For the purposes of this chapter, certain words and phrases used herein are defined as follows:
“City”
means the city of Brentwood.
“City clerk”
means the city clerk of the city of Brentwood, Contra Costa County, California, or duly authorized representative.
“City council”
means the city council of the city of Brentwood, Contra Costa County, California.
“City engineer”
means the city engineer of the city of Brentwood, Contra Costa County, California, or duly authorized representative.
“Code”
means the Brentwood Municipal Code, as may be amended from time to time.
“Encroach" or "encroachment”
means going over, upon or under or using any public right-of-way in any manner other than its intended use.
“Permit”
means an encroachment permit granted by the city engineer pursuant to this chapter.
“Permittee”
means any person, firm, corporation or public agency which proposes to encroach upon a public right-of-way and has been issued a permit for such encroachment by the city engineer.
“Public agency”
means any city, county, state or other public entity.
“Public street”
means any street right-of-way which has been accepted by the city for public purposes.
"Public utility"
means private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street. This chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of the state.
“Right-of-way”
means land or airspace which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the city or the general public for street, walkway, utility or other public purposes.
(Ord. 885 § 2, 2010)
An encroachment permit is required for all encroachments except encroachments exempted pursuant to this chapter. The granting of a permit pursuant to this chapter may not constitute the only city or administrative approval required for the encroachment.
(Ord. 885 § 2, 2010)
The following encroachments are hereby specifically prohibited and no applications may be accepted or permit issued for such encroachments:
A. 
Construction or maintenance of a loading dock on or in a public right-of-way; or
B. 
Installation or maintenance of underground tanks, vaults or elevators, except underground vaults that are a part of facilities owned by public utilities and public agencies; or
C. 
Installation, placement or maintenance of any sign, except in accordance with the sign regulations set forth in Title 17 of the code; or
D. 
Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other object which would obstruct or reduce the capacity of any water course to carry storm water, except for encroachments by public agencies or utilities as authorized by an encroachment permit issued pursuant to this chapter; or
E. 
Construction or placement of objects, including, but not limited to, objects for sale or display and dining furniture and appurtenances, except in accordance with valid approval or permit under this code or city policy.
(Ord. 885 § 2, 2010)
The provisions of this chapter shall not apply to officers or employees of the city acting in the discharge of their official duties.
(Ord. 885 § 2, 2010)
All encroachment permits granted subject to this chapter are subject to the right of the city and any person entitled to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time.
(Ord. 885 § 2, 2010)
The provisions of this chapter shall not prevent any public agency from maintaining any pipe or conduit lawfully on or under any public street, or from making excavations as may be necessary for the preservation of life or property. If an urgent necessity arises during the hours the offices of the city are closed, the person making an emergency use or encroachment on a public street must notify the city police department immediately and must apply for a permit within one calendar day after the offices of the city are again opened. This requirement shall also apply to any public agency requiring an emergency use or encroachment.
(Ord. 885 § 2, 2010)
The encroachment permit required by this chapter shall be issued by the city engineer subject to the provisions of this chapter and other applicable laws, in addition to conditions as may be deemed necessary by the city engineer.
(Ord. 885 § 2, 2010)
The city engineer shall prescribe the submittal requirements and form for the encroachment permit required by this chapter. The form shall require the name, address and principal place of business of the applicant. The city engineer may require such information and detail as deemed necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed encroachment.
When required by the city engineer, the applicant shall provide maps, sketches, diagrams or similar exhibits sufficient to clearly illustrate the locations, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way.
(Ord. 885 § 2, 2010)
The applicant shall be responsible for securing the consent of any other public agency which may be required by law prior to requesting a permit from the city. The applicant shall be responsible for coordinating the work with the city and other public agencies as required, including keeping themselves informed of and complying with all jurisdictional laws which may affect the permit.
