The City Manager shall, from time to time, establish such standards and specifications as he deems necessary for the proper construction, use and maintenance of encroachments and for the safety, protection and convenience of the public, which standards and specifications shall be applicable to all permittees. Any work or use done under all permits shall conform to the City’s standard plans and specifications, unless otherwise required by the City Manager. If inadequate provision is made for the safety, protection and conveniences of the public by the permittee, the City Manager may take such action as he deems necessary for the protection of the public and shall charge the permittee therefor.
The permittee shall allow the City Manager to inspect any or all work done pursuant to the permit at reasonable times.
The permittee shall notify the City Manager at least two (2) working days in advance of commencement of work. If appropriate, the permittee shall give such advance notice as may be required by the City Manager to the County Sheriff and/or Fire Department of the location and nature of the proposed work.
Upon completion of the work, acts or things for which the permit was issued, or when required by the City Manager, the permittee shall replace or restore the street in the area of the work to current City standards and specifications, and as required in the permit, unless otherwise required by the City Manager. Pavement restoration shall be a minimum of twelve inches (12″) beyond the excavation along all edges, and may be extended to include adjacent loose and/or distressed pavement as directed by the City Manager. The limits of all restoration work in streets may be extended to conform at adjacent joints, trench lines, curbs, or other limit as directed by the City Manager. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition.
If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the City Manager.
Upon completion of all work authorized in the permit, the permittee shall notify the City Manager in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Manager unless such final inspection is waived by the City Manager in writing.
After completion of all work, the permittee shall exercise reasonable care in monitoring and maintaining the area affected by the encroachment. For a period of two (2) years after final inspection of the work by the City Manager, or the date of waiver of final inspection, the permittee shall repair any injury or damage to any portion of the street which occurs as a result of the work done under the permit, including any and all injury or damage to the street, which would not have occurred had such work not been done. Any public utility, public agency or franchise which is authorized by law or contract to establish or maintain any works or facilities in, under or over any street shall monitor, maintain, and/or repair the street or any portion of it where the public utility, public agency or franchisee has made any excavation for the life of any works or facilities contained in or under the street.
The permittee shall repair any injury or damage in any portion of the street, resulting from the work done under the permit within the period of time required by the City Manager. In the event that the permittee fails to act timely or should repair or replacement be required before the permittee can be notified or can respond to notification, the City may make or cause to be made the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of said work, including overhead.
If any future construction or maintenance work by the City or required by the City on a street requires the relocation, removal or abandonment of installation or encroachments in, on, or under a street, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at permittee’s sole expense.
If any installations or encroachments are no longer in use, the permittee owning, controlling, or maintaining shall relocate, remove or abandon the same at permittee’s sole expense.
When removal, relocation, or abandonment is required, the City Manager shall give said permittee a written demand specifying the place of relocation, or that the installation or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the City may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.
The permittee shall obtain an encroachment permit for the work or relocation, removal, and/or abandonment, unless waived by the City Manager.