Part 5 — CONDITIONS

All permits shall be subject to the following conditions:

A.

All conditions necessary to ensure proper traffic control, public safety and welfare and the lack of conflict with other existing and planned projects, structures or facilities.

B.

An acknowledgment that the permittee agrees to be responsible for any damage caused by its activities to any existing public or private structures or facilities.

C.

The permittee shall indemnify and hold harmless the City of San José and any officers and employees thereof against and from all claims, loss, liability, damages, judgments, decrees, costs and expenditures which the city or such officer or employee may suffer, or which may be recovered from or obtainable against the city or such officer or employee, proximately caused by and growing out of or resulting from the exercise of the permit by the permittee.

D.

All work to be done under a permit shall be completed within six months from the date of issuance.

E.

Permittee is responsible for trench and surface conditions during the time that their facilities remain within the trench.

F.

Any other condition deemed appropriate by the director. If the work is not completed, the permit shall be renewed upon payment of the applicable fee as set forth in the schedule of fees adopted by the city council. If the delay is caused by the city, the permit shall be renewed without charge.

G.

All conditions in the approved Construction Impact Mitigation Plan.

(Ords. 25099, 26996.)

All permits that approve structures shall include the following conditions:

A.

The permittee shall maintain all structures in a safe and clean manner.

B.

All enclosures, screening and landscaping shall be maintained in a safe and clean manner by the permittee. In the event the permittee fails to maintain all enclosures, screening and landscaping after notice from the city, the city shall have the right to provide the maintenance and the permittee shall reimburse the city for all costs incurred for the maintenance within thirty days of receipt of a bill for the work done.

C.

Testing of emergency power equipment shall be limited to weekdays between the hours of 9:00 a.m. to 5:00 p.m.

D.

The permittee shall promptly remove all graffiti on any structure. In the event the permittee fails to remove all graffiti from the structure within two business days after notice by the city, the city shall have the right to

remove any graffiti and the permittee shall reimburse the city for all costs incurred for the removal within thirty days of receipt of a bill for the work done.

E.

Any other condition deemed appropriate by the director.

(Ord. 25099.)