Chapter 13.56 ENCROACHMENTS

This chapter is known and may be cited as the “encroachment ordinance.” The provisions of this chapter shall operate as a supplement to all applicable California Code sections concerning encroachments on city highways. (Ord. 1506 § 1 (part), 1996)

13.56.020 Definitions.

The following words and phrases shall apply in this chapter:

“Actual cost” means the amount determined by applying the provisions of the encroachment fee resolution as adopted by the city council.

“Applicant” means any person, firm, partnership, association, corporation, company or organization of any kind who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

“Base course” means that portion of the highway structural section located between the pavement and the native soil.

“City” means the city of Gardena.

“City council” means the city council of the city of Gardena.

“Department” means the department of public works of the city of Gardena.

“Driveway” means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

“Encroachment” means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, drop-off box for mail and/or packages, stand or building, temporary rolloff containers, or any structure or object of any kind of character not particularly mentioned in this chapter which is placed on, in, along, under, over or across the highway. “Encroachment” does not include the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes; or publication dispensing device, provided that the requirements of Chapter 12.04 are met.

“Encroachment work” means the work of constructing, placing or installing an encroachment in a right-of-way.

“Engineer” means the city engineer of the city, or his designee.

“Excavation” means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. The term shall also include any excavation on private property which removes or imperils lateral support of a public place.

“Highway” means any public highway, public street, public alley, public way or public place in the incorporated territory of the city, either owned by the city or dedicated to the public for the purpose of travel. “Highway” includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

“Native soil” means the compacted native material.

“Overhead structure” means any structure, other than franchise utility poles and their facilities, extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in the building code.

“Pavement” means the surfaced portion of the highway structural section which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

“Permittee” means any person, firm, partnership, association, corporation, company or organization of any kind who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the department pursuant to the provisions of this chapter.

“Public” means any person as defined in this chapter other than the city road maintenance division and includes the United States and the state of California.

“Right-of-way” means any land or interest therein which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for or dedicated to the city for use by the general public.

“Section” means a section of this code unless some other ordinance or statute is expressly cited. (Ord. 1726 § 25, 2011; Ord. 1506 § 1 (part), 1996)

13.56.030 Applicability.

Unless the provisions or the context otherwise require, these general provisions, rules of construction, and definitions shall govern the construction of this chapter. (Ord. 1506 § 1 (part), 1996)

13.56.040 Exception.

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. Work performed by any person under contract with or at the request of the city is exempt from the fee and bond requirements of this chapter. (Ord. 1506 § 1 (part), 1996)

II. Application for and Issuance of Permits

13.56.050 Permit required.

Every person except as otherwise provided in this chapter shall obtain an encroachment permit from the engineer before he:

A. Makes or causes to be made any excavation or encroachment in any highway;

B. Places, changes or renews an encroachment;

C. Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining or garden wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across or through any highway;

D. Constructs, reconstructs or repairs any highway light, or highway lighting system in any highway which is open to public travel. This subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

E. Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;

F. Places or leaves any impediment to travel upon any highway, including trash, trash dumpsters or debris;

G. Erects or maintains any post, sign, banner, pole, fence, guardrail, wall, loading platform or any other structure on, over, under or within a right-of-way;

H. Plants or removes any trees, shrubs or growing thing within a right-of-way;

I. Uses the right-of-way in any manner for purposes of seismological exploration;

J. Conducts land-surveying operations or makes traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway;

K. Causes or permits water (other than water from natural sources) to flow onto or upon any street or road wherein the water is contained within the improved section by curbs or berms. (Ord. 1506 § 1 (part), 1996)

13.56.060 Permit – Exception.

A permit shall not be required pursuant to this chapter for a permanent encroachment for a building, fence, wall, sign or structure, but shall be subject to an encroachment permit pursuant to Chapter 18.50 of the Gardena Municipal Code. (Ord. 1506 § 1 (part), 1996)

