The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Adjacent property"
means and includes the property abutting the margin of a public place contiguous and with reference to such public place.
"Areaway"
means and includes a sunken space, either covered or uncovered, or a court affording room, access or light to a building.
"Awning"
means a temporary shelter supported entirely from the exterior walls of a building.
"Banner"
means and includes any pliable material stretched over or across any public place.
"Basic fee"
means a fee which is so designated in this chapter and which entitles the permittee to plan review and one inspection, without any callback, for the project to which the permit pertains.
"Betterment"
is that improvement to the capacity or quality of a utility distribution system beyond that required to maintain the level of service existing before the relocation, except for an improvement required by federal, state or municipal code change or an improvement required to resolve a location conflict.
"Business property"
means and includes all properties not included in the definition of the term "residential property."
"Canopy"
means a nonrigid, collapsible, nonretractable, protective covering located at an entrance to a building.
"Construction" or a "derivation of construction"
means construction, reconstruction, alteration, improvement or repair, but not maintenance.
"Contractor"
means any person or general contractor awarded a contract to perform certain work for the municipality. The contractor shall comply with all provisions of sections 24.30.030 through 24.30.080 except in cases where contract documents specifically require approved progress schedules and a complete coverage performance bond. In such cases the contractor shall be regulated by contract documents and sections 24.30.030 through 24.30.080 shall be waived.
"Director" and "director of development services"
mean the director of development services of the municipality, his or her authorized representative, or the engineer in charge of contract work being administered by the department of development services.
"Driveway"
means and includes that portion of a public place which provides access to an off-street vehicular facility through a depression in the constructed curb or, when there is no constructed curb, that area which affords vehicular access to or from a public place.
"Emergency"
is an event demanding immediate attention.
"Facility"
means a structure or other tangible thing, including those things that move, transport, store, transmit, boost, conduct or provide access to the service or product a utility may provide to its customers.
"Franchise"
means a right granted by the municipality or its predecessors to construct, or have constructed, operate and maintain public utilities not regulated by AS 42.05.
"Improved public place"
means any public place which contains overhead or underground utilities or a driving or walking surface.
"Maintenance"
means the preservation of the public place and its facilities as nearly as possible in its original condition as constructed or improved.
"Marquee"
means an approximately horizontal, rigid, nonretractable, noncollapsible structure, projecting from and supported by a building.
"Marquee sign"
means a sign placed on, constructed in or attached to a marquee.
"Permanent"
means, when applied to a facility or use, that it is of a nature which is reasonably expected to have a substantial useful life and is in the nature of a fixture.
"Permittee"
means any person granted a permit.
"Public place"
means and includes streets, avenues, ways, boulevards, drives, circles, courts, places, alleys, sidewalks, and planting strips, bicycle paths, squares, triangles, easements and rights-of-way reserved, granted or dedicated for the use of the public, and the space above or beneath the surface of such places, except parks. For purposes of this title, "public place" shall not include telecommunications, electrical, gas, telephone or other easements granting rights only to utilities.
"Residential property"
means and includes any property designated in the zoning ordinance of the municipality as residential property.
"Roadway prism"
means the top surface to one foot outside of the limits of the traveled way, shoulder, curbs and gutter, attached sidewalk, and the supporting subsurface structure, the limits of which are defined by a surface sloping down and away from one foot outside both sides of the surface at a ratio of one-foot vertical to one and one-half-foot horizontal.
"Special fee"
means a fee which is so designated in section 24.30.100 and which addresses an aspect of the permitted use which is not common to all permitted uses.
"Street"
means any public highway, street, roadway, alley, sidewalk, curb and gutter or other public thoroughfare; any easement or right-of-way for a public street, alley or other thoroughfare; or any other area dedicated to or held by the municipality for alley or other public thoroughfare purposes.
"Temporary"
means, when applied to a facility or use, that it is solely related to storage, staging or construction which is incidental to a project not located at a public place and which is otherwise not permanent.
"Use"
means and includes to construct, store, erect or maintain in, upon, over or under any public place any areaway, marquee, awning, clock, sign, billboard, sidewalk elevator or door, fuel opening, staging, swinging scaffold, elevator or other structure or material, machinery or tools used or to be used in connection with the erection, alteration, repair or painting of any building; or to move any building along or across any public place; or to use or occupy any public place for the storage or placement of any material, equipment or thing; or to operate any cleated or tracked vehicle in any public place; or to allow any vehicle to be in or upon any public place other than that portion used as a roadway; or to remove, injure or destroy any tree, flower, plant or shrub in any public place; or to deposit or permit the deposit of any liquids which cause a noxious effluvia upon a public place; or to kindle, make or have any fire on any public place; or to open, excavate or in any manner disturb or break the surface or foundation of any permanent pavement, or to alter the established grade of any street, or to disturb the surface of, dig up, cut, excavate or fill in any public place; or to construct, reconstruct, maintain or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, electric or telephone facility, gas or petroleum line or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along or over any public place.
