San Leandro Municipal Code Art. 3 Performance of Work

(Legislative History: Ordinance No. 2019-001, 1/7/19 (Section 5-1-300))

The Public Works Director shall from time to time establish such standards and specifications as he or she deems necessary for the proper construction, use and maintenance of encroachments and for the safety, protection and convenience of the public, which standards and specifications shall be applicable to all permittees. Any work or use done under all permits shall conform to the City's standard plans and specifications, unless otherwise required by the Public Works Director. All work or use pertaining to the deployment, installation or location of small cell wireless facilities shall conform with applicable general guidelines and specific design criteria set forth in this Code, and administrative guidelines established by the City and in effect, as may be amended from time to time. If inadequate provision is made for the safety, protection and convenience of the public by the permittee, the Public Works Director may take such action as he or she deems necessary for the protection of the public and shall charge the permittee therefor.

The permittee shall comply with all applicable federal, state and local laws and regulations, including Department of Industrial Relations of the State of California (CAL-OSHA) rules and regulations.

The permittee shall allow the Public Works Director to inspect any or all work done pursuant to the permit at reasonable times.

The permittee shall notify the Public Works Director at least 24 hours in advance of beginning work. If appropriate the permittee shall give such advance notice as may be required by the Public Works Director to the Police Department and/or Fire Department of the location and nature of the proposed work.

Upon completion or the work, acts or things for which the permit was issued, or when required by the Public Works Director, the permittee shall replace, repair or restore the street at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition.

If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the Public Works Director.

Upon completion of all work authorized in the permit, the permittee shall notify the Public Works Director in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the Public Works Director unless such final inspection is waived by the Public Works Director in writing.

After completion of all work, the permittee shall exercise reasonable care in monitoring and maintaining the area affected by the encroachment. For a period of two years after final inspection of the work by the Public Works Director or the date of waiver of final inspection, the permittee shall repair any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. Any public utility, public agency or franchisee which is authorized by law or contract to establish or maintain any works or facilities in, under or over any street shall monitor, maintain, and/or repair the street or any portion of it where the public utility, public agency or franchisee has made any excavation for the life of any works or facilities contained in or under the street.

The permittee shall repair any injury or damage in any portion of the street, resulting from the work done under the permit within the period of time required by the Public Works Director. In the event that the permittee fails to act timely or should repair or replacement be required before the permittee can be notified or can respond to notification, the City may make or cause to be made the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of said work, including overhead.

If any future construction, reconstruction, or maintenance work by the City or required by the City on a street requires the relocation, removal or abandonment of installations or encroachments in, on or under a street, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense. When removal, relocation or abandonment is required, the Public Works Director shall give said permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the City may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.