Redwood City Municipal Code § 29.13 No Pavement Cuts in New Streets

Footnotes:

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Editor's note— Ord. No. 2390, § 2, adopted Jan. 28, 2013, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 29.15—29.33, pertained to construction of sidewalks and driveways. See the Ordinance List and Disposition Table and the Code Comparative Table and Disposition List for full derivation.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning, another division of this Chapter provides a different meaning, or an existing license/franchise or use agreement has specific definitions approved as part of its terms:

CITY PROPERTY: Any public place of any type whatsoever and any property owned, maintained or controlled by the City, now or hereafter existing as such within the City, including the surface of and the space above and below such property.

DEPARTMENT: The Engineering and Transportation Department.

DIRECTOR: The Director or Director's designee of the Engineering and Transportation Department.

ENCROACH or ENCROACHMENT: Includes, but is not limited to, the performance of any of the acts listed herein below, in, on, under or above the surface of any City property or right-of-way, as defined in this Chapter:

(1) Excavating, filling or disturbing the surface.

(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, news stand, mailbox, pipe, conduit, wire or other structure.

(3) Planting any tree, shrub, grass or other growing thing.

(4) Placing or leaving any rubbish, brush, earth or other material of any nature whatsoever.

(5) Constructing, placing, or maintaining any pipe, conduit, wire, and cable or telecommunication facility.

(6) Traveling by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit.

(7) Lighting or building a fire.

(8) Constructing, placing, planting or maintaining any structure, embankment, excavation or other objects adjacent to a right-of-way or watercourse which causes or will cause an encroachment.

(9) The application of paint or other marking materials.

(10) Providing valet parking, including without limitation the establishment of a valet parking station and/or a valet parking zone or the storing of downtown business patrons' vehicles.

(11) Providing, operating, or maintaining, outdoor business activity within the right-of-way.

HIGHWAY: Has the same meaning as right-of-way as defined below.

NEW STREET: For the purposes of this Chapter, a street is considered "new" when it is first constructed, when it is reconstructed or when it is renovated. The Community Development Director/designee shall determine the date of completion for new streets and the date each street was last reconstructed or renovated, based on the date the street was opened or reopened for traffic.

OUTDOOR BUSINESS ACTIVITY: The act of a business establishment providing goods and services within the right-of-way through creation of a parklet and/or sidewalk cafe, including, but not limited to, retail, dining, and personal services, all of which are subject to City review and approval in compliance with the Outdoor Business Activity Program Guidelines as set forth in Volume III of the Engineering Standards.

PARKLET: A sidewalk extension, typically installed on public parking spaces or other parts of the right-of-way that are not part of the existing sidewalk that provides more space and amenities for outdoor business activity operated and maintained by the business establishment conducting the outdoor business activity.

PUBLIC PLACE: Has the same meaning as city property as defined herein.

PUBLIC WAY: Has the same meaning as right-of-way as defined below.

RECONSTRUCTION: Completely rebuilding a street by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material and then completely re-paving the street.

RENOVATION: A major rehabilitation including overlay or similar roadway improvement work that physically modifies the surface of the roadway prior to applying a new roadway surface or other similar work as determined by the City Engineer.

REPAIR: Includes the construction, reconstruction, replacement, restoration, overlay or improvement of any walkway, driveway, street or right-of-way.

RIGHT-OF-WAY: The surface of and the space above and below any street, road, highway, right-of-way, alley, easement, public utility easement, pathway, sidewalk and other public way, including driveway, curb, gutter, paving or other surface and subsurface drainage structure or facility and any public place, or City property, now or hereafter existing as such within the City.

SIDEWALK CAFE: An outdoor area located within the right-of-way and the sidewalk area which is used to provide more space and amenities for outdoor business activity operated and maintained by the business establishment conducting the outdoor business activity.

STREET: Has the same meaning as right-of-way.

WALKWAY: Includes, but is not limited to, a park or parking strip maintained in the area between the property line and the curb line and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any street within the City.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22; Ord. No. 2540, § 4(Exh. A), 7-22-24)

A. No person shall encroach nor place any encroachment upon, over or under the surface of any right-of-way or City property for any purpose whatsoever, without first obtaining a permit from the City in accordance with the provisions set forth herein.

B. No person shall excavate, erect, construct, place or maintain any pipe, conduit, wire, cable or other structure, on, over or under the surface of any right-of-way or City property, for any purpose whatsoever, without first obtaining a permit from the City in accordance with the provisions set forth herein.

