The written permits required by this chapter shall be issued by the Director subject to the provisions of this chapter and other applicable laws.
(7420, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The Director shall prescribe the submittal requirements and form for the encroachment permit required by this chapter. The Director may require such information and detail as deemed necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.
When required by the Director 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 or water course.
(7421, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The applicant shall be responsible for securing the consent of any other public agencies which may be required by law to be obtained 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.
(7422, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
When the Director finds that the requested permit is in accordance with the requirements of this chapter, the Director shall issue a permit for the use or encroachment, attaching such conditions as the Director may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Director finds the requested permit is in conflict with the provisions of this chapter, the Director shall deny the permit, giving in writing the reasons for such denial. No permit shall be valid unless signed by the Director.
(7423, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance unless a different period is stated in the permit or an extension of time is granted by the Director. If the work or use is not begun accordingly, the permit shall become void.
(7424, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
A permit for a temporary encroachment for continuing a use or maintaining a temporary encroachment previously authorized may be authorized for a term up to one year from the date of issuance. If the Director determines that such a continuing encroachment represents a threat to the public health, safety or welfare, the Director may order the permittee to correct the threatening condition or may suspend the encroachment permit. If the Director determines that the continuation of an encroachment is contrary to the public health, safety or welfare, the Director may terminate a continuing permit upon thirty (30) days written notice to the permittee providing for an opportunity to respond in writing and/or in person.
(7425, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
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 Director 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 the right-of-way or water course restored to its former condition. The permittee shall reimburse the City for all expenses in restoring the right-of-way.
(7426, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The permittee shall keep any permit issued pursuant to this chapter at the site of the work, or in the cab of a vehicle when movement on a public street is involved. The permit shall be shown to any authorized representative of the Director or 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 Director or law enforcement officer within a reasonable time after demand is made.
(7427, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Permits shall be issued only to the person making application and may not be assigned to another person by the permittee. If any permittee assigns the permit to another, the permit shall become void.
(7428, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
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 Director. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or when such changes or additions require no excavation of the right-of-way.
(7429, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The City Council shall adopt and update fees for permits. Before a permit shall be issued, the applicant shall deposit with the City cash or check in a sufficient sum to cover costs for processing the permit, field investigation, inspections and all other related costs. 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 Director, make payment for the charges billed by the City instead of by advance deposit as required by this section.
(7430, as amended by § 1(Part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Acceptance by the applicant 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 to the City Council.
(7431, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Prior to issuance of a permit, the permittee shall deposit with the City cash, a certified or cashier's check, or an approved surety bond in a sum to be fixed by the Director as sufficient to reimburse the City for costs of restoring the right-of-way to its former condition. The permittee may also file a cash deposit or approved surety bond in a sum estimated by the Director as sufficient to cover the permittee's activities during any twelve-month period. This requirement may be waived by the Director if the work is adequately covered by existing surety deposits or other enforcement procedures or permits.
The Director shall determine the most appropriate type of surety to be provided by the permit applicant.
(7432, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The Director may require an additional surety bond or cash deposit at any time when, in the Director's opinion, the amount of the bond or cash deposit previously made is insufficient.
(7433, as amended by § 1 (part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Any surety deposit required by the Director pursuant to this chapter shall be filed with him and shall be payable to the City. The bond or cash deposit shall be released upon satisfactory completion of all work authorized and conditions of the permit.
(7440, as amended by § 19, Ord. 1143, eff. August 30 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Cash deposits or bond shall 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 or right-of-way.
(7441, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
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. 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.
(7442, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)