Richmond Municipal Code Part 1 General

As used in this chapter:

"Agreement" means "encroachment agreement," as defined below.

"Applicant" means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street and who has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter.

"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty-Seventh Street.

"Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."

"Chip seal" (see the definition of "slurry seal").

"City projects" mean any city-funded construction or reconstruction, including but not limited to, public works projects and community facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.

"Communications service equipment" and "communications service facilities" mean the equipment and facilities used by a video service provider to provide cable or video service.

"Easement" or "easements" mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other's land, evidenced by an instrument recorded on and burdening the landowner's title, and as provided in California Civil Code Section § 887.010, et seq.

"Encroach" or "encroaching" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any ROW or using any ROW so as to prevent, obstruct, or interfere with the normal use of that way. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. "Encroachment" includes, but is not limited to, the performance of any of the following acts:

(a) Excavating or disturbing the ROW;

(b) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a ROW;

(c) Planting any tree, shrub, grass or other growing thing within the ROW;

(d) Placing or leaving on the ROW any rubbish, brush, earth or other material;

(e) Constructing, placing, or maintaining on, over, under or within a ROW any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facilities, or cable;

(f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the ROW, which causes, or may cause, an encroachment.

"Encroachment agreement" means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property's title and binding on its successors thereafter unless revoked by the City.

"Encroachment" means the act of encroaching, as defined above.

"Excavation" means any trench cuts within the street ROW to access or install a utility line or any related facility in excess of four square feet or four feet long, whichever is smaller. All such excavations shall require an encroachment permit.

"Facility" or "facilities" mean any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including but not limited to: curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any ROW.

"Landowner" means any real-property owner abutting or adjacent to the ROW as defined herein.

"Licensee" means the "permittee" under the permit; or could be the person with the right to encroach under an "encroachment agreement;" or the person with pre-existing or other encroachment right(s) hereunder.

"Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Richmond Parkway, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street.

"Major defects" means any defects greater than the deficiency tolerances specified in the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.

"Micro paving" (see "slurry seal" definition).

"Micro surfacing" (see "slurry seal" definition).

"Parklet" is the use of existing parking spaces in the public street as non-exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter 14.46.

"Permit" means any permit referenced in, or required by, this chapter.

"Permittee" or "licensee" means any means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this chapter, including any lawful successor, transferee, or assignee of the original permittee.

"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them, or any other entity, which is recognized by law as the subject of rights or duties, not including the City or its officers, employees, or agents.

"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below).

"Public right-of-way" or "ROW" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for, or dedicated to, the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.

"Public service easement" means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.

"Public street" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as, and declared to be part of, the City system of public streets, except highways forming a part of the state highway system.

"Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than one-half inch thick.

"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.

"Street overlay" means one or more courses of asphalt construction on an existing pavement; usually greater than one-half inch thick; and generally includes an asphalt leveling course to contour-correct old pavement.

"Street vacation" means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement.

"Structure" means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard-rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.

"Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.

"Utility company" shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication.

"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise, is entitled to install its facilities in the ROW.

"Video service" has the meaning set forth in California Public Utilities Code Section 5830(s).

"Video service provider" has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open-video system operator as defined in Public Utilities Code Section 5830(n).

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

Any person must obtain a permit or agreement in accordance with this chapter before placing any encroachment in, on, over, or under any ROW within the City.

(a) For purposes of this chapter, a person may include, but is not limited to: video service provider, utilities, and special districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a permittee and the City or state, the franchise's provisions or other agreement shall control.

(b) Notwithstanding subsection (a), above, no permit or agreement shall be required for any of the following:

(1) Actions of any City officer or employee engaged in the discharge of official duties;

(2) Performance of work under contracts to the City, including work for City project(s);

(3) Encroachments existing prior to this chapter's effective date; however, nothing in this chapter shall preclude City Engineer from requiring an appropriate permit or agreement documenting the rights and obligations of the licensee, and any preexisting Encroachment remains subject to removal at any time when City Engineer determines the encroachment adversely affects the safety, capacity, or integrity of the ROW and interferes with public use;

(4) Maintenance or repair of existing pipes, facilities, conduits, or other structures lawfully on, or under, a ROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;

(5) Emergency street cut or excavation in ROW to repair a broken or defective pipe, facility, or conduit lawfully on, or under, a public arterial street, for the preservation of life and property when an urgent necessity arises, and City offices are closed. Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of these repairs. Person performing the repair work shall notify the City's engineering and police department(s) by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after City offices re-open;

(6) Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the ROW where a permit is issued for such work pursuant to the Code's Chapter 10.08, and where no traffic lane closure is anticipated;

(7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of the Code's Chapter 15.04;

(8) City Council-approved street closures for special events.

