No person shall encroach or cause to be made any encroachment of any nature whatsoever except as permitted under Section 12.08.030 within, upon, over or under the limits of any right-of-way, public property, city or public utility easement or public storm drain ponding area without first obtaining a permit as required by this chapter. Administration of this chapter is referred to the city engineer. 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 other provisions of law.
(Prior code § 97.10)
It shall be unlawful and no permits shall be issued for any
person to:
A.
Deposit
or leave any rubbish, brush, earth, building material or other material
of any nature whatsoever upon a right-of-way or public property so
as to cause such right-of-way or public property to become littered,
unsightly or obstructed;
B.
Display or store any merchandise or other property on a right-of-way or public property at any time. This section does not apply to items noted in Section 12.08.030 as exempt from a permit:
C.
Construct
or maintain a loading platform upon or in the right-of-way or for
erecting or maintaining therein or thereon a post, pole, column or
structure for support for advertising signs or for the purpose of
carrying lights intended primarily for lighting abutting property;
D.
Block
the traveled way or impede traffic;
E.
Block
or cover traffic-control devices duly installed by the city.
(Prior code § 97.11)
No permit shall be required to:
A.
Install
and maintain a lawn, hedge, shrubs or other landscaping of less than
three feet in height within right-of-way, so long as they are maintained
out of the traveled way for vehicles and pedestrians, they do not
block established oft-street parking spaces, and do not create a sight
distance or safety problem;
B.
Install
or maintain improvements by city employees or by a contractor working
under contract for the city;
C.
Perform
maintenance or repair of any pipe or conduit lawfully on or under
any right-of-way, city or public utility easement or from making excavation,
as may be necessary for the preservation of life or property when
an urgent necessity therefor arises, except that the person making
an emergency use or encroachment shall apply for permit the next business
day.
(Prior code § 97.12)
All encroachments of any nature whatsoever except as permitted under Section 12.08.030, within, upon, over or under the limits of any right-of-way, public property, city or public utilities easement or public storm drain ponding area that is done without a permit shall be and the same is declared to be unlawful and a public nuisance. Such encroachment shall be removed immediately upon notice to the adjacent property owner or party causing the illegal encroachment. If the removal of the illegal encroachment is unduly delayed by the property owner or party causing the illegal encroachment and if the interest of the public reasonably so demands, the city engineer shall have the authority to remove the illegal encroachment and recover all costs for the work performed by the city pursuant to Section 12.08.110 of this chapter.
(Prior code §97.13)
A.
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 spaces 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.
B.
If
the city engineer finds that the application is in accordance with
the requirements of this chapter, a permit shall be issued for the
encroachment, attaching such conditions as may be deemed necessary
for the health, safety and welfare of the public and protection of
the city. In addition to other appropriate conditions, the following
may be established:
(Prior code § 97.14)
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, and of a size and in such quantity
as he 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.
(Prior code § 97.15)
The applicant shall also enclose with, attach or add to the
application for a permit the written order or consent to any work
thereunder, required by law, of the public utilities commission, 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 himself
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.
(Prior code § 97.16)
The permittee shall be responsible for all liability imposed
by law for personal injury or property damage proximately caused by
work permitted and done by the permittee under the permit, or proximately
caused by failure on permittee's part to perform his obligations under
such permit in respect to maintenance. 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.
(Prior code § 97.17)
A.
City
council may establish by resolution a fee schedule for issuance of
permits, plan checking and inspections. Before a permit is issued
the applicant shall deposit with the city cash or check in a sufficient
sum to cover the fees for issuance of the permit, plan checking, and
field investigation and other necessary inspection, all in accordance
with the fee schedule established by city council.
B.
Public
utilities may, at the city engineer's option, make payment for the
above charges as billed by the city instead of advance deposit as
required above.
(Prior code § 97.18)
The permittee shall complete the work or use authorized by a
permit issued pursuant to this chapter within 90 days from date of
issuance, unless a different period is stated in the permit. If the
work or use is not begun within 90 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, including
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.