C. No person shall erect, place, display, maintain or use any obstruction, booth, stand, counter, furniture, sign, flag or temporary or permanent fixture upon any right-of-way or City property, for any purpose whatsoever, without first obtaining a permit from the City in accordance with the provisions set forth herein.

D. No work of any nature shall be performed in any right-of-way or City property, without first obtaining a permit from the City in accordance with the provisions set forth herein. The Department shall provide the forms for, and set forth the rules, regulations and procedures governing the issuance of, permits.

(Ord. No. 2390, § 3, 1-28-13)

A. Developers may, at the option of the City, be required to comply with the permit requirements of this Chapter through an improvement agreement with the City.

B. The placement of traffic-control markings on pavements and curbs by the City, and the marking of pavements, curbs and sidewalks by utility companies, engineers and surveyors to indicate the location of underground utility lines and monuments in connection with surveying and design, may be done without a permit. However, all other pavement, curb and sidewalk marking require a permit.

C. An encroachment permit for public utilities and other continuing uses may contain provisions allowing continuing maintenance of the permittee's facilities in the right-of-way or City property without securing a new and separate permit for each maintenance activity.

D. This Chapter does not prevent any person from maintaining any pipe or conduit lawfully on or under any right-of-way or City property, or from making excavations necessary for the preservation of life or property when an urgent necessity therefor arises while City offices are closed. A person making an emergency use or encroachment on a right-of-way or City property shall apply for a permit therefor within one calendar day after the offices of the City are opened and shall pay all applicable fees, perform required pavement restoration and comply with all other applicable requirements of this Chapter.

E. The City of Redwood City is not required to obtain permits from itself pursuant to this Chapter. Further, contractors or other persons performing work under contract with the City or on behalf of the City in the City street may comply with the permit requirements of this Chapter through their contract with the City.

(Ord. No. 2390, § 3, 1-28-13)

The requirements of and process for permits regarding the following encroachments is set forth in the chapters listed below:

A. Permits for Newsstands shall be applied for, processed and governed by the provisions of Chapter 43 of this Code.

B. Permits for Special Events, Block Parties and other Temporary Uses as defined in Chapter 33A, including, but not limited to, Temporary Use of Courthouse Square (as defined in Section 33A.37) shall be applied for, processed and governed by the provisions of Chapter 33A of this Code.

C. Permits for Signs on Public Property, including banners, shall be applied for, processed and governed by the provisions of Chapter 3, Article III of this Code. Portable signs within the Downtown Precise Plan Area are governed under Chapter 33A, Article II of this Code.

D. Permits for Temporary Exclusive Use of Park Buildings or Recreational Areas shall be applied for, processed and governed by the provisions of Chapter 25 of this Code.

E. Permits to cut, trim, prune, remove or plant trees on both private property and on public streets and public ways shall be applied for, processed and governed by the provisions of Chapter 35 of this Code.

F. Permits for encroachments and use of the Harbor (as defined in Section 44.2 of this Code) and the Port Area (as defined in the Redwood City Charter) shall be applied for, processed and governed by the provisions of Chapter 44 of this Code and the Ordinances and Regulations of the Port Authority.

G. Permits for all other encroachments and use of right-of-way or City property shall be applied for, processed and governed by the provisions of this Chapter.

H. Notwithstanding any other provision in this Municipal Code, a state franchise holder (as defined in Section 11.74 of this Code) shall apply for and obtain a permit in accordance with the provisions of this Chapter 29 prior to occupying or commencing any work or use of a right-of-way or City property.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

A. The Department shall prescribe and provide a regular form of application for permits required by this Chapter. The application shall show such information and details as the Department deems necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.

B. The application shall be accompanied by construction plans, engineered designs, maps, sketches, diagrams or similar exhibits as required by the Department. The same shall be of the size and in the quantity prescribed by the Department and of sufficient clarity to illustrate the method of construction, design, location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way.

C. The application shall also include information concerning the supervision and safety precautions to be employed, including the erection of barricades, warning lights, signals and signs, and the employment of personnel to direct traffic. If any lanes of traffic will be closed, the applicant shall also submit and obtain approval of a traffic control plan.

D. Prior to and as a condition to approval of an encroachment permit pursuant to this Chapter, the applicant shall submit to the Department copies of any and all other licenses, permits or approvals required by the City or any other governmental agency or other private party.