"Utility"
means every corporation, company, individual or association of individuals as defined by AS 42.05.990(4) that owns, operates, manages or controls any plant, pipeline or system for furnishing electrical service, telecommunication service, telephone service, cable television service, natural or manufactured gas service, water service, sewer service, or similar service to the public for compensation.
"Violator"
means any person(s), organization, company, business, corporation, property owner, tenant, contractor, contractee, lessor, lessee or other entity that uses a public place without a permit or not in compliance with the conditions of a permit.
In any instance where snow, ice, water, dirt, debris, construction material(s), gravel or any organic or inorganic matter of any kind is placed, pushed, plowed, directed, discharged, or deposited in, on, under or across a public place from property, the owner of the property where the materials originated shall be responsible and is defined as a violator. If a violator, other than the property owner, uses a public place as described above, both the violator and property owner may be defined as violators.
"Zone 1"
means a street designated as an arterial or higher in the official streets and highways plan.
"Zone 2"
means:
1. 
Any public place not in zone 1 and located on or to the west of Ingra Street, on or to the north of 15th Avenue on or to the east of L Street and on or to the south of Third Avenue.
2. 
All public use and public road easements, wherever located.
"Zone 3"
means any public place not assigned to zone 1 or to zone 2, and all easements other than public use and public road easements.
(CAC 10.24.010—10.24.160; CAC 10.40.120.F; AO No. 87-66; AO No. 99-13(S), § 2, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003; AO No. 2007-70, § 1, 5-15-2007)
A. 
Permit required. It is unlawful for anyone to use any public place as defined in section 24.30.010 without first having applied for and obtained a permit to engage in such use and paying the permit fee if one is prescribed in this title. No contractor's license shall be required of a certificated utility doing its own work. Nothing contained in this section shall apply to street or storm sewer maintenance work performed by the municipality or street or storm sewer improvement projects under contract with the municipality. A permit must be obtained for the use of any public place. Fines for failure to have a permit under this subsection may be assessed according to the schedule provided in Title 14.
B. 
Sidewalk encroachment permit. Subject to the requirements of this subsection B, an annual, calendar-year sidewalk encroachment permit may be issued to the owner or lessee occupant of an abutting storefront to allow use of and encroachment in the public sidewalk right-of-way in central business zoning districts B-2A and B-2B. This permit may be issued solely for the purpose of allowing storefront owner/lessee occupants to place on sidewalks subject to the permit: customer advertising or direction signs, tables, chairs, benches, flower boxes, trash receptacles and similar customer amenities and decorative items. With their application to the department of development services, each applicant for a permit under this subsection B shall provide a schematic diagram of the proposed uses and their locations on the sidewalk in relation to their storefront. As used in this section, "storefront" means the side of the premises facing the street at street level.
1. 
One sidewalk encroachment permit may be issued the owner or lessee occupant of each storefront abutting the public sidewalk right-of-way.
a. 
The premises occupied by an owner or lessee which is located on a corner shall be considered to have a "storefront" abutting both sidewalks.
2. 
The sidewalk encroachment permit only authorizes use of the public sidewalk right-of-way:
a. 
In accordance with this subsection B;
b. 
By the owner or lessee occupant of the storefront premises abutting the public sidewalk right-of-way;
c. 
Directly in front, of the permittee's storefront premises;
d. 
In a manner that ensures at least a contiguous, eight-foot-wide pedestrian passageway on the sidewalk. The director may approve contiguous pedestrian passageways as narrow as five feet, after consideration of the criteria in subsection B.2.f below;
e. 
To place signs conforming to the requirements of chapter 23.40, provided however, that signs shall not have more than two faces; and
f. 
In such a manner as reasonably ensures the safe and unobstructed movement of pedestrians, compliance with the Sign Code, the safe and unobstructed use of permitted on-street parking, necessary sidewalk and building access for fire and emergency purposes, adequate insurance coverage and the protection of the public health, safety and welfare.
3. 
The department of development services shall issue sidewalk encroachment permits under this subsection B with such additional conditions, including the specific location of the various permitted uses, as may be reasonably necessary, in its exclusive judgment, to further ensure compliance with the conditions for use of a public sidewalk right-of-way set forth in subsections B.2.a through B.2.f of this section.
a. 
The department of development services shall attach to each permit a schematic diagram of the permitted uses and locations thereof authorized by the permit.
4. 
Upon the first instance of noncompliance with the conditions of this subsection B or the permittee's permit conditions during the permit period, the department of development services shall issue the permittee a warning notice of non-compliance which shall grant the permittee three days within which to bring permittee's sidewalk use into compliance with this section and the conditions of permittee's permit. Provided the violation cited in such warning notice is cured within the time prescribed, no further action shall be taken to enforce said violation. Except for violations cured within the three-day grace period for first violations, any other violation of the conditions of this subsection B or the conditions of the permit shall result in a civil penalty for a violation of this section or any condition of a sidewalk encroachment permit as follows:
Violation
Penalty
First violation after warning notice including failure to cure violation cited such notice
A civil penalty equal to three times the permit fee
Second violation after warning notice
A civil penalty of $500.00 plus an amount equal to triple the permit fee.
