Article III — Permit and Fees

The written permits required by this chapter shall be issued by the City Engineer, subject to conditions set forth in this chapter or required by law. No permit shall be granted pursuant to this chapter for any small cell wireless facilities encroachment of any nature upon any existing or new structure in the public right-of-way unless a permit applicant provides evidence satisfactory to the City demonstrating the property owner's consent or other form of proof demonstrating the applicant's legal right to use the property upon which proposes to attach the small cell wireless facility. The applicant must demonstrate evidence satisfactory to City for each and every proposed small cell wireless facility.

(Ord. 19-59 § 20, 1959; Ord. 855-19 § 2, 2019)

The City Engineer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place 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, duration and purpose of the proposed use or encroachment. Applications for a permit required by this chapter for the deployment of small cell wireless facilities upon new or existing structures in the public right-of-way shall provide evidence establishing the proof of legal right to locate on such property as required by Section 12.08.140.

(Ord. 19-59 § 21, 1959; Ord. 855-19 § 2, 2019)

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, when required by the City Engineer, of a size and in such quantity as he or she may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon.

(Ord. 19-59 § 22, 1959)

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, 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 him 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 and shall cause all his or her agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders. (Ord. 19-59 § 23, 1959)

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 under the permit, or proximately caused by failure on permittee's part to perform his or her obligations under the permit in respect to maintenance. If any claim of such liability is made against the City, its officers or employees, permittee shall defend, indemnify and hold them, and each of them harmless from such claim insofar as permitted by law. (Ord. 19-59 § 24, 1959)

The schedule of fees will be those recommended by the City Engineer and established and adopted by the City Council from time to time by resolution. 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, all in accordance with schedule established and adopted by the City Council. (Ord. 19-59 § 25, 1959)

Public utilities may, at the City Engineer's option, make payment for the charges in Section 12.08.190 as billed by the City instead of advance deposits required in Section 12.08.190. (Ord. 19-59 § 25, 1959)

Fees will be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way. (Ord. 19-59 § 25, 1959; Amended during 1990 republication)

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit, is moved on any public right-of-way, a permit to do so must first be granted by the City Engineer as set forth in specifications established by the City Engineer, or as otherwise required by him or her. (Ord. 19-59 § 26, 1959)

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety days, or within the time stated in the permit, then the permit shall become void. A permit for continuing a use or maintaining an encroachment previously authorized except when issued to a public agency or a public utility holding a franchise from the City, shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use, or removal of the encroachment, for which the permit was issued.

(Ord. 19-59 § 27, 1959)

The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the City Engineer finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he or she may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the City for all expenses by the City Engineer in restoring the right-of-way.

(Ord. 19-59 § 28, 1959)

The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the City Engineer or law enforcement officer on demand.

(Ord. 19-59 § 30, 1959)

A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the City Engineer or law enforcement officer within a reasonable time after demand therefor is made.

(Ord. 19-59 § 30, 1959)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the rights-of-way.

(Ord. 19-59 § 31, 1959)