13.56.070 Permit – Denial when.

The engineer may refuse to issue a permit under the following conditions:

A. When he finds that it is not in the best interest of the general public to do so;

B. When he finds that it will be detrimental to the public health, safety or welfare;

C. When the permit is for excavation in newly renovated (capped, overlaid or sealed) streets for three years after completion of street renovation. Public agencies and public utilities shall determine alternate methods of making necessary repairs. Exceptions to the above are:

1. Emergencies which endanger life or property,

2. Interruption of essential utility service,

3. When repairs must be made by a public agency or public utility to failed pipelines and conduits or when a new connection which could not have been anticipated must be made,

4. Work that is mandated by city, state or federal legislation,

5. Service for buildings or areas where no other reasonable means of providing services exists,

6. Where boring is not feasible due to technical engineering reasons, or

7. Any other situation in which the engineer has deemed excavation to be in the best interest of the general public. (Ord. 1506 § 1 (part), 1996)

13.56.080 Permit – Cancellation.

A. A permit may be canceled by the engineer for any of the following reasons:

1. When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

2. By failure on the part of the permittee to comply with all of the requirements of the permit;

3. By failure on the part of the permittee to provide for public safety;

4. For cause as may be determined by the engineer for public health and safety reasons.

B. Action taken under this section shall not constitute a bar to criminal proceedings provided for in this chapter. (Ord. 1506 § 1 (part), 1996)

13.56.090 Application in writing.

Application for a permit shall be made in writing to the department, on the forms provided by the department. (Ord. 1506 § 1 (part), 1996)

13.56.100 Application requirements.

An applicant for a permit shall state in the application his name and address, such other information as is required by this chapter and such other information as the engineer may require. (Ord. 1506 § 1 (part), 1996)

13.56.110 Save harmless agreement.

The applicant or his agent shall sign a statement that the applicant agrees to defend, indemnify and hold harmless the city, its officers, agents and employees from any claim, demand, damage, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person, damage to property arising out of the encroachment, or any activities taken pursuant to the encroachment permit. (Ord. 1506 § 1 (part), 1996)

13.56.120 Changes in application.

The engineer may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, and for the safety of persons using such highways, as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and, as to other permits issued pursuant to the provisions of this chapter. (Ord. 1506 § 1 (part), 1996)

13.56.130 Exhibits.

When required by the engineer, the applicant shall attach to or enclose with the application four copies of a map, plat, sketch, diagram or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate or identify the proposed encroachment. (Ord. 1506 § 1 (part), 1996)

13.56.140 Additional requirements.

The engineer may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic control plans, hours of work, flagmen, lights, inspection and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The engineer may add these requirements and conditions by attachments to the permit and they shall be an integral part thereof. (Ord. 1506 § 1 (part), 1996)

13.56.150 Permittee bound by all terms.

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter. (Ord. 1506 § 1 (part), 1996)

13.56.160 Permit – Expiration.

Permits shall remain in effect from the date of issuance until the completion of the work provided that work is commenced within sixty days from the date of issuance and the work is diligently prosecuted to completion. If the work is not commenced within this time period or diligently prosecuted, the engineer may revoke the permit. (Ord. 1506 § 1 (part), 1996)

13.56.170 Blanket permits.

Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, public utility or metropolitan water district subject to the compliance with all applicable provisions of this chapter. The engineer may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the engineer and for paying for inspection, repairs and other costs incurred by the department due to the permittee’s activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width. No road shall be closed when performing work under a blanket permit. Two-way traffic shall be maintained at all times. (Ord. 1506 § 1 (part), 1996)

13.56.180 Permits nontransferable.

Permits issued under the authority of this chapter are nontransferable. (Ord. 1506 § 1 (part), 1996)

13.56.190 Work performed with or without permit.

Whenever this chapter requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter whether such person obtains such permit or not. (Ord. 1506 § 1 (part), 1996)

13.56.200 Work without required permit unlawful.

Any person who commences any work for which a permit is required by this chapter without first having obtained a permit therefor, shall stop work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him in violation of this chapter and subject to all penalties thereof. (Ord. 1506 § 1 (part), 1996)

13.56.210 Removal of nonpermitted encroachments.

A. Ownership/Control of Encroachment Unascertainable. The city may remove and dispose of any encroachment placed in the highway without a permit for which ownership cannot be reasonably identified. Prior to disposal, the city shall store the encroachment for thirty days.