Third violation after warning notice
Abatement and revocation of the permit or permit denial for the subsequent permit year.
Each day a violation remains or occurs under this subsection constitutes a separate violation.
C. 
There shall be an exemption from the requirement of subsection A of this section for an owner of property adjacent to the use where use of a public place is for a water utility service line, including an individual key or service box owned by and serving an adjacent property owner, and connected to the facilities of a certificated water utility enterprise, if:
1. 
The utility enterprise has obtained or holds any permit which is required by this Code for the use of the designated service lines;
2. 
The utility enterprise is regulated by AS 42.05 and is required by the state public utilities commission or other regulating agency to maintain and control the utility service line; and
3. 
There appears in each relevant agreement, tariff or permit an agreement by the utility enterprise to accept full liability for the use of the service line as required in section 24.30.080, except for the negligence of the property owner, and to accept full responsibility and charge for compliance with this chapter.
The failure of a use of a public place to meet any of the above conditions at any time, including but not limited to the termination of maintenance or use of connected facilities, shall immediately terminate any exemption from the requirements of subsection A of this section. Any certificated water utility enterprise maintaining a utility service line previously qualifying for an exemption shall notify in writing the record owner of the utility service line, the customer served by the service line and the director of development services of any termination of the exemption within ten days of the termination.
D. 
Annual vertical bore permit. Subject to the provisions of this chapter, an annual, calendar-year vertical bore permit may be issued to allow use of and encroachment in the public place.
1. 
A permit may be issued solely for the purpose of drilling test bores.
2. 
The annual fee for a permit shall be as set forth in section 24.30.100.
3. 
A permit may include several locations. However, a sub-permit shall be required and issued for each project.
4. 
Sub-permits are not required to be signed, may be electronically transmitted to the permittee, and no inspection fees apply.
5. 
Applicable traffic control plans and road closure fees shall be required.
E. 
Restoration warranty for work inside a roadway prism. A permittee performing work in a roadway prism under an annual vertical bore permit pursuant to this chapter shall warrant the performance of the excavation, backfill, compaction and resurfacing. Collectively, this work shall be referred to as "restoration." The warranty period shall start when the permit is closed. The permittee shall warrant the performance of the restoration shall be at least equal to the performance of the adjacent surface grade and cross-section, until such time as the roadway prism within and adjacent to the restored area is resurfaced by asphaltic overlay or removal and replacement. Permittee shall also warrant the joint between the restored area and existing surfacing shall be free of cracking and separation.
(CAC 10.28.050; AO No. 79-220; AO No. 97-88, § 1, 6-3-1997; AO No. 99-13(S), § 3, 3-16-1999; AO No. 2000-64, § 2, 4-18-2000; AO No. 2003-68, § 9, 9-30-2003; AO No. 2007-70, § 1, 5-15-2007; AO No. 2013-100, § 7, 1-1-2014; AO No. 2024-43, § 1, 5-7-2024)
It is unlawful for anyone holding a franchise from the municipality, or who may hereafter be granted a franchise, although deriving rights to occupy public places from the franchise, to use or occupy any such public place, go upon such public place, or perform any construction work therein which shall disturb the surface of the street, planting (parking) strip, sidewalk or other public place, or which may consist of the placing of facilities along, across, within, over, or under a public place, without complying with all the provisions of this title and obtaining and having a permit from the director of development services to do so.
(CAC 10.40.010; GAAB 25.20.020; AO No. 79-220; AO No. 99-13(S), § 8, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
Applications for permits provided for in this chapter shall be filed with the director of development services, upon a form furnished by him or her. Such applications shall contain:
A. 
An accurate description of the public place or portion thereof desired to be used as specified in this chapter.
B. 
The use desired to be made of such public place by the applicant.
C. 
The plans, specifications, descriptions of work, limits of work, methods to be employed, and other pertinent data to provide the director of development services with all information necessary to evaluate the design, location and other aspects of the proposed installation.
D. 
The location of all other aerial, surficial or underground facilities, which shall be shown on the plans in relation to the proposed alignment.
E. 
The cash deposit required by section 24.30.050 and the applicable basic fee described in section 24.30.100.
(CAC 10.32.010; AO No. 87-66; AO No. 2003-68, § 9, 9-30-2003)
Permits shall be obtained at least two working days before the work is commenced or resumed and shall not be transferred or assigned except as covered herein. The director of development services shall examine each application to determine if it complies with the provisions of this title and may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit shall be granted. If the director of development services finds that the application conforms to the requirements of this title pertaining thereto, and also that the proposed use of such public place will not unduly interfere with the rights of the public, he or she may approve thereof, and, if approved, shall issue a permit, upon the applicant's compliance as specified in this chapter with the provisions of this title relative to indemnity. The permit shall also provide a time limit within which the work shall be completed, and work shall commence within ten days after the application is approved. Unless an extension of time is granted by the director of development services`, the permit shall be void if the work is not commenced and completed within the dates specified.
