The provisions of this article apply only to the placing, changing
or renewing of an encroachment not subject to the provisions of Articles
II, III, IV or V of this chapter.
(Prior code § 71.601)
No person shall place, change or renew an encroachment in, under
or over any portion of a highway without first obtaining from the
surveyor a written permit in accordance with this chapter and with
Article I of this chapter.
(Prior code § 71.602)
Application for a permit shall be made in writing on a form
supplied by the surveyor. The application shall specify in detail:
A. The
location, description and justification for the encroachment and the
extent to which it will interfere with the public use and maintenance
of the highway.
B. The
duration for which a permit is sought and the date it is requested
to be effective.
C. Such
other information that the surveyor may require.
(Prior code § 71.603)
Every person applying for a permit required by this chapter
shall, at the time of making application for the permit, pay an issuance
fee of ten dollars.
(Prior code § 71.608)
Every permit shall contain an agreement, signed by the applicant
that the city and any officer or employee thereof shall be saved harmless
by the applicant from any liability or responsibility for an accident,
loss or damage to persons or property, happening or occurring as the
proximate result of any placement, change or renewal of an encroachment
under the terms of this application and the permit or permits which
may be granted in response thereto, and that all of said liabilities
are assumed by the applicant.
(Prior code § 71.604)
In any permit issued by him or her, the surveyor may specify what lights, barriers, warning signs, or other measures designed to protect the traveling public, must be erected by the permittee. If the permit does not specify what protective measures are required, every encroachment which in any way interferes with the public use of any traveled way, shoulder, parking lane, side path, or sidewalk shall be lighted, barricaded and signed as provided in Section
12.04.355.
(Prior code § 71.605)
Permits issued under the authority of this chapter may specify a duration of ten days or less from their effective date, in which case they shall be revocable with notice as provided in Section
12.04.075. Other permits issued under the authority of this article shall be classified as of indefinite duration and shall be revocable as provided in Section
12.04.080.
(Prior code § 71.606)
Every permit shall contain an agreement, signed by the applicant,
that if the permit expires, is revoked by the surveyor, or is vacated
or abandoned, the permittee will, within a reasonable time and to
the satisfaction of the surveyor, restore the highway to the equivalent
or better condition than it was prior to the date that permit became
effective or prior to the date the encroachment was first placed,
whichever is earlier.
(Prior code § 71.607)
Each applicant for a permit, in addition to payment of the issuance
fee, shall deposit a sum with the surveyor to guarantee the placement
of protective measures, if required, and the removal of the encroachment
and restoration of the highway. The amount of the deposit shall be
twice the estimated cost of removing the encroachment, but in no case
less than fifty dollars. Such a deposit may be waived by the surveyor
if the encroachment existed prior to the adoption of this article.
(Prior code § 71.609)
In lieu of making the special deposits required by Section
12.04.620, an applicant for temporary permits having a duration of ten days or less may make and maintain with the surveyor a general deposit in an amount estimated by the surveyor to be sufficient to pay the cost of permit fees and to guarantee performance as required in Section
12.04.620 for future encroachments. Such a deposit shall not exceed one thousand dollars. While a general deposit is maintained in an amount sufficient to cover the fees and deposits required for the placing, changing or renewing of all encroachments sought to be made, the applicant need not make any special deposit. If, in the opinion of the surveyor, a general deposit is not sufficient for the proper protection of the public interest in the highways on which encroachment permits are sought, he or she may require a special deposit under the provisions of Section
12.04.620.
(Prior code § 71.610)
The city shall deduct from any deposit made or maintained by
the permittee:
A. The
permit issuance fee, if that has not otherwise been paid;
B. The
cost of any inspection by the surveyor;
C. The
cost to the city of the placement of protective measures, if required,
and the removal of the encroachment and restoration of the highway,
if the permittee fails or refuses to do so.
(Prior code § 71.611)
After making the required deductions, the city shall refund
to the applicant any amount still remaining in the special deposit
in the manner as provided by law for the repayment of trust moneys.
If any deposit made is less than sufficient to pay all fees and costs
to be deducted, the permittee shall, upon demand, pay to the surveyor
an amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency upon demand, the city may recover the same
by action in any court of competent jurisdiction. Until such deficiency
is paid in full, a permit shall not be issued to such permittee.
(Prior code § 71.612)
If a person makes and maintains with the surveyor a general deposit, the deductions provided for in this article need not be made. In lieu of such deductions, the surveyor may bill such person for the amount owed by him or her to the city under the provisions of this chapter. If such amount is not paid within fifteen days of the transmission of such bill, the surveyor may deduct much amount from the general deposit, and Sections
12.04.630 and
12.04.635 shall apply.
(Prior code § 71.613)