(c) Notwithstanding subsections (a) and (b), above, none of the provisions in this chapter shall apply to "Part 3 Private Landowner Encroachment(s) Into Unimproved Portions of the ROW" unless expressly stated.

(d) Any encroachment that requires, but does not have, a permit shall be deemed a violation of this chapter and a public nuisance, which the City may abate pursuant to any applicable provision of law including, but not limited to, this Code's Chapter 9.22.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City's ROW shall require an encroachment permit.

(b) For additional permit application requirements, et al. related to any excavation work within the City's ROW, see Section 12.30.060 and Part 2 ("Streets and Paving").

(c) Permit application(s) may be obtained from the City's Engineering Services Department.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) An application for an encroachment permit, including renewal of an existing permit, shall be on a City Engineer-prescribed form. The applicant shall sign the form, which shall include all the following materials unless the City Engineer provides a written waiver:

(1) Name, address, and telephone number of the applicant;

(2) Name, address, and telephone number of the contractor, if a contractor will perform any proposed work and contractor is not applicant;

(3) Location, purpose, extent, and nature of the proposed work;

(4) Period of time when the proposed work will be performed;

(5) Traffic and pedestrian control plan(s) for the proposed work's location;

(6) Certificate of insurance from applicant's and/or contractor's insurance carrier in a form satisfactory to the City, and which names the City as an additional insured;

(7) Key map and detailed improvement plan showing all facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent facilities and information the City Engineer requires. Unless exempted by State law, a California registered professional civil engineer shall prepare a detailed improvement plan;

(8) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;

(9) Current maps and records of the underground facilities at the site;

(10) Encroachment permit fee set forth in the City's Master Fee Schedule.

(11) A deposit sufficient to cover the cost of mailed notice if required.

(b) In signing the application, applicant attests that all information in support of the application is true and correct. When applicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for an encroachment permit within 60 days after the application is complete.

(c) Registration. Prior to applying for a permit, the City may require an individual performing the encroachment work to register with the City for a permit and to provide the following:

(1) Warranty bond: A cash deposit equal to the greater of $500.00 or 25 percent of the work's value. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City's standards or permit requirements;

(2) A current City business license;

(3) Current certificate of insurance meeting the requirements of Section 12.30.090, below;

(4) 24-hour phone number for emergencies; and

(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City correspondence.

(d) As a condition of the permit, permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.

USA Codes:

Electric: Red

Gas-oil: Yellow

Communication-CATV: Orange

Water: Blue

Sewer: Green

Temporary survey markings: Pink

Proposed excavation: White

(f) Excepting emergencies, permits shall be pulled in advance of work. An emergency exists only for: life or property endangerment; or when an essential utility service is, or may be, interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.

(g) In an emergency occurs, permittee shall notify the City, and apply for a permit for "emergency work," within four hours after the City offices open.

(h) Pre-construction meeting:

(1) A pre-construction meeting shall be held for all projects scheduled to take more than 15 working days to complete.

(2) Meeting attendees shall include the owner, contractor, any other involved agency, and the City.

(3) The City may issue administrative citations if a project scheduled for completion within 15 days exceeds the 15-day timeline and a pre-construction meeting was not held

(4) The City shall approve the traffic control plan prior to the pre-construction meeting.

(i) By accepting a permit, the facility's permittee and/or owner to whom the permit has been issued agree to all the following:

(1) To follow all laws, rules, regulations, and permit conditions.

(2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and permit conditions.

(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.

(a) Any excavation work within the City's ROW shall require a permit specifically for excavation in addition to other required permits. The individual performing the work shall apply for the permit.

(b) All permit applications for excavation work shall include plans that indicate the following:

(1) Street name to be excavated and nearest cross street.

(2) Distance of proposed excavation from face of curb.

(3) Distance of proposed excavation from intersection.

(4) Size of the excavation (length and width).

(5) Location of any aboveground facilities to be installed, showing:

(A) Distance from curb and any street facilities/furnishings.

(B) Purpose of the facility.

(C) Size of the facility.

