San Bernardino Municipal Code Ch. 12.03 Right-of-Way Permits - Excavations and Temporary Encroachments

(A) Increasing public demand for services has prompted the expansion and installation of new above and below ground facilities offered throughout the city street and public right-of-way system.

(B) Increased usage of the public right-of-way has created congestion both above and below ground and created competition for the available space.

(C) Congestion in the underground portions of the street right-of-way has created conflicts between the various users in that the first users take the available space leaving little or no room for other users. In some cases, the city is prevented from installing needed expansions to water lines, sewers or storm drains due to other users taking planned space for their own facilities.

(D) Continued use of public right-of-way has caused the degradation of existing pavements and in some cases has been the cause of damage or degradation to recently constructed or rehabilitated pavements, traffic signal loops and pavement markings.

(E) It is the intent of the city to preserve its right to install expansions to its own systems, protect investments in capital street improvements and prevent overuse of the public right-of-way that would hamper proper maintenance and operations of facilities.

(F) Continued excavations and encroachments into the public right-of-way disrupt the traveling public as well as the business operators and pose potential safety hazards unless controlled by permit and properly inspected.

(G) A public utility franchise, granted by the state or the city is a contract granting special privileges to use public rights-of-way. It is not intended that this chapter impose additional rules and regulations upon the public utilities or confer authority to the city that conflicts with rights granted by existing franchise agreements, the California Public Utilities Code or jurisdiction of the California Public Utilities Commission.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASPHALT STREET. Any street the surface of which is paved with a mixture of rock, sand and asphalt cement, including any of those which are commonly known as asphalt pavement.

• CONCRETE DRIVEWAY. Any driveway paved with portland cement concrete.

• CONCRETE GUTTER. Any gutter composed of portland cement concrete.

• CONCRETE STREET. Any street paved with portland cement concrete.

• CURB. Any curb constructed of portland cement concrete.

ENCROACHMENT. To encroach upon, obstruct or close any public street, alley, court, sidewalk or any portion thereof within the city, for any purpose, including construction, parking, sales, advertising or any private usage of public right-of-way.

FACILITY. Physical structure of the facility, not what is contained in the facility. Where protected by PUC regulations, it is not required to disclose type of conductors or contents of the physical structure of the facility.

LIGHTS. Shall conform to the requirements outlined in the current edition of the “Manual of Traffic Controls,” published by the State of California.

MANHOLE. Any surface structure which is part of any underground system, such as sewer, storm drain, water, gas, ground pipes or wire system, and shall have a surface cover with an exposed area of one and one-half square feet or more and shall also include such structures of record that may have been overlaid with surfacing materials.

NEW FACILITY. A new distribution line or new service connection. Every attempt shall be made to use existing service connections for proposed developments or redevelopments. In the event the distribution line or service connection is inadequate to serve a development, NEW FACILITY shall include the necessary increase in size of distribution lines and service lines for the facility only and/or the extension of service to reach the development.

OILED STREET. Any street, the surface of which is composed of a mixture of one or more spray coats of road oil with sand, compressed rock or decomposed granite, or chemical dust palliative, having a thickness of one inch or less.

PERSON. Any person as defined in § 1.04.010, and including any governmental agency or subdivision of any city or county or the State of California.

PROPERTY. Any property, rail, ties, wire, pipes, conduit or any device, fixture, appliance or structure appurtenant thereto, installed, affixed or located in or under any public street or public place in the city whether so affixed, installed or located under franchise, or otherwise.

PROSPECT HOLE. Any hole made in a pavement, driveway or sidewalk by driving a metal bar, or drill into same for the purpose of locating existing utility pipes, or conduits, or leaks therefrom or for explorations as to soil type, depth to ground water, monitoring of ground water or pollution or other monitoring activities.

PUBLIC PLACE. A public place, public square, public park, public playground, public court, public building and grounds, public airport and all public grounds and places owned and maintained by the city.

PUBLIC STREET. A public street, public easements, public right-of-way, public highway, public alley, public way or public road within the city.

ROCK AND OIL. Any street, the surface of which is composed of macadam pavement, or a mixture of rock, sand and either road oil or liquid asphalt, having a total thickness of more than one inch.

TRENCH INFLUENCE AREA. An area three and one-half feet adjacent to the edge of any trench where excavation occurs in the public right-of-way.

