Simi Valley Municipal Code Art. 2 General Provisions

This chapter shall be known and may be cited as the "Encroachment Law of the City of Simi Valley".

(§ 12000, S.V.M.C.)

The provisions of this chapter shall operate as a supplement to all applicable State Code laws concerning encroachments on City streets. In the event of conflicting provisions, the most restrictive shall prevail.

(§ 12000, S.V.M.C.)

The provisions of this chapter shall not apply to any officer or employee of the City in the discharge of his official duties. Any work performed by any person under contract with, or at the request of, the City shall be exempt from the fee and bond requirements of this chapter.

(§ 12102, S.V.M.C.)

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless the provisions of this chapter expressly provide otherwise.

(§ 12103, S.V.M.C.)

Except as otherwise provided in this chapter, every person shall obtain a permit from the Director of Public Services to do any of the following:

(a) Move, or cause to be moved, on, over, along, or across any street any load or vehicle as defined in Article 1 of this chapter;

(b) Make, or cause to be made, any excavation or encroachment in any street;

(c) Place, change, or renew an encroachment; provided, however, an owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way may, without obtaining a permit, use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or the drainage of the right-of-way. Encroachments for which permits are not required shall be subject to removal pursuant to the procedures and penalties set forth in Sections 1481 through 1485 of the Streets and Highways Code of the State;

(d) Place, construct, or repair any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable, or other work of a similar nature in, over, along, across, or through any street;

(e) Construct, reconstruct, or repair any street light or street lighting system in any street or in any privately-owned thoroughfare which is open to public travel. The provisions of this subsection shall not apply if any agreement with the City exists for the construction, reconstruction, or maintenance of such installation;

(f) Construct, reconstruct, repair, or maintain any overhead structure or other appurtenant facility;

(g) Place or leave any impediment to travel upon any street;

(h) Erect or maintain any post, sign, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, over, under, or within a right-of-way;

(i) Plant or remove any tree, shrub, or growing thing within a right-of-way;

(j) Light or build a fire for the purpose of the disposal of weeds, brush, or debris on a right-of-way;

(k) Use a right-of-way or other City property for commercial motion or still-picture photography;

(l) Use the right-of-way in any manner for purposes of seismological exploration;

(m) Conduct land surveying operations or makes traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public street; and

(n) Cause or permit water, other than water from natural sources, to flow onto or upon any street or road wherein such water is contained within the improved section by curbs or berms.

Any person who does any act set forth in this section without the authority of an encroachment permit shall be guilty of a misdemeanor.

(§§ 12100 and 12100-1 through 12100-14, S.V.M.C.)

Applications for the permits required by the provisions of this chapter shall be made in writing to the Director of Public Services on forms provided by the Director of Public Services.

(§ 12201, S.V.M.C.)

Any applicant for a permit required by the provisions of this chapter shall state in his application the following information:

(a) The name and address of the applicant;

(b) Such other information as is required by the provisions of this chapter; and

(c) Such other information as the Director of Public Services may require.

(§ 12202, S.V.M.C.)

On each application for the permits required by the provisions of this chapter the applicant, or his agent, shall sign a statement that he agrees to preserve and save harmless the City, and each officer and employee thereof, from any liability or responsibility for any accident, loss, or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for.

(§ 12203, S.V.M.C.)

When required by the Director of Public Services, applicants for the permits required by the provisions of this chapter shall attach to, or enclose with, the application three (3) copies of a map, plat, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment.

The Director of Public Services may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.

(§§ 12205 and 12214, S.V.M.C.)

The Director of Public Works may make such changes or additions in any application for the permits required by the provisions of this chapter as in his opinion are necessary for the protection of the streets, the prevention of undue interference with traffic, the safety of persons using such streets, the route over which to move any overheight, overwidth, overlength, or overweight load, the location, depth, dimensions, character, and number of excavations, the encroachments made or placed, and any other permit issued pursuant to the provisions of this chapter.