E. No substantial changes shall be made in the plans, design, location, dimensions, character or duration of the encroachment or use as granted by the permit except upon written authorization of the City. Unapproved changes shall subject the permittee to penalties as provided by resolution of the City Council, in the encroachment permit, and/or in the agreement authorizing permittee to use the right-of-way. The City may require the removal of all work done or facilities installed without a permit or not in compliance with the conditions of a permit.

F. The applicant shall submit with the application for encroachments permit those fees established by the City Council as set forth in more detail in Section 29.26 of this Code.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

An encroachment permit shall not be issued until all required licenses, permits or approvals are first obtained and certification thereof filed with the City. However, some very complex encroachment permits for proposals requiring other permits or approvals from the City may, at the discretion of the Department, be processed simultaneously with the application for the other approval(s). A license agreement in the form prescribed by the Department is required for any outdoor business activity, which the City Engineer is authorized to execute.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

A. Applications for encroachment permits and all documents and other information required to be submitted will be reviewed by such City staff or retained consultants as deemed necessary by the Department. Based on such review, and in the exercise of reasonable discretion as permitted by law, the encroachment permit application may be approved, conditionally approved or denied by the Department. If the Department finds that the application is in accordance with the requirements of this Chapter and all other applicable requirements of this Code, and complies with all applicable City rules and regulations, including, but not limited to, the Redwood City Engineering Standards, and all applicable state and federal laws, including the requirements of Division 13 of the California Public Resources Code, Section 21000 et seq., and following (the California Environmental Quality Act) it may issue a permit for the use or encroachment, attaching such conditions as are necessary for the health, safety and welfare of the public, including, but not limited to, aesthetic considerations. If the Department finds the application is in conflict with the provisions of this Chapter or any other provision of this Code or any state or federal law, the permit shall be denied and the applicant given written reasons for the denial. No permit is valid unless signed by an authorized representative of the City. Notwithstanding the foregoing, the City Engineer may, in consultation with the Building Official, approve minor deviations from the Outdoor Business Activity Program Guidelines if the deviation is consistent with the intent of the Guidelines and does not create a health or safety hazard.

B. Applications by a state franchise holder (as defined in Section 11.76 of this Code) shall be approved, conditionally approved or denied within sixty (60) days after the City receives a complete permit application from the state franchise holder. Completeness shall be determined by the Department.

C. If the Department denies an application for a permit, the Department shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22; Ord. No. 2540, § 4(Exh. A), 7-22-24)

Any person may appeal a decision made under this Chapter to the City Manager or their designee by submitting a written appeal within ten (10) days of the date of notice of such decision. Failure to appeal in writing within the prescribed time constitutes a waiver of the right to appeal. The City Manager or their designee will make a determination on the written appeal. The determination of the City Manager or their designee shall be a final decision of the City.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22; Ord. No. 2540, § 4(Exh. A), 7-22-24)

The issuance of a permit pursuant to this Chapter is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, or in any particular manner of placement within the rights-of-way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place all its facilities underground, upon reasonable notice to the permittee. A permit to provide, operate, or maintain outdoor business activity may be revoked and the permittee required to remove all encroachments, pursuant to the noticing and timeline identified in Section 29.21.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

A. Indemnification. No encroachment permit shall be issued until the permittee has executed and filed with the City an indemnity agreement satisfactory to the City Attorney. The permittee shall be responsible for and indemnify the City from all claims, demands, expenses or liability, including but not limited to, personal injury and property damage arising out of or related to work performed by the permittee under the permit, arising out of the failure on the permittee's part to perform work under the permit, or arising from or caused by the structures or encroachments placed in, on or under the City's right-of-way. If any claim of such liability is made against the City, its City Council, officers, officials or employees, permittee shall defend, indemnify and hold the City, its City Council, officers, officials and employees, harmless from such claim.

B. Insurance. No encroachment permit shall be issued until and unless the applicant has filed and maintained on file with the City evidence of self-insurance satisfactory to the City or a certificate of insurance demonstrating sufficient public liability and property damage insurance coverage issued by an insurance carrier authorized to do business in the state, insuring the applicant and the City and its agents, against loss by reason of injuries to, or death of persons, or damages to property arising out of or related to work performed by the applicant, its agents or employees while performing any work under the permit, arising out of the failure on the permittee's part to perform work under the permit, and arising from or caused by the structures or encroachments placed in, on or under the City's right-of-way. Such insurance shall be primary and provide coverage for all liability assumed by the applicant under subsection A of this Section and shall be provided by the permittee in minimum amounts as required by the City's Risk Manager.

