Gardena Municipal Code Art. III Encroachment Permits – General Requirements

In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices including, but not limited to, lights, barricades, signs, flagmen and watchmen, as are necessary to protect the public and as ordered by the engineer or his representative. Any omission on the part of the engineer to specify in the permit what safety devices shall be provided by or preventive action required of the permittee shall not excuse the permittee from complying with all laws, regulations and ordinances relating to the protection of persons or property under the circumstances. If the engineer finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee in accordance with the schedule of charges as adopted by the city council.

(Ord. 1506 § 1 (part), 1996)

All safety devices, including warning lights, shall conform to the requirements of the manual of Traffic Controls for Construction and Maintenance Work Zones issued by the Department of Transportation of the state and of the California Vehicle Code, so far as such manual and codes are applicable.

(Ord. 1506 § 1 (part), 1996)

If, in the judgment of the engineer, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the engineer shall assign an inspector and the permittee shall pay the city in accordance with the schedule of charges as adopted by resolution of the city council.

(Ord. 1506 § 1 (part), 1996)

A person shall not obstruct the engineer or his representative, in making any inspection authorized by this chapter or in taking any sample or in making any test.

(Ord. 1506 § 1 (part), 1996)

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to move his facility without cost.

(Ord. 1506 § 1 (part), 1996)

The permittee shall support and protect all structures, wires, cables, pipes, conduits, poles and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of the wires, cables, pipes, conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(Ord. 1506 § 1 (part), 1996)

When the location or position of an encroachment impairs visibility to vehicular traffic, the engineer may require that the encroachment be equipped with reflectors, lights or other aids to visibility, or the engineer may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.

(Ord. 1506 § 1 (part), 1996)

A. When the permittee is a contractor, the permittee shall maintain adequate public liability insurance, including motor vehicle insurance if needed, to protect him from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations be by himself or by any agent or by anyone directly or indirectly employed by him or his agent. The city shall be named as an additional insured under a state or political subdivision permit endorsement and the policy shall be issued by a company authorized to do business in the state. The amount shall be as prescribed by city council resolution. In the absence of such a resolution, the minimum liability shall be five hundred thousand dollars. Certificates of insurance and endorsements shall be filed with the engineer.

B. When the permittee is a homeowner, the permittee shall provide the city engineer with a copy of the homeowner's insurance policy.

C. This section shall not apply to any work done by utility companies by their employees. However, if a utility company uses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with subsection A of this section, or the utility company must provide evidence that its own insurance policy covers the contractor.

(Ord. 1506 § 1 (part), 1996; Ord. 1775 § 1, 2017)

All work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, and any other emergency facilities designated by the engineer.

(Ord. 1506 § 1 (part), 1996)

All work shall be performed in accordance with the Standard Specifications for Public Works Construction including revisions or according to the plans and specifications referred to in the permit and, in addition, to any special requirements or specifications which are made a part of the permit. In case of conflict between two specifications, the stricter specification shall apply.

(Ord. 1506 § 1 (part), 1996)

A. After work is commenced, the permittee shall prosecute with diligence all work covered by the permit. The permittee shall promptly complete such work and restore the site to satisfactory condition so as not to obstruct the public place or travel more than is reasonably necessary.

B. If the work is not completed in a reasonable and diligent manner the department shall notify the permittee to complete the same within a specified period of time. If the work is not completed within that time the department shall have full power to do the work or may contract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the permittee. If the permittee has no deposit or other security, the city may bill the permittee directly for work performed.

(Ord. 1506 § 1 (part), 1996)

Each permittee shall conduct and carry out encroachment work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly debris.

(Ord. 1506 § 1 (part), 1996)

No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except on authorization by the engineer.

(Ord. 1506 § 1 (part), 1996)

Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way, including any structure thereon, by replacing, repairing or rebuilding in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials and debris upon the right-of-way, and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the engineer. In the event that the permittee fails to act promptly to restore the right-of-way as provided in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the engineer may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council.

(Ord. 1506 § 1 (part), 1996)

Unless otherwise determined by the engineer, where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than three inches; the base course removed shall be replaced to the same thickness as that of the surrounding base course. Paving shall be completed to finish grade in one paving operation.

