A. 
No person shall place an improvement upon or otherwise perform construction work on public property or public easements without first obtaining an encroachment permit issued by the City Manager.
B. 
The provisions of this chapter do not apply to:
1. 
City employees in their official capacity;
2. 
Public utilities operating under franchise;
3. 
Construction performed by the United States Government, the State of California, or the County of San Diego.
(Ord. 87-12)
In the event that an encroachment is required for the immediate protection of life or property and there is insufficient time to obtain a permit in accordance with the provisions of this chapter, the person making the encroachment shall thereafter promptly apply for a permit.
(Ord. 87-12)
A. 
The applicant shall file with the City Manager an application for encroachment permit on a form that calls for such information and drawings as required by the City Manager to accomplish the purposes of this chapter.
B. 
The applicant shall pay a filing fee in accordance with the resolution adopted by the City Council in an amount sufficient to recover the costs of processing the application.
C. 
Any unused portion of the application fee shall be returned to the applicant if the application is denied or otherwise applied to the issuance fee.
(Ord. 87-12)
Unless the issuance of the encroachment permit will endanger the public health or safety or surrounding property, the encroachment permit shall be issued subject to such conditions as the City Manager deems necessary to protect the public health, safety and peace.
(Ord. 87-12)
A. 
The applicant shall deposit with the City Manager a permit issuance fee in an estimated amount sufficient to reimburse the City for the costs of inspecting, examining and otherwise regulating the proposed activity. Charges against the deposit will be in accordance with a fee schedule approved by resolution of the City Council. At the completion of the activity, any portion of the deposit remaining shall be returned to the permittee 30 days after completion of the activity.
B. 
The City Manager shall require the permittee to place warning devices and barriers to protect the safe movement of vehicular and pedestrian traffic, in accordance with the provisions of the California Vehicle Code.
C. 
The permittee shall agree to indemnify and hold the City and each officer and employee thereof harmless from any liability or responsibility arising out of the permitted activity.
D. 
The applicant shall provide security guaranteeing proper completion of the work described and delineated on the permit and approved plans in an amount of 100% of the approved cost estimate. The security shall be in the form of one or more of the following at the option of the City Engineer:
1. 
A deposit of money or negotiable securities of the kind approved for securing deposits of public monies.
2. 
An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the permitted works are on deposit and guaranteed for payment or a letter of credit issued by such a financial institution.
3. 
A lien on the permittee's property.
4. 
A performance bond from an approved bonding company. Bonding may be for up to a maximum of 80% of the total security required by the permit.
E. 
All work authorized by an encroachment permit shall be performed by a licensed contractor.
(Ord. 87-12; Ord. 93-24)