(§ 12204, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

The Director of Public Works may establish additional requirements for the work to be done pursuant to the permits required by the provisions of this chapter, including the equipment to be used, the type of backfill, the compaction, the paving traffic regulations, the hours of work, the flagmen, the lights, the inspections, and other similar requirements. The Director of Public Works also may require whatever advance notice he deems proper for requests for inspections. The Director of Public Works may add such requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part of the permit.

(§ 12206, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Each permit required by the provisions of this chapter shall specify the time the permit shall become null and void, and the permit shall become null and void on the date so specified unless the Director of Public Works extends such time. The Director of Public Works may extend the time if, in his opinion, the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(§ 12208, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Except as otherwise provided in Section 7-1.215 of this article, all persons shall pay an issuance fee and all the other costs and charges established for the work described in this chapter.

(§ 12216, S.V.M.C.)

Issuance fees and charges collected for repairs, inspections, or engineering pursuant to the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.

(§ 12217, S.V.M.C.)

The following shall be exempt from paying the issuance fee required by the provisions of Section 7-1.213 of this article:

(a) The United States;

(b) The State;

(c) All departments of the City;

(d) Any municipal corporation;

(e) Any school district; and

(f) Any special district organized under State laws.

The Director of Public Services may grant a permit without an issuance fee if he finds that the work to be done has been requested by the City in connection with proposed public works.

(§§ 12218 and 12218-1, S.V.M.C.)

If the Director of Public Works determines that the waiver of any part of the fees required by the provisions of this article is necessary to promote the safety and public welfare, the Director of Public Works may in specific instances waiver all fees and deposits.

(§ 12219, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

The Director of Public Works shall issue a permit required by the provisions of this chapter unless there is a failure to meet any of the following specific criterion, in which event the permit shall be denied:

(a) The permit application provides a completed encroachment permit application which must contain at least the following:

(1) A valid contractor's license;

(2) A current City of Simi Valley business tax certificate;

(3) A California Occupational Safety and Health (CAL-OSHA) permit, if applicable, for trenching in excess of a depth of five (5) feet;

(4) Liability insurance coverage pursuant to limits and standards set by the Director of Public Works for each type of permit per the City's defined policy as promulgated by the Risk Manager;

(5) The engineering design of the proposed encroachment meets applicable City standards; and

(6) The proposed encroachment complies with all applicable Federal, State, county, and City laws, statutes, ordinances, and resolutions.

(b) The proposed encroachment in the public right-of-way will not cause serious delays in traffic movement of the motoring/traveling public utilizing the public rights-of-way. Serious delay herein is a delay in excess of fifteen (15) minutes or more during a.m./p.m. peak hour traffic, i.e. between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m.;

(c) The proposed encroachment will not adversely impact the City's own construction or business activities; and

(d) The proposed encroachment will not disrupt the safe movement of vehicular or pedestrian traffic as determined by the City's Traffic Engineer pursuant to the State of California Department of Transportation Traffic Manual.

(§ 12136, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

By accepting any permit required by the provisions of this chapter, the permittee shall agree to be bound by all the terms and conditions set forth in the permit and in this chapter.

(§ 12207, S.V.M.C.)

Any permit required by the provisions of this chapter may be canceled by the Director of Public Works for any of the following reasons:

(a) When the permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

(b) By failure on the part of the permittee to comply with all of the requirements of the permit;

(c) By failure on the part of the permittee to provide for the public safety; or

(d) For cause.

Action taken pursuant to the provisions of this section shall not constitute a bar to the criminal proceedings provided for in this chapter.

(§ 12137, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Permits issued pursuant to the provisions of this chapter shall be nontransferable.

(§ 12213, S.V.M.C.)

The permittee shall make any permit required by the provisions of this chapter available for inspection by the Director of Public Services, or his representative, or by any peace officer or other person having the responsibility for the safety or maintenance of the street. Each permit for moving shall be in or on the vehicle, or combination of vehicles, to which the permit refers.

(§ 12135, S.V.M.C.)

The fee for each true copy of any permit required by the provisions of this chapter to the permittee shall be twenty-five (25¢) cents.

