Murrieta Municipal Code Ch. 15.54 Encroachment Permits Generally

A. Title for Citations. This chapter shall be known as and cited as the " city encroachment permit code."

B. Purpose and Intent. This chapter is to establish regulations to control encroachments into public property by requiring encroachment permits and to establish measures for the protection of life and property, including traffic and pedestrian safeguards. Additionally, this chapter defines construction standards, prescribes application procedures for encroachment permit issuance, establishes bonding and liability requirements and prescribes penalties for violations of its provisions.

C. Scope. This encroachment permit code sets forth minimum rules and regulations to control encroachment in the public right-of-way and establishes administrative requirements for issuance of permits and inspection of encroachment construction.

(Ord. 264 § 1 (part), 2002)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.

"Administrative authority" means the city manager of the city or his or her duly delegated representative.

"Construction standards" means the most current edition of the Standard Drawings of the City of Murrieta.

"City engineer" means the city engineer of the city of Murrieta or his or her designated representative.

"Emergency" is defined as unplanned events posing immediate threat to public safety or property damage such as leakage from natural gas mains, open flows from the sewer or water mains, and disruptions to telephone or electricity service, etc.

"Encroachment" means going upon, over, or under public property, or placing any facility upon, along,

across, over, or under public property, or using any public property in such a manner as to prevent, obstruct or interfere with the use of that public property. Encroachments include, but are not limited to buildings, fences, sports equipment not in use, signs, trees, plants, underground facilities and construction and landscape material or any excavations on public property.

"Excavation" means any opening under, in, or across the surface of public property made in any manner whatsoever, except an opening into a lawful structure below the surface of public property, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public property.

"Facility" means any pipe, pipeline, tube, hose, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, public improvement, or object of any kind or character, including a building, portion of a building, or any other structure, whether enumerated herein or not, which is or may be lawfully constructed, used, operated, left, placed, or maintained in, upon, along, across, under, or over any public property.

"Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place.

"Permit" means encroachment/excavation permit as referred to in this chapter.

"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use.

"Sketch" means a drawing that shows a concept or location of facilities.

Specification" means the Standard Specifications for Public Works Construction (current edition including all supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans.

"Substructure" means any pipe, conduit, duct, tunnel, buried cable or wire, or any other similar structure located below the surface of any public property.

"Utility" means a private company and/or corporation operating under regulation of the Public Utilities Commission, or municipal/county department or other governmental agency engaged in providing a particular service to the general public. (Ord. 264 § 1 (part), 2002)

This chapter shall be administered by the city engineer who shall have the responsibility and authority to:

A. Establish the form and procedures for application for encroachment permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits;

B. Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter;

C. Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter;

D. Issue encroachment permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare;

E. Consider and approve amendments, including extensions, of any encroachment permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property;

F. The city engineer shall, subject to the authority of the director of public works to administer and enforce the provisions of this chapter.

(Ord. 264 § 1 (part), 2002)

No person shall do any of the following acts without first obtaining a valid encroachment permit:

A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever;

B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by the city standard drawings or city policy within a public place; or place, change, renew an encroachment in, over, along or across or through any street right-of-way or public place excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys and anchors do not interfere with or lie within ten feet of existing improvements;

C. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub, or flower growing within any public place excepting necessary pruning or trimming to protect persons or property;

D. Construct or modify or cause to be constructed or modified, any storm drain or conveyor of drainage waters and appurtenant items within a public place;

E. Modify, alter or deface any block wall on or adjacent to public places;

F. Engage in any traffic-control operations in such a fashion as to affect any public place while constructing, demolishing or maintaining any facility;

G. Enter onto or exit from any public place at any location not approved and constructed as a driveway.

(Ord. 264 § 1 (part), 2002)

A. The administrative authority may issue utility permits to a utility to make excavations for the location of trouble in conduits or pipes, for making repairs thereto, or for emergency purposes. Utility permits shall be issued on an as requested basis.