(CAC 10.32.020; AO No. 2003-68, § 9, 9-30-2003)
A. 
If the director of development services determines that there is a possibility of injury, damage or expense to the municipality arising from an applicant's proposed use of any public place, the applicant for a permit under this chapter shall furnish to the municipality a surety bond, cash or certified check, payable to the municipality, to be in an amount of not less than $500.00. The deposit shall be in an amount determined by the director of development services at the time of approving the application and shall be used to pay the cost plus overhead charges as specified in section 24.30.110 of additional inspectors, surveys or other services performed by the municipality above those included within the permit fee, of restoring the street and removing any earth or other debris from the street, of the replacement of any utility interrupted or damaged, and of the completion of any work left unfinished, and any other expense the municipality may sustain in conjunction with the permitted work. In the case of a cash indemnity deposit, the balance, if any, after the deductions listed in this subsection, shall be returned to the applicant. If the deposit is insufficient the applicant will be liable for the deficiency.
B. 
If a surety bond is filed, the bond shall assume all the requirements provided in subsection A of this section in relation to a cash indemnity deposit, shall run for the full period of the permit, and shall be conditioned that such applicant shall faithfully comply with all the terms of the permit and all the provisions of this title, and all other ordinances of the municipality, and indemnify and save the municipality free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in the application. The bond shall be approved as to form by the risk manager.
C. 
The municipality reserves the right to determine the circumstances and length of duration of a bond, cash or certified assurance required to cover possible damage and repairs which may result from the permittee's construction. If the application shall be to construct, reconstruct, repair, maintain or remove any sidewalk, pavement, grading or underground installations of any kind, or any other work which may affect the integrity of the street or other public place, the applicant shall file a surety bond approved as to form by the risk manager, which bond shall run for the full period of the permit plus one year after the acceptance of the permitted work by the director of development services. The amount of the bond shall be in an amount fixed by the director of development services and conditioned that the applicant shall faithfully complete all portions of the work according to the standard construction specifications and standard details of the municipality, and the special plans and other data approved or specified by the director of development services.
D. 
In addition to the other requirements stated in this section, the director may require that a cash deposit of not more than $2,500.00 accompany an application for a permit based on the following criteria:
1. 
The scope of the work to be performed under the permit.
2. 
The permit applicant's record for satisfactory completion of work authorized by other permits issued under this title.
E. 
A cash deposit received by the director under subsection D of this section shall be treated in the following manner:
1. 
Following a determination by the director that the work authorized by the permit has been satisfactorily completed, the cash shall be returned to the permittee unless the permittee first requests that the deposit be held by the director so that it can be applied to another permit application by that permittee.
2. 
If the work is not completed in accordance with the permit, the director shall notify the permittee, in writing, of the remedial steps to be taken. If the permittee fails to complete such remedial work within seven days after receipt of that notice, the director may arrange for that work to be performed. The permittee shall be personally responsible for direct payment of all costs, including overhead expenses, related to work performed by the director, and shall pay such costs no later than 30 days following receipt of an invoice therefor.
3. 
A person shall be ineligible to apply for a permit under this title until he or she has discharged his or her obligations under this section.
4. 
The director shall place a cash deposit in an interest-bearing account so that interest shall accrue within 24 hours following such placement. All accrued interest shall be credited to the permittee's account.
(CAC 10.32.030; AO No. 87-66; AO No. 2003-68, § 9, 9-30-2003)
A. 
Where it is probable that more than one permit will be desired, or that an applicant shall be periodically using public places, the applicant may post of his or her own volition or the director of development services may require the applicant to post a surety bond of sufficient amount to cover the accumulated cost or risk involved at any certain time in a calendar year for a number of permits outstanding as determined by the director of development services, the bond to be in force during the period of all outstanding permits, but in no case for less than one year. The bond shall be approved as to form by the risk manager, and conditioned to assume all of the requirements provided in section 24.30.050 in relation to a cash indemnity deposit.
B. 
However, if at any time any applicant applies for a permit to use a public place, and in the opinion of the director of development services the work or risk involved in the application shall, together with other permits outstanding in the name of the applicant, exceed the amount of the then presently posted surety bond, the applicant may be required to post an additional or separate surety bond to cover the additional risk or work involved prior to the issuance of any new permits. The bond shall remain in force during the period of all outstanding permits, but in no case for less than one year.
C. 
In addition, the director of development services may require any permittee to post a surety bond in the calendar year following the period of a permit when the extent of possible damage to a public place has not been completely determined.
(CAC 10.32.040; AO No. 2003-68, § 9, 9-30-2003)
A. 
No deposit shall be required under this chapter of any public utility, public corporation or political subdivision which is authorized by law to establish or maintain any works or facilities in, under or over any public street, alley or right-of-way.
B. 
Public entities described in subsection A of this section shall nevertheless furnish a certified statement assuring the municipality that any and all costs for repair of damage to the street or public place or installations within it shall be at the liability of the permittee when it has been determined by the director of development services that there is a reasonable basis to require such protection.
C. 