B. Ownership/Control of Encroachment Ascertainable.

1. If ownership or control of the unpermitted encroachment can be reasonably identified, the city shall notify the owner or individual in control that the encroachment is in violation of this chapter and that application must be made for an encroachment permit.

2. If no application is made for the encroachment permit within three working days after notification, or if such application is denied, the city may remove the encroachment.

3. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the engineer or his designee, the city may order that the encroachment be immediately removed. If such order is made and the encroachment is not moved by the end of the next working day, the city may remove the encroachment. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the engineer or his designee, and the city is not able to contact the owner, the city may immediately remove the encroachment without notification.

4. Upon removal of the encroachment, the city shall supply written notification to the owner or individual in control that the encroachment will be disposed of at the end of thirty days if it is not claimed by the owner.

C. Return of Encroachment. No encroachment shall be returned to the owner or individual in control unless and until a fee is paid to the city in an amount equal to the cost of removal and storage of the encroachment. (Ord. 1506 § 1 (part), 1996)

13.56.220 Permit availability and display.

The permittee shall make the permit available for inspection by the engineer or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway. (Ord. 1506 § 1 (part), 1996)

13.56.230 Subsequent owners bound.

All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (Ord. 1506 § 1 (part), 1996)

III. Encroachment Permits – General Requirements

13.56.239S A Safety, Inspection and Liability

13.56.240 Safety devices, lights and barricades.

In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices including, but not limited to, lights, barricades, signs, flagmen and watchmen, as are necessary to protect the public and as ordered by the engineer or his representative. Any omission on the part of the engineer to specify in the permit what safety devices shall be provided by or preventive action required of the permittee shall not excuse the permittee from complying with all laws, regulations and ordinances relating to the protection of persons or property under the circumstances. If the engineer finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee in accordance with the schedule of charges as adopted by the city council. (Ord. 1506 § 1 (part), 1996)

13.56.250 Safety device standards.

All safety devices, including warning lights, shall conform to the requirements of the manual of Traffic Controls for Construction and Maintenance Work Zones issued by the Department of Transportation of the state and of the California Vehicle Code, so far as such manual and codes are applicable. (Ord. 1506 § 1 (part), 1996)

13.56.260 Inspector on job.

If, in the judgment of the engineer, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the engineer shall assign an inspector and the permittee shall pay the city in accordance with the schedule of charges as adopted by resolution of the city council. (Ord. 1506 § 1 (part), 1996)

13.56.270 Inspection not to be obstructed.

A person shall not obstruct the engineer or his representative, in making any inspection authorized by this chapter or in taking any sample or in making any test. (Ord. 1506 § 1 (part), 1996)

13.56.280 Permittee liability.

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to move his facility without cost. (Ord. 1506 § 1 (part), 1996)

13.56.290 Protection and repair of facilities and adjoining property.

The permittee shall support and protect all structures, wires, cables, pipes, conduits, poles and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of the wires, cables, pipes, conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee. (Ord. 1506 § 1 (part), 1996)

13.56.300 Aids to visibility.

When the location or position of an encroachment impairs visibility to vehicular traffic, the engineer may require that the encroachment be equipped with reflectors, lights or other aids to visibility, or the engineer may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic. (Ord. 1506 § 1 (part), 1996)

13.56.310 Liability insurance.

A. When the permittee is a contractor, the permittee shall maintain adequate public liability insurance, including motor vehicle insurance if needed, to protect him from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations be by himself or by any agent or by anyone directly or indirectly employed by him or his agent. The city shall be named as an additional insured under a state or political subdivision permit endorsement and the policy shall be issued by a company authorized to do business in the state. The amount shall be as prescribed by city council resolution. In the absence of such a resolution, the minimum liability shall be five hundred thousand dollars. Certificates of insurance and endorsements shall be filed with the engineer.

