Victorville Municipal Code Ch. 9.11 Permits for Work in Public Right-of-Way Generally

The city engineer may issue permits, as provided for and under the conditions set forth in this title, authorizing the permittee to do any of the following acts:

(a) Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any highway for any purpose, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the highway;

(b) Construct or repair, or cause to be constructed or repaired any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert, or work of any nature, or place, change or renew an encroachment in, over, along, on, across or through any highway or public right-of-way, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under a franchise for public utility purposes where such poles, guys and anchors are located outside of the paved or traveled portion of the highway;

(c) Move or cause to be moved over, upon, along or across any highway, any building or structure;

(d) Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any highway, excepting necessary pruning or trimming to protect persons or property.

(Ord. No. 2349, § 3, 5-17-16)

(a) Except as otherwise provided in this title, no permit shall be issued for any of the acts set forth in Section 9.11.010, or for other work within a highway or the public right-of-way, until the applicant has done all of the following:

(1) Submitted a written application to the city engineer in a form provided by or otherwise acceptable to the city engineer;

(2) Paid all permit issuance fees and other permit-related fees and charges (e.g., for inspection, plan checking, and engineering services associated with the permit) as set forth in any engineering schedule of fees adopted under Section 9.04.080;

(3) When required by the city engineer (for the purpose of ensuring that work is conducted/completed in a manner that protects the health, safety and welfare of traveling public), or when required by the provisions of Chapter 17.60 of this Code, filed an agreement with the city guaranteeing (among other things) that any required work will be performed in conformance with the conditions of any applicable permit issued relating to the work, and the approved plans, city specifications and other applicable provisions of this title, this Code or laws; and within the time specified therein;

(4) Posted or deposited with the city engineer securities, as described in Section 9.11.070, to guarantee the performance of the terms or conditions of the permit or any agreement required by Section 9.11.020(a)(3), above; unless exempted by the city engineer (following a determination that the public health, safety and welfare will not be adversely affected thereby) or exempted by specific provisions of this title, this Code or other applicable laws;

(5) Provided appropriate liability and other insurance coverage (and proof thereof) in the amounts and types required by the city's risk manager, including any required endorsements;

(6) Signed a statement that he/she/it 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 negligence or the negligence of his agents, servants, employees or contractors in the design or performance of any work undertaken under any permit granted pursuant to the application;

(7) Provided plans, maps and traffic control plans if required pursuant to Section 9.11.030.

(b) The filing of an application or the issuance of a permit pursuant to this title shall not be deemed a waiver of any right or claim of right by the applicant or permittee.

(Ord. No. 2349, § 3, 5-17-16)

(a) If in the opinion of the city engineer, the work proposed to be done requires the making of plans or the setting of stakes, or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent, state-licensed engineer.

(b) At minimum, a map indicating the location of the proposed work shall be submitted with the application for permit to work in the public right-of-way, identifying the nearest streets and a directional arrow indicating north.

(c) Traffic control plans are required to be submitted with an application for permit to work in the public right-of-way for all work that will impede vehicular and/or pedestrian traffic in accordance with the latest edition of the state of California Manual of Temporary Traffic Control Devices (MUTCD) or the Work Area Traffic Control Handbook (WATCH).

(Ord. No. 2349, § 3, 5-17-16)

Each permittee shall perform and complete all work in accordance with plans, if plans are made, and specifications referred to in the permit or agreement, to the satisfaction of and under the supervision of the city engineer and in accordance with all city standards and requirements.

(Ord. No. 2349, § 3, 5-17-16)

No permit allowing digging or excavation under the surface of any highway or public right-of-way, sidewalk or other public place shall be issued or valid until the applicant provides to the city engineer the inquiry identification number assigned to said applicant by the regional notification center as required by the provisions of Government Code Sections 4216 through 4216.9.

(Ord. No. 2349, § 3, 5-17-16)

The permit issuance fees required by the provisions of this title are for the purpose of defraying the administrative processing costs associated with issuing the requested permit. No part of any issuance fee may be refunded to any applicant. However, other permit-related fees (such as those paid at the time of permit application for inspection, plan checking and other engineering services associated with the permit) are refundable to the applicant in the event the permitted work is not performed or the permit-related fees were collected erroneously. Any requests for such refunds shall be made on a form provided by or otherwise acceptable to the city engineer.