UNIMPROVED STREET. Any street, the surface of which is composed of dirt, soil, sand, gravel, decomposed granite or similar materials in their natural state or a surface of inbound or waterbound gravel, or decomposed granite.

VALVE/VALVE BOX/PULL BOX. Any access via surface structure which is part of any underground system, such as sewer, storm drain, water, gas, ground pipes, wire or cable systems, and has a surface cover with a surface area of less than one and one-half square feet.

WARNING SIGNS. Shall conform to the requirements of the “Manual of Traffic Controls,” current edition, published by the State of California, and the “Work Area Traffic Control Handbook” (“WATCH”), current edition, as adopted by the City of San Bernardino.

(Ord. MC-1281, passed 8-19-2008)

Whenever the Director of Development Services determines that it is reasonable and necessary that any property located in or under any public street, or public place in this city, owned, maintained or controlled by any person, be temporarily disconnected, and reconnected, or permanently moved, relocated or removed from any public street, or other public place, in order that the city, or other governmental agency, or instrumentality, may most economically, under modern engineering and construction methods install, construct, build or erect any public improvement, or works in or under any public street, the Director of Development Services shall give timely written notice to the person owning, maintaining or controlling such property, to move, relocate or temporarily disconnect the same, as may be determined by the City Engineer.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) The city shall adopt such regulations for the location, size, depth, number of facilities to be accommodated, installation and repair methods and surcharges for new or recently rehabilitated public streets that may require excavations as it may deem necessary for public welfare. The regulations are intended to protect the public right-of-way and equitably allocate available space. In the event a utility cannot locate as directed by the city without violation of PUC installation guidelines, then alternate alignments shall be selected.

(B) Whenever an excavation is made by tunneling under the surface of the street, the city shall adopt such regulations and require such inspections, as it may deem necessary to ensure full compliance with the other sections of this chapter.

(C) Whenever conduits are placed under city streets or in public rights-of-way, the city will require the owner/user to ensure the conduits can be located, with accuracy, by a reliable method. This shall mean a horizontal location within four inches and depth within 18 inches.

(D) Plans shall be prepared and submitted that show the location, depth and type of proposed facilities, as well as other existing underground utilities. Such plans shall be to scale and no less than one inch equals 60 feet and shall show the right-of-way line, curb lines and all known underground utilities, conduits or buried wires.

(E) City direction to relocate or locate in other positions to clear existing or future facilities will be considered mandatory and not merely recommendations. Failure to follow approved plans will result in the facility being relocated as directed at the cost of the owner.

Nothing in this chapter shall be construed as interfering with any rights granted to any persons, firm or corporation under and by virtue of any franchise of the state or of the city or to any rights granted in the future.

(A) It shall be unlawful for any person to excavate, cut or open the pavement surface of any street within five years after acceptance of the street construction work by the City Engineer, with the exception of seal coated or micro-surfaced streets, which shall be for a period of three years after acceptance of the work by the City Engineer. This moratorium on street excavations shall not apply if the Director of Development Services grants a street excavation permit for any of the following reasons:

(1) Excavation work that is mandated by city, county, state or federal legislation or that is required as a condition of approval to a city issued development permit;

(2) Utility service for development where no other reasonable means of providing service exists, as determined by the Director of Development Services;

(3) For a prospect hole, as defined in this chapter, to verify utility depth or location;

(4) Excavations which are essential components of a regional project which will provide a substantial public benefit;

(5) Written requests for state/federal mandated pipeline integrity inspections; or

(6) Other situations where the Director of Development Services finds that the excavation is necessary for the public health, safety or welfare.

(B) In the event of an emergency which endangers life or property, or for an emergency repair or modification which is necessary to prevent interruption of life essential utility services, excavation work may occur without first obtaining a permit; however, written application for a permit shall be provided the following business day.

(C) If a permit is granted by the Director of Development Services or emergency excavation work as hereinabove described is performed, the following conditions shall apply:

(1) All restoration and repair work shall be performed in accordance with the most current trench, backfill and pavement replacement detail standards in effect and as approved by the City Engineer;

(2) Provide a written pavement life performance warranty in a form acceptable to the city, unless one is already provided through a franchise agreement with the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken or otherwise fails at any time after the excavation (or joint operation excavation) has been completed, that person shall repair or reconstruct the subsurface and pavement to a condition to the satisfaction of the City Engineer; and

(3) The person requesting the excavation permit or responsible for emergency excavation work shall submit an application for an excavation permit, pay all required fees and comply with the provisions of this chapter.