No bond or certified statement will be required of the various municipal departments or divisions or of a municipal contractor where the contract documents specifically require approved progress schedules and a complete coverage performance bond. This provision, however, shall not relieve any person of the responsibility of obtaining the permit.
D. 
The director of development services shall have the sole authority to waive the requirements for bonding or certified assurances.
E. 
All permittees except the department of development services must pay permit fees required by law or regulation before commencing work for which a permit is required under this title.
(CAC 10.32.050; AO No. 81-66(S); AO No. 2003-68, § 9, 9-30-2003)
A. 
Required. The permittee under this chapter shall be responsible for all claims and liabilities arising out of work performed or arising out of failure to perform his or her obligations with respect to street or other maintenance incidental to the permitted work. The permittee shall agree forever to indemnify, defend, save and hold harmless the municipality, and its officers and employees, from and against any and all lawsuits, claims or actions brought by any person for or on account of damage to property, or injury, disease, illness or death of persons, including all costs and expenses incident thereto, arising wholly or in part from or in connection with the existence of construction, alteration, maintenance, repair, renewal, reconstruction, operation, use or removal of the work performed or in consequence of failure to perform his or her obligations with respect to street and other incidental maintenance, which do not arise from the sole negligence of the municipality.
B. 
Construction of areaway or vault. If the application for a permit is to construct or maintain an areaway or vault, or to use or occupy the planting (parking) strip or area behind the curb or sidewalk by erecting a bulkhead, steps, retaining wall, rockery, structure or any facility therein, in addition to the cash indemnity fund provided for in this chapter, the owner of the premises in front of which and in connection with which the facility is to be constructed, erected, maintained, used or occupied, and any existing lessee, sublessee, tenant and subtenant using or occupying the basement of the premises in connection with which such structure is to be used, before the permit is issued, shall, in the manner provided by law for the execution of deeds, execute and deliver to the municipality, upon a form to be supplied by the director of development services, an agreement in writing, signed and acknowledged by such owners and by any existing lessee, sublessee, tenant and subtenant, and containing an accurate legal description of the premises and a covenant on the part of such owner, lessee, sublessee, tenant and subtenant, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, and tenants and subtenants, forever to hold and save the municipality free and harmless from any and all claims, actions or damages of every kind and description which may accrue to or be suffered by any person by the use of such public place, or by the construction, existence, maintenance or use of such structure. If the application for a permit is to construct and maintain an areaway, such agreement shall also contain a covenant on the part of the persons or corporations executing the agreement, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants, assuming the duty of inspecting and maintaining all services, instrumentalities and facilities installed in the areaway to be constructed or occupied under authority of such permit, and assuming all liability for and saving and holding the municipality harmless from any and all loss, damage or injury that may result to his or her or their own person or property, or the person or property of another, by reason of such services, instrumentalities or facilities.
C. 
Conditions; filing of agreement. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon 30 days' notice, posted on the premises, or by publication or without such notice in case the permitted use shall become dangerous or such structures shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this title, the permit may be revoked and the structure and obstructions ordered removed. Every such agreement, after it has been received in the municipal clerk's office and numbered, and after the agreement has been recorded, shall be retained in the files and records of the municipal clerk's office.
D. 
Disclaimer of responsibility for expenses and damages. The municipality, for the purposes of this permit, hereby disclaims any representation or implication that it retains any title in any public right-of-way other than an easement for public use purposes for so much land as described by the instrument conveying such easement. The permittee by these presents accepts notice and agrees that any expenses or damages incurred by the permittee through the abandonment, removal, reconstruction or alteration of any public right-of-way, or incurred by the permittee as a result of this disclaimer, shall be borne by the permittee at no expense to the municipality.
(GAAB 25.10.070.G; CAC 10.32.060; AO No. 2003-68, § 9, 9-30-2003; AO No. 2009-134, § 1, 1-12-2010)
A. 
All permits granted under the provisions of this chapter for the use of any public place shall be wholly of a temporary nature, shall vest no permanent right, and shall be issued and may in any case be revoked by the director of development services upon 30 days' notice, or without notice in case any such use, occupation or work being performed under a permit shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, located, maintained or used in accordance with the provisions of this chapter or any other ordinance.
B. 
If any such structure or obstruction, or use or occupancy, is not discontinued on notice so to do by the director of development services, he or she may forthwith remove such structure or obstruction from such place, or make such repairs upon such structure or obstruction as may be necessary to render the structure or obstruction secure and safe, at the expense of the grantee of the permit or his or her successor, and such expense may be collected in the manner provided by law, and the director of development services may require a surety bond in such connection.
C. 
It is unlawful for any person to make, or cause or permit to be made, any excavation, or to install or maintain, or to cause or permit to be installed or maintained, any tank, pipe, conduit, duct, tunnel or other structure or facility on or under the surface of any street, alley, sidewalk or other public place at any location other than that described in the permit or shown on the plans approved by the director of development services as provided in this chapter. Any error by the permittee or his or her contractor in construction and placement of any or all of a facility authorized by a permit which the director of development services orders changed, adjusted or relocated shall be accomplished by the permittee upon written notice from the director of development services, at the sole expense of the permittee. If the permittee fails to accomplish such change within ten days following issuance of the notice, the director of development services may proceed to make such change and collect expenses as provided in this chapter.
