Chapter 12.08 ENCROACHMENTS

D. “Director” means the public works director of the city or such other person as may be designated by the public works director to perform the services or make determinations permitted or required by this chapter to be made by the public works director.

E. “Emergency street cut” means any street cut which must be made to repair a defective or broken underground facility, the condition of which facility constitutes an evident and immediate hazard to life, health or property, and it is impractical to secure a permit before the work is commenced.

F. “Encroachment” means any type of construction or work, or the placing of an object or thing, whether permanent or temporary upon or within public property, public streets or public rights-of-way.

G. “Major project” means the installation, repair, or replacement of any underground facility, other than a service, or other features within the right-of-way.

H. “Minor encroachment work” means the installation, replacement or repair of any curb, or gutter, or sidewalk, less than 20 feet in length; or any other minor surface facility; or the installation of any underground utility service.

I. “Person” means any natural person, firm, partnership, association, or corporation acting either for himself or as an employee or agent for another.

J. “Public property” means any area, whether improved or unimproved, which is owned or under the control of the city.

K. “Public street” means any public right-of-way, highway, street, easement, or thoroughfare, whether improved or unimproved, which is owned or under the control of the city.

L. “Street cut” means the action of or the result of opening, tearing up, excavating, repairing, installing, adding to, removing or otherwise altering any portion of any public roadway, street, alley, sidewalk, planting strip, or thoroughfare for any purpose whatsoever.

M. “Surface facilities” means any control panel, light, meter, pole, riser, standard, sign, blow off, hydrant, or any other feature installed within and above the surface of any public roadway, street, alley, sidewalk, planting strip, or thoroughfare or any other public property.

N. “Underground facility” means any pipe, conduit, tile, manhole, valve, pull or valve box, or any other material installed within and below the surface of any public roadway, street, alley, sidewalk, planting strip, or thoroughfare or any other public property. (Ord. 266 § 1, 1986)

Article II. Permits

12.08.020 Permit required when.

It is unlawful for any person, other than the officers, agents, contractors, or employees of the city, to perform any type of construction or to place an encroachment of any kind upon any property within the public street or right-of-way without first having obtained a permit to encroach on said property from the city. (Ord. 266 § 3(A), 1986)

12.08.030 Application.

A. Every application for a permit shall be made in writing upon forms furnished by the city, and applicants shall furnish thereon such information as is thereupon required as well as any such other information as may be required by the director.

B. On major projects, if requested to do so by the director, applicant shall furnish plans and profiles, in duplicate, showing the work to be done, locations, limits of work, location of pavements, replacement types, together with such other information as the director may require.

C. If the encroachment is to be made in a state highway or a county road, the applicant shall comply with all lawful regulations of the Department of Transportation, Department of Public Works, State of California or the department of public works, county of San Joaquin, and procure from such authority all necessary permits required thereby.

D. Any permit issued hereunder shall not be assignable to any other person. (Ord. 266 § 3(B), 1986)

12.08.040 Issuance and completion date.

A. Upon receipt of an application as provided herein, and if it appears that the encroachment to be made thereunder is to be done in accordance with the regulations contained in this chapter and city standards, and as otherwise provided by law governing the construction of said encroachment, a permit shall be issued upon payment of fees as fixed by the ordinances and resolutions of the city.

B. Application for a permit as required by this chapter shall be done well in advance of the time the work under such permit is proposed. Upon receipt of the application, the city shall review such application and make such determinations as required herein.

C. Every permit issued pursuant to this chapter shall specify a completion date for the work. The director may, for good cause, grant a written extension of the time to the permittee, which shall extend the validity of said permit to said extended time. (Ord. 266 § 3(C), 1986)

12.08.050 Emergency work.

Where an emergency street cut is performed, applicant shall immediately give prior notice thereof to the director, and secure or make reasonable effort to secure the consent for such work from the director as soon as reasonably practical, and shall make application for a permit for such work on the next working day. (Ord. 266 § 3(D), 1986)

12.08.060 Validity of permit subject to conditions.

The validity of any permit issued shall be subject to the permittee's compliance with all general provisions hereof, as well as any special provisions specified therein. All permits issued hereunder shall require that all underground facilities shall be of the quality and installed in a manner which may be prescribed or required by law. The issuance of a permit does not guarantee to the permittee the exclusive use of any surface area occupied by the permittee. (Ord. 266 § 3(E), 1986)

12.08.070 Indemnification and insurance.

A. The permittee shall be responsible for any and all claims and liabilities for damages caused by any of the work herein permitted or caused by the permittee's failure to perform his obligations under the permit. In the event any such claim or liability for damages is made against or imposed upon the city or any department, officer, or employee thereof, the permittee shall and by acceptance of the permit agrees to indemnify, and hold each of them harmless from such claim or liability.