(D) The moratorium on excavations shall not apply in any area where the street pavement construction was completed five years prior to the effective date of the ordinance codified in this chapter.

(Ord. MC-1281, passed 8-19-2008)

(A) Every permit for any excavation or encroachment in or under the surface of any street shall be granted subject to the rights of this city, or any other person entitled thereto, to make reasonable use of that part of the street for any purpose for which the street may be lawfully used, consistent with the excavation and/or encroachment made pursuant to such permit.

(B) It is unlawful to remove material from or engage in construction, repair or installation of conduits within any street in such a manner as to render such street impassable or dangerous to public travel. Closure of streets must be approved in advance with approval of traffic detour plans submitted in accordance with the guidelines prepared by the City Director of Development Services.

(C) It is unlawful for any person to make excavations or encroachments in or under the surface of any street, sidewalk or public place, for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose except the installation of poles and anchors serving overhead lines without first:

(1) Making and filing a written application with the Director of Development Services a minimum of 48 hours prior to starting any excavation or encroachment, except any person or firm holding a public utility franchise in the city may, for emergency purposes only, make and file a written application during the next business day following the making of such emergency excavations or encroachments;

(2) Receiving a written permit from the Director of Development Services; and

(3) Making a deposit or other acceptable security to cover the cost of installation including:

(a) Inspection;

(b) Restoring the street or sidewalk to its original condition;

(c) Restoring all signs, pavement markings, conduits, cables, pipes to a condition acceptable to the city using similar materials and methods to match the original improvements; and

(d) Incidental expenses in connection therewith, as hereinafter provided for.

(D) Before issuing any permit provided for in this section, the Director of Development Services shall require that a written application be made and filed with the Department of Public Works which shall provide the following:

(1) Name and residence, or business address of applicant;

(2) A detailed description of the work, its location and approximate area (in square feet) and the purpose for the excavation (installation, repair, enhancement and the like); and

(3) A plat of the proposed work not larger than 24 inches by 36 inches nor smaller than eight and one-half inches by 11 inches and at a scale not smaller than one inch equals 60 feet showing the following:

(a) Right-of-way lines;

(b) Curb lines, back of sidewalk, street lights, traffic signal and boxes;

(c) Location of proposed excavation including the length and width of the trench;

(d) North arrow and scale;

(e) Street names and cross street (even if shown with broken centerline to nearest cross street);

(f) All underground facilities with size, location and ownership based on a search of available records. This is required for the full right-of-way width for lines going in the general direction of the street and for the length of the trench for excavations generally perpendicular to the street; and

(g) Such other information as the Director of Development Services may require. No plats shall be required when excavations or encroachments are made for service connections, or for locating or repairing existing underground installations.

(E) Applicant must show legal authority to occupy and use the street or sidewalk wherein the excavation/encroachment is proposed to be made.

(F) It is unlawful for any person to make any excavation, install or maintain any tank, pipe, conduit, duct or tunnel, in or under the surface of any street, or sidewalk or public place, at any location other than that described in the application and shown on the plats filed by such person. Any deviation in location necessitated by actual field conditions shall be corrected on the final plats and submitted to the Director of Development Services as the as constructed plats.

(G) The Director of Development Services may require site survey in order to ensure accurate location of facilities as deemed necessary to ensure compliance with this section.

(H) Those performing the work shall have a valid current city business registration and shall list the number thereof on the application. The job superintendent, as well as the owner’s authorized representative, shall also provide 24-hour emergency telephone numbers should problems be discovered other than during normal working hours and shall list the same on the application.

(I) The Director of Development Services may issue vehicle parking permits that allow encroachment into time limited parking areas for extended work periods. See § 12.03.090.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) Before a right-of-way excavation/ encroachment permit is issued, the person making the application shall pay the city a non-refundable right-of-way construction permit fee as established by resolution.

(B) (1) Public utilities approved by the Director of Development Services may obtain a right-of-way blanket permit for minor work and emergency work. Applicants shall pay a non-refundable blanket permit fee as established by resolution. A blanket permit will be valid for 12 months from the date of issuance.