(CAC 10.32.070; AO No. 99-13(S), § 4, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
A. 
The director of the development services department shall prepare a schedule of fees applicable to all permits, commensurate with the costs of administering, inspecting and policing the permits and their use. Notification of fee schedule changes to permit holders and applicants shall be made promptly by the department of development services. Fees shall be collected by the department.
B. 
Fees shall be paid in accordance with section 24.30.100 before a permit is issued pursuant to this title.
(AO No. 99-13(S), § 5, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003; AO No. 2013-100, § 8, 1-1-2014; AO No. 2018-100(S), § 7, 1-1-2019)
Fees shall be paid in accordance with this section before a permit is issued. The permit fee charged will include the aggregate of all fees listed below relevant to the application and reasonable charges for plotting as-built locations on the permanent records of the development services department.
A. 
Basic fee for permanent uses. The basic fee for a permanent use permit shall include the first inspection of up to one hour and shall be based on the following schedule:
Permit Fees for Permanent Uses
Location of Use
Fee
Inside road prism, each 360 linear feet
$355
Outside road prism, each 360 linear feet
$235
The fee shall be for the first foot of each 360 linear feet of work area measured along or parallel to the road prism.
B. 
Removal of paved surface. The fee for a permit which authorizes the removal of existing paved surface shall be based on the following schedule:
Permit Fees for Removal of Paved Surface
Age of Pavement Surface Since Construction
Fee
One year or less since construction
$2,715
More than one, but less than two years old
$1,360
More than two, but less than three years old
$675
More than three years old
$135
If recycled asphalt paving or chip seal
$135
The fee shall be for the first foot of each 360 linear feet of work area measured along or parallel to the road prism. The fee shall be for any width of pavement removal.
C. 
Additional inspections. All work within the right-of-way is subject to inspection. The fee for inspection is $135 per hour except the first inspection up to one hour is covered in the basic permit fee. Every additional inspection of work authorized by the permit shall be subject to a minimum hourly charge of $135; inspections outside of normal business hours shall be $205 per hour, per inspector, with a two-hour minimum; inspections on Sundays or holidays shall be $295 per hour, per inspector, with a two-hour minimum. When the municipality deems additional inspections beyond that covered by the basic fee is likely, the total estimated fees shall be prepaid and the unused portions, if any, shall be refunded to the permittee upon completion of work required under the permit.
D. 
Temporary public place rental permits. All temporary/seasonal use of the right-of-way shall have a right-of-way rental permit. Temporary public place rental permit fees shall be based on the following schedule:
Fees for Temporary Public Place Rental Permits
Location of Use
Fee
Improved public place
$0.75 per sq. ft./month
Outside improved public place
$0.50 per sq. ft./month
When a temporary permit authorizes use of a public place for a project that extends through more than one use location, the location shall be considered to be an improved public place.
E. 
Encroachment permits. The non-refundable application fee for an encroachment permit shall be $120. The right-of-way encroachment fee is $315. A right-of-way encroachment permit issued pursuant to this section shall be valid between January 1 or the date of issuance and December 31 of the year in which it is issued. An application for renewal of a permit shall be submitted in the same manner as the original application and no later than December 1 preceding the expiration date of the permit.
F. 
Sidewalk encroachment permits. The annual fee for a sidewalk encroachment permit issued pursuant to section 24.30.020B shall be $105 with no other charges for the use of or encroachment on the sidewalk. The permit and fee requirements do not apply to vendors with valid licenses issued under chapter 10.60.
G. 
Annual vertical bore permits. The annual fee for an annual vertical bore encroachment permit issued pursuant to section 24.30.020D shall be $1,360.
H. 
Road closure permits. The fee for a permit authorizing road closure shall be based on the following schedule:
Permit Fees for Road Closures
Type of Closure
Fee
Full closure
$415
Partial closure
$295
The fee shall be for the first foot of each 360 linear feet of work area measured along or parallel to the road prism. Areas of traffic control markings, cones, signs and delineators outside the work area are not measured for permit purposes.
I. 
Blanket utility permits. The annual fee for a utility company operating in a public place outside of the road prism under a blanket utility permit pursuant to chapter 24.60 shall be $1,360.
J. 
Use of a public place without a permit. Private contractors, private utilities or public utilities may be assessed a fine under Title 14 for any work done by them in a public place without the appropriate permit.
K. 
Work not in conformance with a permit. A fine may be assessed under Title 14 for work not in conformance with a permit. For work not brought into conformance with a valid permit after notice to the permittee by the municipality of such nonconformance, the permittee may be assessed an additional fine according to the schedule in Title 14 plus municipal inspection fees associated with monitoring the work being brought into conformance. Non-emergency notices shall be in writing and shall give ten days to cure the violation before the additional fine may accrue. If an emergency situation exists, as determined in the sole discretion of the director of development services or his or her designee, notice may be verbally given and may require immediate cure of the violation.