C. Performance Bonds or Other Financial Security. The Department may require, as a condition of issuing any encroachment permit, applicant to post performance bonds or other approved financial security to ensure satisfactory completion of any work to be performed in, on or under any right-of-way or City property and to insure adequate maintenance of encroachments.

D. Commencement of Work. The permittee shall begin the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not so begun, then the permit shall become void. The permittee shall complete the work or use authorized by the permit within the time specified in the permit. Where an encroachment involves a permanent/long-term installation or obstruction, conditions so specified in the permit, license or other agreement with the City shall remain in effect until the construction or obstruction is removed.

E. Term. All permits shall specify the time, not longer than one year, within which work or construction in the right-of-way or on City property must be completed. Permits for continued use of the right-of-way or City property, shall be issued for a specified period of time. All permits may be renewed or extended at the City's discretion and only upon such terms as are consistent with the provisions of this Chapter.

F. Relocation. Any encroachment, including but not limited to pipes, conduit, wire, cable, appurtenances or other structures or facilities, installed or maintained in, on or under any right-of-way or City property, shall be relocated, at the sole expense of the permittee, as may be necessary for public necessity or convenience. Such relocations shall be under the same terms and conditions as the initial installation allowed, pursuant to permit. The Department will not exercise the right to require such relocation in an unreasonable or arbitrary manner.

G. Assignment. Encroachment permits shall be applied for by and issued to the person or company who will make use of the permit and not exclusively to the contractor, who has been employed to construct the improvements. For outdoor business activities, if the applicant is not the property owner, the applicant shall demonstrate, to the satisfaction of City staff, that the owner was notified of the permit application. Written consent of the adjacent business owner and the adjacent property owner is required for extending the sidewalk café or parklet into the frontage of the adjacent property, as well as for construction or staging purposes in the adjacent frontage. However, all contractors and subcontractors who will be performing work in the right-of-way or City property shall be named and identified in the encroachment permit application. Permits may be applied for and issued to applicants, owners, and contractors jointly so that the contractor's insurance and bonds will protect the City thus not requiring the owner to obtain separate insurance and bonds, in which case, the contractor's insurance and bonds shall name the owner as an additional protected party. For outdoor business activities, the business operating in the right-of-way shall maintain insurance coverage as required by the City for the duration of the outdoor business activities. The rights granted by the permit shall not be assignable or transferable without the express prior written consent of the Department. Applications for such transfers shall contain the same information as required herein for an initial encroachment permit application.

H. Improvement Agreement. In any case where the City Engineer estimates that the cost of the work will exceed two thousand dollars ($2,000.00), or that a dangerous or hazardous condition will be created by the doing of the work, whether to persons or to property, the Department may require that the applicant enter into an improvement agreement with the City on such terms and conditions as may be approved by the City Council.

I. Supplemental. The Department may require additional conditions for the issuance of a permit as are applicable and necessary to meet specific situations, for public safety and to insure compliance with this Chapter and all other City, state or federal regulations.

J. Acceptance. Acceptance of any permit granted under the provisions this Chapter shall not become effective until written acceptance thereof shall have been filed by the permittee with the Department. By accepting this permit, the permittee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the City of Redwood City, and the permit.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22; Ord. No. 2540, § 4(Exh. A), 7-22-24)

A. All work done, uses made and installations of facilities, under such permits, shall be to the satisfaction of the City and shall be in accordance with the terms and conditions of the encroachment permit, all adopted regulations, standards and specifications of the City including the regulations and specifications for pavement restoration, all applicable state and federal regulations and the latest edition of applicable industry construction manuals, such as AT&T Manual of Construction (Blue Book) as an example. All work done and use made pursuant to such permits shall be performed in a manner consistent with high industry standards. The Department may require a permittee to retain an approved utility line identification or locator service such as Underground Service Alert or California Digalert.

B. In the event of a conflict among construction codes and standards, the most stringent code or standard shall apply (except insofar as that standard, if followed, would result in a system that could not meet requirements of federal, state or local law). Where there is a conflict in construction standards, the City Engineer shall be responsible for making the final determination as to which standard to apply.