(2) MINOR WORK is defined as cable location and repair; constructing, modifying or abandoning individual service connections; maintaining and/or operating existing facilities; installing protection and electrical disconnecting equipment; and other equivalent minor work within local residential streets and easements. Construction or replacement of new distribution and transmission facilities, work within arterial or collector roads or highways or any other activity not construed to be MINOR WORK will require individual permits.

(3) EMERGENCY WORK is defined as work necessary to repair damage to existing facilities and/or reestablish service. Work done under a blanket permit shall not require submittal of detailed plans as required by § 12.30.060 unless deemed necessary by the Director of Development Services.

(C) Other public agencies may obtain a no fee preliminary permit in order to complete the review process and obtain any permit requirements. Prior to any work being done under this preliminary permit, the person or contractor that will perform the work must obtain a right-of-way permit and pay all associated permit fees and deposits.

(D) Applicants obtaining a permit for the purpose of installing sewer laterals and making connection to existing sewer lines will need to provide evidence (receipts) to the Director of Development Services showing that sewer capacity fees (paid to the City Municipal Water Department) and sewer connection fees (paid to the Development Services Department) have been paid for the property being connected.

(Ord. MC-1027, passed 9-9-1998)

(A) Closure of traffic lanes on arterial and collector streets as designated in the city’s general plan circulation element shall be avoided between the morning and evening peak hours to accommodate traffic operations. Generally, the period from 7:00 a.m. to 8:30 a.m. constitutes the morning peak and the period from 3:30 p.m. to 5:30 p.m. constitutes the evening peak. Peak flow need only be addressed weekdays (Monday through Friday).

(B) Permits shall be required for excavations/encroachments that will occur at the places and times specified in division (A) above and shall be assessed an additional fee, as determined by resolution, for each day of the closure or operation.

(C) Emergency closures shall not require an encroachment permit. The owner/contractor completing the work shall notify the Director of Development Services immediately by telephone or telecopier or in person of such emergency closures. As used in this section, EMERGENCY means an actual, threatened or anticipated incident or situation which seriously threatens the public health and safety. In the event such emergency closures present a hazard or serious impact on the traveling public, the owner/contractor shall pay the city actual costs for traffic control officers, personnel or equipment dispatched to correct the traffic disruption. These actual costs shall be over and above any blanket permit, lane closure or after the fact permit issued.

(D) All traffic lane closures shall follow the advance warning and safety signing as required by the “WATCH Manual” or other approved traffic-control manual. Failure to comply with this section shall constitute sufficient grounds for the city to issue a stop work order.

(E) Projects involving the use of “Rule 20” funds or being done at the request of the city in relation to other ongoing city projects are exempt from the provisions of this section.

(A) Before excavation/encroachment permits are issued, a deposit to cover the estimated cost of the inspection, plan review and repair/replacement costs shall be paid to the city. Franchise holders who have repair/replacement language within the franchise agreement or who have previously undertaken all repair/replacement obligations need only provide inspection and plan review fees. Both inspection and plan review will be charged as a percentage of the estimated construction cost with a minimum basic fee to cover administrative costs associated with the permit and plan review/inspections. Public utilities performing work under a blanket permit, in lieu of providing the inspection and plan review deposit, shall be billed quarterly for costs based on construction activities and plan reviews conducted for the public utilities, by the city, in public rights-of-way and public places.

(B) Plan reviews shall be submitted to the Department of Development Services for review and comment. Two plans shall be submitted and no permits shall be issued or construction started, until the plan review has been completed and plans approved.

(C) No portion of the deposit for repair/replacement costs shall be returned until all work has been satisfactorily completed and all markings, signs, conduits and systems are returned to working order or replaced in kind. This shall also include the removal of pavement markings made to locate underground utilities and facilities and used by the contractor for construction purposes. The street shall be returned to a condition that reflects no evidence of the construction activities. Depending on the location of and direction of the excavation, the contractor may be required to pave to limits of two feet each side of the trench, from the curb to the first lane line, a full lane width, a full half street section or the entire street section should the trench be skewed or impact both sides of the street. Surface treatments, such as chip seal and slurry seal, may be considered based on the condition of the street and area of the patch.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) (1) Except as provided in the Cal. Streets and Highways Code, § 1468, before an excavation/encroachment permit is issued, a deposit in an amount of the estimated construction cost, as determined by the Director of Development Services, shall be paid to the city for damages and as indemnity for any damages, which may be caused by the permitted excavation or obstruction; or in lieu of such deposit, post security in a form approved by the City Attorney.