(Ord. No. 2349, § 3, 5-17-16)

(a) All applicants shall provide to the city engineer securities in the amount approved by the city engineer to be sufficient to pay for the costs occasioned by the future acts of the applicant for which a permit shall be issued (e.g., the total cost of the construction, or in the case of excavation work or highway surface repairs, the amount required to cover the cost of repairing or restoring the highway or public right-of-way to its former condition) by one of the prescribed methods identified in Section 17.64.060(a). Except as may otherwise be set forth in this title, the amount of such securities so required (and any associated warranty period) shall be as prescribed in Section 17.64.060(b) of this Code.

(b) The reduction and/or release of securities will follow the same method as provided for in Section 17.64.070.

(c) All securities shall be in a form prescribed by the city engineer and approved by the city's risk manager. Surety bonds shall only be accepted from surety companies currently admitted and authorized to transact surety insurance business in California by the California Department of Insurance.

(d) Additional securities. The city engineer may require additional securities at any time when evidence indicates that the amount of the securities previously provided is insufficient to cover the cost of restoring or repairing the highway or public right-of-way to its former condition or to otherwise guarantee the completion of construction, excavation or other work occurring in the highway or public right-of-way and/or the future acts of the applicant to whom the permit was issued.

(Ord. No. 2349, § 3, 5-17-16)

Permit issuance fees and other permit related fees charges for repairs, inspection, or engineering services collected under the provisions of this title shall be deposited in the respective funds from which the corresponding disbursements are made.

(Ord. No. 2349, § 3, 5-17-16)

Not less than twenty-four hours before the commencement of any work covered by this title, the permittee shall call the city's inspection hotline to schedule pre-inspection or pre-construction meeting for the work and supply such information as is requested. Within twenty-four hours of completion of any work covered by this title, the permittee shall likewise call the city's inspection hotline and provide the requested information in order to schedule an inspection of the completed work. The city engineer may waive any inspection if he believes such inspection is not necessary and is in the best interests of the city; provided that the public health, safety and welfare will not be adversely affected by such waiver.

(Ord. No. 2349, § 3, 5-17-16)

If the applicant for a permit complies with the provisions of this title applicable to the type of permit at issue, and with all other applicable laws and provisions of this Code, the city engineer shall issue to the applicant a written permit to perform the work set forth in the application. Upon the issuance of such permit the application shall become a public record.

(Ord. No. 2349, § 3, 5-17-16)

Any permit issued by the city engineer for construction, excavation, obstruction, moving or other work in the highway/public right-of-way or the conditions to which such permits have been made subject, may be amended or changed if the city engineer deems such amendment or change to be necessary for the protection of the highways or public right-of-way, or to prevent undue interference with traffic, or to protect both persons and property within, upon or adjacent to said highways or public right-of-way from damage or danger. Notification of the amendment or change shall be made by the city engineer either by mailing written notice to the permittee at the address indicated on the permit application, or by making personal service of said written notice upon the permittee. The amendment or change shall be effective either twenty-four hours after said written notice is deposited in the United States mail, postage prepaid, or immediately upon completion of personal service.

(Ord. No. 2349, § 3, 5-17-16)

Every permittee shall commence the proposed work within thirty days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. Failure to comply with the provisions of this section shall render a permit void without further action of the city engineer, unless in his opinion a good and sufficient reason exists for any delay.

(Ord. No. 2349, § 3, 5-17-16)

The duration of a permit shall be dependent upon the work being conducted. A permit shall be valid for the periods of time specified herein (or for time period set forth in the issued permit itself):

(a) Single-family subdivision projects shall be valid for two years in conjunction with the length of time of the subdivision agreement.

(b) Commercial and industrial subdivision projects shall be valid for six months.

(c) Multi-family project permits shall be valid for six months.

(d) Utility permits shall be valid for ninety days.

(e) Drive approaches, sidewalk, curb and gutter permits shall be valid for ninety days.

(Ord. No. 2349, § 3, 5-17-16)

(a) The duration of a valid permit may be extended if so requested in writing by filing with the city engineer an application prior to the permit's expiration that includes the following information:

(1) Permit identifier.

(2) Length of extension requested.

(3) Reason for extension.

(b) The fee or charge associated with the extension of a permit shall be as set forth in any engineering schedule of fees adopted under Section 9.04.080.