C. Permittee shall at all times employ reasonable care, within the meaning of applicable law, and shall install and maintain in use, commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public. Without limiting the foregoing, all permittee's facilities located on public property shall be constructed, operated and maintained in accordance with good engineering practices and performed by experienced and properly trained maintenance and construction personnel.

D. All permits issued after the effective date of this ordinance shall require private utilities, telephone, electrical, cable and communications facilities to be installed underground, except for equipment appurtenant to underground facilities, as approved by the City and found to be required to be located above ground, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. However, in those areas where poles now exist and electric and telephone lines are now overhead, permittee may install facilities overhead if using the same poles. Whenever and wherever the owner of the poles moves its plant from overhead to underground placement in an area, all permittee's facilities must be relocated and moved underground as directed by the City Engineer, at permittee's expense, and in accordance with then-existing City practices, policies and regulations. This exception shall not apply within an underground district where all facilities must be installed underground.

E. Permittee shall locate, construct, operate and maintain its facilities in such a manner that they: (1) will not endanger or interfere in any manner with the public rights-of-way; (2) will not interfere with legal rights of any property owner; (3) will not unnecessarily hinder or obstruct pedestrian or vehicular traffic; (4) will not interfere with City facilities; (5) will not interfere with any gas, electric, telephone, telecommunications, water, sewer, or other utility facilities already located in the right-of-way; and (6) will not obstruct or hinder in any manner other entities' previously approved use of any public rights-of-way.

F. Permittee shall, to the satisfaction of the City, repair all water and sanitary service lines, streets, sidewalks, curbs, gutters or other public or private property, structures, improvements or facilities disturbed or damaged by construction or operation pursuant to the permit. All such repairs shall be done in accordance with City standard specifications, details and requirements of the Department.

G. Construction Signs Required for Work. Whenever any work is being done in the City streets, for which approval by the City of a traffic control plan is required, the person or persons performing such work shall maintain at the site of such work at all times during which any such work is being done, signage meeting the requirements set forth in the City's Engineering Standards.

H. A condition of any street cut permit shall be that the permittee reconstruct, renovate and/or repair the damaged street to its prior condition, as if the pavement had not been cut, even if that means complete reconstruction of the entire length of the street recently reconstructed by the City for new or newly surfaced streets, as specifically directed by the City Engineer/designee and all in accordance with City Engineering standards. However, the applicant may elect to pay the Pavement Damage Restoration Fee established by City Council Resolution, in an amount, when pooled with such fees paid by others, sufficient to allow the City to perform final repairs of pavement in streets damaged by street cuts. In the event the applicant chooses to pay the Pavement Damage Restoration Fee, then the permittee need only repair the street as directed by the City Engineer/designee sufficient to perform and endure until the next City resurfacing or reconstruction. All restoration and repair of streets damaged by pavement cuts shall be done in accordance with the City's Engineering Standards and as more specifically directed by the City Engineer/designee.

(Ord. No. 2390, § 3, 1-28-13)

A. Permission to excavate in new streets shall not be granted, and no street cut permit shall be issued, for five (5) years after completion of street construction, reconstruction, renovation, or major rehabilitation, including a pavement overlay. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in new streets. Exceptions to the above are as follows:

1. Emergency which endangers life or property.

2. Interruption of essential utility service.

3. Work that is mandated by City, county, state or federal legislation.

4. Service for buildings where no other feasible means of providing service exists.

B. In the event an exception is granted by the Department pursuant to subsection A above, a condition of such street cut permit for cutting the pavement of a street within such five (5) years after construction, reconstruction or renovation, shall be that the permittee reconstruct such street completely rebuilding, by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material and then completely re-paving the street, for a minimum of the full width of all lanes impacted by the cut(s) (outside lane includes to the curb) and extending the entire length of the recent reconstruction by the City or for a length determined by the City Engineer to be sufficient to restore the street to its new condition, as if it had never been cut, or as more specifically directed by the City Engineer/designee. For recently renovated streets the City Engineer may allow the permittee to restore the street to its former condition by resurfacing the street to the same extent as was performed by the City, except that the asphalt or surface material installed by the City must first be removed by the permittee to a depth as directed by the City Engineer. Alternatively, a permittee may choose to pay the Pavement Damage Restoration Fee established by City Council Resolution, in which event, the City Engineer shall authorize a repair less than full and complete reconstruction of the entire newly reconstructed street. All permits which are issued pursuant to this Chapter shall be in accordance with the City of Redwood City Engineering Standards and as specifically directed by the City Engineer/designee.