B. When the permittee is a homeowner, the permittee shall provide the city engineer with a copy of the homeowner’s insurance policy.

C. This section shall not apply to any work done by utility companies by their employees. However, if a utility company uses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with subsection A of this section, or the utility company must provide evidence that its own insurance policy covers the contractor. (Ord. 1775 § 1, 2017; Ord. 1506 § 1 (part), 1996)

13.56.319S B Performance of Work

13.56.320 Clearance for emergency facilities.

All work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, and any other emergency facilities designated by the engineer. (Ord. 1506 § 1 (part), 1996)

13.56.330 Work in accordance with plans.

All work shall be performed in accordance with the Standard Specifications for Public Works Construction including revisions or according to the plans and specifications referred to in the permit and, in addition, to any special requirements or specifications which are made a part of the permit. In case of conflict between two specifications, the stricter specification shall apply. (Ord. 1506 § 1 (part), 1996)

13.56.340 Prompt completion of work/notice.

A. After work is commenced, the permittee shall prosecute with diligence all work covered by the permit. The permittee shall promptly complete such work and restore the site to satisfactory condition so as not to obstruct the public place or travel more than is reasonably necessary.

B. If the work is not completed in a reasonable and diligent manner the department shall notify the permittee to complete the same within a specified period of time. If the work is not completed within that time the department shall have full power to do the work or may contract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the permittee. If the permittee has no deposit or other security, the city may bill the permittee directly for work performed. (Ord. 1506 § 1 (part), 1996)

13.56.350 Noise, dust and debris.

Each permittee shall conduct and carry out encroachment work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly debris. (Ord. 1506 § 1 (part), 1996)

13.56.360 Changes.

No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except on authorization by the engineer. (Ord. 1506 § 1 (part), 1996)

13.56.370 Restoration of right-of-way.

Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way, including any structure thereon, by replacing, repairing or rebuilding in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials and debris upon the right-of-way, and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the engineer. In the event that the permittee fails to act promptly to restore the right-of-way as provided in this section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the engineer may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council. (Ord. 1506 § 1 (part), 1996)

13.56.380 Base and pavement thickness.

Unless otherwise determined by the engineer, where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than three inches; the base course removed shall be replaced to the same thickness as that of the surrounding base course. Paving shall be completed to finish grade in one paving operation. (Ord. 1506 § 1 (part), 1996)

13.56.390 Equivalent section.

When the structural section removed varies from or exceeds the average existing section, the engineer may elect to require the replacement of an equivalent section which would meet the average structural section requirements. (Ord. 1506 § 1 (part), 1996)

13.56.400 Compliance required.

All persons shall obey and comply with every order, decision, direction or rule made or presented by the engineer in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees; except in the case of a public utility regulated by the public utilities commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the public utilities commission applicable to such public utility. (Ord. 1506 § 1 (part), 1996)

13.56.410 Encroachment removal – Generally.

The city may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to the public health, safety or welfare. Removal and relocation of encroachments under this section shall be in accordance with the procedure and penalties provided in Sections 1481 through 1485 of the California Streets and Highways Code. (Ord. 1506 § 1 (part), 1996)

13.56.420 Encroachment removal without replacement.

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its pre-existing condition or better, unless the engineer permits otherwise. (Ord. 1506 § 1 (part), 1996)

13.56.430 Road closure or interference with highway use.

All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel for the general public or unreasonably interfere with or cause inconvenience to the occupants of adjoining property. At no time shall a public highway be temporarily closed or the use thereof be denied to the general public, except by permission of the traffic authority. (Ord. 1506 § 1 (part), 1996)

