Escalon Municipal Code Art. II Permits

It is unlawful for any person, other than the officers, agents, contractors, or employees of the city, to perform any type of construction or to place an encroachment of any kind upon any property within the public street or right-of-way without first having obtained a permit to encroach on said property from the city.

(Ord. 266 § 3(A), 1986)

A. Every application for a permit shall be made in writing upon forms furnished by the city, and applicants shall furnish thereon such information as is thereupon required as well as any such other information as may be required by the director.

B. On major projects, if requested to do so by the director, applicant shall furnish plans and profiles, in duplicate, showing the work to be done, locations, limits of work, location of pavements, replacement types, together with such other information as the director may require.

C. If the encroachment is to be made in a state highway or a county road, the applicant shall comply with all lawful regulations of the Department of Transportation, Department of Public Works, State of California or the department of public works, county of San Joaquin, and procure from such authority all necessary permits required thereby.

D. Any permit issued hereunder shall not be assignable to any other person.

(Ord. 266 § 3(B), 1986)

A. Upon receipt of an application as provided herein, and if it appears that the encroachment to be made thereunder is to be done in accordance with the regulations contained in this chapter and city standards, and as otherwise provided by law governing the construction of said encroachment, a permit shall be issued upon payment of fees as fixed by the ordinances and resolutions of the city.

B. Application for a permit as required by this chapter shall be done well in advance of the time the work under such permit is proposed. Upon receipt of the application, the city shall review such application and make such determinations as required herein.

C. Every permit issued pursuant to this chapter shall specify a completion date for the work. The director may, for good cause, grant a written extension of the time to the permittee, which shall extend the validity of said permit to said extended time.

(Ord. 266 § 3(C), 1986)

Where an emergency street cut is performed, applicant shall immediately give prior notice thereof to the director, and secure or make reasonable effort to secure the consent for such work from the director as soon as reasonably practical, and shall make application for a permit for such work on the next working day.

(Ord. 266 § 3(D), 1986)

The validity of any permit issued shall be subject to the permittee's compliance with all general provisions hereof, as well as any special provisions specified therein. All permits issued hereunder shall require that all underground facilities shall be of the quality and installed in a manner which may be prescribed or required by law. The issuance of a permit does not guarantee to the permittee the exclusive use of any surface area occupied by the permittee.

(Ord. 266 § 3(E), 1986)

A. The permittee shall be responsible for any and all claims and liabilities for damages caused by any of the work herein permitted or caused by the permittee's failure to perform his obligations under the permit. In the event any such claim or liability for damages is made against or imposed upon the city or any department, officer, or employee thereof, the permittee shall and by acceptance of the permit agrees to indemnify, and hold each of them harmless from such claim or liability.

B. The permittee shall provide, and keep in force during the life of the permit, a policy of public liability and property damage insurance against liability for personal injury, including accidental death, as well as liability for property damage, which may arise, in any way, out of the exercise of the rights granted by the permit. Said insurance shall name the City of Escalon as co-insured. The amounts of such insurance shall be as follows:

1. Public liability insurance, in an amount of not less than $500,000 for injury or death to any one person, and $1,000,000 for injury or death arising from any one accident; and

2. Property damage insurance, in an amount not less than $100,000.

C. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of the permit and shall contain a provision that such policy may not be cancelled except after 10 days' notice in writing to the clerk of the city.

D. A copy of the policy or certificate of insurance evidencing the insurance shall be filed with the city clerk prior to the permit being issued.

E. Utility companies that are self-insured may substitute for the public liability and property damage insurance required hereby, a statement of the fact of such self-insurance and that they accept the responsibilities and liabilities imposed by this section. Any such statement shall be in writing and in a form approved by the city attorney.

(Ord. 266 § 3(H), 1986)

A. If the permittee fails, in the opinion of the director, to comply with the provisions hereof or the conditions of any permit, the director may refuse to grant and may withhold issuance of any subsequent permits to the permittee until the latter has paid all costs due the city for prior permits and has posted with the city a cash bond in a reasonable sum as determined by the director, not to exceed $25,000, which bond or any part thereof shall be used as follows:

1. To pay the actual cost of work done by the director in connection with any permit issued, including overhead costs;

2. To pay the actual cost of work done by the director to repair or restore any public improvements damaged or destroyed by the permittee during the course of any operations performed under any permit, including overhead costs;

3. To pay the actual cost of furnishing any and all safety barricades and warning devices placed on or about the permittee's work, including overhead costs.

B. Permittee shall be entitled to refund in whole or part, as the case may be, of any cash bond posted with the city pursuant hereto, when all work to be done by the permittee under a permit issued prior to subsequent to posting of said bond has been completed by the permittee and has been approved or completed by the city, from which bond shall be deducted all amounts due the city under the terms of said bond and all amounts which may otherwise be due the city pursuant to the provisions of this chapter.

(Ord. 266 § 3(I), 1986)

The permittee shall give notice to the director of the actual time of commencement of any work at least 24 hours in advance. If the permittee is a utility company, the form and frequency of notifications shall be as agreed upon by the director and the utility company. When work on any project ceases for a period of 24 hours or more, the permittee shall notify the director, at least 24 hours prior to recommencing said work.

(Ord. 266 § 3(G), 1986)

All work done by the permittee shall be inspected by the city and the permittee shall pay the city for such inspection.

(Ord. 266 § 3(J), 1986)

Upon completion of the work covered by the permit, the permittee shall give notice of completion to the director indicating the date such work was actually completed.

(Ord. 266 § 3(K), 1986)

The rates of fees as stipulated herein shall be in accordance with a schedule of fees approved by the city council from time to time by resolution and on file in the office of the city clerk and the director.

(Ord. 266 § 5(A), 1986)

A. The director shall have the right to refuse a permit to any person who is in violation of, or has failed to comply with, the provisions of this chapter in connection with the permit being applied for, or any permit previously issued except as provided otherwise by this chapter.

B. The director may, for noncompliance with any of the provisions of this chapter, revoke any permit granted herein.

(Ord. 266 § 3(F), 1986)