(2) Security shall indemnify the city for any damages and shall be further conditioned upon the compliance by the applicant with all provisions of this chapter. Such deposit or security shall be for 100% of the estimated construction cost, as determined by the Director of Development Services, to guarantee faithful performance of all work, in a manner satisfactory to the city, and that all materials and workmanship will be free from original or developed defects. The deposit or security will remain in effect until the end of all warranty periods set forth in this chapter. Changes in the work or extensions of time shall in no way release the applicant or surety from its obligations.

(B) (1) Applicant shall furnish to the city a policy or certificate of liability insurance in which the city is the named insured or is named as an additional insured with the applicant. Franchised utilities doing work with their own forces shall not be required to submit insurance certifications or policies. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the city shall be the insured or as an additional insured covering the work whether liability is attributable to the applicant or the city.

(2) The policy shall ensure the city, its officers, employees and agents, while acting within the scope of their duties on the permit, against all claims arising out of or in connection with the work. Coverage shall be in accordance with the current edition of the “Standard Specifications for Public Works Construction” (Green Book), § 7-3. The applicant shall indemnify, defend and hold harmless the city, its officers and agents from all damages, costs or expenses in law or equity that may, at any time, arise or be set up because of damages to property, or of personal injury received by reason or in the course of performing work, which may be caused by any willful or negligent act or omission by the applicant, or any of the applicant’s employees or contractors. The city will not be liable for any accident, loss or damage to the work prior to its completion and acceptance.

(3) All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the city shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective.

(4) The applicant shall be required, on the permit, to affirm that they have a certificate of consent to self-insure, or a certificate of workers’ compensation insurance, or a certified copy thereof (Cal. Labor Code, § 3800) or sign a certificate of exemption from workers’ compensation insurance (work over $100 valuation). Said certification shall certify the applicant shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of California in the performance of the work. After making such certification, should the applicant become subject to workers’ compensation provisions of the California Labor Code, applicant must forthwith comply with the same or the permit shall be deemed revoked.

(C) Owner occupants or owner builders shall not be required to provide said insurance certificates for work with a value under $5,000. Owner occupants or owner builders shall however be bound by the provisions of division (B) above as it relates to indemnification and defense of the city and liability for accident, loss or damage to property or for personal injury. The owner occupant’s or the owner builder’s signature on the application will attest to their understanding and acceptance of the liability exposure for work done by owner occupants or owner builders. Owners or builders shall declare that they are exempt from the Contractor’s License Law and as the owner of the property that they or their employees, with wages as their sole compensation, will do the work and it is not intended or offered for sale. Contractor’s License Law does not apply to an owner of property who builds or improves thereon and who does such work themselves or through their own employees; provided that such improvements are not intended or offered for sale. If, however, the improvement is sold within one year of completion, the owner or builder will have the burden of proving that they did not build or improve for the purpose of sale.

(D) Notwithstanding any provision in this chapter to the contrary, a contractor who has been awarded a competitive bid by the city for a public project involving street excavation or cutting shall not be required to file a bond or special deposit under this section to cover the cost of repairing or replacement of street surface excavated or damaged; provided that the contractor’s bid documents or contract require that they perform such street repair or replacement as a part of the awarded project and that they so perform in a manner satisfactory to the Director of Development Services and in accordance with all provisions of this section.

(E) An agreement between the Redevelopment Agency and the city in a form satisfactory to the City Attorney unconditionally providing and guaranteeing that the agency provide and pay for those excavations/encroachments and other costs required pursuant to the provisions of this section may be filed with the Director of Development Services as security in lieu of the bond, cash or certificate of deposit whenever the excavations/encroachments are located in a redevelopment project area and the agreement recites that the excavations/encroachments are in compliance with the redevelopment plan for the area and in furtherance of the public interest in promoting public or private development.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

Statutory reference:

Contractor’s License Law, see Cal. Business and Professions Code, Division 3, Chapter 9 (commencing with § 7000)

Workers’ Compensation Laws of California, see Cal. Labor Code (commencing with § 3200) and Cal. Code of Regulations, Title 8

(A) Twenty-four hours prior to commencing any work within any public right-of-way or public place, the applicant shall notify the Department of Development Services, Field Engineering Section, to arrange for inspection service. All work shall be performed under the inspection and authority of the Director of Development Services, or his or her authorized representative, and shall comply with this chapter and the policy concerning excavations/ encroachments.