B. The permittee shall provide, and keep in force during the life of the permit, a policy of public liability and property damage insurance against liability for personal injury, including accidental death, as well as liability for property damage, which may arise, in any way, out of the exercise of the rights granted by the permit. Said insurance shall name the City of Escalon as co-insured. The amounts of such insurance shall be as follows:

1. Public liability insurance, in an amount of not less than $500,000 for injury or death to any one person, and $1,000,000 for injury or death arising from any one accident; and

2. Property damage insurance, in an amount not less than $100,000.

C. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of the permit and shall contain a provision that such policy may not be cancelled except after 10 days' notice in writing to the clerk of the city.

D. A copy of the policy or certificate of insurance evidencing the insurance shall be filed with the city clerk prior to the permit being issued.

E. Utility companies that are self-insured may substitute for the public liability and property damage insurance required hereby, a statement of the fact of such self-insurance and that they accept the responsibilities and liabilities imposed by this section. Any such statement shall be in writing and in a form approved by the city attorney. (Ord. 266 § 3(H), 1986)

12.08.080 Surety bond requirements.

A. If the permittee fails, in the opinion of the director, to comply with the provisions hereof or the conditions of any permit, the director may refuse to grant and may withhold issuance of any subsequent permits to the permittee until the latter has paid all costs due the city for prior permits and has posted with the city a cash bond in a reasonable sum as determined by the director, not to exceed $25,000, which bond or any part thereof shall be used as follows:

1. To pay the actual cost of work done by the director in connection with any permit issued, including overhead costs;

2. To pay the actual cost of work done by the director to repair or restore any public improvements damaged or destroyed by the permittee during the course of any operations performed under any permit, including overhead costs;

3. To pay the actual cost of furnishing any and all safety barricades and warning devices placed on or about the permittee's work, including overhead costs.

B. Permittee shall be entitled to refund in whole or part, as the case may be, of any cash bond posted with the city pursuant hereto, when all work to be done by the permittee under a permit issued prior to subsequent to posting of said bond has been completed by the permittee and has been approved or completed by the city, from which bond shall be deducted all amounts due the city under the terms of said bond and all amounts which may otherwise be due the city pursuant to the provisions of this chapter. (Ord. 266 § 3(I), 1986)

12.08.090 Notice of commencement of work.

The permittee shall give notice to the director of the actual time of commencement of any work at least 24 hours in advance. If the permittee is a utility company, the form and frequency of notifications shall be as agreed upon by the director and the utility company. When work on any project ceases for a period of 24 hours or more, the permittee shall notify the director, at least 24 hours prior to recommencing said work. (Ord. 266 § 3(G), 1986)

12.08.100 Inspection of work.

All work done by the permittee shall be inspected by the city and the permittee shall pay the city for such inspection. (Ord. 266 § 3(J), 1986)

12.08.110 Notice of completion of work.

Upon completion of the work covered by the permit, the permittee shall give notice of completion to the director indicating the date such work was actually completed. (Ord. 266 § 3(K), 1986)

12.08.120 Fees.

The rates of fees as stipulated herein shall be in accordance with a schedule of fees approved by the city council from time to time by resolution and on file in the office of the city clerk and the director. (Ord. 266 § 5(A), 1986)

12.08.130 Denial and revocation.

A. The director shall have the right to refuse a permit to any person who is in violation of, or has failed to comply with, the provisions of this chapter in connection with the permit being applied for, or any permit previously issued except as provided otherwise by this chapter.

B. The director may, for noncompliance with any of the provisions of this chapter, revoke any permit granted herein. (Ord. 266 § 3(F), 1986)

Article III. Construction Standards

12.08.140 Performance of work – General requirements.

All work shall be performed in a neat and workmanlike manner and so scheduled as to cause a minimum of interference with traffic and inconvenience to the public. Said work shall be coordinated whenever possible with other projects in the area to the end that the public convenience is least impaired to the satisfaction of the director. (Ord. 266 § 4(A), 1986)

12.08.150 Compliance with state safety orders and applicable laws.

The permittee shall obey and enforce all safety orders, rules and regulations of the Division of Industrial Safety of the state applicable to the work, and the permittee shall comply with all applicable state and local laws, ordinances, codes and regulations. (Ord. 266 § 4(F), 1986)

12.08.160 Preservation of monuments.

A. Any iron pin, brass cap, concrete monument, or permanent monument for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property, subdivision, or a precise point of reference shall not be disturbed or removed without first obtaining the written permission of the director and the city engineer.

B. Replacement of removed or disturbed monumentation shall be done by the city engineer and the permittee shall pay all charges incurred, plus overhead and administrative costs, for the work involved. (Ord. 266 § 4(K), 1986)

12.08.170 Public access.

The permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, water valves, manholes, drainage structures, and property that may be required for emergency use. Permittee shall not remove such public service facilities and property or relocate same without proper approval and coordination with the authorities charged with control and maintenance of same. (Ord. 266 § 4(B), 1986)

12.08.180 Temporary access.

A. Temporary roadways, driveways, walks, and rights-of-way for vehicles and pedestrians shall be constructed and maintained where required.