C. If a pothole is cut smaller than one square foot, the City Engineer may authorize repairs less than full reconstruction and no Pavement Damage Restoration Fee will be required to be paid by permittee. This exception does not apply when there is more than one pothole or in other situations where full restoration is deemed necessary by the City Engineer.

(Ord. No. 2390, § 3, 1-28-13)

Editor's note— Ord. No. 2390, § 5, states "section 29.13 of the amended Chapter 29 shall not go into effect until one hundred eighty days after the date of adoption [January 1, 28, 2013].

A. Permittee shall, by a time specified by the City, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the City or any other governmental entity by reason of traffic conditions; public safety; public rights-of-way construction; public rights-of-way maintenance or repair (including resurfacing or widening); change of grade of public rights-of-way; construction, installation or, repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications system, public work or improvement on any government-owned utility; public rights-of-way vacation; or for any other purpose where the work involved would be aided by the removal or relocation of permittee's facilities.

Provided, however, except in the case of emergencies, the City shall provide written notice describing where the work is to be performed at least one week prior to the deadline for performing the work. A permittee may seek an extension of the time to perform the work when it cannot be completed in a week even with the exercise of due diligence, and such request for an extension shall not be unreasonably refused.

B. Within thirty (30) days after receipt of a written request from the City, a permittee shall provide to City written information such as "as-builts" or other records showing the location, including depth, of all of its subsurface facilities in the area requested by City, and shall authorize City to expose such subsurface facilities by potholing (digging a test hole) to a depth of one foot below the bottom of such facilities. Permittee shall release the City from all liability or claims resulting from such potholing.

C. If any removal, re-laying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person or entity (not the City) that is authorized to use the public rights-of-way, a permittee shall, after thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Unless the matter is governed by a valid contract or a state or federal law or regulation, the reasonable cost of removal, re-laying or relocation shall be borne by the party requesting the removal, re-laying or relocation. The City may direct a permittee to remove, re-lay or relocate its facilities pending resolution of a dispute as to responsibility for costs, if the person requesting removal, re-laying or relocation posts a satisfactory bond or provides other adequate security.

D. In the event of an emergency, or where the facilities of a permittee creates or is contributing to an imminent danger to health, safety, or property, the City may remove, relay, or relocate any or all parts of such facilities, without prior notice. However, the City shall make reasonable efforts to provide prior notice.

E. A permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the permittee shall have the authority to estimate the reasonable material and labor costs and require payment of the same in advance. The permittee shall be given not less than seven (7) days' advance notice to arrange for such temporary wire changes. If the City is the entity making such request, the raising or lowering of lines shall be done by permittee at its own expense.

F. No person shall, without first obtaining a permit issued pursuant to this Chapter, install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by the City, except those installed or erected upon public utility facilities already then existing.

G. Any contractor or subcontractor used for work or construction, installation, operation, maintenance, or repair of facilities to be installed pursuant to a permit authorized by this Chapter must be properly licensed under laws of the state and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as the permittee would have under this Chapter and applicable law if the work were performed by permittee. The permittee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Chapter and other applicable law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed. This Section is not meant to alter tort liability of a permittee to third parties.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

A. A permittee shall publicize the initial build or, as determined by the City Engineer, any substantial rebuild or upgrade of its facilities, in each affected neighborhood at least one week prior to commencement of that work, by causing written notice of such construction work to be delivered to the City and by notifying those Persons whose property is within three hundred (300) feet of the work in at least two (2) of the following ways: by telephone, in person, by mail, by distribution of flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Apart from any initial build or substantial rebuild or upgrade, any underground construction shall be publicized in accordance with applicable notice requirements. In addition, before entering onto any person's property, a permittee shall contact the property owner or (in the case of residential property) the resident at least one day in advance. If a permittee must enter a residence or building, it must schedule an appointment at the convenience of the owner or resident.

B. During the period of any initial build or rebuild, a permittee shall maintain a file open to public inspection showing its timetable for construction of the network by area of the City.

(Ord. No. 2390, § 3, 1-28-13)

Each permittee shall cooperate in the planning, locating and construction of its facilities in utility joint trenches or common duct banks with other telecommunications providers or other users of the rights-of-way, as and if applicable.

