Every permittee must begin the proposed work within 60 days
after an encroachment permit is granted and thereafter complete the
work in a continuous, diligent, and workmanlike manner, in compliance
with the permit terms, and in compliance with this article.
(Ord. 561 § 3, 2019)
Except for work done by regular, full time employees of the
United States, this State or any other State, any municipal corporation,
school district, public utility agencies, other public district or
public bodies, all work done within the right-of-way, must be performed
by contractors licensed by the State of California, working within
the area of expertise authorized by their license.
(Ord. 561 § 3, 2019)
The permittee must perform or cause to be performed all work
authorized by an encroachment permit in accordance with any approved
plans. Work must also conform to the public works standards of the
City of Santee, the standard specifications for public works construction,
latest edition, San Diego Area Regional Standard Drawings, latest
edition, all on file with the Director, and to the satisfaction of
the Director.
(Ord. 561 § 3, 2019)
No change in any plans, if plans are made, or specifications
may be made unless approved in writing by the Director.
(Ord. 561 § 3, 2019)
A. Not
less than 24 hours prior to the commencement of any work regulated
by this chapter, permittee must notify the City Inspector assigned
to the encroachment permit for inspection. The permittee must specify
the permit number as well as the day and hour when the work will commence.
B. Permittee
must request an inspector not less than 72 business hours prior to
requesting an inspection at night or outside of the City's regular
business hours. A request for a night inspection does not guarantee
an inspector will be available on the requested date. After-hours
inspections are subject to inspector availability.
C. The
Director may waive inspection in writing, if he or she believes such
inspection is not necessary and is in the best interests of the City.
(Ord. 561 § 3, 2019)
A permittee must not place concrete within the public way until
the Director has approved the forms into which the concrete is to
be placed.
(Ord. 561 § 3, 2019)
A permittee is at all times responsible for the protection of
property corner and street centerline monuments during the course
of construction of the work contemplated under an encroachment permit.
The permittee must cause any damaged or destroyed monumentation to
be replaced by a licensed surveyor or registered civil engineer who
is authorized to practice land surveying. After replacing any damaged
monument, the permittee must cause a corner record or record of survey
to be filed with the County Surveyor and recorded. The permittee must
bear all costs associated with replacing the monument.
(Ord. 561 § 3, 2019)
A permittee must maintain the public way in a safe and orderly
fashion at all times and must immediately remove any debris and excess
material from the public way at the completion of construction.
(Ord. 561 § 3, 2019)
A permittee must provide adequate warning to the public at all
times and follow the most current editions of "San Diego Regional
Standard Drawings—Traffic Control Plans" and the "California
Manual on Uniform Traffic Control Devices" for all work within
the public way. When required, a permittee must submit a traffic control
plan, in a format and number prescribed by the Director, at the time
of permit application.
(Ord. 561 § 3, 2019)
The inspection, approval, or acceptance of work or materials
in the public way does not relieve a permittee of any obligation to
perform and complete work and maintain encroaching structures according
to the permit, the plans, if plans are made, and the specifications
referred to in this chapter.
(Ord. 561 § 3, 2019)
If ordered by the Director, a permittee must remove any work
or material that does not conform to the permit, the plans, if plans
are made, or the requirements of this chapter, and may, at the discretion
of the Director, be replaced so as to conform to the plans and specifications.
The provisions of this section apply even if such work or material
has been previously inspected, or approved, or accepted by the Director.
(Ord. 561 § 3, 2019)
A. Every utility provider which owns or operates one or more surface utility structures in the public way must inform the Director, in writing, of the name, address, telephone number and e-mail address for the individual within their organization responsible for ensuring maintenance of said facilities in compliance with the minimum maintenance standards adopted pursuant to Section
8.02.360. The name and contact information for the contact individual must be updated and maintained in a current status.
B. Every
utility provider which owns or operates one or more surface utility
structures within the public way must inspect said structure(s) and
provide to the Director a list of structures which do not meet the
minimum maintenance standards adopted by resolution.
C. The
owner or operator of any surface utility structure that does not meet
the minimum maintenance standards must repair and bring the structure
into compliance with all requirements of the adopted standards. The
Director may grant additional time for repairs if deemed warranted.
(Ord. 561 § 3, 2019)
A. The
owner or operator of each surface utility structure within the right-of-way
must inspect the structure not less than annually and must properly
maintain the structure in compliance with the minimum maintenance
standards adopted by the City, to the satisfaction of the Director.
B. The
owner or operator of each surface utility structure in the public
way must maintain the structure plumb to and true to grade, unless
otherwise shown to the satisfaction of the Director and the City Attorney
to be exempt by law from such requirement, and must safely secure
the structure from public access as required to comply with the minimum
standards of maintenance.
