It shall be unlawful to construct any street work in any street or alley in the City, to place any obstruction upon the surface thereof or to change the surface or grade of any such street or alley without first obtaining an encroachment permit from the Public Works Director, and completing such work in the manner required by the permit and to standards of design and construction adopted by the City. Subdivisions shall be deemed to fall within the requirements of this Chapter.
(Prior code § 2701)
A. 
No encroachment permit under this Chapter shall be issued unless a written application for the issuance of an encroachment permit is submitted to the Public Works Director. The written application shall state the name and address and principal place of business of the applicant, the name and address and telephone number of the person responsible or in charge of the work, the location and dimensions of the installation, the purpose of the facility and the approximate time which will be required to complete such work and remove waste material and debris.
B. 
When a completed application for a permit is received by the Public Works Department, the application shall be approved or denied by the Public Works Director, or designee, within 60 days after the date of his or her receipt.
C. 
An application for a permit sought pursuant to this Chapter shall not be complete until the applicant has complied with all requirements, including any analysis required under the California Environmental Quality Act (CEQA) and State CEQA Guidelines, and has paid the required fee as established by a resolution of the City Council.
D. 
Any permit shall be subject to any reasonable conditions or limitations imposed thereon, to assure the elimination or avoidance of adverse effects.
E. 
If the applicant complies with every provision of this Chapter and with all applicable provisions of this Code, the Public Works Director may issue to the applicant a written permit to perform the work set forth in the application. The application, when approved and signed by the Public Works Director, shall constitute the permit.
F. 
An extension of time may be granted by the Public Works Director for good and sufficient reasons.
G. 
In the event the Public Works Director denies an application for a permit, the Director shall notify the applicant of the denial and furnish to the applicant a detailed explanation of the reason(s) for the denial.
H. 
In the event an applicant wishes to appeal the Public Works Director's decision to deny an application or revoke a permit issued pursuant to this Chapter, the decision may be appealed to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.
(Prior code § 2702; Ord. 1589(13) § 3; Ord. 1673(20) § 31)
Permit fee based on the application shall be charged by the City for issuance of an encroachment permit according to a resolution of Council establishing such fees.
(Prior code § 2703)
A. 
Prior to the issuance of a permit under this Chapter, the applicant shall file a certificate of insurance with a responsible carrier insuring the applicant and the City against liability for damages to persons or property arising out of the work covered by the permit. Such insurance shall be in an amount determined by the Public Works Director.
B. 
By accepting the permit under this Chapter, the applicant shall be deemed to agree to hold the City, the City Council and officers and employees of the City free and harmless from damage or injury to any person or property arising from his or her work or installation, and to be liable for the settling of paving or other work covered by his or her permit until 12 months after completion.
(Prior code § 2705)
A. 
The Public Works Director shall require a bond, letter of credit or other security instrument for all permits issued pursuant to this Chapter wherein the applicant seeks to install any above ground utility structure. Said bond shall be in an amount deemed adequate by the Public Works Director, based on the cost of construction, repair, removal or other reasonable factors.
B. 
All unused, above ground utility structures in the right-of-way, shall be removed promptly and the owner shall promptly restore the street, alley, or other area of the right-of-way from which such encroachment has been removed to a condition satisfactory to the Public Works Director. Any above ground utility structure not in use for 12 months or more shall be deemed abandoned. If after notice from the City, the owner fails to remove an abandoned structure within a reasonable time, the City may remove the structure and seek reimbursement from the owner, or the City may act on its right under the security instrument on file.
(Ord. 1589(13) § 4)
Upon the issuance of a permit for the construction of any curbs, gutters, sidewalks or driveways, except in subdivisions, the proper location and elevation thereof will be established by the City Engineer, who will cause alignment and grade stakes to be set therefor. It shall be unlawful for any person to move, alter, damage or deface any such stakes without the express permission of the City Engineer or his or her duly appointed representative. No charge will be made for the placing by the City of such grade and alignment stakes, provided, that should it be necessary for any reason to have the stakes reset, a charge of ten dollars per stake will be made therefor.