(§ 12220, S.V.M.C.)

Every permit issued pursuant to the provisions of this chapter for activities or work in, along, on, over, across, or under streets shall be granted subject to the right of the City, or of any other person entitled thereto, to use that part of such streets for any purpose for which such streets may lawfully be used. Proof of the right of the applicant to use streets for the purposes set forth in the application shall be filed with the Director of Public Services.

(§ 12132, S.V.M.C.)

Whenever provisions of this chapter require a permittee to perform any work, take any action, or be liable for any fees or costs, such requirements shall also apply to any person who commences any work for which a permit is required by the provisions of this chapter, whether such person obtains such a permit or not.

Any person who shall commence any work for which a permit is required by the provisions of this chapter without first having obtained a permit therefor shall stop such work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him in violation of the provisions of this chapter and subject to all the penalties therefor.

(§§ 12131 and 12131-1, S.V.M.C.)

Blanket permits, in lieu of the individual permits required by the provisions of this chapter, renewable annually, may be issued to the County, any municipal utility district, municipal water district, public utility, or metropolitan water district, subject to compliance with all the applicable provisions of this chapter. The Director of Public Works may revoke any blanket permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a blanket permit shall not relieve the permittee from making such reports of activity under the blanket permit as may be required by the Director of Public Works and for paying for inspections, repairs, and other costs incurred by the Director of Public Works due to the activity of the permittee. Blanket excavation permits shall be limited to utility trenches not exceeding two (2') feet in width and sixty (60') feet in length, dug at a right angle to the center line of the street, or an excavation not exceeding thirty (30) square feet in area. No street may be closed when using the maximum length option. Two (2) way traffic shall be maintained at all times.

(§ 12210, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Unless exempted from the provisions of this section by law or by the Director of Public Works, each applicant, before obtaining any permit required by the provisions of this chapter, shall deposit with the Director of Public Works a cash deposit, consisting of cash or a certified or cashier's check, in a sum to be fixed by the Director of Public Works as sufficient to reimburse the City in accordance with the schedule of charges adopted by the Council, for restoring the right-of-way to its original condition or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all of the conditions of such permit. Where the size and nature of the project warrant, the Director of Public Works may require the additional deposit of Five Hundred and no/100ths ($500.00) Dollars to indemnify and reimburse the City for work done by or for the City in correcting traffic hazards, unsafe conditions, and any emergency conditions occasioned by, or arising out of, the doing of any work under permit issued to the permittee.

Such cash deposit may be in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit, it shall be with the understanding that he will pay all bills sent him by the Director of Public Works for the work described in this chapter.

(§§ 12227 and 12228, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Any deposit required by the Director of Public Works pursuant to the provisions of this chapter shall be payable to the City and shall be filed or deposited with the Director of Public Works. Ninety (90) days after the satisfactory completion of all authorized work and the fulfillment of all conditions of the permit, the Director of Public Works shall release the deposit upon an application by the permittee.

(§ 12231, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

In lieu of the general cash deposit required by the provisions of Section 7-1.226 of this article, the Director of Public Services may accept from an applicant for the permits required by the provisions of this chapter other types of security as follows:

(a) Surety bonds. The Director of Public Services may accept a surety bond in a sum not less than One Thousand and no/100ths ($1,000.00) Dollars on a form supplied by him and executed by a corporation authorized to engage in surety undertakings in the State. Such bond shall guarantee the payment of all the fees and other charges required by the provisions of this chapter which may become due because of any permits issued during the life of such bond.

(b) Instruments of deposit. The Director of Public Services may accept a certificate of deposit or passbook made payable to the order of the City in lieu of a surety bond.

(c) Insurance certificates. Repealed.

(d) Increase of security. The Director of Public Services may require any type of security that has, in his opinion, become insufficient for the protection of the public interests to be increased to such an amount as he has determined will be sufficient to protect the public interests. He may require special deposits or other security.