(Prior code § 97.19)
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 the work is unduly delayed by the permittee and if
the interest of the public reasonably so demands, the city engineer
shall have authority to complete the work or any portion thereof.
The actual cost of such work by the city plus 20% as an overhead charge
shall be charged to and paid by the permittee or his or her surety.
(Prior code § 97.20)
A.
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.
B.
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.
(Prior code § 97.21)
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 right-of-way.
(Prior code § 97.22)
A.
The
permittee in the conduct of the work, use or maintenance of an encroachment
authorized by a permit issued pursuant to this chapter shall provide,
erect and maintain such lights, barriers, warning signs, patrols,
watchmen, flagmen, and other safeguards as are necessary to protect
the traveling public. Any omission on the part of the city engineer
to specify in the permit what lights, barriers, or other protective
measures or devices are required shall not excuse the permittee from
complying with all requirements of law that are appropriate to the
safety of those using public streets. If, at any time, the city engineer
finds that suitable safeguards are not being provided, the city may
provide, erect, maintain, relocate or remove such safeguards as are
deemed necessary or may cancel the permit and restore the right-of-way
to its former condition, all at the expense of the permittee.
B.
A permittee
making any excavation or erecting or leaving any obstruction within,
under or upon the right-of-way, public property, city or public utilities
easement or causing the same to be made, erected, or left, shall place
and maintain lights at each end of the excavation or obstruction,
at not more than 50 foot intervals along the excavation or obstruction,
from one-half hour before sunset of each day to one-half hour after
sunrise of the next day, until the excavation is entirely refilled
or the obstruction removed and the right-of-way made safe for use.
In addition, reflectorized warning signs conforming to the requirements
of the California Division of Highways shall be placed 200 feet and
400 feet from each excavation or obstruction, in such a position as
to adequately warn public traffic.
C.
The
warning signs, lights and other safety, devices shall conform to the
requirements of the California Vehicle Code and of any sign manual
issued by the Department of Transportation of the state of California.
(Prior code § 97.23; Ord. 01-191 § 16)
A.
Before
beginning any work which is or includes excavation, construction of
concrete sidewalks, curbs, gutters or driveway approaches, planting,
trimming or removing trees, making, placing or causing an obstruction
in the traveled way, the permittee shall notify the city engineer.
B.
Before
starting work on which an inspector is required, the permittee shall
notify the city engineer 24 hours in advance of beginning such work.
(Prior code § 97.24)
The permittee shall upon completion of all work authorized in
the permit, notify the city engineer. No work shall be deemed to be
completed until notification of completion is given pursuant to this
section and the work is accepted by the city engineer.
(Prior code § 97.25)
If the work, use or encroachment authorized in the permit issued
pursuant to this chapter shall interfere with the established drainage,
the permittee shall provide for proper drainage as directed by the
city engineer.
(Prior code § 97.26)
All work or use shall be planned and executed in a manner that
will least interfere with the safe and convenient travel of the general
public at the place where the work or use is authorized; and at no
time shall a public street be closed, or the use thereof denied the
general public, or access to adjacent private property without the
written permission of the city engineer. Free and unobstructed access
shall be provided to all mailboxes, fire hydrants, water gates in
valves, manholes, drainage structures, and other public service structures
and property as may be required for emergency use. Such public service
structures or property shall not be removed or relocated without proper
accordance with the properly constituted authorities charged with
their control and maintenance. The work area shall be confined so
as not to obstruct roadways and walks unnecessarily. Temporary roadways,
driveways and walks for vehicles and pedestrians shall be constructed
where required.
(Prior code § 97.27)
A.
Upon
completion of the work, acts or things for which the permit was issued,
or when required by the city engineer, the permittee shall replace,
repair or restore the public street at the place of work to the same
condition existing prior thereto unless otherwise provided in the
permit. The permittee shall remove all obstructions, impediments,
material or rubbish caused or placed upon the right-of-way of the
public street, public property, city or public, utility easement,
or public storm drain pending area under the permit, and shall do
any other work or perform any act necessary to restore the area to
a safe and usable condition.