B. Temporary walkways shall be not less than four feet in width and shall be designated for a uniform live load of at least 150 pounds per square foot. Suitable ramps or stairs shall be provided with a handrail not less than three feet high along each side, or with a railing on one side and a fence on the other, as the case may require. Said walkway around street cut shall be located as close to the area formerly used for pedestrian travel as possible.

C. The permittee shall construct and maintain in good condition such detours, detour bridges, and temporary crossings for public use as are deemed necessary for the proper execution of the work, or when same are ordered by the director. (Ord. 266 § 4(C), 1986)

12.08.190 Temporary closing of public ways.

The director may grant written permission to close or cause to be closed, for limited periods, city streets, alleys, driveways or areas not under the control of the State Department of Transportation or the county, if, in the opinion of the director, the public interest can best be served thereby. (Ord. 266 § 4(D), 1986)

12.08.200 Public safety warnings.

A. The permittee shall provide and maintain, during the performance of the work, to ensure public safety, such fences, barricades, warning and directional signals, flares, lights, watchmen and flagmen, as are or may be required by law or regulation or as may be deemed necessary by the director.

B. In the event the permittee fails to provide for the safety of the public as provided herein, the city may provide, or cause to be provided, whatever facilities are necessary and charge the permittee a reasonable fee for the work involved. (Ord. 266 § 4(E), 1986)

12.08.210 Backfill requirements.

A. The permittee shall backfill and compact all trenches and excavations in streets, within the curblines, in such a manner as to obtain relative compaction of the entire backfill as required by city standards. If the excavated material will not give the required relative compaction, an imported granular material that will give such compaction shall be used. The use of water for compaction purposes is strictly forbidden.

B. In trenches or excavation in unpaved parking strips or sidewalk planting strip areas, backfill shall be compacted to a relative compaction of at least 10 percent greater than the undisturbed native soil.

C. Testing of backfill compaction shall be in accordance with State of California Test Method 231. The number and location of compaction tests, if so required, will be determined by the director. The permittee shall be responsible for obtaining and paying for all compaction tests stipulated in the permit or as required by the director.

D. The permittee shall notify the director upon completion of the backfill. Upon receipt of such notice, the director shall cause an inspection of the backfill to be made and, if satisfactory, an approval to be issued. (Ord. 266 § 4(H), 1986)

12.08.220 Pavement replacement.

Upon approval of the backfill, asphaltic concrete pavement shall be replaced by the permittee in accordance with the city standards. (Ord. 266 § 4(I), 1986)

12.08.230 Restoration of improvements.

Curbs, gutters, sidewalks, survey monuments, sewers, drains, waterlines, structures, conduits, cables, and all other improvements damaged, disturbed, or removed during the progress of the work shall be restored to a condition as good as, or better than, existed prior to the work performed by the permittee. Restoration of such improvements shall be in accordance with the city standards. (Ord. 266 § 4(J), 1986)

12.08.240 Completion of work by city – Liability.

If the work is unduly delayed by the permittee and if the public interests reasonably so demand, the director shall have the authority, upon written notice to the permittee, to complete, or cause to be completed, the work or any portion thereof and to charge the permittee a reasonable fee for the work involved. (Ord. 266 § 4(G), 1986)

12.08.250 Maintenance and repair of streets.

A. After completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the street resulting from defective work done under the permit. The obligation of the permittee to inspect and repair work done under the permit shall continue for a period of one year following completion and approval for said work by the director, or in the event of repairs thereto, one year from the date of said repairs.

B. The permittee shall, upon notice from the director, immediately repair any injury or damage to the street occurring as a result of the work done under the permit.

C. In the event such repairs are not made by the permittee within 48 hours after notice, the director is authorized to make such repairs and charge all costs, plus overhead and administrative costs, to the permittee. By acceptance of the permit, the permittee agrees to comply with all conditions of the permit. (Ord. 266 § 4(L), 1986)

Article IV. Enforcement

12.08.260 Falsifying of information.

No person shall knowingly make any false statement, representation, record, report, plan or other document filed with or taken by the city. (Ord. 266 § 2(A), 1986)

12.08.270 Correction of violations.

In order to enforce the provisions of this chapter, the city may correct any violations of this chapter. The cost of such correction, including legal fees, shall be charged against the person violating this chapter, and the city shall have all the remedies for the collection of such costs as it has for the collection of other charges. The city may also petition the superior court for the issuance of a preliminary or permanent injunction or both, as may be appropriate, restraining any person from the continued violation of this chapter. (Ord. 266 § 2(C), 1986)

12.08.280 Violation – Penalty.

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 266 § 2(B), 1986)