Chapter 12.08 — PERMANENT ENCROACHMENTS

In order to promote the historical significance of certain areas of the city, permanent encroachments identified in Section 4505 of the Uniform Building Code may be constructed provided the following criteria are met; pillars attached to the marquee shall also be allowed provided the following criteria are met:

• A. The property on which the marquee with pillars may be constructed must lie entirely within the area bounded by Pine Street, North Street, Weatherlow Street and Cottage Street;

• B. Property fronting on Main Street must obtain the necessary permits and approval from California Department of Transportation (Cal-Trans) in addition to the city's requirements;

• C. A written construction and encroachment permit shall be obtained from the city engineer/public works department for the subject marquee with pillars, after review and approval of the planning commission;

• D. The construction portion of the permit shall be valid for one year from the date of issuance. (Prior code § 17.30)

• A. Application. The city engineer shall prescribe and provide a regular form of application for the use of any applicant for the permit required by this chapter. The application form shall contain space for the name, address and principal places of business of the applicant, together with such detail as in the judgment of the city engineer is necessary to establish the exact location, dimensions, engineering specifications, design and purpose of the proposed marquee and pillars. An indemnity and hold harmless agreement, duly acknowledged by a notary public, designating the legal description and street location shall be executed by the applicant and submitted with the application. Upon issuance of the permit, the agreement shall be recorded in the official records of Lassen County, state of California. The agreement shall bind the heirs, successors and assigns to the applicant.

• B. Permit Application Exhibits. The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, and of a size and in such quantity as the city engineer may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed marquee and pillars and the right of applicant to so use or encroach thereon.

• C. Consent of Public Bodies—Evidence to be Filed. The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder, required by law of the Public Utilities Commission, California Department of Transportation (Cal-Trans), sanitary districts, water districts or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the city engineer. The permittee shall keep himself or herself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.

• D. Liability for Damages. Permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee, permittee's agents, employees and assigns, under the permit, or proximately caused by failure by permittee, permittee's agents, employees or assigns, to perform obligations under the permit in respect to maintenance. If any claim of such liability is made against the city, its officers or employees, then in such event the permittee, permittee's agents, employees and assigns, shall defend, indemnify and hold the city, its officers or employees, and each of them, harmless from such claim insofar as permitted by law. The permit, upon approval, shall not be issued until permittee has provided to the city a certificate of insurance for general liability coverage for property damage and personal injury, in the sum of one million dollars ($1,000,000.00), on which the city is named as additional insured. The coverage shall be maintained in full force and effect by permittee and any successor permittee during the entire life of the permit. The city council shall periodically review the liability limits required in this chapter and increase same in order to protect the public interest and general welfare. Failure to procure or maintain such insurance shall be grounds for revocation and cancellation of the permit and city may restore the right-of-way to its former condition, all at the expense of the permittee.

• E. Fees. Before a permit is issued, the applicant shall deposit with the city cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection. The schedule of fees will be those established and adopted by the council from time to time by resolution.

• F. Term of Permit—Beginning of Work. The permittee shall bring the work or use authorized by a permit issued pursuant to this chapter, within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within 90 days, or within the time stated in the permit, then the permit shall become void.

• G. Location of Permit. A permit may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be available to an authorized representative of the city engineer or law enforcement officer within a reasonable time after demand therefor is made.

• H. Changes in Permit. No changes may be made in the location, dimension or character of the encroachment as granted by the permit except upon written authorization of the city engineer.

• I. No permit allowed by this chapter shall be issued by the city engineer until the planning commission has reviewed the application, exhibits and given written approval of the project. In case the applicant or any other person is not satisfied with the action of the planning commission on any use permit or variance application, he or she may, within five days, appeal in writing to the city council. Upon receipt of such appeal, the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given as provided by law. Notice shall also be given to the planning commission, which shall submit a report to the city council setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing. The city council shall render its decision not more than 45 days after the close of the hearing.

• (Prior code § 17.31)

• A. Surety Bond Required. Upon approval and prior to issuance of the permit, the applicant must file with the city engineer a bond equal to the cost plus 20% of the work required to be done in order to comply with all the terms and conditions of such permit.

• B. Cash in lieu of Surety Bond. In lieu of a surety bond required by subsection A of this section, the applicant may deposit cash in the amount named in subsection A of this section to secure the performance of the terms and conditions of the permit and the compliance with the provisions of this chapter.