B.
After
completion of all work, the permittee shall exercise reasonable care
in inspecting and maintaining the area affected by the encroachment.
For a period of one year after the completion of the work the permittee
shall repair and make good any injury or damage to any portion or
the area which occurs as the result of work done under the permit,
including any and all injury or damage to the street which would not
have occurred had such work not been done. By the acceptance of the
permit, the permittee agrees to comply with the above. The permittee
shall, upon notice from the city engineer, immediately repair any
injury, damage or nuisance, in any portion of the right-of-way public
property, city or public utility easement, or public storm drain ponding
area resulting from the work done under the permit. In the event that
the permittee fails to act promptly or should the extent of the injury
or damage require repairs or replacement to be made before the permittee
can be notified or can respond to notification, the city may, at its
option, make the necessary repairs or replacement or perform the necessary
work and the permittee shall be charged with all the expenses incurred
in the performance of such work.
(Prior code § 97.28)
If any future construction, reconstruction or maintenance work
by the city on a public right-of-way, public property, city or public
utility easement, or public storm drain ponding area requires the
relocation, removal or abandonment of installations or encroachments
in, on or under the area the permittee, owning, controlling or maintaining
such installations or encroachments shall relocate, remove or abandon
the same at his or her sole expense; provided, however, that this
provision shall apply to and remain in force and effect only so long
as the area upon which such installations or structures are located
shall be used for usual purposes. When removal, relocation or abandonment
is required, the city engineer shall give such permittee a written
demand specifying the place of relocation, or that the installations
or encroachment must be removed, relocated or abandoned. If such permittee
fails to comply with such instructions, the city may cause the removal,
relocation or abandonment of the encroachment at the expense of the
permittee.
(Prior code § 97.29)
All work done under a permit issued pursuant to this chapter
shall conform to standard details and specifications established by
the city engineer, or in the absence of established standard details
and specifications, to recognized standards of construction and approved
practices in connection with the work to be done. All work shall be
constructed under the supervision of and to the satisfaction of the
city engineer. Should any dispute arise regarding conformance to specifications,
such dispute shall be decided by the city engineer, and the decision
of the latter shall be final and conclusive.
(Prior code § 97.30)
Unless otherwise approved by the city engineer, no material
shall be stored within five feet of a public street, and excess earth
materials from trenching or other operations shall be removed from
the pavement traveled way, or shoulder as the trench is back-filled
or other work carried forward.
(Prior code § 97.31)
Utility services and other small diameter pipes or rigid conduits
shall be jacked or otherwise forced underneath a paved surface. The
paved surface of a road shall not be cut, trenched, or otherwise disturbed
unless specifically authorized in the permit. No tunneling will be
permitted except as specifically set forth in the permit.
(Prior code § 97.32)
The minimum cover over any and all pipes or conduits larger
than two and a half inches installed within the right-of-way shall
be three feet of earth or imported materials, unless otherwise specified
in the permit. Within the public street, the minimum cover of three
feet shall be measured from the surface, existing or planned. The
city engineer is authorized to permit installation of pipes or conduits
where three feet of cover cannot be provided because of topography,
structures, or other engineering necessity.
(Prior code § 97.33)
Backfilling of an excavation shall be in accordance with standard
details and specifications established by the city engineer or as
otherwise required by him or her both as to material and method; backfill
shall not be placed in any excavation without compaction of the material
used therein, the degree and method thereof to be to the satisfaction
of the city engineer.
(Prior code § 97.34)
A.
Clearances
and types in the construction of poles and transmission line carriers
shall be in accordance with rules, regulations and orders of the public
utilities commission and other public agencies having jurisdiction.
B.
No
guy wires are to be attached to trees without specific authorization
to do so in the permit, and in no event shall guy wires be so attached
as to girdle the tree or interfere with its growth. Guy wires shall
not be below the minimum elevation above the ground, prescribed in
the rules, orders and regulations of the public utilities commission.
C.
