San Jose Municipal Code Part 6 Miscellaneous Provisions

Prior to issuance of a Permit, the Applicant shall submit all of the following for the Director's review and approval:

A. Improvement plans prepared by or under the direction of a registered civil engineer, including, without limitation, structural design and construction details as required.

1. The form and content of all plans shall be in accordance with the standards of the Public Works Department and good engineering practice.

2. When required by the Director of Public Works, the Applicant shall provide detailed engineering calculations upon which the design of any improvements is based.

B. A plat map and legal description of the Public Property where the Encroachment is proposed to reside.

C. A legal description of the Permittee's property, prepared by or under the direction of a registered civil engineer.

D. For Minor Encroachments, the Director may waive any of the foregoing requirements if, in the Director's opinion, such a waiver is in the public interest.

(Ord. 29966.)

Each Applicant and Permittee shall be responsible for securing the consent of any public agencies, public or quasi-public utilities and adjacent property owners that may be required for the placement, installation, construction, maintenance, repair, use or removal of the Encroachment. Applicants and Permittees shall be solely responsible for any costs and expenses necessary to secure such consent.

(Ord. 29966.)

Each Permittee shall maintain accurate and complete drawings, plans, specifications and maps of the precise location, dimensions and character of the Encroachment and shall furnish to the Director of Public Works copies thereof upon his/her demand, at no cost to the City.

(Ord. 29966.)

Cost recovery fees shall be collected in connection with Permits processed or issued under this Chapter, as set forth in the Public Works fee schedule and adopted by resolution of the City Council.

(Ord. 29966.)

Any person that has violated any provision, or failed to comply with any of the requirements, of this Chapter shall be guilty of a misdemeanor. The Director shall enforce all of the provisions of this Chapter and any Permit issued thereunder by any method specified in Title 1 of the San José Municipal Code.

(Ord. 29966.)