B. Supplemental Telecommunication Facilities Encroachment Permit. The standards and regulations of this Section 15.54.050B shall apply to all telecommunication facilities as defined by the federal Telecommunications Act of 1996, the California Public Utilities Commission ("CPUC"), the California Government Code and the California Public Utilities Code (including but without limitation section 7901), which require a certificate of public convenience and necessity ("CPCN") or other license granted by the CPUC and are in addition to requirements found elsewhere in this chapter. For purposes of this section, "CPUC license" means a CPCN or Wireless Identification Number or other license which allows use of public right-of-way as granted by the CPUC.

The following provisions are applicable to any proposal to construct telecommunications facilities within the public rights-of-way:

1. The applicant shall apply for, and obtain, a supplemental telecommunication facilities encroachment permit in addition to any and all permits otherwise required by the municipal code.

2. In addition to any other permit submittal requirements, an applicant shall submit the following supplemental information:

a. A copy of the CPUC license, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city's public rights-of-way;

b. A copy of the certified environmental document for the CPUC license, including all mitigation measures as required by the CPUC pursuant to the required environmental analysis. The city's issuance of a permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon applicant. If no environmental determination has been made by the CPUC, the applicant shall submit any additional information required for the city to make such an environmental determination in compliance with the California Environmental Quality Act ("CEQA");

c. If the applicant has obtained a CPUC license to operate as a "competitive local exchange carrier," as defined by the Telecommunications Act of 1996, and is proposing a distributed antenna system the following additional requirements apply:

(i) The applicant shall file a supplemental application for wireless projects and distributed antenna system projects; and

(ii) The applicant shall provide a description of the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar year in which the application is filed; and

(iii) If the applicant's proposed construction project will extend beyond the existing utility rights-of-way into undisturbed areas or other rights-of-way, the applicant shall establish that it has filed a petition with the CPUC to amend its license and that the proposed construction project has been subjected to a complete environmental analysis by the CPUC or the city and shall provide a copy of the environmental determination, including any mitigation measures.

3. A supplemental telecommunication facilities encroachment permit may be approved only if consistent with the scope of the CPUC license and the requirements of this chapter.

4. The city reserves all rights that it now possesses or may later acquire with respect to the regulation of any telecommunications facility that is provided, or proposed to be provided. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this chapter, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority will be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations as defined by the Telecommunications Act of 1996.

5. The city engineer's approval of a supplemental telecommunication facilities encroachment permit for telecommunications facilities may be conditioned upon reasonable placement, operation and aesthetic restrictions so long as such conditions or restrictions do not violate the Telecommunications Act of 1996 or California law.

(Ord. 450 § 1, 2011; Ord. 264 § 1 (part), 2002)

A. An application form, provided by the administrative authority, shall be submitted before any encroachment permit is issued. The application shall contain the following information:

• 1. The name, address, and telephone number of the applicant;
• 2. The purpose of the proposed encroachment;
• 3. The location and dimensions of the proposed encroachment;
• 4. The approximate date on which construction is proposed to begin, if applicable;
• 5. The approximate duration of the construction;
• 6. The name and contractors license number of the person performing the construction;
• 7. Plans or sketches necessary to describe the construction;
• 8. The disposal site for material to be removed from the site;
• 9. The signature of the applicant;

10. Acknowledgment by the applicant that insurance, indemnification and performance security requirements must be satisfied prior to a permit being issued.

B. Upon review of the application, the administrative authority may impose conditions on the permit, in order to insure the safety of the public and to protect and preserve the public property. If the administrative authority denies the application, written notice shall be provided to the applicant.

C. The permit, if issued, will be prepared and issued when fees and deposits have been paid, insurance documents and performance security have been reviewed and accepted, and the applicant has signed the permit.

D. Each permit shall state a time when all the work to be done thereunder shall be completed. The administrative authority may grant extensions of time, provided satisfactory reasons therefor are presented by the applicant in writing.

(Ord. 264 § 1 (part), 2002)

Prior to issuance, all permit applications will be reviewed by engineering staff as to scope of work, duration and public impact, with a determination made as to whether or not Public Notice shall be required and the scope of the notification. At a minimum, when required, the notification shall be in the form of a flyer to be hand delivered to the affected residents at least forty-eight (48) hours prior to commencement of work and must include nature of work, estimated duration and a contact name and telephone number of the agency doing the work. A sample of the required notification must be submitted and approved by Engineering Staff prior to distribution.