(Ord. 1506 § 1 (part), 1996)

When the structural section removed varies from or exceeds the average existing section, the engineer may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

(Ord. 1506 § 1 (part), 1996)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the engineer in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, 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.

(Ord. 1506 § 1 (part), 1996)

The city may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety or welfare. Removal and relocation of encroachments under this section shall be in accordance with the procedure and penalties provided in Sections 1481 through 1485 of the California Streets and Highways Code.

(Ord. 1506 § 1 (part), 1996)

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its pre-existing condition or better, unless the engineer permits otherwise.

(Ord. 1506 § 1 (part), 1996)

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel for the general public or unreasonably interfere with or cause inconvenience to the occupants of adjoining property. At no time shall a public highway be temporarily closed or the use thereof be denied to the general public, except by permission of the traffic authority.

(Ord. 1506 § 1 (part), 1996)

Every person owning, using, controlling or having an interest in any pipe, conduit, duct, tunnel or other such similar structure under the surface of any right-of-way for supplying or conveying natural gas, electricity, communication facilities, water or petroleum products or for any other purpose, shall file in the office of the engineer within sixty days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one inch to two hundred feet showing the complete installation of all such substructures. The same is required showing location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this section.

(Ord. 1506 § 1 (part), 1996)

Before commencing any encroachment work authorized by any permit the permittee shall notify Underground Services Alert ("USA") and the engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.

(Ord. 1506 § 1 (part), 1996)

The engineer may require the permittee to make proper arrangements for, and bear the cost of the relocation of any structure, publicly owned facility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The engineer may elect to do the necessary relocation at the permittee's expense.

(Ord. 1506 § 1 (part), 1996)

If any city highway improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense, except as provided by state statute. When relocation is required, the engineer shall give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the engineer and a reasonable time within which the encroachment must be relocated or removed. If the permittee fails to comply with such instructions, the city may relocate the encroachment at the expense of the permittee in accordance with the schedule of charges as adopted by the city council. In determining what is a reasonable time under this section the engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of it removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this section apply to all permittees, including public agencies and public utilities having authority to occupy city rights-of-way pursuant to a franchise or an express provision of the California Code. However, this section shall not apply to the public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway.

(Ord. 1506 § 1 (part), 1996)

The engineer may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.

(Ord. 1506 § 1 (part), 1996)

A. If pavement placed under an encroachment permit should become depressed or broken at any time after the work has been performed for any reason other than natural wear of the surface or improper work of another permittee, the permittee for whom the work was performed shall immediately proceed to repair and restore the pavement upon written notice from the engineer. The repair and restoration shall be to the satisfaction of the engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of the engineer as provided for in this chapter shall not excuse the permittee from its duty and obligation imposed by this section.

B. When the work was done pursuant to Section 13.56.040 (Exception), the written notice shall be sent to the person or firm who actually opened the highway and it shall be the responsibility of such person or firm to make the repair and restoration.

C. In case the pavement is not completely restored within thirty days after such notice has been given, the public works department shall do the work or have the work done at the expense of the delinquent person, firm or permittee.

(Ord. 1506 § 1 (part), 1996)

All applicants, except as otherwise provided in this chapter, shall pay both a permit fee and a plan checking fee in amounts established by resolution of the city council as well as all other costs for the work. Both the permit and plan checking fees shall be based on the cost to the city of providing the services.

(Ord. 1506 § 1 (part), 1996)

The following shall be exempt from paying all fees:

A. The engineer may grant a permit without a permit fee if he finds that the work to be done has been requested by the city in connection with proposed public works.

B. If the engineer determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he may in specific instances waive all fees and deposits.

C. In cases where the fee is waived, the permittee shall be liable for the actual cost of any work required to be done by the department in restoring the highway to be in as good a condition as before any such work was commenced. Furthermore, the engineer may, in the future, require such deposit from any such permittee if a bill rendered in accordance with this chapter becomes delinquent.

(Ord. 1506 § 1 (part), 1996; Ord. 1747 § 1, 2013)

Where work for which a permit is required by this chapter is started or proceeded with, prior to obtaining the permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed in this chapter.