(D) Location of doors and door swings.

(6) Location of any existing and to-be-installed underground facilities showing:

(A) Conduit vaults, maintenance holes, pipes, etc.

(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.

(C) Construction method of the structure to be installed.

(D) Construction detail, location, size, design criteria and the purpose of the facility to be installed.

(7) Cross-section of a typical trench indicating:

(A) Approximate depth of the installed facility.

(B) Trench-backfill depth, compaction, and layer depths.

(C) Pavement section detail (type and depths).

(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required.

(8) The plan may show the approximate excavation location, provided that the excavation's exact location is shown on the "as-built" plan. These "as-built" plans shall be submitted prior to the City's permit finalization.

(c) If permittee damages other facilities during excavation work, permittee will need a separate permit to repair the damaged facility with additional excavation and trenching. Permittee shall maintain the site and restore the pavement and any affected signage or striping.

(d) For permit expiration, see Section 12.30.100(c)(5), et seq.

(e) For notice requirements, see Section 12.30.110, et seq.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) At City's request, permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:

(1) City requires construction, reconstruction, or maintenance work (collectively, "work") in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or

(2) ROW placement of structures and/or facilities conflicts with City construction, reconstruction, or maintenance work therein.

(b) When City requires relocation, City Engineer shall give permittee written notice designating a reasonable time for encroachment relocation or removal, and permittee shall act accordingly and to City Engineer's satisfaction. In determining a reasonable time under this section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts.

(c) City Engineer reserves the right to suspend the encroachment permit or agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the permittee and provide opportunity for hearing.

(d) City Engineer may require other reasonable conditions, including installation of facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.

(e) City reserves the right to inspect any structure or facility in ROW.

(f) The City Engineer shall approve an encroachment permit upon making the following findings, and permittees shall be subject to the relevant requirements of this chapter and to all the following conditions, as applicable:

(1) Findings.

(A) Proposed encroachment contains no potential to cause a significant environmental effect(s); nor will it be detrimental to public's health, safety, and welfare;

(B) Complete application contains all necessary, supporting information;

(C) Applicant made reasonable efforts to erect, construct, use, operate, and/or maintain underground facilities; provided, however, from and after the effective date of an underground utility district establishment, the applicant shall erect, construct, use, operate, and maintain its facilities underground. Where undergrounding is not feasible (excepting any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures;

(D) Proposed facilities' location is the best available option to minimize adverse impacts on the use of the ROW and on adjoining properties;

(E) If application is for permit renewal, permittee has complied, and is in compliance with, current permit and its conditions;

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) The permittee shall:

(1) Provide accurate, detailed information regarding the location of existing and proposed structures in the ROW at the request of any person contracted to perform work in/on ROW;

(2) Timely correct any maintenance or operational deficiencies;

(3) Produce current, complete, and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the ROW within ten business days of City's request;

(4) Complete installation or construction of structures and facilities in the ROW and all construction-related damage to the ROW shall be repaired within two years from the date the encroachment permit or agreement issues. Exception: City Engineer may grant written extension of the time to complete installation, construction, or repair for good cause;

(5) Operate and use structures and facilities in the ROW solely and exclusively for the purposes and uses as stated in the application;

(6) Not alter the purpose, use, or operator of the structures and facilities without transfer approval;

A. Exception: any landowner encroachment agreement shall be binding upon, and inure to the benefit of, permittee's successors in interest, heirs, or devisees.

(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of facilities or structures upon removal or abandonment of same;

A. Failure to restore ROW may be deemed a violation of this chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04.

(8) During construction, permittee shall do all the following:

(A) Maintain a copy of permit issued pursuant to this chapter at the job site during work periods until project completion and City Engineer approval. Permit(s) shall be shown to City employees upon request;

(B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;

(C) Provide temporary pedestrian-access facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any.

(D) Maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times.

(E) Promptly remove all graffiti on any structure or facility within the encroachment area.

(F) Notify the City's Police Department and the City Engineer, and shall promptly repair, any damage to structures or facilities caused by criminal activity, including, but not limited to, copper theft.

(9) As may be required by California Government Code Section 4216 et seq., permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.

(10) It shall be unlawful for permittee to erect, construct, use, operate or maintain their facilities aboveground whenever any area of the City is declared as an underground utility district.

(11) All work done under the permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction, and practices in placing encroachments in, on, under or above the ROW.