(Ord. 264 § 1 (part), 2002)

Permittee shall commence work as stipulated in the encroachment permit and diligently pursue the work to completion without interruption within the time period required by the encroachment permit. Encroachment permits issued under this chapter shall be valid for the period of time specified in the encroachment permits, unless the city engineer grants a time extension.

(Ord. 264 § 1 (part), 2002)

A. The permittee shall perform the work in a timely manner, in accordance with approved plans, specifications and city standards; and to the satisfaction of the city engineer.

B. No person shall cause any public improvement or appurtenant work to be performed upon any public place within the city by any person other than a licensed contractor or a public utility.

C. Any works conducted requiring the temporary, partial or full closure of the traveled or pedestrian right-of-way shall not be commenced until the permittee has submitted and obtained city approval of a work area traffic control plan stipulating the date, time and provisions under which closure may be carried out.

D. All streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work on a daily basis. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours after having been notified, the work may be done by the city and the cost thereof assessed against the permittee's maintenance deposit and/or performance bond. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the city engineer.

E. All work affecting public improvements or public safety shall be inspected by the city engineer as follows:

1. No person shall prevent or obstruct the city engineer in making any inspection authorized by this chapter or in taking any sample or in making any test;

2. All work not in conformance with approved plans and specifications is subject to rejection by the city engineer.

(Ord. 264 § 1 (part), 2002)

A. The city engineer may deny the issuance of a encroachment permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the city for past permit violations or who in the judgment of the city engineer has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety.

B. The city engineer may deny the issuance of an encroachment permit to any person who refuses to execute the encroachment permit.

C. Any permittee found in violation of the conditions of an encroachment permit or the provisions of this chapter shall be given a written notice to comply stipulating the code violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been implemented, the city engineer may revoke the encroachment permit and take any measures required to secure the work site or return the work site to its original condition. The cost of such work may be collected through assessment against the permittee's maintenance deposit and/or performance bond with any additional funds required collected from the permittee.

(Ord. 264 § 1 (part), 2002)

The administrative authority shall collect a permit fee and deposits to cover the cost incurred by the city. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans for compliance with the ordinance codified in this chapter and other ordinances, facility indicator costs, field inspections conducted to insure compliance with the terms and conditions under which the encroachment permit was issued and any other expense that is reasonably related to the additional cost that the city may incur as the direct result of the application or as allowed under law. Fee/deposit schedules shall be established by resolution of the city council.

(Ord. 264 § 1 (part), 2002)

A. As a condition of issuance of an encroachment permit, the city engineer may require posting of a maintenance deposit and/or performance bond or an equivalent security in a form acceptable to the city attorney. The city engineer may require that up to one hundred percent of any deposit be submitted in the form of a cash deposit. The cash deposit may be used at the discretion of the city engineer to provide for traffic-control, restoration of public facilities or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely manner to provide for the public health, safety or welfare. The maintenance deposit and/or performance bond shall otherwise be for the purpose of guaranteeing performance of work contemplated under the permit.

B. The amount and nature of the deposit shall be established by the city engineer based on the size, duration, and/or nature of the encroachment.

C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to the permittee and any other bonds or security instruments shall be released upon written request to the chief public works inspector. Securities shall be processed for release no sooner than thirty (30) days after the city deems project complete.

D. If any deposit or security is not sufficient for the protection of the public interest in the public places, the city engineer may require an additional deposit or an increase in the security in such amount as he or she determines necessary. The permittee shall, upon demand, deposit the additional cash or security.

Upon failure or refusal to pay, the city engineer may revoke the permit, issue a "Stop Work Notice" and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee.

E. Where work is to be done by persons or utilities operating under a franchise issued by the city or regulated by the state Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be liable for the actual cost of any work to be done by the city in restoring the area covered by the permit to the satisfaction of the city engineer.

(Ord. 264 § 1 (part), 2002)

When any encroachment authorized hereunder is found to be in conflict with the use of public property or existing or proposed facilities owned, maintained, or operated by the city, such encroachment shall, upon written notice by the city, be relocated in such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. If the permittee fails to comply with said written notice within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee.