(§§ 12229 and 12229-1 through 12229-4, S.V.M.C., as amended by § 1, Ord. 764, eff. December 19, 1991)

No bond, insurance certificate, certificate of deposit, savings and loan share assignment, or other form of indemnification required by the provisions of this chapter shall be acceptable which bears an expiration date not determined by the City.

(§ 12232, S.V.M.C.)

Permittee shall sign an agreement to defend, indemnify and hold harmless the City and its officers, boards, commissions, agents, and employees against and from any and all claims, lawsuits, liabilities or damages of whatsoever nature arising-out of or in connection with the encroachment work or other operations performed by the permittee and shall maintain adequate general and automobile liability insurance to protect from any claims for damages for personal injuries, including death, and for damages to property which may arise from the encroachment work or other operations under the permit required by the provisions of this chapter, whether such encroachment work or other operations shall be performed by himself/herself, or by any agent, or by anyone directly or indirectly employed by said agent. Either City approved endorsements or copy of insurance policies shall be filed with the Director of Public Works and shall be subject to his/her approval for adequacy of protection. The City, its officers, employees, and agents shall be named as additional insureds in any of such insurance policies. Said policies shall be written on an occurrence form and shall not be subject to cancellation or material modification except upon not less than thirty (30) days written notice to the City Clerk by certified mail. Aggregate limits policies or endorsements shall be accompanied by a listing of prior claims to enable the City to ascertain the adequacy of the pro-offered coverage.

(§ 12149, S.V.M.C., as amended by § 1(H), Ord. 764, eff. December 19, 1991)

No changes may be made in the location, dimensions, character, or duration of the encroachment or use as granted by any permit issued pursuant to the provisions of this chapter, except on authorization by the Director of Public Services.

(§ 12134, S.V.M.C.)

All work pursuant to the provisions of this chapter shall be performed in accordance with the Standard Specifications for Public Works Construction, 1973 Edition, as modified and adopted by the City, copies of which are on file in the office of the City Clerk. In the alternative, work may be performed according to the plans and specifications referred to in the permit granted pursuant to the provisions of this chapter and to any special requirements, conditions, and/or specifications which are made a part of such permit. The Director of Public Services shall have the authority to permit work to be performed under less restrictive specifications that set forth in said Standard Specifications for Public Works Construction upon making all of the following findings:

(a) That any work done under less restrictive circumstances as permitted by the Director of Public Services shall be of an interim nature;

(b) That full compliance will be had with the specifications when future planned improvement work is accomplished;

(c) That under the circumstances it would be unsound to require strict adherence to the specifications during the interim;

(d) That the interim exception to full compliance with the specifications will not injuriously affect the public health, safety, and welfare; and

(e) That there has been compliance with all the requirements of the applicable bonds required by the provisions of this chapter, and that such bonds have been approved by the City Attorney, to guarantee the performance of the obligation to faithfully complete any work to be done.

(§ 12133, S.V.M.C., as amended by § 3, Ord. 166)

Before commencing any encroachment work authorized by any permit granted pursuant to the provisions of this chapter, the permittee shall notify the Director of Public Services of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work.

(§ 12209, S.V.M.C.)

If, in the judgment of the Director of Public Works, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit granted pursuant to the provisions of this chapter, the Director of Public Works shall assign an inspector, and the permittee shall pay the City in accordance with the schedule of fees adopted by the Council. The provisions of this section shall be applicable to all permittees, including districts and other political subdivisions.

(§ 12129, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

No person shall interfere with the Director of Public Services, or his duly authorized representative when making any inspection authorized by the provisions of this chapter, or when taking any sample, or when making any test.

(§ 12130, S.V.M.C.)

The permittee shall investigate and be aware of all existing facilities lawfully within the streets which are within the limits of his activities. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately-owned facilities shall be borne by the permittee, unless he makes other arrangements with the owner of the facility, or unless the owner is required by his franchise or agreement to move his facility without cost.

(§ 12143, S.V.M.C.)