(Ord. No. 2390, § 3, 1-28-13)

A permittee shall arrange for the City to inspect the work and project site at each point in the work as listed in the encroachment permit and shall not perform any additional work beyond each such point until the work or site has been inspected and approved by the City. The City may make any inspections deemed necessary in connection with permits issued pursuant to this Chapter. Unless otherwise specified in the permit, during the construction the permittee must arrange for the City to inspect all trenching, backfilling, street or pavement cuts, and other work as deemed necessary by the Department, and must obtain City approval for same prior to proceeding with the work. Bus shelters and other construction utilizing electrical connections must obtain an electrical inspection from the City. A permittee who fails to arrange for and pass required inspections shall, at the request of City, remove and uncover all work as necessary to allow the required inspections at permittee's sole expense and cost.

(Ord. No. 2390, § 3, 1-28-13)

In addition to obtaining an encroachment permit pursuant to this Chapter, before beginning any excavation in any right-of-way or City property, construction on any street, curb, gutter or driveway approach, planting, pruning or removing trees, making, placing or causing an obstruction in any street, the permittee shall notify the City at least twenty-four (24) hours in advance of the exact date and time work will commence unless, in the case of a continuing maintenance permit this requirement is specifically waived in the permit.

(Ord. No. 2390, § 3, 1-28-13)

Upon completion of all work authorized in the permit, the permittee shall notify the City. No work shall be deemed completed until notification of completion is given and the work is approved by the City. Bonds or other security shall not be released or returned until all required inspections have been performed and all work has been approved by the City.

(Ord. No. 2390, § 3, 1-28-13)

A. Upon the expiration of any encroachment permit, if the permittee shall not have acquired an extension or renewal thereof and accepted the same, the permittee shall remove all property, structures, cable, equipment or other facilities and appurtenances from the right-of-way and restore the right-of-way to its former condition. If permittee fails to so remove its property and so restore the right-of-way, the City may remove such property and restore the right-of-way to its former condition. The permittee shall reimburse the City upon demand for all expenses incurred by the City in removing permittee's property and restoring the public place or right-of-way.

B. If the permittee abandons use of structures, cable, equipment or other facilities placed in the right-of-way pursuant to the permit, then at City's option, City may require the permittee to remove all such structures, cable, equipment or facilities or may elect to accept ownership, in which case, title to such structure, cable equipment or other facilities shall vest in the City. Abandonment shall be presumed if the permittee stops use of its property, equipment, structures, facilities or other property placed in the right-of-way or City property, for a period of one hundred eighty (180) days. Notwithstanding the foregoing, for outdoor business activities, abandonment shall be presumed if the permittee stops use of its property for a period of thirty (30) days.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

A. The Director may revoke and terminate any encroachment permit granted pursuant to this Chapter upon complaint based upon substantial evidence of any of the following: (1) the permittee failed to pay when due, any fee as required by the permit; (2) the conditions of the permit are being or have been violated; (3) the provisions of this Chapter or any other City, state or federal regulation are being or have been violated; (4) the construction activity caused unreasonable disturbance in the vicinity of the work site; (5) a delay in the completion of the work or use authorized by an encroachment permit is due to lack of diligence on the part of the permittee; (6) the right-of-way or City property or any portion thereof, occupied and used by the permittee is needed for a public use and relocation of the permittee's facilities is not practicable; or (7) the right-of-way or City property or any portion thereof, occupied and used by the permittee for outdoor business activity is not being maintained in a manner consistent with the encroachment permit and/or guidelines.

B. To terminate or revoke a permit, the Director shall deliver or mail by certified mail to the business address shown on the permit application, a written notice that said permit is terminated or revoked, listing the grounds therefor. Such notice may order the immediate stoppage of the work being performed or encroachment authorized under the permit, pending any hearing on the revocation. A terminated or revoked permit shall be surrendered to the Director on demand.