(Ord. 885 § 2, 2010)
When the city engineer finds that the requested permit is in accordance with the requirements of this chapter, the city engineer shall issue a permit for the encroachment, attaching such conditions as the city engineer may deem necessary for the health, safety and welfare of the public and for the protection of the city. If the city engineer, in his or her sole discretion, finds the requested permit is in conflict with the provisions of this chapter or may adversely affect the public health, safety or welfare, the city engineer shall deny the permit, giving in writing the reasons for such denial. No permit shall be valid unless signed by the city engineer.
(Ord. 885 § 2, 2010)
The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within thirty days from the date of issuance unless a different period is stated in the permit or an extension of time is granted by the city engineer. Permittee shall notify the city inspection staff a minimum of forty-eight hours prior to commencing work. If the work or use is not begun accordingly, the permit shall become void.
(Ord. 885 § 2, 2010)
A permit for an encroachment of a continued use, or maintaining an encroachment previously authorized, may be authorized for a term up to one year from the date of issuance. If the city engineer determines that such a continuing encroachment represents a threat to the public health, safety or welfare, the city engineer may order the permittee to correct the threatening condition or may suspend the encroachment permit. If the city engineer determines that the continuation of an encroachment is contrary to the public health, safety or welfare, the city engineer may terminate a continuing permit.
(Ord. 885 § 2, 2010)
If the city engineer, in his or her sole discretion, determines that an encroachment is conducted in violation of this chapter or permit conditions, or represents a threat to the public health, safety or welfare, the city engineer may order the permittee to correct the threatening condition or may suspend or cancel the encroachment permit and it is the permit tee's responsibility to restore the right-of-way to its former condition. If necessary, the permittee shall reimburse the city for all expenses in restoring the right-of-way.
(Ord. 885 § 2, 2010)
The permittee must 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 or completion of the work or use authorized is due to lack of diligence on the part of the permittee, the permit may be cancelled and it is the permit tee's responsibility to restore the right-of-way to its former condition. If necessary, the permittee shall reimburse the city for all expenses in restoring the right-of-way.
The permittee shall, upon completion of work, authorized in the permit, notify the city engineer. No work shall be deemed completed until notification is given pursuant to this section and the work is accepted by the city.
(Ord. 885 § 2, 2010)
The permittee shall keep any permit issued pursuant to this chapter at the site of the work. The permit shall be shown to any authorized representative of the city or a law enforcement officer on demand.
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 or a law enforcement officer within a reasonable time after demand is made.
(Ord. 885 § 2, 2010)
Permits shall be issued only to the person making application and may not be assigned to another person by the permittee without written consent of the city. If any permittee assigns the permit to another, absent written city consent, the permit shall become void.
(Ord. 885 § 2, 2010)
No changes may be made in the location, dimension, character or duration of the encroachment as granted by the permit except upon written authorization of the city engineer.
(Ord. 885 § 2, 2010)
The city council shall adopt and update fees for permits by resolution. Before a permit may be issued, the applicant shall deposit with the city payment in a sufficient sum to cover costs for processing the permit, field investigation, inspections and all other related costs pursuant to the city's cost allocation plan. The required fees shall be doubled if work is started prior to obtaining a permit.
Public utilities and public agencies may, at the option of the city engineer, make payment for the charges billed by the city instead of by advance deposit as required by this section.
(Ord. 885 § 2, 2010)
Consideration for waiver of applicable permit fees may be requested by permittee pursuant to adopted city council policy.
(Ord. 885 § 2, 2010)
Acceptance by the permittee of the permit granted shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right to appeal conditions pursuant to the appeal provisions of this chapter.
(Ord. 885 § 2, 2010)
Prior to issuance of a permit, the permittee shall deposit with the city security of a form approved by the city in a sum equal to the cost of the work required to be done in order to comply with all terms and conditions of the permit as estimated by the city engineer, including a contingency of up to twenty percent. The permittee shall also file with the city, a security, of a form approved by the city and in a sum estimated by the city engineer, as sufficient to cover the permit tee's activities during any twelve-month period. This requirement may be waived by the city engineer if the work is adequately covered by existing security deposits or other enforcement procedures or permits.
