Hesperia Municipal Code Ch. 12.12 Encroachment Permits—general Provisions

These general provisions, rules of construction and definitions shall govern the construction of this chapter, unless the provision or the context provides otherwise.

(SBCC § 51.011)

Whenever a power is granted to, or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law or ordinance, by the officer, unless this chapter expressly provides otherwise.

(SBCC § 51.012)

Whenever reference is made to any portion of this chapter or any other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

(SBCC § 51.013)

The present tense includes the past and future tenses; and the future, the present. The masculine gender includes the feminine. The singular number includes the plural, and the plural, the singular.

(SBCC § 51.014)

The city engineer may issue permits, as provided in this chapter, authorizing the permittee to do any of the following acts:

A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any city facility for any purpose, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the city facility;

B. Construct or repair, or cause to be constructed or repaired any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert, water line, sewer line, or work of any nature, or place, change or renew an encroachment in, over, along, on, across or through any city facility, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the city facility;

C. Move or cause to be moved over, upon, along or across any city facility, any building or structure;

D. Place any banner over, across, on or along any city facility;

E. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any city facility excepting necessary pruning or trimming to protect persons or property.

(SBCC § 51.016)

An application for a permit pursuant to the provisions of this chapter shall be made in writing and filed with the engineering department, accompanied by the appropriate fee/deposit.

(Ord. 250 (part), 1997; SBCC § 51.018)

If, in the opinion of the city engineer, the work proposed to be done requires the making of plans or the setting of stakes, or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a registered civil engineer.

(Ord. 250 (part), 1997; SBCC § 51.019)

The permittee shall perform all work in accordance with plans, if plans are made, and specifications referred to in the permit, to the satisfaction of and under the supervision of the city engineer.

(Ord. 250 (part), 1997; SBCC § 15.0110)

A. Payment. Except as otherwise provided in this chapter, the city engineer shall not issue any permit until all deposits and issuance fees have been paid.

B. Issuance Fees Not Refundable. The issuance fees required by the provisions of this chapter are for the purpose of defraying the cost of issuing the requested permit. No part of any issuance fee may be refunded to any applicant.

C. Deposit in Funds. Issuance fees and charges for repairs, inspection, or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements are made.

D. Extra Deposits and Bonds. If, in the opinion of the city engineer, any special or general deposit, or any undertaking or any combination thereof is not sufficient for the proper protection of the public interest in the highways, including any trees thereon, the city engineer may require either an additional deposit, or an increase in the amount of the bond in such amount as he determines will be sufficient to protect such public interest.

E. Insufficient Deposits.

1. Where any deposit is determined to be insufficient to pay all fees and costs provided for in this chapter, the permittee shall, upon demand, pay to the commissioner an amount equal to the deficiency.

2. Where the permittee fails or refuses to pay the deficiency upon demand, the city engineer may recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no permit shall be issued to such permittee.

(Ord. 250 (part), 1997; SBCC § 51.0111)

A. Issuance of Permit Public Record. If the applicant for a permit complies with every provision of this chapter and with all applicable provisions of all other ordinances and statutes, the city engineer shall issue to the applicant a written permit to perform the work set forth in the application. Upon the issuance of such permit the application shall become a public record.

B. Imposition of Conditions or Changes by City Engineer.

1. Any permit authorized under any of the provisions of this chapter may be issued subject to such conditions, changes and limitations as are, in the discretion of the city engineer, necessary for the protection of the city facility, or to prevent undue interference with traffic, or to protect both persons and property within, upon or adjacent to said city facility from damage or danger.

2. The city engineer may issue a single permit for any number of excavations which are part of a single project. The permit may be exercised by giving not less than forty-eight (48) hours notice to the city engineer on a form to be prescribed by the city engineer before work is commenced.

C. Reservation of the Power to Change the Conditions After Permit Issued. Any permit issued by the city engineer under any of the provisions of this chapter, or the conditions to which it has been made subject, may be amended or changed if the city engineer deems such amendment or change to be necessary for the protection of a city facility, or to prevent undue interference, or to protect both persons and property. Notification of the amendment or change shall be made by the city engineer either by mailing written notice to the permittee at the address indicated on his application for the permit, or by making personal service of said written notice upon the permittee. The amendment or change shall be effective either twenty-four (24) hours after said written notice is deposited in the United States mail, or immediately upon completion of personal service.