(Ord. 1506 § 1 (part), 1996)

The permittee is liable for and shall pay for all the department's costs related to the permit, including, but not restricted to, the following:

A. The permit fee if that has not otherwise been paid;

B. Engineering, which includes design, inspection, survey and tests;

C. The cost of any inspection, transportation or tests made;

D. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;

E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

F. The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the installation and/or removal of temporary and/or permanent traffic stripes and any other expense for traffic control;

G. The cost of removing or remedying any hazardous condition;

H. The cost of tree-trimming;

I. Any other cost to the city caused by the permittee's activity.

(Ord. 1506 § 1 (part), 1996)

Whenever in the provisions of this chapter, any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including overhead and depreciation in accordance with current practice in charging for work performed for the public and as defined in the encroachment permit fee resolution as adopted by the city council.

(Ord. 1506 § 1 (part), 1996)

Unless exempted from this section by law or by the engineer, each applicant shall, before obtaining a permit, deposit with the department a cash deposit, consisting of cash or a certified or cashier's check in a sum to be fixed by the engineer as sufficient to reimburse the city in accordance with the schedule of charges as established by the engineer for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all conditions of the permit. Where the size and nature of the project warrant, the engineer may require the additional deposit to indemnify and reimburse the city for work done by or for the city in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by or arising out of the doing of any work under any permit issued to the permittee. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a deposit in accordance with this section.

(Ord. 1506 § 1 (part), 1996)

A cash deposit may be in the form of a special deposit to be maintained as security for a specific permit issued to the applicant or may be in the form of a general deposit to be maintained as a security for all the permits issued to an applicant. If an applicant maintains a general cash deposit it shall be with the understanding that he will pay all bills sent him by the engineer for work described in this chapter. The amount of the general deposit shall be sufficient to cover all costs connected with the permit. An applicant making a general deposit need not make a special deposit.

(Ord. 1506 § 1 (part), 1996)

In lieu of a cash deposit the engineer may accept from an applicant other types of security as specified in sections 13.56.590 and 13.56.600.

(Ord. 1506 § 1 (part), 1996)

Any deposit required by the engineer pursuant to this chapter shall be payable to the city and filed or deposited with the engineer. Deposits returned are to be less any costs authorized to be deducted pursuant to this chapter. Thirty days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the engineer will release the deposit upon application of the permittee.

(Ord. 1506 § 1 (part), 1996)

The engineer may accept a surety bond in an amount determined by him to be necessary, but not less than five hundred dollars, on a form supplied by the department and executed by a corporation authorized to engage in surety undertakings in the state. It shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the surety bond. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a surety bond in accordance with this section.

(Ord. 1506 § 1 (part), 1996)

The engineer may accept a certificate of deposit or pass books made payable to order of the city in lieu of a surety bond.

(Ord. 1506 § 1 (part), 1996)

The engineer may require any type of security that has, in his opinion, become insufficient for protection of the public interest, to be increased to such an amount as he has determined will be sufficient to protect the public interest. He may require special deposits or other security.

(Ord. 1506 § 1 (part), 1996)

No bond, insurance certificate, certificate of deposit, savings and loan share assignment or other form of indemnification is acceptable which bears an expiration date not determined by the city.

(Ord. 1506 § 1 (part), 1996)

If, within thirty days after a bill has been sent, the permittee does not pay the same in full, such amount may be deducted from his deposit, or the engineer may recover the amount due from any security the permittee has filed. When amounts are deducted from a general deposit, the permittee must restore the deposit to its original amount within fifteen days. If the deposit or security is insufficient to pay the amount due, the city may enforce collection by legal means.

(Ord. 1506 § 1 (part), 1996)

The engineer may elect not to issue further permits to the permittee and may hold any deposits, guarantees or bonds of the permittee as long as any bill remains unpaid.

(Ord. 1506 § 1 (part), 1996)

Permit fees may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee and no inspection requests were made.

(Ord. 1506 § 1 (part), 1996)

If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made.

(Ord. 1506 § 1 (part), 1996)