When
a pole, brace, stub, or similar timer is removed and not replaced,
the entire length thereof shall be removed from the ground and the
hole backfilled and compacted.
(Prior code § 97.35)
When the location or position of a pole or other obstruction
makes accentuation of its visibility to vehicular traffic necessary,
the city engineer may require that the pole or other obstruction be
painted or equipped with reflectors or other aids to visibility prescribed
or authorized by the public utilities commission or the Department
of Transportation of the state of California at the expense of the
permittee.
(Prior code § 97.36)
When authorized by a permit issued pursuant to this chapter
to move a vehicle or combination of vehicles or load of dimension
or weight in excess of that permitted by law, the permittee shall
comply with the general law regulating travel over a public street,
including posted signs or notices which limit speed or direction of
travel, or weight which may be placed upon a structure or the width
or height that may be moved thereon or thereover, or otherwise restrict
or control travel on a public street. The permittee shall at all times
conform to and abide by the practice and procedure necessary to make
safe and convenient the travel of the general public, and to keep
safe and preserve the public highway over and on which movement is
being made. Any violation of this section shall cancel the permit
issued to the permittee.
(Prior code § 97.37)
A mailbox may be placed and maintained within a public right-of-way
if a permit has been obtained therefor pursuant to this chapter and
so long as such mailbox and its placement comply with the rules and
regulations of the United States Postal Service, except as follows:
A.
No
permit shall be required of the Postal Service for the placement of
collection and storage boxes and the like, but no such box shall be
so placed or maintained as to endanger the life or safety of the traveling
public.
B.
No
box for delivery of mail shall be placed or maintained within the
limits of any public right-of-way in any area where curbs, gutters
and sidewalks have been constructed abutting residential uses, except
where pursuant to its rules, regulations, policies, procedures or
practices, the United States Postal Service would not deliver mail
to a box unless it were placed within such right-of-way or within
a required front or side yard.
C.
In
any area where boxes for delivery of mail are permitted to be located
within the limits of any public right-of-way, no such box, whether
or not a permit has been issued therefor, shall be placed or maintained
in any location which creates a hazard to the traveling public or
an undue obstruction to the free movement of the traveling public,
irrespective of when such situation first came into existence.
(Prior code § 97.38)
No hedge, shrub, or other planting whatsoever, fence or similar
structure, shall be maintained across any existing walkway in a sidewalk
area or shoulder. The intent of this restriction is to keep free a
walkway for pedestrian or other lawful public travel without interference
by or with vehicular travel. No encroachment of any nature will be
permitted or maintained which impedes, obstructs or denies such pedestrian
or other lawful travel within the limits of the right-of-way of a
public street, or which impairs adequate sight distance for safe pedestrian
or vehicular traffic.
(Prior code § 97.39)
The permittee, or the owner of the adjacent property, shall
maintain the hedges, shrubs, walls, fences or similar structures erected
for landscaping purposes in a neat and orderly condition at all times.
If the encroachment is not maintained as specified in this chapter,
the city engineer may direct the permittee or property owner to remove
the encroachment and restore the right-of-way to its former condition,
at the expense of the permittee or property owner.
(Prior code § 97.40)
A.
Notwithstanding
anything contained herein to the contrary, any person may plant and
maintain a lawn of any grass, or type not prohibited by other law,
within the right-of-way of a public street without a written permit.
However, the lawn shall not extend into the traveled way of the public
street nor into drainage ditches, gutters or other drainage facilities.
B.
The
general public may not be denied the use of the planted area for pedestrian
or other lawful travel. The city may use the planted area for any
purpose whatsoever, and may issue a permit to any applicant to go
thereon to perform work or otherwise encroach pursuant to this chapter.
If the lawn is damaged or disturbed in the course of an authorized
encroachment, it shall be removed and replaced by the permittee unless
the permit specifically states otherwise.