(12) All facilities shall be constructed, operated, and maintained in the time, place, and manner that cause the least interference with the public's use of the public ROW; the City's management and use of the ROW, and the rights or reasonable convenience of property owners adjoining the ROW.

(13) Comply with all laws, rules, regulations, and permit conditions and assure that their employees, contractors, and subcontractors do the same.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a permittee and the City or state, the franchise's provisions or other agreement shall control.

(b) To the maximum extent allowed by law, permittee and licensee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("indemnitees") against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to: attorney's and expert's fees and court costs, arising out of, or connected in any way with, the installation, operation, and maintenance of any facilities in, or the use of, any ROW by permittee or permittee's employees, officers, officials, agents, transferees, contractors, or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action, or demands caused by indemnitees' sole negligence, willful misconduct, or criminal acts.

(c) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless indemnitees against any claim, action, or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a permit or agreement issued pursuant to this chapter.

(d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than $2,000,000.00 per occurrence, or as approved by City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the ROW. All contractors' policies secured in compliance with this condition shall be in effect for the duration of contractor's work in the ROW; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.

(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to 100 percent of the total amount of the construction costs of the work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) As a condition of the permit, permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.

(b) All application materials are incorporated by reference into the permit; and all representations made within the application are conditions of permit approval.

(c) Permit duration shall be indicated on the permit:

(1) All permits shall include estimated start and completion dates. A permit is valid from the construction's start date specified on the approved permit until the specified completion date.

(2) Permits are not valid if there is failure to: obtain other, required permits; or to provide required notifications.

(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.

(4) Some permits may be valid on specific dates and approved with special conditions:

(A) When work shall occur.

(B) When work shall be completed.

(C) Before which work shall not start.

(5) Permits expire and become void, unless otherwise amended:

(A) Sixty days after the start date if no work has commenced.

(B) If work does not proceed diligently, and if delays exceed four working days once the work begins, unless the delay is caused by weather or other circumstances beyond the permittee's control.

(C) When the excavation, including trench restoration, is completed; or on the date the permit specifies as the permit expiration date.

(6) Work proceeds diligently if:

(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond permittee's control.

(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.

(d) Termination. An encroachment permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If the encroachment permit specifies no date, the permit shall be considered of indeterminate duration.

(e) Extension. A permittee may extend a valid permit by requesting an extension prior to the permit's expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.

(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least 60 days prior to the termination date an encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter, and the unpermitted encroachment may be considered a public nuisance, subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9.22.

(g) Fees. Permit fees are due at the time the permit issues.

(1) Permit-application processing fees are non-refundable.

(2) Prior to permit issuance, all past due fees, fines, and penalties must be paid.

(3) If a permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.

(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the applicant or permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the permit number.

(h) If an account is past due, or not in good standing, a permit will not issue until the account is brought into good standing with all fees and fines remitted.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) All encroachment permits and licenses (agreements) shall require notice as follows:

(1) Applications. For applications that propose an aboveground encroachment, City Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the neighborhood council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the ROW, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the City Engineer within 15 days from the date of the letter and prior to the City Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors, or small cabinets less than four cubic feet in size or for any underground excavations or related work.

(2) Generally. Excepting necessary emergency repairs, at least 48 hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, permittee shall post notifications within the affected area to the satisfaction of City Engineer.

(3) Permitted work. Permittee shall provide public notifications when excavating in the ROW as follows:

(A) Minor projects lasting longer than 48 hours but fewer than 15 working days shall provide posters sized 11 by 17 inches with one-inch minimum-sized letters. Posters shall be displayed at the project's initial and terminal point(s) and every 300 feet in between.

(B) Posters must contain:

(i) Permittee's name(s), address(es), and telephone number(s); and

(ii) Project's start and completion date(s).

(C) For major projects lasting 15 working days or longer, permittee shall do all the following:

(i) After permit issuance, and at least five, but no more than 30 calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:

(1) Residents and occupants along the affected street;

(2) Schools, churches, and other assembly uses within 300 feet of the affected street; and

(3) The City's Engineering Services and Public Works Department(s).

(ii) At least five calendar days, but not more than 15 calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(A) above. The notices must be sized 11 by 17 inches and shall contain:

(1) Permittee's name(s), address(es), and telephone number(s);

(2) Project description;

(3) Project start and completion date(s);

(4) Project contact person's name, address and 24-hour telephone number.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)