L. 
Work in violation of a notice to stop work. Anyone issued a notice to stop work who fails to stop work or resumes work without permission from the municipality or removes, mutilates, destroys or conceals the notice may be assessed a fine according to the schedule in Title 14.
M. 
Other permits. Any work for which a permit is issued, but which is not addressed elsewhere in this section, shall require a basic fee of $135.
N. 
Exceptions to fees. Community councils engaged in the authorized use or encroachment of public rights-of-way shall be exempt from permit fees when the use is part of the community council's beautification program and commercial or noncommercial persons' or organizations' names or logos are not displayed. Established business improvement districts shall also be exempt from permit fees. Permits are required.
O. 
Billing. A utility may receive permits in advance of payment of fees under any billing arrangement authorized by the department of development services.
P. 
Plan review fees. All work within the right-of-way is subject to plan review.
1. 
The fee for plan review is $175 per hour except that the first hour is covered in the basic permit fee.
2. 
The fee for a plan review for a driveway meeting the definition found in AMC Section 23.45.202 is $75.
(AO No. 99-13(S), § 6, 3-16-1999; AO No. 2000-64, § 3, 4-18-2000; AO No. 2000-66, § 3, 4-18-2000; AO No. 2001-145(S-1), § 19, 12-11-2001; AO No. 2003-68, § 9, 9-30-2003; AO No. 2003-152S, § 15, 1-1-2004; AO No. 2013-100, § 9, 1-1-2014; AO No. 2018-100(S), § 8, 1-1-2019; AO No. 2019-116(S), § 8, 1-1-2020)
[1]
Editor's note — Prior history: CAC 10.32.080; AR No. 77-24; AO No. 87-66; AO No. 93-9; AO No. 95-157(S), eff. 8-8-1995; AO No. 97-88, eff. 6-3-1997; AO No. 98-37, eff. 2-24-1998.
A. 
Upon approval by the director of development services of an application for the use or occupation of a public place, and upon posting of the bond, indemnity deposit or certified statement by the permittee, the director of development services shall issue a permit therefor. The director of development services may attach to and make a part of the permit any special provisions and stipulations that he or she deems necessary to protect the public place or its appurtenances, other existing or approved installations, and the general public, or may specify methods, sequences of construction and materials and other pertinent items, or may require that the applicant enter into an agreement with the municipality which shall contain such provisions and stipulations that he or she deems necessary.
B. 
The original permit shall remain in the custody of the director of development services and a carbon copy shall be given to the permittee. Additional copies may be made for use by such other divisions of the municipality as have need of them.
C. 
The permittee shall post a copy of the permit in a conspicuous location at the place to which the permit pertains before any work there is started and shall remove the permit only after the director has accepted the work as being performed in compliance with the permit.
D. 
Any dispute regarding a permit issued under this title shall be resolved by the director.
E. 
A right-of-way permit is not valid until a valid one-call ticket number is provided as proof underground facility owners were contacted for surface markings. The one-call ticket number shall be submitted at the time of notification of commencement of work.
(CAC 10.32.100; AO No. 87-66; AO No. 2003-68, § 9, 9-30-2003; AO No. 2007-70, § 1, 5-15-2007)
The director of development services may, in his or her reasonable discretion, defer the action of the permit provided for in this chapter until such time as he or she deems proper in all cases where the public place on which the work is desired to be done is occupied or about to be occupied in any work by the municipality, or by some other person having a right to use the place in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time, and may, in granting such permit, so regulate the manner of doing such work as shall cause least inconvenience to the public in the use of such public place, and in all cases any work of the municipality or its contractors or employees shall have precedence over all work of every kind.
(CAC 10.32.110; AO No. 2003-68, § 9, 9-30-2003)
No street or intersection shall be closed in the performance of the work when a traffic restriction or street closure is already in effect on an adjacent parallel street, except in emergencies or by special authorization of the director of development services. Special authorization under this section may be granted by the director of development services during construction through approval of a progress schedule submitted by a contractor in compliance with the contract documents.
(CAC 10.32.120; AO No. 2003-68, § 9, 9-30-2003)
A. 
At least two working days before the work is commenced or resumed, the permittee shall give notice of the time of commencement of the work to the director of development services, and,
B. 
A valid one-call ticket (utility locate) number shall be submitted at the time of notification of commencement of work as proof underground facility owners were contacted for surface markings, and,
C. 
The right-of-way permit is not valid without the required two working day notification and the valid one-call ticket number. Failure to comply with these requirements shall result in immediate forfeiture of the pre-paid right-of-way permit inspection fees for the applicable right-of-way permit. Right-of-way permits deemed invalid by this section shall not become valid without re-payment of the inspection fees and notification of commencement of work as described herein.
(CAC 10.32.130; AO No. 2003-68, § 9, 9-30-2003; AO No. 2007-70, § 1, 5-15-2007)
A. 
After work subject to this chapter has been started, the work shall be diligently and continuously prosecuted by the permittee until completed.
