Martinez Municipal Code Ch. 12.12 Permits and Fees

The written permits required by Chapters 12.04 through 12.20 shall be issued by the engineer for any lawful use, subject to conditions set forth in Chapters 12.04 through 12.20 and required by law. The engineer shall prescribe and provide a regular form of application for a permit required by Chapters 12.04 through 12.20. The application form shall contain space for the applicant's name, address, and contractor's name, license number, and primary place of business, if applicant proposes to employ a contractor, together with such detail as in the judgment of the engineer is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the engineer.

(Prior code § 4213)

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 engineer, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment, and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on such map, plat, sketch, diagram or similar exhibit and these items will become an integral part of the permits.

(Prior code § 4214)

The applicant shall also enclose with, attach to, or add to the application, copies of the written order or consent to any work thereunder, required by law, of the Public Utilities Commission, sanitary district, water district or any other public body having jurisdiction. A permit shall not be issued until and unless such order, or consent, if required, is first obtained and evidence thereof filed with the engineer. The permittee shall keep himself adequately informed of all State and Federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders; and shall protect and indemnify the City and all of its officers, agents and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by himself or his agents or employees.

(Prior code § 4215)

Before a vehicle or combination of vehicles or objects of weight or dimension or characteristic prohibited by law without a permit is moved on any public right-of-way, a permit to do so must first be granted by the engineer as set forth in specifications adopted by resolution of the City Council.

(Prior code § 4216)

The permittee shall begin the work or use authorized by a permit issued pursuant to Chapters 12.04 through 12.20 within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not commenced within ninety (90) days or within the time stated in the permit, then the permit shall become void, unless prior to its expiration, the time for commencement has been extended in writing by the engineer. A permit for temporary encroachment, as determined by the engineer, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from date of issuance, unless the permit specifies otherwise, or unless sooner termination by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the engineer is mailed thirty days prior to the date of termination. A permit valid for one year from date of issuance, unless specified otherwise, may be issued to public utilities for the replacement and repair of existing utility poles and anchors, installation of additional facilities on existing utility poles, placement of not more than four consecutive additional poles at any one location, and the installation of minor underground facilities.

(Prior code § 4217)

Prior to the issuance of any encroachment permit, the applicant therefor shall file a certificate and/or endorsement(s) of insurance evidencing coverage for bodily injury and/or property damage liability in an amount and in a form satisfactory to the City Attorney.

(Ord. 1085 C.S. § II, 1987)

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

(Prior code § 4218)

No permit issued pursuant to Chapters 12.04 through 12.20 is transferable. The person or persons, public agency, firm or corporation actually making and/or maintaining the encroachment shall obtain the permit and furnish the bond.

(Prior code § 4219)

A. The permittee shall keep any permit or copy thereof issued pursuant to Chapters 12.04 through 12.20 at the site of work, or in the cab of a vehicle when movements thereof in a public street are involved, and the permit must be shown to any authorized representative of the engineer or law enforcement officer on demand.

B. A permit issued for continuing 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 engineer or law enforcement officer within a reasonable time after demand therefor is made.

(Prior code § 4220)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except on written authorization by the engineer, except that no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

(Prior code § 4221)

A. The schedule of fees will be those recommended by the engineer and established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the engineer for payment to the treasurer of the City, 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 City Council.

B. Public utilities and political subdivisions may, at the engineer's option, make payment of the charges herein as billed by the City instead of advance deposit as required.

(Prior code § 4222)