San Jose Municipal Code Part 3 Permit Terms and Conditions

A. Each Permit for a Major Encroachment shall not be effective until all of the following conditions have been satisfied:

1. The Encroachment has been approved by the City Council in accordance with this Chapter;

2. The Applicant has executed an Encroachment Agreement;

3. The Applicant has filed with the City satisfactory evidence of compliance with required insurance coverages; and

4. The Permit has been recorded on the Permittee's property.

B. Each Permit for a Minor Encroachment shall not be effective until all of the following conditions have been satisfied:

1. The Encroachment has been approved by the Director in accordance with this Chapter;

2. The Applicant has filed with the City satisfactory evidence of compliance with required insurance coverages; and

3. The Applicant has executed the Permit, which shall incorporate the terms of the Encroachment Agreement.

(Ord. 29966.)

A. All Encroachments governed by this Chapter shall be subject to the terms of an Encroachment Agreement. For privately owned or maintained Encroachments governed by this Chapter, an Encroachment Agreement shall be executed even if a Permit under this Chapter is not required.

B. All Encroachments shall be allowed only as a revocable license. The City may revoke or terminate Permits issued under this Chapter if: (i) the City determines to use the Public Property for a public purpose; (ii) the City determines that the Encroachment conflicts with the public's current or prospective use of the Public Property; (iii) the City determines that the Encroachment constitutes a public nuisance; (iv) the Encroachment is declared unlawful by a court of competent jurisdiction; or (v) the Permittee is in default under the Encroachment Agreement.

C. Upon the revocation or termination of a Permit, it shall be the Director's responsibility to require the Permittee, at its sole expense and within thirty (30) days after revocation or termination, to remove the Encroachment and restore the Public Property to its pre-Encroachment condition, all to the Director's satisfaction.

D. The Permittee shall agree to indemnify the City with an indemnification agreement satisfactory to the City Attorney.

E. The City's Risk Manager shall establish and may modify the minimum public liability insurance requirements for Permits. The policy of insurance shall be maintained by the Permittee at its sole expense at all times during the term of the Permit.

F. For Major Encroachments, an Encroachment Agreement shall be recorded on the Permittee's property and be binding on the Permittee's transferees and successor owners. The Permittee shall notify successor owners of the Encroachment's existence and the Encroachment Agreement's terms prior to the sale or transfer of its property. Successor owners shall submit written consent to the Encroachment Agreement's terms at least sixty (60) days prior to their acquisition of the property.

G. Once a Permit is issued for a Major Encroachment, no changes may be made to the Permit without the City Council's approval. Once a Permit is issued for a Minor Encroachment, no changes may be made to the Permit without the Director's written authorization; provided, however, that the City Council must approve any changes that would result in a Minor Encroachment becoming a Major Encroachment.

H. By applying for authorization to maintain an Encroachment under this Chapter, the owner of the proposed Encroachment shall be deemed to have consented to the terms of the Permit and agrees to comply with and be bound by all applicable provisions of this Chapter.

(Ord. 29966.)