The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner shall have the right to support or protect any of its facilities at the sole expense of the permittee. In the event any of such wires, cables, pipes, conduits, poles, or apparatus should be damaged (and for this purpose pipe coating or other encasements of devices are considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(§ 12144, S.V.M.C.)

No moving contractor, as defined in Article 1 of this chapter, shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any street, and it is determined that the height, width, or weight of such load exceeds the height, width, or weight stated in the permit, and property damage results therefrom, the Director of Public Services is hereby authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the Director of Public Services that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility. Any permittee violating the provisions of this section may also be prosecuted pursuant to the provisions of Section 7-1.269 of this article.

(§ 12145, S.V.M.C.)

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface and, in no event, to a thickness less than two (2″) inches. The base course removed shall be replaced to the same thickness as that of the surrounding base course.

(§ 12139, S.V.M.C.)

Where the street surface has been treated with a seal or slurry prior to the work being done, the seal and/or slurry shall be replaced upon the portion of the work being repaired.

(§ 12140, S.V.M.C.)

In those instances where the excavation of the permittee is within an area of a street to be reconstructed by the City, and the resurfacing of the excavation is an integral part of the general City improvement, the Director of Public Works may waive such resurfacing.

(§ 12142, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

When the structural section removed varies from or exceeds the average existing section, the Director of Public Services may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

(§ 12141, S.V.M.C.)

The City may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety, or welfare. Any such removal and relocation of encroachments pursuant to the provisions of this section shall be in accordance with the procedures and penalties provided for in Sections 1481 and 1485 of the Streets and Highways Code of the State.

(§ 12150, S.V.M.C.)

If any City street improvement to the right-of-way requires the relocation or removal of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense, except as otherwise provided by State laws. When relocation is required, the Director of Public Works shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the Director of Public Works and a reasonable time within which the encroachment shall be relocated or removed. If the permittee fails to comply with such instructions, the City may relocate or remove the encroachment at the expense of the permittee in accordance with the schedule of fees adopted by the Council.

In determining what is a reasonable time for the purposes of this section, the Director of Public Works shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation.

The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy City rights-of-way pursuant to a franchise or an express provision of State laws. However, the provisions of this section shall not apply to such public agencies and public utilities if such improvement of the street right-of-way is required due to the construction of a State freeway.

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way, and the hole shall be backfilled and compacted and returned to its preexisting condition, unless the Director of Public Works permits otherwise.

(§§ 12151 and 12212, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

The Director of Public Works may require the permittee to make proper arrangements for, and bear the costs of, the relocation of any structure, publicly-owned facility, tree, or shrub where such relocation is made necessary by the proposed work for which a permit is issued pursuant to the provisions of this chapter. The removal and/or planting of any tree or shrub shall be accomplished in accordance with the applicable provisions of Chapter 3 of this title. The Director shall have the authority to arrange for such necessary relocation work on behalf of the permittee, and at the expense of the permittee, and obtain reimbursement therefor from the permittee.

(§ 12211, as amended by § 7, Ord. 204; and § 3, Ord. 847, effective October 19, 1995)

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public. Except as otherwise provided in Section 942.5 of the Streets and Highways Code of the State, at no time shall a public street be closed or the use thereof be denied to the general public.

(§ 12152, S.V.M.C.)

In the conduct of the encroachment work, supplies and excavated materials shall be properly placed, and the permittee shall provide and maintain such safety devices, including, but not limited to, lights, barricades, signs, and watchmen, as are necessary to protect the public. Any omission on the part of the Director of Public Works to specify in the permit what safety devices shall be provided by, or preventive action required of, the permittee shall not excuse the permittee from complying with all laws and regulations relating to the protection of persons or property under the circumstances. If the Director of Public Works finds that suitable safeguards are not being provided, he may provide, maintain, and relocate such safety devices or take such action as is deemed necessary and charge the permittee therefor in accordance with the schedule of fees adopted by the Council.

Any permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons, and at not more than fifty (50′) foot intervals along the excavation or obstruction, from one-half (;prime;1;2;) hour before sunset of each day to one-half (;prime;1;2;) hour after sunrise the next day, until the work is completed and the right-of-way is made safe for use.