(B) It is unlawful for any person to make any excavations in any street or sidewalk without maintaining safe crossings for vehicle traffic at all street intersections, alleys and private driveways, and safe crossing for pedestrians at intervals of not more than 300 feet. If any excavation is made across any street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided and maintained to all fire hydrants and water valves.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) After work under the permit is commenced, the applicant shall perform the work with due diligence, and so as not to obstruct any street, alley, sidewalk or public place, or travel thereon more than is actually necessary. If the work is not so performed, or if the work does not, in the judgment of the Director of Development Services, comply with the terms of this chapter, the Director of Development Services shall notify the applicant, in writing, that the work is not performed with due diligence, or that the work has not been properly done, and require the applicant, within three days after service of such notice, to diligently proceed with said work or properly complete the same. If the applicant fails to comply with such notice, the Director of Development Services shall do whatever work is necessary to restore the street, alley, sidewalk or public place to the same condition as existed before work began.

(B) The applicant shall be responsible for all costs incurred by the city in the restoration and enforcement actions pursuant to this section.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) The applicant shall warrantee the fitness of all work for the period of one year, or as specified in franchise agreements, after completion of said work against all defects in workmanship or materials. Whenever, within said period of one year, any public improvement so warranted becomes in need of repairs, by reason of any defect in workmanship or material, the Director of Development Services shall serve on the applicant written notice stating what repairs are necessary and requiring such repairs to be made within three days after receipt of said notice. If the applicant fails to comply with such notice, the Director of Development Services shall proceed to make such repairs.

(B) The applicant shall be responsible for all costs, including materials, labor and administration, necessary to repair or replace defective work. Such funds shall be withheld from the bonds or security deposit submitted by the applicant until reimbursement is made or other acceptable arrangement for payment has been established.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

(A) When abandonment of existing facilities is contemplated, the utility shall make every effort to utilize the current alignment and location for the proposed new facilities thereby preserving the available right-of-way. In the event this is impractical or technically infeasible, the owner/user shall be responsible for the removal of the abandoned facility.

(B) Abandoned facilities may be removed when new facilities are installed or may be deferred until such time as the abandoned facility conflicts with proposed new development or the installation of any new facilities. The owner shall coordinate the removal and disposal of the abandoned facilities with the contractor making the new improvements. The owner shall be fully responsible for the disposal of the ducts, conduits, conductors, pipes, fittings and all other portions of the abandoned work and for any hazardous materials that may be present in any of the abandoned facilities. Should contamination be evident in the surrounding soils, the owner shall investigate and mitigate the contamination.

(C) The owner shall maintain records of such abandoned facilities and shall show such abandoned facilities on any requests to locate facilities when there is a reasonable expectation of conflict with the proposed construction. Such facilities shall be clearly designated as abandoned and upon request the owner shall supply information on the material present.

(A) If, after a permit has been issued pursuant to this chapter, and construction has not commenced within 60 days after the date thereof or other date set forth in the permit, then such permit shall become void. Before work commences, the applicant must obtain a new permit and pay the usual fee. The applicant may request, in writing, that the Director of Development Services extend the permit time but such requests shall be made prior to the 60-day expiration date. The request shall state the reasons for the extension, the duration of the extension request and shall provide justification for not beginning the work within the first 60 days. Deposits made on the value of the work may be released upon request of the applicant after the applicant submits evidence of the proper completion of the work or evidence that the permit terminated prior to the commencement of the work. Fees for plan review and inspections performed will not be reimbursed nor applied to re-submittal for a permit for the same area.

(B) Preliminary permits that have been issued to a public agency under the provisions of this chapter but for which an excavation/encroachment permit has not been issued or work commenced within one year of issuance of the preliminary permit, or other date set forth on the permit, shall become void. Re-submittal of the preliminary permit will be required to reactivate the process.

(C) Permits for encroachments into the public right-of-way shall not be granted for any period longer than 30 days.

(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998)

Any person violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. The enforcement of the penal provisions in this section shall not bar the city from pursuing any other remedies permitted by law.

(Ord. MC-1004, passed 10-21-1997)