(Ord. No. 2349, § 3, 5-17-16)

The city engineer may refuse to issue a permit for construction, excavation, obstruction, moving or other work in the highway/public right-of-way (or may revoke outstanding permits heretofore or hereafter issued, or any portion thereof) under the following circumstances:

(a) Where the work has not been started;

(b) When the work authorized by the permits, or such portions thereof, is included in the proposed work to be done by any existing assessment district, or by any proposed assessment district for which formation proceedings have been instituted by the city council;

(c) If the applicant has previously failed or refused to comply with the provisions of this title applicable to such permit;

(d) If the city engineer has reasonable cause to believe that such construction, excavation, obstruction, moving or other work in the highway or public right-of-way will endanger the health and welfare of the residents of the area where the work will be performed;

(e) If the city engineer has probable cause to believe the permittee, or any agent, official, or employee of the permittee, has misrepresented, falsified, or concealed any material fact in any application for such permits.

(Ord. No. 2349, § 3, 5-17-16)

Permits issued pursuant to this title are nontransferable.

(Ord. No. 2349, § 3, 5-17-16)

(a) Every permit granted for construction, excavation, obstruction, moving or other work in the highway/public right-of-way, shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such highway or public right-of-way for any purpose for which such highway or public right-of way may lawfully be used.

(b) Each applicant for a permit shall file with the city engineer, if required by the city engineer, proof of the applicant's right to use the highway for the purposes set forth in the application.

(Ord. No. 2349, § 3, 5-17-16)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the city engineer in writing on a form prescribed by the city engineer.

(Ord. No. 2349, § 3, 5-17-16)

(a) The city engineer may require any person who, pursuant to a duly issued permit under this title, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the city engineer, whenever such move is necessary to insure the safety of the traveling public or to permit the improvement of the highway or public right-of-way and may require the application to contain a signed statement by the applicant to this effect; provided, however, that the foregoing requirements shall not apply to any right which has been continuously exercised since a time prior to the date when such portion of the highway became part of a public highway, or which right exists by virtue of a document recorded prior to such date in the office of the county recorder of San Bernardino County, California, provided that such right has not (in either case) been subordinated by a document recorded in such office to the right of the public to maintain such portion of the highway.

(b) The city engineer shall not require the applicant to move or change the location of construction work or encroachments for a temporary purpose.

(c) The city engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in said demand and thereafter diligently prosecute the same to completion.

(d) In the event the permittee fails to comply with any such demand, the construction work or encroachment specified in the demand may be removed by the city engineer, and the cost thereof may be recovered from the permittee by the city.

(Ord. No. 2349, § 3, 5-17-16)

No person shall place or pile any material in or upon any highway or public right-of-way or leave any obstruction, personal property or impediment to travel in or upon any highway or public right-of-way without having first obtained a permit to do so. Such non-permitted materials, obstructions or personal property so placed shall be subject to removal by the city in accordance with the provisions of Section 9.11.220.

(Ord. No. 2349, § 3, 5-17-16)

A person shall not prevent or obstruct the city engineer, or his duly authorized representative, in making any inspection authorized by this title or in taking any sample or in making any test.

(Ord. No. 2349, § 3, 5-17-16)

(a) During any work for which a permit under this title has been issued, the work area shall be maintained free of unnecessary debris.

(b) A permittee upon completion of any work for which a permit under this title has been issued, shall remove all material and debris. Any material, personal property, or debris located on the highway shall be subject to removal after seventy-two hours following the issuance of a seventy-two-hour notice clearly posted on the subject material, personal property or debris.

(c) Such notice shall state:

(1) The date the notice is issued;

(2) The section of this Code violated;

(3) The date by which the material, personal property or debris must be removed;

(4) A statement that the city's costs of transportation, handling and storage associated with removing the material, personal property or debris will be assessed;

(5) Contact information for the issuing department.

(d) The city engineer or city enforcement personnel shall cause immediate removal of material, personal property or debris if such items are found to be traffic hazard.

(e) The owner of such material, personal property or debris shall be liable for transportation, handling and storage cost associated in the removal of such items.

(Ord. No. 2349, § 3, 5-17-16)

If the city engineer by survey or by inspection or by both ascertains that the work contemplated by this title has been completed according to the requirements of the permit issued therefore, and of all of the provisions of this title, he/she shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. No. 2349, § 3, 5-17-16)