7 § 1, 2007: Ord. 96-10 Div. II (part), 1996.)

A.

The application, when approved and signed by the city manager, shall constitute the permit.

B.

Except in the case of an emergency, the permit shall be secured at least two working days before the work is commenced.

C.

The permit shall provide a time limit within which the work shall be completed, and it shall be void if the work is not completed within the time specified, unless an extension of time for good cause is granted by the city manager.

D.

The permittee shall keep complete maps and records of all underground facilities installed pursuant to the permit. Such maps and records shall be kept current by the permittee, who shall furnish copies to the city on request of the city manager.

E.

Permits shall be issued only to the person, firm or corporation making application, and may not be assigned by the permittee. If a permittee purports to assign the permit to another, the permit shall become void.

(Ord. 96-10 Div. II (part), 1996.)

A.

Any permit granted under this chapter may be revoked by the city manager for noncompliance with any of the provisions of this chapter. A written report defining the cause for the revocation shall be provided to the permittee within forty-eight hours of the revocation. The permittee may appeal the revocation of the permit to the city council by filing a notice of appeal with the city clerk within five days of the notice of revocation. The notice of appeal must be accompanied by the fee established in the city's master fee schedule. When an appeal has been filed, the permittee shall comply with such measures as ordered by the city manager to make the encroachment site safe for occupants of neighboring property and the traveling public.

B.

If the permit becomes void because either the time limit provided for in the permit has expired or the permit has been revoked by the city manager, the permittee shall quit and refrain from doing any further work, and the permittee shall restore the roadway, street, right-of-way or thoroughfare to its former condition. If the permittee fails or refuses to do so, such work shall be completed by the city by its own forces or by contract. The actual cost of such work, including the city's administrative costs, shall be charged to and paid by the permittee.

(Ord. 96-10 Div. II (part), 1996.)

Except in the case of an emergency, the permittee shall give notice, at least two working days before the work is started, of the time of commencement of the work, to the city manager. Similar notice shall be given to the police and fire departments of the city.

(Ord. 96-10 Div. II (part), 1996.)

After the work has been started it shall be diligently and continuously prosecuted to completion. No changes shall be made in the location, dimension, character or duration of the encroachment without the written authorization of the city manager.

(Ord. 96-10 Div. II (part), 1996.)

A.

Prior to the issuance of a permit, the permittee shall deposit with the city cash, or a certified check or cashier's check, or a surety bond, payable to the city, and issued by a company authorized to do general surety business in the state. The cash amount, check or surety bond shall be in a sum fixed by the city manager as sufficient to reimburse the city for all costs and expenses of restoring the roadway, street, right-of-way or thoroughfare to its former condition. The city manager may require an additional surety bond, check or cash deposit at any time when, in his or her opinion, the previous security deposited by the permittee is insufficient. The cash, check or surety bond shall be released upon satisfactory completion of the work authorized by the permit and satisfaction of all permit conditions.

B.

Prior to the issuance of a permit, the city manager may require the permittee to furnish public liability insurance, in a form approved by the city attorney, and in an amount deemed appropriate by the city manager to protect the city from liability which could result from the granting of the permit.

(Ord. 96-10 Div. II (part), 1996.)

A.

All work shall be performed in a neat and workmanlike manner and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Reasonable access shall be provided to all mailboxes, fire hydrants, watergates, valves, manholes, drainage structures or other public service structures and property. In the case of excavations, the permittee shall notify the owners of all underground facilities in the excavation area a minimum of two working days prior to the excavation. The permittee shall not commence the excavation until the permittee receives an inquiry identification number from the regional notification center. Public service structures or property shall not be removed or relocated by the permittee without proper coordination with the authorities charged with their control and maintenance. The permittee shall repair any damage to any public

service structure caused by any encroachment permitted under this chapter to the satisfaction of the city manager. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed when required.

B.

Upon written application, streets, driveways, or areas may be closed for limited periods when, in the opinion of the city manager, the public interest can best be served thereby. Any such temporary closure shall be subject to the terms and conditions imposed by the city manager.

C.

All work shall be coordinated with other agencies or entities working in the area, to the satisfaction of the city manager.

(Ord. 96-10 Div. II (part), 1996.)

During the performance of the work the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchmen and flagmen as are required by law, and as are deemed necessary by the city manager.

(Ord. 96-10 Div. II (part), 1996.)

The permittee shall comply with all applicable state and local laws, ordinances, codes and regulations.

(Ord. 96-10 Div. II (part), 1996.)

The permittee shall comply with the specifications governing backfill and pavement on file in the office of the city engineer with respect to all work performed pursuant to the provisions of this chapter.

(Ord. 96-10 Div. II (part), 1996.)

If the work is unduly delayed , and if the public interest reasonably requires, the city manager shall have authority, upon written notice to the permittee, to complete the work or any portion thereof. The actual cost of such work performed by the city, including overhead, shall be charged to and paid by the permittee.

(Ord. 96-10 Div. II (part), 1996.)

Fees for inspection of work performed pursuant to the provisions of this chapter shall be set forth in the city's master fee schedule.

(Ord. 96-10 Div. II (part), 1996.)

Notice of completion of work performed pursuant to the provisions of this chapter shall be filed with the city manager by the permittee within ten working days after the completion date.

(Ord. 96-10 Div. II (part), 1996.)

For a period of two years after the completion of the work, whether completed by the permittee or by the city as provided in Sections 13.12.050 and 13.12.130, the permittee shall be obligated to inspect and immediately repair and make good any injury or damage to any portion of the roadway, street, right-of-way or thoroughfare which occurs as a result of work done under the permit, including all injury or damage to the roadway, street, right-of-way or thoroughfare which would not have occurred had such work not been done.

(Ord. 96-10 Div. II (part), 1996.)

The permittee shall be responsible for all liability for personal injury or property damage which may result from the work permitted and done by the permittee. If any claim of such liability is made against the city, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim.

(Ord. 96-10 Div. II (part), 1996.)

Any public utility possessing a franchise to install, operate, maintain, or use facilities in the streets of the city, although deriving its right to occupy such streets pursuant to such franchise, or any telecommunications provider, shall nevertheless procure a permit for each installation so as to enable the city to exercise, reasonably, its police powers over the performance of the work.

(Ord. 96-10 Div. II (part), 1996.)