(Prior code § 2708)
A. 
The City shall prepare and adopt the approved plans for all street and alley surfacing work done by it under contract, and if the street work is being done by other persons such persons shall prepare plans and obtain the approval of the City Engineer.
B. 
The City Council shall adopt standard cross-sections, prepared by the City Engineer, which shall be followed in such street and alley work.
(Prior code § 2709)
During the time any obstruction to traffic in the street exists by reason of an encroachment under this Chapter, or while the work done under an encroachment permit progresses, the permittee shall take sufficient precautions to protect the public from any harm by proper use of barricades and lights. Barricades shall be placed at every point of danger, as determined by the Public Works Director. Lights shall be at each end and along the sides not more than 25 feet apart, during the hours between dusk and sunrise. The permittee shall take appropriate measures to assure that during the performance of the work, traffic conditions as nearly normal as possible shall be maintained at all times and to minimize inconvenience to the occupants of the adjoining property and to the general public.
(Prior code § 2710)
A. 
Any permittee under this Chapter shall at its own expense protect, support temporarily, disconnect, relocate in the same street, alley or public place, or remove from any street, alley or public place, any property of the permittee when required by the Public Works Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, traffic signals and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity or any other structures or public improvements; provided, that the permittee shall, in all such cases, have the privileges and be subject to the obligations to abandon any property of the permittee in place. Upon failure of the permittee to complete any work required by law or by the provisions of this Chapter to be done in any street, within the time prescribed, and to the satisfaction of the Public Works Director, the Public Works Director may cause such work to be done and the permittee shall pay to the City the cost thereof in the itemized amounts reported by the Public Works Director to the permittee, within 30 days after receipt of such itemized report.
B. 
Notwithstanding Subsection A of this section, in the event that an existing utility line or associated equipment is in conflict with a City use, said utility shall be required to move its lines or equipment at its sole costs, in accordance with governing law or franchise.
(Ord. 1589(13) § 5)
A. 
When an unnecessary hardship or an installation inconsistent with the general purpose of this Chapter results through the strict interpretation and enforcement of the provision hereof, upon receipt of a verified application from the owner or lessee of the adjoining property affected, the City Council may grant variances from the strict application of this Chapter. Such variances shall be granted by resolution, and may impose such conditions and limitations as the City Council may determine necessary to preserve the purpose of this Chapter.
B. 
Before any variance will be granted, it shall be shown:
1. 
That there are exceptional or extraordinary circumstances applicable to the particular situation involved;
2. 
That the variance, if granted, will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity of the proposed variance.
C. 
All acts pertaining to the granting or denial of variances under the terms of this Chapter are administrative in character, and the City Council may, from time to time, establish by resolution such rules and regulations relative to the application and granting of variances as it deems necessary to carry out the purpose of this Section.
(Prior code § 2711)
A. 
All construction or work for which a permit is required under this Chapter shall be subject to inspection by the City Engineer or the Public Works Director. Approval shall be noted on an inspection card and shall be given only after an inspection has been made of the construction as indicated by the inspection requirements on the inspection card.
B. 
At least 12 hours' notice shall be given of any required inspection on Saturday or Sunday or before 8:00 a.m. or after 5:00 p.m. of a weekday which inspections shall be charged for in the permit fee at rates 50 percent greater than those specified in this Chapter.
C. 
No reinforcing steel required in any construction subject to this Chapter shall, be covered or concealed in any manner without first obtaining the approval of the City Engineer or Public Works Director.
D. 
The contractor, subdivider or other person doing work on any street or alley surfacing shall obtain inspection from the City Engineer at the following steps of construction:
1. 
Subgrade preparation;
2. 
Base preparation;
3. 
Base penetration treatment;
4. 
Laying of surface;
5. 
Finishing of surface.
(Prior code § 2712)
This Chapter shall not be construed as imposing upon the City or any City official or employee any liability or responsibility for damages to any person injured by the performance of any work for which a permit is issued under this Chapter, nor shall the City or any City official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized, the issuance of any permit or the approval of any work.
(Prior code § 2713)