C. In the event the Director identifies a surface utility structure which is not maintained to the minimum standards adopted by the City or a structure which has been vandalized or otherwise damaged, the Director may notify the contact individual identified by the utility provider pursuant to Section
8.02.355. Within 14 days of notification that a surface utility structure does not meet the minimum maintenance standards, or other time provided by the Director, the utility provider must make all necessary repairs to bring the structure into compliance with this section.
(Ord. 561 § 3, 2019)
A. Permittees with one or more surface utility structures, drop boxes, or publication stands within the public way are required to provide graffiti removal from those facilities in accordance with Chapter
7.16 of this code.
B. In the event the Director identifies a surface utility structure, drop box, or publication stand which has been the subject of graffiti, the Director will notify the permittee. Notwithstanding Section
8.02.360, the permittee must cause graffiti to be removed from their facility within 48 hours of receiving notice or as soon as reasonably possible thereafter. In the event graffiti has not been removed within 48 hours, the City may exercise its right under Section
7.16.120 to remove the graffiti and to invoice the permittee for the actual cost of removal.
(Ord. 561 § 3, 2019)
A. Sidewalks
are intended to have clear unobstructed access. Surface utility structures,
including facilities placed flush to grade such as hand holes and
meter boxes, must not be placed within the public sidewalk without
the prior written approval of the Director. Any new surface utility
structures placed within the public sidewalk without the approval
of the Director must be relocated at the utility provider's
sole cost.
B. Surface
utility structure within a public sidewalk must be placed to maintain
minimum access requirements under the Federal Americans with Disabilities
Act.
C. Surface
utility structures must not be placed within the public way so as
to impede vehicular sight distance from any public or private street
or any commercial or residential driveway as determined in the Caltrans
Highway Design Manual, latest edition.
(Ord. 561 § 3, 2019)
A. An encroachment
permit is required to place drop boxes and publication standards in
the public way.
B. Drop
boxes and publication stands may only be permitted in the public way
adjoining the following land use zones; office professional (OP),
general commercial (GC), neighborhood commercial (NC), general industrial
(IG), light industrial (IL). Drop boxes or publication stands are
not permitted within the town center (TC), residential (HL), (R1),
(R1-A), (R2), (R7), R14), (R22), park/open space (P/OS) or planned
development (PD) zones.
C. Permit
applications for newspaper stands will be processed and approved or
denied upon such grounds as set forth in Article 2 of this chapter,
within 60 days of receipt by the City of a complete application. The
final approval or denial of such permit will be subject to review
by a court of competent jurisdiction.
D. Drop
boxes and publication stands may only be placed where adequate parking
is available to allow motorists to pull safely out of traffic and
access the facilities. Thirty feet of curbing in front of these facilities
must be painted yellow to indicate loading/unloading zone to allow
motorists access to the facilities and for pick-up/drop-off of packages
and publications. Maintenance of the curb painting is the responsibility
of the permittee and must be repainted every two years.
E. No drop
boxes or publication stands are permitted to encroach within the public
sidewalk. Concrete pads must be installed for the placement of these
facilities and must allow a one foot minimum vertical set back from
the sidewalk area. A cash security deposit in an amount established
by resolution of the City Council is required for each facility to
ensure maintenance standards are met and to ensure restoration of
the public way and landscaping following removal of the facility.
F. Drop
boxes and publication stands must be properly secured and maintained
at all times. Drop boxes and publication stands that are unpermitted,
are not being secured or maintained, or that become inactive for 60
days or more must be removed from the public way and the public way
restored. The City will provide at least 14 days' notice and
an opportunity to cure prior to removal of any publication stand,
except when a publication stand poses a danger to pedestrians or vehicles.
G. No advertising
is permitted on a drop box or publication stand, except to advertise
the name of the publication or the use of the intended drop box.
(Ord. 561 § 3, 2019)
Every permit for an excavation in or under the surface of any
public way is subject to the right of the City and of any other person
entitled thereto, to use that part of such public way for any purpose
for which such public way may lawfully be used.
(Ord. 561 § 3, 2019)
When required by law, this code, or by the Director, a permittee
must make proper arrangements for, and bear the cost of relocating
or replacing any encroaching structure, public utility, tree or shrub.
All relocations and replacements must be completed to the satisfaction
of the Director.
(Ord. 561 § 3, 2019; Ord. 612 § 2, 2023)
It is unlawful for any permittee under this chapter to abandon
any encroachment, unless expressly approved by the Director. Upon
removal of an encroachment, the site must be restored to its original
condition or as approved by the Director. The permittee must bear
all the costs associated with the removal and restoration of encroachments.
For purposes of this section, abandonment occurs when any encroaching
structure, line, or other facility is no longer in use or is not properly
maintained or repaired.
(Ord. 561 § 3, 2019)