All such safety devices shall conform to the requirements of the Vehicle Code of the State and the sign manuals issued by the Department of Public Works of the State so far as such manuals are applicable.

(§§ 12128, 12128-1, and 12128-2, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

When the location or position of an encroachment impairs visibility to vehicular traffic, the Director of Public Works may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the State, or the Director of Public Works may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public street. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies, or impairs the sight distance for safe pedestrian or vehicular traffic.

(§ 12146, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Every person owning, using, controlling, or having an interest in any pipe, conduit, duct, or tunnel under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia, or oil, or for any other purpose shall file in the office of the Director of Public Services, within sixty (60) days after the complete installation, a corrected set of maps or atlas sheets, drawn to a scale of not more than 200 feet to one inch, showing the complete installation of all such pipes, conduits, ducts, or tunnels. Such maps or atlas sheets, showing the location in detail of such pipes, conduits, ducts, or tunnels, shall also be required when they are abandoned. Maps and atlas sheets submitted periodically by public utilities shall be deemed to be in compliance with the intent of this section.

(§ 12153, S.V.M.C.)

Upon the completion of the encroachment work authorized by a permit issued pursuant to the provisions of this chapter, the permittee shall restore the right-of-way, including the bridges and any other structures thereon, by replacing, repairing, or rebuilding the right-of-way in accordance with the specifications or any special requirements, but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition as directed by the Director of Public Works. Where excavations occur within areas already paved, the Director of Public Works may require temporary paving to be installed within twenty-four (24) hours after the excavated area is backfilled.

In the event the permittee fails to act promptly to restore the right-of-way as set forth in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the Director of Public Works may, at his option, make the necessary restoration. The permittee shall reimburse the City in accordance with the schedule of fees adopted by the Council.

(§ 12138, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

All obligations, responsibilities, and other requirements of the permittee, as set forth in this chapter, shall be binding on subsequent owners of the encroachment.

(§ 12215, S.V.M.C.)

The Director of Public Services shall not charge for any engineering or inspections for permits for the construction of curbs, gutters, walks, and street surfaces except when the construction of curbs, gutters, walks, and street surfaces is in connection with subdivisions or is directly for private interests where the public is not benefited.

(§ 12221, S.V.M.C.)

The Director of Public Works may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with the minimum standards required by the City.

(§ 12225, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

If an applicant receives a permit pursuant to the provisions of Section 7-1.253 of this article, and the governmental agency fails to make the inspection or fails to file evidence as required, the Director of Public Works may inspect the work, and the permittee shall pay the actual cost of such inspection to the Director of Public Works.

(§ 12226, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

The schedule of fees or charges shall be for those fees and charges recommended by the Director of Public Works and adopted by resolution of the Council from time to time. Where work for which a permit is required by the provisions of this chapter is started or proceeded with prior to obtaining such permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed in this chapter.

(§ 12222, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

The Director of Public Services may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit, or other payment required by the provisions of this chapter.

(§ 12230, S.V.M.C.)

The permittee shall be liable for and shall pay for all the costs of the Director of Public Services related to the permit, including, but not restricted to, the following:

(a) The permit issuance fee if it has not otherwise been paid;

(b) The engineering costs, which shall include designing, inspections surveys, and tests;

(c) The cost of any inspection, transportation, or test made;

(d) The cost of repairing or restoring the streets and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the activities of the permittee;

(e) The cost of furnishing and/or maintaining any lights, barricades, or warning devices;

(f) The cost of the alteration, removal, replacement, and/or repair of traffic signals and devices, the removal of temporary and/or permanent traffic stripes, and any other expenses for traffic control;

(g) The cost of removing or remedying any hazardous condition;

(h) The cost of tree trimming; and

(i) Any other cost to the City caused by the activities of the permittee.

(§ 12223, S.V.M.C.)