(Ord. 264 § 1 (part), 2002)

A. Work Area Traffic Control Plan. When the proposed work, emergency or scheduled, causes an impact to existing traffic operations, the applicant shall submit a "Work Area Traffic Control Plan" for review by the city engineer. (Note: Per the recommendation of the city engineer, additional plans may be required.)

B. For emergency purposes, the city will allow work to proceed while the "Work Area Traffic Control Plan" is being reviewed. If the plan is found insufficient, a "Stop Work Notice" will be issued and in effect until such time that an acceptable plan is submitted.

C. It shall be the duty of every person undertaking any encroachment, to place and maintain barriers and warning devices necessary for safety of the general public and to comply with the provisions of the conditions of the encroachment permit.

D. For excavations over five feet in depth, blasting operations, and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by state or federal safety regulations.

E. Barriers, signs, lights, etc., shall conform to the requirements of the Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways, issued by the state of California Department of Transportation, and to any additional requirements specified by the administrative authority.

F. Permittee shall take appropriate measures to assure that during the performance of construction work on streets, traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Permittee shall conform to the requirements of the standard construction specifications.

G. When traffic conditions permit, the administrative authority may by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her. The written approval of the administrative authority may require that the permittee provide approved detours and give notification to various public agencies and to the general public. In such cases, the written approval shall not be valid until notice is given.

(Ord. 264 § 1 (part), 2002)

The encroachment shall be performed and conducted so as to not unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment designated by the administrative authority. Permittee shall provide alternate services or provisions if the process of work and its interference with said structures cannot be avoided.

(Ord. 264 § 1 (part), 2002)

A. Permittee shall inform themselves as to the existence and location of all facilities likely to be encountered by their operations.

B. Unless the law otherwise provides, relocation of an existing facility shall be performed in accordance with a plan approved by the owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee and is approved by the city.

C. All facilities affected by any excavation or other construction work shall be supported and protected by the permittee with methods approved by the owner of the facility. Should an existing facility be damaged by the permittee's operations, and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility, the permittee shall promptly notify the owner of the damaged facility. All facilities damaged by permittee's operations shall be repaired as directed by the owner and the expense of such repairs shall be charged to the permittee.

(Ord. 264 § 1 (part), 2002)

A. Whenever a facility is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling or having an interest therein, shall file with the administrative authority a drawing or written statement indicating, in detail, the location of the facility so abandoned. At the time of such abandonment, the administrative authority may determine what portion, if any, of the abandoned facility shall be removed or otherwise treated.

B. Whenever a driveway approach is abandoned, or can no longer be justified by the use made of the abutting property, the administrative authority may require removal of any associated driveway, apron, or curb depression, and restoration of any existing curb, gutter or sidewalk across the driveway width.

(Ord. 264 § 1 (part), 2002)

A. The administrative authority may require the permittee to haul away any excavated material and the permittee shall be responsible for securing any necessary disposal sites. In addition, the permittee shall anticipate, and make provisions for abatement of, dust and dirt nuisances resulting from its operations. All excavated material shall be stockpiled, disposed of, and all clean up performed in a way that conforms to local, state, and national pollution control regulations. Stockpiled material shall comply with NPDES provisions.

B. Whenever permittee is hauling away material from the encroachment site, proof of proper disposal shall be required by the administrative authority prior to final inspection or return of security.

(Ord. 264 § 1 (part), 2002)

As the permitted work progresses, all public properties shall be thoroughly cleaned of all rubbish, earth, rock and other debris resulting from the work. All clean-up operations at the location of the encroachment shall be accomplished at the expense of the permittee to the satisfaction of the administrative authority. Work area shall be cleaned on a daily basis and maintained in a clean and safe manner.

(Ord. 264 § 1 (part), 2002)

The permittee shall provide and maintain adequate waterways for all surplus water, including stormwater, run-off pumped from excavations, flushings or other water resulting from permittee's operations. All water leaving the site shall conform to National Pollution Discharge Elimination System and local, state and federal laws and regulations regarding pollution prevention.

(Ord. 264 § 1 (part), 2002)

After a project is commenced, the permittee shall diligently pursue all work covered by the encroachment permit, promptly complete all work, and restore the public property, as near as practicable, to its original condition to avoid obstructing the public property more than is reasonably necessary.