• C. Bond for Continuing Use. An applicant for a permit for an encroachment which is to continue or remain within, under or upon the right-of-way of a public way shall file with the clerk or cash deposit or surety bond equal to the cost plus 20% in making the right-of-way safe and convenient for travel to the general public, including but not limited to repairs, replacement and upkeep of any encroachment allowed by the permit.

• D. Additional Bond or Cash Deposit. The city engineer may require an additional bond or cash deposit required by subsections A through D of this section at any time when in his or her opinion the amount of the bond or cash deposit previously made is insufficient. The additional bond or cash deposit shall be provided within 10 working days.

• E. Requirements of Bond Provisions. The aforesaid bonds shall be executed by the applicant or contract doing work as principal and by a surety company authorized to do business in the state as surety. The bond shall name the city as obligee and shall be conditioned as follows:

  1. That each and all of the terms and conditions of the permit shall be fully performed and complied with to the satisfaction of the city engineer;

  2. That each and all of the provisions of this chapter are complied with.

An extension of time for performance of work may be granted by the city engineer, but no such extension of time shall be valid unless written and no such extension shall release any surety company upon any bond. In the event an extension is granted, permittee shall provide to the city proof that the bonding requirements have been met for the extension period.

• F. Bond Payable to the City. Any bond or cash deposit required by the city engineer pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit according to the terms of the permit and this chapter, the bond or cash deposit shall be released.

(Prior code § 17.32)

• A. Duties of Permittee—Safeguards. The permittee in the conduct of the work, use or maintenance, of an encroachment authorized by a permit issued pursuant to this chapter shall provide, erect and/or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public. Any omission on the part of the city engineer to specify in the permit what lights, barriers or other protective measures or devices shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the city engineer finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former conditions, all at the expense of the permittee.

• B. Duties of Permittee—Excavations and Obstruction. A permittee making any excavation or erecting or leaving any obstruction within, under or upon the right-of-way, or causing the same to be made, erected or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than 50 foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed 200 feet and 400 feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

(Prior code § 17.33)

• A. Beginning of Work. Before beginning any work on the marquee and pillar permanent encroachment project authorized by a permit, the permittee shall notify the city engineer.

• B. Completion of Work. The permittee shall upon completion of all work authorized in the permit, notify the city engineer. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is approved in writing by the city engineer.

(Prior code § 17.34)

If the work, use or encroachment authorized in the permit issued pursuant to this chapter shall interfere with established drainage, the permittee shall provide for proper drainage as directed by the city engineer.

(Prior code § 17.35)

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structure and/or other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper accordance with the properly constituted authorities charged with their control and maintenance. The work area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required.

(Prior code § 17.36)

Upon completion of the work, acts or things for which the permit was issued, or when required by the city engineer, the permittee shall replace, repair or restore the public street and right-of-way 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 or placed upon the right-of-way of the public street under the permit, and shall do any other work or perform any act

necessary to restore the public street, right-of-way, and encroachments authorized under the permit, to a safe and usable condition.

After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining encroachment authorized by the permit and the area affected by the encroachment. The permittee shall at all times repair and make good any injury or damage to any portion of the street or right-of-way which occurs as the result of work done under the permit, including any and all injury or damage to the street or right-of-way, which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the city engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, or the encroachment authorized by the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damages require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacements or perform the necessary work and the permittee or his successors, heirs and assigns shall be charged with all expenses incurred in the performance of such work.

(Prior code § 17.37)

All work done under a permit issued pursuant to this chapter shall conform to specifications established by the city engineer, or in the absence of established specifications to recognized standards of construction and approved practices in connection with the work to be done. All work shall be done subject to the supervision of, and to the satisfaction of, the city engineer. (Prior code § 17.38)

No material shall be stored within the traveled way or sidewalk, unless otherwise approved by the city engineer. Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the city engineer. (Prior code § 17.39)

Utility services and other small diameter pipes or rigid conduits shall be jacked or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit. (Prior code § 17.40)

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet over each, unless otherwise specified in the permit. Within the public street, the minimum cover of three feet shall be measured from the surface, existing or planned. The city engineer is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures or other engineering necessity. (Prior code § 17.41)

Backfilling of an excavation shall be in accordance with specifications established by the city engineer or as otherwise required by him or her, both as to material and method; and backfill shall not be placed in an excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the city engineer. (Prior code § 17.42)

Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the Public Utilities Commission and other public agencies having jurisdiction.

No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders and regulations of the Public Utilities Commission.

When a pole, brace, stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. (Prior code § 17.43)

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the city engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Public Works of the state of California at the expense of the permittee.

(Prior code § 17.44)