Whenever any costs are to be charged to any permittee pursuant to the provisions of this chapter, and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public and as defined in the schedule of fees adopted by the Council.

(Ord. 12224, S.V.M.C.)

The Director of Public Works shall bill the permittee or deduct from the deposit made or maintained by the permittee all fees and costs chargeable pursuant to the provisions of this chapter.

(§ 12233, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

If, within thirty (30) days after a bill has been sent, the permittee has not paid the bill rendered pursuant to the provisions of Section 7-1.259 of this article in full, such amount may be deducted from his general deposit, or the Director of Public Services may recover the amount due from any security the permittee has filed pursuant to the provisions of Section 7-1.228 of this article. If the deposit or security is insufficient to pay the amount due, the City may enforce collection by legal means.

(§ 12234, S.V.M.C.)

The Director of Public Services may elect not to issue further permits to the permittee and may hold any deposit, guarantee, or bond of the permittee as long as any bill remains unpaid.

(§ 12236, S.V.M.C.)

At the request of a permittee who maintains with the Director of Public Works adequate security as provided in this article and to whom ten (10) or more permits have been issued monthly for three (3) consecutive months, the Director of Public Works may waive the requirement covering the prepayment of the issuance fees and bill the permittee for issuance fees covering permits issued subsequent to such request. The Director of Public Works may revoke such waiver at any time.

(§ 12235, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

If the Director of Public Services holds any deposit, guarantee, or bond of the permittee for failure to pay a bill, the remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit or to his assigns.

(§ 12237, S.V.M.C.)

An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee.

(§ 12238, S.V.M.C.)

Any fee deposited for driveway inspection or any other unit fee established may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee and no inspection requests were made.

(§ 12239, S.V.M.C.)

If other refunds are in order, the plan-check fee may be refunded also if the plan check was not made.

(§ 12240, S.V.M.C.)

Every person shall obey and comply with every order, decision, direction, or rule made or presented by the Director of Public Services in the matters specified on the permit, or by attachments, or by any other matter in any way relating to or affecting the use of the street, and shall do everything necessary or proper to secure compliance therewith by all of his officers, agents, and employees, except in the case of a public utility regulated by the Public Utilities Commission of the State when such order, decision, direction, or rule is contrary to or in conflict with any order, decision, direction, or rule made or prescribed by the Public Utilities Commission of the State applicable to such public utility.

(§ 12148, S.V.M.C.)

(a) Form: Filing. Any persons aggrieved by the denial or cancellation of a permit may appeal to the City Council within thirty (30) days after the date of such action. The appeal shall be in the form of a written notice filed with the City Clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the Director of Public Works, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his/her appeal making use of criteria for denial of a permit listed in Section 7-1.217 or cancellation of a permit listed in Section 7-1.219, whichever is applicable.

(b) Hearings: Notices. The City Clerk shall set the matter for a hearing within fifteen (15) days after the notice is filed and shall notify the applicant and the Director of Public Works of the time and place of such hearing. The hearing shall be held within sixty (60) days after the notice of appeal is filed.

(c) Hearings: Decisions. At the hearing the applicant shall establish to the satisfaction of the City Council, by a preponderance of the evidence, that he/she is entitled to the issuance of a permit or to the reinstatement of a cancelled permit, pursuant to the provisions of this Chapter. The Director of Public Works shall present his/her grounds for the denial or cancellation of the permit. The decision shall be made within ten (10) days after the conclusions of the hearing and the applicant shall be notified by first class mail, within five (5) days after the City Council's decision. The decision of the City Council shall be final.

(§ 12602, 12602-1, and 12602-2, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)

Any person who performs any work regulated by the provisions of this chapter, either without first obtaining a permit therefor from the Director of Public Services or having a permit, and who fails or refuses to comply with any applicable provision of this chapter or with any condition of the permit, or who performs work contrary to any of the general or special requirements or specifications of the permit shall be deemed guilty of a misdemeanor and shall be guilty of a separate offense for every day during any part of which such violation occurs.

(§ 12601, S.V.M.C.)