(Prior code § 97.41)
The applicant for a permit, as required under Section 12.16.070, to plant trees in the right-of-way of a public street shall show in his application the exact location of and the kind of tree to be planted. No change shall be made in either the location of trees or in the kind of trees without the approval of the city engineer. the city engineer may refuse to issue a permit authorizing the planting of trees in the right-of-way of a public street when, in his or her judgment, the location as described in the application, or the nature of the growth above or below ground of the kind of tree proposed, will impede or inconvenience travel on a public high-way or unduly disturb the right-of-way thereof, or in any way impede construction or maintenance of necessary facilities.
(Prior code § 97.42)
Trimming of trees will be permitted only when and in the manner authorized by a permit issued pursuant to this chapter, and provisions of Chapter 12.16, that the shapeliness of the tree may be preserved. An application for removal of a tree will be approved and a permit issued only when a necessity for removal exists, and adjacent property owners concur, or when deemed necessary by the city engineer. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.
(Prior code § 97.43)
No person, without first having obtained a permit, shall solicit
on a commercial or donation basis, to place, or maintain any number,
figure, letter, carving, drawing, design, or other marking upon any
street, sidewalk or curb; except that markings for the purpose of
identifying survey, utility or construction locations shall not be
subject to this chapter.
(Prior code § 97.44)
Any monument of granite, concrete, iron or other lasting material
set for the purpose of locating or preserving the lines or elevation
of any public street or right-of-way property subdivision, or a precise
survey point or reference point shall not be removed or disturbed
without first obtaining permission from the city engineer to do so,
such permission to be granted in conformance with requirements as
set forth in specifications established by the city engineer. Replacement
of removed or disturbed monuments will be at the expense of the permittee.
(Prior code § 97.45)
A.
The
city engineer shall have the power to require property owners to remove
driveway approaches where they are an obstruction to the gutter and
to reconstruct driveway approaches where drainage or other conditions
are unsatisfactory.
B.
Where
a curb has been broken to provide a driveway to a residence, or a
business, and the driveway is no longer needed or used as a driveway,
the owner of the property or owner or operator of the business shall
replace the curb and repair any damage done to the sidewalk by use
of the driveway. Such work shall be done in conformity with the requirements
of the construction of curbs and sidewalks of the city.
(Prior code § 97.46)
A.
Every
person having a franchise, special permit, license or other effective
permission to erect, construct, place and maintain utilities or other
facilities or equipment within public streets or rights-of-way, public
property, city or public utilities easement, shall not by reason of
such permission be deemed to be relieved from the requirements and
provisions of this chapter.
B.
Any
proposal or application by any person not already having a franchise
or other effective permission to place utilities or other facilities
or equipment within public streets or rights-of-way, public property,
city or public utilities easement, shall be submitted to the city
manager prior to the granting of any encroachment permits pursuant
to this chapter. Within 30 days of receipt of such proposal or application,
the city manager shall report to city council the fact of such proposal
or application and any pertinent information, regarding the granting
of a franchise, license or special permit for the proposed use of
the streets or other privilege. If city council determines to require
a franchise, license or special permit as a condition to the use of
the streets or other privilege to be granted by the city, the provisions
of Sections 6000 et seq., or Sections 620l et seq., of the Public
Utilities Code of the state of California or any other applicable
provisions of law shall pertain to such franchise, license or permit.
If city council determines that a franchise, license or special permit
is not necessary to provide for the best interests of the city, or
that a requirement for such a franchise, license or special permit
is precluded by applicable law, the matter shall be referred back
to the department of public works for the granting of encroachment
permits pursuant to this chapter. No provision of this subsection
shall be deemed to relieve an applicant, whether or not a franchise
or other privilege is granted, from obtaining any necessary conditional
use permit pursuant to this code, or from complying with any other
applicable regulations and laws.
(Prior code § 97.47)
A.
Every
public utility maintaining pipes, conduits, cables or other equipment
in the streets of the city shall file with the city engineer during
the month of January of each year a map indicating the size and location
of each pipe, conduit, cable or other equipment owned or maintained
by such public utility in the streets of the city; provided, however,
that after the public utility has in the first instance filed such
map, it may thereafter in lieu of filing a new map each year, revise
the map on file so as to show changes and exten-sions.