D. Commencement and Completion of Work. Every permittee shall complete the work within the time required by the permit. Permits issued hereunder shall be valid only for the period of time specified in the permits, unless the city engineer grants a time extension.

E. Refusal to Issue Permit. The city engineer may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when file work authorized by the permits, or such portions thereof is included in the proposed work to be done, by any existing assessment district, or by any proposed assessment district for which formation proceedings have been instituted by the city council.

F. Nontransferability of Permits. Permits issued pursuant to this chapter are nontransferable.

G. Permits Subject to the Use of the City Facilities by Others. Every permit granted pursuant to the provisions of this chapter, shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such city facility for any purpose for which such city facility may lawfully be used.

(Ord. 250 (part), 1997; SBCC § 51.0112)

On each application the applicant shall sign a statement that he agrees to preserve and save harmless the city and each officer and employee thereof pursuant to Section 1.04.090 of this code.

(Ord. 250 (part), 1997; SBCC § 51.0113)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the city engineer in writing on a form prescribed by the city engineer.

(Ord. 250 (part), 1997; SBCC § 51.0114)

A. The city engineer may require any person who, pursuant to a duly issued permit under this chapter, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the city engineer, whenever such move is necessary to insure the safety of the public or to permit the improvement of the facilities and may require the application to contain a signed statement by the applicant to this effect.

B. In the event the permittee fails to comply with any such demand, the construction work or encroachment specified in the demand may be removed by the city engineer, and the cost thereof will be recovered from the permittee.

(Ord. 250 (part), 1997; SBCC § 51.0115)

No person shall place or pile any material in or upon any city facility or leave any obstruction or impediment to travel in or upon any city facility without a permit to do so.

(Ord. 250 (part), 1997; SBCC § 51.0116)

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

(Ord. 250 (part), 1997; SBCC § 51.0117)

The permittee shall comply with the House moving Rules and Regulations, as amended, except to the extent that such rules and regulations are expressly modified or deleted in the permit.

(Ord. 250 (part), 1997; SBCC § 51.0120)

For streets, alleys, and public places that were newly constructed, reconstructed, rehabilitated, overlaid, or sealed, the following shall apply:

A. Non-emergency street cuts will not be permitted for a period of five years from the date of city council acceptance and/or certificate of final occupancy of projects with street improvements consisting of new construction, reconstruction, rehabilitation, overlay and/or slurry seal.

B. Emergencies (exceptions) are defined as follows, as determined by the city:

1. Imminent danger of life or property.

2. Interruption of essential utility service.

3. Work that is mandated by the city, state or federal law.

4. Service for new development or new customers where no other reasonable means of providing services exist.

C. In the case of an emergency or where street cuts have been authorized by the city, within five years following city council acceptance and/or certificate of final occupancy of projects with street improvements consisting of new construction, reconstruction, rehabilitation, overlay and/or slurry seal, the following shall apply:

1. For street cuts/trenches, on a moratorium street, perpendicular to traffic lanes (a transverse street cut): The permittee will be required to grind and overlay, two inches of asphalt concrete (AC) ten feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five feet from the end(s) of the trench. If the trench end(s) is less than or equal to five feet from a lane line the adjacent lane shall be included, or as directed by the city. All work requires a properly licensed contractor, City of Hesperia business license and current insurance on file. All other criteria from City of Hesperia Standard Drawing is applicable.

2. For street cut/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to grind and overlay two inches of asphalt concrete (AC), one-half street width minimum, for the full length of the cut/trench plus ten feet on both ends, but not less than or equal to five feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included or as directed by the city. All work requires a properly licensed contractor, city of Hesperia business license and current insurance on file. All other criteria from City of Hesperia Standard Drawing is applicable.

3. The full width of street shall be slurry sealed within the limits of the grind and overlay when three or more trenches, cuts and/or potholes within a two-hundred (200) feet length, or as directed by the city.

(Ord. No. 2021-06, § 2(Exh. A), 8-17-21)