(Ord. 885 § 2, 2010)
Should surety bonds be submitted as compliance with Section 12.08.210, the bonds shall be submitted in a form approved by the city and issued by a surety company authorized and in good standing to do work within the state of California. The bonds shall name the city as an obligee and shall be conditioned to ensure that each and all terms and conditions of the permit, this chapter and any agreements regarding the work shall be fully performed and complied with to the satisfaction of the city engineer.
(Ord. 885 § 2, 2010)
The city engineer may require additional security, of a form approved by the city, at any time when, in the city engineer's opinion, the amount of the security previously deposited is insufficient.
(Ord. 885 § 2, 2010)
Security shall be released upon satisfactory completion, to the discretion of the city engineer, of all work authorized and conditions of the permit. In the event of noncompliance, the city may deduct from the security, the actual cost to the city to complete the work required by and in compliance with the permit before returning any remaining security. In the event a surety bond was posted as security, the city may proceed against the surety and principal.
(Ord. 885 § 2, 2010)
The permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by the permittee or the failure of permittee to perform its obligations under the permit. If any claim of such liability is made against the city, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Ord. 885 § 2, 2010)
Permittee is required to maintain insurance in accordance with city policies and procedures.
(Ord. 885 § 2, 2010)
The city engineer shall establish such standards necessary for the proper construction, safety requirements, use and maintenance of encroachments, including, but not limited to, such standards that may be set forth in the application of terms of a permit. Any work or use done under a permit shall conform to city of Brentwood approved plans, standard plans and specifications and/or engineering procedures manual currently in effect, or in the absence of established plans, specifications or procedures, to recognized standards of construction and approval practices, as determined by the city engineer, in connection with the work to be done.
(Ord. 885 § 2, 2010)
A. 
Public Safety and Access. All work or use shall be planned and executed in a manner that will least interfere with public safety and the convenient travel and access of the general public at the place where the work or use is authorized. Free and unobstructed access shall be provided to all public-service structures and property as may be required. Such public-service structures or property shall not be removed or relocated without proper approval by the properly constituted authorities charged with their control and maintenance.
B. 
Future Relocation. If any future construction, reconstruction or maintenance work by the city on a public right-of-way requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right-of-way, the permittee, owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense. When removal, relocation or abandonment is required, the city engineer shall give the permittee a written demand specifying the place or relocation, or that the installations or encroachment must be removed, relocated or abandoned. If the permittee fails to comply with the instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.
(Ord. 885 § 2, 2010)
The city engineer shall provide for the inspection of all encroachment permits. All work done or uses under such permits shall be performed to the satisfaction of the city engineer.
(Ord. 885 § 2, 2010)
The city engineer may temporarily close public streets in conjunction with an encroachment permit. The city engineer, in his or her discretion, may forward a street closure request to the city council for consideration.
(Ord. 885 § 2, 2010)
The city engineer may designate certain streets to be limited operations areas in order to provide for the proper flow of traffic during critical periods of the day.
(Ord. 885 § 2, 2010)
An applicant may appeal the decision of the city engineer concerning the denial, terms and conditions of an encroachment permit to the city council. Notice of appeal shall be filed with the city clerk within ten days after final action of the city engineer concerning the permit application. In reviewing the appeal, the city council may deny, support, or support the appeal with terms and conditions necessary to protect the city and the public. Action on the appeal by the city council shall be final.
(Ord. 885 § 2, 2010)
Any encroachment which is not exempted by the provisions of this chapter and for which no encroachment permit has been issued, or any encroachment maintained in violation of this chapter or the provisions of any encroachment permit, is subject to enforcement provisions pursuant to this chapter, as well as other applicable chapters of city code and city procedures.
(Ord. 885 § 2, 2010)
The city engineer is designated as the enforcement authority for purposes of enforcing the provisions of this chapter and violations shall be determined at his or her sole discretion. Enforcement actions shall be as outlined in city policies and procedures. Notwithstanding any city procedures that may be in effect, violations deemed an issue of public health or safety may be subject to an immediate work stoppage.
(Ord. 885 § 2, 2010)