B. 
If, after the work has been started, the permittee delays beyond the period stated in the permit for completion of the work, the director of development services shall have the authority upon written notice to the permittee to complete the work or any portion thereof. The actual cost of such work performed by the municipality, plus overhead charges as provided in section 24.30.110, shall be paid by the permittee or withheld from the deposit posted by him or her.
(CAC 10.32.150; AO No. 2003-68, § 9, 9-30-2003)
All work subject to this chapter shall be performed in a neat and workmanlike manner and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Detours shall be planned and coordinated with the traffic engineer, as necessary, to allow for a smooth flow of traffic at all times. Access shall be provided to all mailboxes, fire hydrants, water gate valves, manholes and other public service structures and property as may be required for emergency use. Public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working 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, and progress or work schedules shall be so arranged as to provide an access to all lots from either the street or alley where such double access exists.
(CAC 10.32.160)
A. 
During the period of the permit issued under this chapter the permittee will be permitted to occupy such portions of streets, alleys and other public places as allowed by the ordinances of the municipality and as shown on the plans, or as permitted by the director of development services.
B. 
A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed, nor inconvenience occupants of adjoining property.
(CAC 10.32.170; AO No. 2003-68, § 9, 9-30-2003)
Upon notice from the director of development services, immediate repairs shall be made of any injury or damage in any portion of the street which occurs as a result of the work done, including any and all damage to the street which would not have occurred had such work not been done, and which, in the opinion of the director of development services, constitutes a public hazard. If such repairs are not made within 24 hours after notice, the director of development services is authorized to make such repairs and charge all costs plus overhead as provided in section 24.30.110.
(CAC 10.32.180; AO No. 2003-68, § 9, 9-30-2003)
Notice of completion shall be filed by a permittee under this chapter with the director of development services within ten days after completion of the work.
(CAC 10.32.190; AO No. 2003-68, § 9, 9-30-2003)
All work done by a permittee under this chapter may be inspected and approved by the director of development services, or his or her designee, and all as-built information required by the director shall be furnished to the director. As-built information furnished will be obtained by means of industry standard survey techniques, as may be modified by the director of development services. For utilities, location maps shall be modified to include the as-built information. The updated location maps shall be provided to the director at least annually.
(CAC 10.32.200; AO No. 99-13(S), § 7, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
The provisions of sections 24.30.010 through 24.30.290 shall not relieve the permittee of the obligations imposed by other sections of this Code. After installation is completed, any facility installed under the provisions of this chapter shall be the responsibility of the owner or adjacent property owner, as applicable, for all maintenance, repairs, damages, replacement or removal, provided that such facilities may not be serviced, repaired or replaced without first obtaining a written permit from the director of development services as provided in this chapter.
(CAC 10.32.210; AO No. 2003-68, § 9, 9-30-2003)
Nothing in this chapter shall be construed to prevent any person from maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit, subject to all provisions of this title, or from making such excavations as may be necessary for the preservation of life or property when such necessity arises; provided, however, that he or she shall assume all cost and liability in connection with the work. When an emergency excavation has been commenced, the person making such excavation shall secure a permit therefor on the next working day.
(CAC 10.32.220)
In emergency situations where facilities block, obstruct or have damaged the highway or appurtenances or have created a danger or hazard to the traveling public, they shall be reported by the permittee by the most expeditious means of communication, as soon as reasonably possible to do so, to the director of development services and the municipal police, as to the location, type and extent of the emergency, and the permittee shall take such measures as are required to protect the health and safety of the traveling public during such emergency operations.
(CAC 10.32.230; AO No. 2003-68, § 9, 9-30-2003)
A permittee under this chapter shall not assign or transfer any of the rights of his or her permit to another individual or company without first notifying and securing the approval of the director of development services. The permittee shall not allow another person or company to share its permitted facilities unless the other person or company has first obtained a permit, except as provided in section 24.30.020B. When a permittee sells, combines, merges or otherwise changes identity, it shall be the responsibility of the new owner or permittee to inform the director of development services in writing within 30 days of the circumstances and furnish names and addresses of responsible officials.
(CAC 10.32.250; AO No. 79-220; AO No. 2003-68, § 9, 9-30-2003)
The waiver of any breach of any of the terms or conditions of a permit under this chapter shall be limited to the act constituting such breach of the specific permit only, and shall never be construed as being continuing or a permanent waiver of any such term or condition, all of which shall be and remain in full force and effect as to the future acts or happenings, notwithstanding any such individual waiver of any breach thereof.
(CAC 10.32.260)
Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property, subdivision or a precise survey reference point within the municipality shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the director of development services. Permission shall be granted upon the condition that the person applying therefor shall cause to be replaced, at his or her expense, by the director of development services, the monument so removed or disturbed. A municipal contractor shall not be held responsible for monuments not shown on the construction plans if the plans are prepared by the department of development services. It is the responsibility of all other contractors and permittees to determine the location of all monuments prior to commencing work.
(CAC 10.32.270; AO No. 2003-68, § 9, 9-30-2003)