B.
All
information shall be provided on the latest AutoCAD release format
utilized by the city. Only standard AutoCAD fonts and line types shall
be accepted. The map shall be organized such that the information
is on a single layer.
C.
Where
the city engineer finds and determines that the requirement, as applied
to individual public utility companies, will involve practical difficulties
or undue hardship unnecessary to carry out the purposes and spirit
of this chapter, the city engineer may waive the filing of such map,
or have the information submitted on mylar reproducibles.
(Prior code § 97.48)
Unless the requirement for a bond is waived in the permit and
before a permit is effective, the permittee shall deposit with the
city engineer, cash, certified or cashier's check or a certificate
of deposit, in the sum to be fixed by the city engineer as sufficient
to reimburse the city for costs of restoring the right-of-way to its
former condition, based on the schedules, if any, adopted by resolution
of city council; provided, however, that the permittee may file a
cash deposit or a certificate of deposit on an annual basis in a sum
estimated by the city engineer as sufficient to cover his activities
during any 12 month period.
(Prior code § 97.56)
In lieu of cash, a certified or cashier's check or a certificate of deposit prescribed by Section 12.08.400, the permittee may, upon approval by the city engineer, annually file with the city engineer an approved surety bond issued by a company authorized to do a general surety business in the state of California, in a sum fixed by the city engineer as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of city council.
(Prior code § 97.57)
An applicant for a permit for a use or encroachment which is
to continue or remain within, under or upon the right-of-way, public
property, city or public utilities easement, or public storm drain
ponding area of a public highway beyond the time authorized for construction
or installation shall file with the clerk a cash deposit, certificate
of deposit or surety bond equal to the cost plus 20% based on construction
cost estimates approved by the city engineer as sufficient to reimburse
the city for all expenses incurred by the city engineer in making
the area safe and convenient for the travel of the general public
subject to the schedules, if any, adopted by resolution of city council
and in effect at the time of application for a permit.
(Prior code §97.58)
The city engineer may require an additional bond, cash deposit
or certificate of deposit at any time when in his or her opinion the
amount of the bond or cash deposit previously made is insufficient,
subject to the schedules, if any, adopted for that purpose by city
council, and in effect at the time of application for a permit.
(Prior code § 97.59)
A.
The
surety bonds required by this chapter shall be executed by the applicant
or contractor doing work as principal and by a surety company authorized
to do business in the state of California as a surety. The bond shall
name the city as obligee and shall be conditioned as follows:
B.
An
extension of time for performance of work may be granted by the city
engineer, but no such extension of time shall be valid unless written
and no such extension shall release any surety company from any bond.
(Prior code § 97.60)
Any bond, cash or certificate of deposit required by the city engineer pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit according to the terms of the permit and this chapter, the bond or cash deposit or certificate of deposit shall be released. In the event of noncompliance the city may deduct from the cash deposit or certificate of deposit the actual cost to the city plus 20% of work done by the city pursuant to Section 12.08.110 of this chapter before returning the deposit to the depositor. In the event of a bond having been posted, the city may proceed against the surety and principal for the actual cost to the city plus 20% of work done by the city pursuant to Section 12.08.110 of this chapter.
(Prior code § 97.61)
Cash, certificates of deposit deposits or bonds will not be
required of any public utility or public agency which is authorized
by law to establish or maintain any works or facilities in, under,
or over any public street, right-of-way, public property, city or
public utilities easements.
(Prior code § 97.62)
Any person aggrieved by the refusal of a permit required by
this chapter may appeal to city council. If city council finds all
of the following to be true, the permit shall be granted:
A.
That
the applicant will be substantially damaged by the refusal to grant
the permit as requested;
B.
That
no other reasonable method of obtaining the desired results is available
except as proposed by the applicant;
C.
That
the granting of the permit will not be materially detrimental to the
public interest, safety, health and welfare or injurious to other
property.
(Prior code § 97.63)