(Ord. 264 § 1 (part), 2002)

When, in the judgment of the administrative authority, the safety or convenience of the public or the public interest requires that encroachment work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that an adequate size crew and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such work may be completed as soon as practicable.

(Ord. 264 § 1 (part), 2002)

Nothing in this chapter shall be construed to prevent the making of excavations or the performance of work necessary for the preservation of life or property, or for the location of trouble in conduit or pipe, or for making repairs, provided that the person undertaking such work shall apply to the administrative authority for a permit on the first working day after the work is commenced.

(Ord. 264 § 1 (part), 2002)

No monument set for the purpose of locating or preserving the lines of any street, property or subdivision, including precise survey reference points or permanent survey bench marks within the city, shall be removed or disturbed by any person who has not first obtained written permission from the administrative authority. Permission to remove, disturb or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under the supervision of a registered engineer or licensed land surveyor. Any expenses incurred by the administrative authority for the proper replacement of monuments shall be paid by the permittee.

(Ord. 264 § 1 (part), 2002)

The administrative authority shall make inspections and shall establish rules and regulations reasonably necessary to enforce and carry out the intent of this chapter.

(Ord. 264 § 1 (part), 2002)

The applicant for an encroachment permit, as a condition to receiving an encroachment permit, shall sign a statement that he or she agrees to indemnify and hold harmless the city, and each officer and employee thereof, from any liability or responsibility for death or injury to persons and loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any encroachment permit granted pursuant to the application. The applicant shall be required to provide proof of liability insurance in the amount of at least one million dollars ($1,000,000.00) and shall name the city as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the city. Any deductible or self-insured retention under the insurance policy shall be in an amount acceptable to the city. (Ord. 264 § 1 (part), 2002)

This chapter empowers the administrative authority with the right to cancel any permit for good and sufficient cause, including violation of any provision of this code or noncompliance with any encroachment permit condition.

(Ord. 264 § 1 (part), 2002)

A. In the event the application for the permit is denied in whole or in part or the conditions imposed by the administrative authority are unacceptable to the applicant, the applicant may appeal his or her decision to the city council within ten days of receiving notice of the decision.

B. Appeals shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk within ten calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.

C. The city council shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this encroachment permit code, to reverse, modify or otherwise alter the determinations and orders of the city engineer made pursuant to the procedures authorized in this chapter, under such rules and regulations as the city council, may, from time to time, adopt. The city engineer shall not participate in the decision of the city council in such cases. If the city council is unable to render a decision, the hearing officer's decision will be considered to be upheld.

D. The city council's decision on an appeal shall be furnished in writing to the appellant and to the city engineer, and all such decisions shall be final immediately.

(Ord. 264 § 1 (part), 2002)

It is unlawful for a person to place, erect or maintain or to permit the placement, erection, maintenance or existence of any encroachment after his or her permit has expired or after his or her permit has been revoked and the time specified in the notice from the city clerk for removal of the same has expired.

(Ord. 264 § 1 (part), 2002)

Any person whose property encroaches in any manner upon, over or under any public property who has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the city demanding removal. Notice of removal shall be by certified mail addressed to the post office address of the owner or occupant of the premises where the encroachment exists, by personal service of such notice upon the owner or occupant, or by posting the notice on the premises. The time required for the removal of the encroachment shall be specified in the notice, and shall be a reasonable time considering danger, risk and size of job.

(Ord. 264 § 1 (part), 2002)

A. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when an emergency existed which made impractical to first obtain the permit. The determination of the existence of an emergency shall be solely within the discretion of the city engineer using the definition of emergency in this chapter as a guideline. A violation shall result in an assessment of additional fees for work done prior to permit issuance. The fee shall be the actual cost to the city resulting from illegal activities performed by the applicant, his or her assignee, or his or her employee. Payment of additional fee shall not relieve any person from fully complying with the requirements of this code nor from other penalties prescribed in this code. (Ord. 264 § 1 (part), 2002)

The city and its employees, acting in their official capacity, are exempt from the requirements set forth in this chapter.

(Ord. 264 § 1 (part), 2002)