Article 2 — Operations Under Permit

A. Terms. By accepting a permit, the permittee agrees to comply with every mandatory provision of this chapter and each term and condition of the permit, including any subsequent requirements imposed by the Permit Officer for the safety and welfare of the public. B. Start date. The permittee shall begin the work authorized by a permit within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety (90) days or the time stated in the permit, the permit becomes void, unless before its expiration the time for beginning is extended in writing by the Permit Officer. C. Term of permit for temporary encroachment. A permit for a temporary encroachment is valid for a term of six (6) months from date of issuance, unless the permit specifies otherwise. D. Notification. The permittee shall notify the Permit Officer of the time of beginning work in advance of any work which includes: 1. Excavation; 2. Construction of concrete sidewalks, curbs, gutters, driveway approaches; 3. Planting, trimming or removing trees; or 4.

Making, placing or causing an obstruction in the right-of-way. (Ord. 03-04 § 2 Exh. A (part))

The permittee shall complete the work within the time specified in the permit. Unless this section is waived in the permit, the permittee shall notify the Permit Officer of the completion of all work. No work is considered complete until notice of completion is given under this section and approved as complete by the Permit Officer. (Ord. 03-04 § 2 Exh. A (part))

A. General. No permit is effective until a permittee deposits with the Permit Officer performance security in a sum to be fixed by the Permit Officer as sufficient to reimburse the city for its administrative costs, measured as fifteen (15) percent of the cost of the project, as well as the costs of: (1) restoring the right-of- way to current city standards, including but not limited to demolition and removal of any and all encroachments, regrading and resurfacing, and retaining walls or other supports required for the integrity of the traveled way; or (2) completing the work, at the option of the city, or both, if necessary. B. Form of security. The performance security shall be a cash deposit in a form and amount and on such reasonable terms as are acceptable to the Permit Officer. For projects exceeding one hundred thousand dollars ($100,000.00), in the discretion of the Permit Officer, the permittee may file with the Permit Officer an approved performance bond issued by a surety company authorized to do a general surety business in the state in an amount considered by the Permit Officer to be sufficient to cover the permittee's activities. C. Additional security. The Permit Officer may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition. D. Release of security. The Permit Officer shall release the performance security within ninety (90) days after satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit. E. Forfeiture of performance security. The performance security shall be forfeited to the city if work authorized by the permit is not completed within one (1) year after the permit's expiration date. (Ord. 03-04 § 2 Exh. A (part))

A. On the Work Site. The permittee shall keep the permit issued for temporary work at the site of work, or in the cab of a vehicle when its movement on a public street is involved. The permittee shall show the permit upon demand to the Permit Officer or law enforcement officer. B. Off-Site. A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business or residence of the permittee. The permittee shall make the permit available to an authorized representative of the Permit Officer or law enforcement officer within a reasonable time after demand. (Ord. 03-04 § 2 Exh. A (part))

A. General Safety Requirements. During construction, the permittee shall provide lights, barriers, warning signs, patrols, watchmen, and other safeguards necessary to protect the traveling public. An omission on the part of the Permit Officer to specify in the permit what lights, barriers or other protective measures or devices shall be provided by the permittee does not excuse the permittee from complying with requirements of law and appropriate regulations and ordinances to adequately protect the safety of the traveling public. If the Permit Officer finds that suitable safeguards are not provided, the city may provide the necessary safeguards or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee. B. Excavations and Obstructions. A permittee making an excavation or leaving an obstruction within, under or on the right-of-way, shall place lights at each end of the excavation or obstruction. The lights shall be maintained at not more than fifty- (50) foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed two hundred (200) and four hundred (400) feet from each excavation or obstruction, in a position adequate to warn public traffic. The warning signs, lights and other safety devices shall conform to Section 21406 of the Vehicle Code and of any sign manual issued by the State Department of Public Works. (Ord. 03-04 § 2 Exh. A (part))

If the work, use or encroachment authorized in a permit interferes with established drainage, the permittee shall provide for proper drainage as approved by the Permit Officer. (Ord. 03-04 § 2 Exh. A (part))

