No person shall encroach or cause to be made, any encroachment of any nature, whatsoever, within, upon, over or under the limits of any street in the City, or make or cause to be made, any alteration of any nature within, upon, over, or under such street, or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipeline, conduit or other fixture; or move over or cause to be moved over the surface of any street or over any bridge, viaduct, or other structure maintained by the City, any vehicle, or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the street; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the street without having first obtained a permit as required in this Chapter.
The City Manager shall provide an application form which shall contain such information as in the judgment of the City Manager is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be filed with the City Manager.
The application shall be accompanied by maps, plats, sketches, diagrams, or similar exhibits to the size and in the quantity as the City Manager shall 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 the applicant to so use or encroach thereon.
The application shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body.
Applications may be approved, conditionally approved, or denied. The City Manager shall act on the application within thirty (30) working days. Where the City Manager finds that the requirements of this Chapter have been met and the required fees and charges have been paid, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the City Manager finds that the requirements of this Chapter have not been met, he shall deny the permit, giving the reasons therefor in writing.
Fees for the issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Manager.
A public agency or utility that is authorized by law to establish or maintain any works or facilities in, under, or over any public street may, at the option of the City Manager, arrange to be billed for the required fees and charges.
Prior to issuance of a permit, unless waived by the City Manager, the permittee shall deposit with the City, cash, a certified or cashier’s check or an approved surety bond in the sum to be fixed by the City Manager as sufficient to reimburse the City for the costs of restoring the street to its former condition and, in the case of an encroachment permit for moving a building, sufficient to reimburse the City for the estimated costs of doing any work necessary to enable the building to be moved or to restore the street or any private property damaged by the move or altered to allow the building to be moved. If the permittee anticipates applying for a number of permits throughout the year, he may file a cash deposit or approved surety bond in a sum estimated by the Public Works Director as sufficient to cover the permittee’s activities during any twelve (12) month period.
The City Manager may require an additional bond or cash deposit at any time when in his opinion, the amount of the bond or cash deposit previously made, is insufficient.
The condition of any bond or cash deposit made pursuant to this Article, shall be that the permittee will diligently and with good faith, comply with this Chapter and the terms and conditions of the permit.
Any bond or cash deposit required by the City Manager pursuant to this Chapter, shall be payable to the City of San Juan Bautista. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in SJBMC 7-8-335, the bond or cash deposit will be released, provided that the City Manager may, in his discretion, allow the earlier release of the bond or cash deposit.
Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or maintain any works or facilities in, or over any street.
The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed within ninety (90) days, or within the time stated in the permit, then the permit shall become void, and the City Manager may restore the street in accordance with SJBMC 7-8-130. An extension of time for good cause may be granted by the City Manager when requested in writing.
The permittee shall keep any permit at the work site or in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the City Manager or law enforcement officer on demand.
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 Manager.
No permit issued pursuant to this Chapter shall be transferable or assignable to any other person.
Issuance of a building permit, electrical permit, plumbing permit, swimming pool permit and/or demolition permit, which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder, shall not constitute authorization to encroach on any street.
In order to preserve the ride quality, structural integrity and appearance of newly constructed or renovated streets, permission to excavate in newly constructed or renovated streets will not be granted for five (5) years after completion of street renovation as shown by the filing of a notice of completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are as follows:
(A)
Emergency which endangers life or property.
(B)
Interruption of essential utility service.
(C)
Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City.
(D)
Service lateral for building or facility where the applicant has no other means of providing service.
(E)
Other situations deemed by the City Manager to be in the best interests of the City.
All permits that are issued under subsections (A) through (E) of this Section shall be restored in accordance with SJBMC 7-8-320, and shall also include a final application of a Type 11 slurry seal as specified in Caltrans Standard Specifications, latest edition. The limits of the slurry seal shall be over the area of work in pavement, and at a minimum shall be from edge pavement to centerline of street and shall extend fifty feet (50') beyond each end of work, or as determined by the City Manager.