C. The permittee may request an informal hearing before the Director on such termination or revocation by submitting a written request to the Director within ten (10) days after the date of the notice of revocation and shall set forth specifically the basis and grounds for the hearing. If a hearing is not requested within ten (10) days of the date of notice, the revocation is final and shall take effect on the eleventh day after the date of the notice. If a hearing is requested, no revocation shall take effect until after the hearing and date of the notice of final decision of the Director or their designee. The decision of the Director or their designee is final. Failure to request a hearing before the Director or their designee constitutes a waiver of the right to a hearing and the right to appeal the termination/revocation.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

The permittee may appeal the final termination/revocation decision of the Director or their designee within ten (10) days of the date of notice of final termination/revocation decision by submitting to the City Clerk a written notice of the permittee's intention to appeal to the City Manager or their designee. A timely appeal shall result in a stay of any decision of the Director or their designee, except that a work stoppage order may remain in effect. The appeal will be heard in accordance with the provisions set forth in Chapter 1 of this Code. Failure to appeal in writing within the prescribed time constitutes a waiver of the right to appeal the decision of the Director or their designee. The decision of the City Manager or their designee on appeal shall be final.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

Upon final determination of termination/revocation of any permit issued pursuant to this Chapter, the permittee shall promptly remove all property belonging to permittee from the right-of-way and restore the right-of-way to its former condition. If permittee fails to so remove its property and so restore the right-of-way, the City may remove such property and restore the right-of-way or City property to its former condition. The permittee shall reimburse the City upon demand for all expenses incurred by the City in removing permittee's property and restoring the right-of-way or City property.

(Ord. No. 2390, § 3, 1-28-13)

Whenever any encroachment or work is being done contrary to the provisions of this Municipal Code or the terms of any permit or local, state, or federal law, the Director and/or the City Engineer may order the unauthorized encroachment or work stopped, by notice in writing, served on any person engaged in the doing or causing of such unauthorized encroachment or work, and any such person shall forthwith stop such unauthorized encroachment or work. Any person performing work in the right-of-way or City property shall have a copy of a valid encroachment permit issued by the City at the site and shall make such permit available for inspection by the City at all times work is being performed or property or equipment is located in the right-of-way or City property.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

Every permittee, or other entity maintaining pipes, lines, or conduits or other facilities in the right-of-way or City property shall file with the Department, during the month of January of each year, a map indicating the size and location of each pipe, line, conduit or other facility owned and maintained by such entity in the right-of-way or City property. However, after such entity has in the first instance filed such map, it may thereafter in lieu of filing a new map each year, revise the map on file so as to show changes and extensions. The first such annual map must be filed by January one (1) year from the effective date of the ordinance from which this Section is derived. Failure to comply with this Section constitutes grounds to deny additional encroachment permits and/or to revoke encroachment permits for facilities not shown on such maps after written request by the City. For outdoor business activities, any changes to the facilities in the right-of-way may be submitted during the annual renewal process prior to when the outdoor business activity permit expires and subject to applicable fees, or changes to the facilities in the right-of-way may be submitted earlier outside of the annual renewal process at the businesses' own expense.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)

Persons and entities applying for a permit pursuant to this Chapter shall pay (1) the non-refundable encroachment permit application processing fee which covers the cost of processing the application; (2) the plan check fee which covers the cost of reviewing the plans and submittals to insure compliance with all City regulations; (3) the inspection fee which covers the cost of inspection of the construction, work or installation to ensure it meets all City requirements; (4) a fee (or security in the form of completion and payment bonds) to recover all of the reasonable costs associated with removal of permittee's facilities, repair of right-of-way or other City property, maintenance of permittee's facilities in the right-of-way or City property, including, but not limited to, all reasonable costs associated with damage caused to the right-of-way or City property if City is required to perform such tasks by reason of permittee's failure to do so. In addition to the permit fees, the permittee shall also pay such use fees as set forth in the encroachment permit or in any use agreement with the City required as a condition of the encroachment permit. For encroachment permits authorizing cuts of the pavement in City streets, the applicant may also choose to pay the pavement damage restoration fee to reimburse the City for the increased repaving and reconstruction costs incurred by the City that are reasonably attributable to the impact of excavation in City streets, which fees shall not generate proceeds in excess of the City's costs of street repaving and reconstruction reasonably attributable to the excavation for which the fee is charged.

Each of the above fees will be established by Council resolution, provided, however that the inspection fee and/or the plan check fee may be established based on actual cost to perform the services, in which case, for complex applications the applicant will be required to deposit an amount for the plan check fee and the inspection fee and may have unused amounts returned or may be required to pay additional amounts as necessary to recover all reasonably related costs including the costs of outside consultants, incurred by the City to perform plan check and inspections services for the application and permit.

(Ord. No. 2390, § 3, 1-28-13; Ord. No. 2510, § 4(Exh. A), 7-25-22)