All work or use shall be planned and executed to cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized. No public highway may be closed or its use denied to the general public without the prior written permission of the Permit Officer, nor may use of private property outside the right-of-way be interfered with, without the consent of the owner. (Ord. 03-04 § 2 Exh. A (part))

A. Restoration. On completion of the work or when required by the Permit Officer, the permittee shall replace, repair, or restore the right-of-way. The permittee shall remove all obstructions, material and rubbish within the right-of-way and shall do other work as necessary to restore the right-of-way to a safe and usable condition, as directed by the Permit Officer. B. Duty to Inspect and Maintain. After completion of the work, the permittee shall exercise reasonable care in inspecting the area affected by the encroachment and shall maintain it in a safe and attractive manner. On notice from the Permit Officer, the permittee shall immediately repair any damage or nuisance in any portion of the right-of-way resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notice, the city at its option may perform the necessary work and the permittee shall pay the actual cost of labor and materials, plus fifteen (15) percent as administrative costs. (Ord. 03-04 § 2 Exh. A (part))

Right-of-way repair work under a permit shall conform to specifications established by the Permit Officer or, in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. Right-of-way repair work is subject to approval of the Permit Officer. Unless otherwise noted on the permit, right-of-way repair work performed on a public highway or right-of-way under the jurisdiction of the city shall conform to the construction specifications in the current edition of the Standard Specifications of the state of California, issued by the Department of Public Works, Division of Highways, as may be amended by the City Council. (Ord. 03-04 § 2 Exh. A (part))

No material shall be stored within five feet of a public highway. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the Permit Officer. (Ord. 03-04 § 2 Exh. A (part))

A. General. Utility, service and other small diameter pipes or rigid conduits shall be bored or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless specifically authorized in the permit. No tunneling is permitted except as specified in the permit. B. Minimum Cover. The minimum cover over all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet of earth or imported material, unless otherwise specified in the permit. Within the public highway, the minimum cover of three feet shall be measured from the surface. The Permit Officer is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structure or other engineering necessity. (Ord. 03-04 § 2 Exh. A (part))

Backfilling and compaction of an excavation shall comply with specifications established by the Permit Officer. (Ord. 03-04 § 2 Exh. A (part))

A. Other Agency Requirements. Clearances and types in the construction of poles and transmission line carriers shall comply with rules, regulations and orders of the Public Utility Commission and other public agencies having jurisdiction. B. Guy Wires. A guy wire may not be attached to a tree without specific authorization in the permit. In no event may a guy wire be attached to girdle a tree or interfere with its growth. Guy wires shall comply with the minimum elevation above the ground prescribed by the Public Utilities Commission. C. Complete Removal. When a pole, guy, stub, or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted. D. Vegetation Clearance. When ordered by the Permit Officer, the permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least five feet of poles. (Ord. 03-04 § 2 Exh. A (part))

When the location or position of an encroachment impairs visibility to vehicular traffic, the Permit Officer may require that the encroachment be painted or equipped with a reflector or other aid to visibility prescribed by the Public Utilities Commission or the State Department of Public Works at the expense of the permittee. (Ord. 03-04 § 2 Exh. A (part))

A. Unusual Activity in Right-of-Way. Before a vehicle or object of weight, dimension, or characteristic prohibited by law without a permit is moved on a public right-of-way, an encroachment permit must be obtained. B. Special Requirements. When authorized by an encroachment permit to move a vehicle or combination of vehicles or load of dimension, weight or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a road or highway, including: 1. Posted signs or notices which limit speed or direction of travel; 2. Weight which may be placed on a structure; 3. The width or height that may be moved; and 4. Other restrictions or control of travel on a road or highway. C. Safe Operation. The permittee shall operate the vehicle safely with respect to the convenient travel of the general public. The permittee shall keep safe and preserve the road over which movement is being made. A violation of this section shall automatically cancel the permit issued to the permittee. D. Exemption for Security Requirements. A special permit required for a vehicle under this section is exempt from performance security requirements of this chapter as provided by Vehicle Code Section 35782.

(Ord. 03-04 § 2 Exh. A (part))