13.56.440 Records of installations.

Every person owning, using, controlling or having an interest in any pipe, conduit, duct, tunnel or other such similar structure under the surface of any right-of-way for supplying or conveying natural gas, electricity, communication facilities, water or petroleum products or for any other purpose, shall file in the office of the engineer within sixty days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one inch to two hundred feet showing the complete installation of all such substructures. The same is required showing location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this section. (Ord. 1506 § 1 (part), 1996)

13.56.450 Notice before commencing work.

Before commencing any encroachment work authorized by any permit the permittee shall notify Underground Services Alert (“USA”) and the engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work. (Ord. 1506 § 1 (part), 1996)

13.56.460 Tree and structure relocation.

The engineer may require the permittee to make proper arrangements for, and bear the cost of the relocation of any structure, publicly owned facility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The engineer may elect to do the necessary relocation at the permittee’s expense. (Ord. 1506 § 1 (part), 1996)

13.56.470 Relocation where right-of-way improved.

If any city highway improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense, except as provided by state statute. When relocation is required, the engineer shall give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the engineer and a reasonable time within which the encroachment must be relocated or removed. If the permittee fails to comply with such instructions, the city may relocate the encroachment at the expense of the permittee in accordance with the schedule of charges as adopted by the city council. In determining what is a reasonable time under this section the engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of it removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this section apply to all permittees, including public agencies and public utilities having authority to occupy city rights-of-way pursuant to a franchise or an express provision of the California Code. However, this section shall not apply to the public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway. (Ord. 1506 § 1 (part), 1996)

13.56.480 Encroachments not a hazard.

The engineer may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind. (Ord. 1506 § 1 (part), 1996)

13.56.490 Defects appearing after completion.

A. If pavement placed under an encroachment permit should become depressed or broken at any time after the work has been performed for any reason other than natural wear of the surface or improper work of another permittee, the permittee for whom the work was performed shall immediately proceed to repair and restore the pavement upon written notice from the engineer. The repair and restoration shall be to the satisfaction of the engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of the engineer as provided for in this chapter shall not excuse the permittee from its duty and obligation imposed by this section.

B. When the work was done pursuant to Section 13.56.040 (Exception), the written notice shall be sent to the person or firm who actually opened the highway and it shall be the responsibility of such person or firm to make the repair and restoration.

C. In case the pavement is not completely restored within thirty days after such notice has been given, the public works department shall do the work or have the work done at the expense of the delinquent person, firm or permittee. (Ord. 1506 § 1 (part), 1996)

13.56.499S C Fees and Costs

13.56.500 Permit and plan checking fees.

All applicants, except as otherwise provided in this chapter, shall pay both a permit fee and a plan checking fee in amounts established by resolution of the city council as well as all other costs for the work. Both the permit and plan checking fees shall be based on the cost to the city of providing the services. (Ord. 1506 § 1 (part), 1996)

13.56.510 Exemptions and waivers of fees.

The following shall be exempt from paying all fees:

A. The engineer may grant a permit without a permit fee if he finds that the work to be done has been requested by the city in connection with proposed public works.

B. If the engineer determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he may in specific instances waive all fees and deposits.

C. In cases where the fee is waived, the permittee shall be liable for the actual cost of any work required to be done by the department in restoring the highway to be in as good a condition as before any such work was commenced. Furthermore, the engineer may, in the future, require such deposit from any such permittee if a bill rendered in accordance with this chapter becomes delinquent. (Ord. 1747 § 1, 2013: Ord. 1506 § 1 (part), 1996)

13.56.520 Work without a permit.

Where work for which a permit is required by this chapter is started or proceeded with, prior to obtaining the permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed in this chapter. (Ord. 1506 § 1 (part), 1996)

13.56.530 Permittee to pay for all costs.

The permittee is liable for and shall pay for all the department’s costs related to the permit, including, but not restricted to, the following:

A. The permit fee if that has not otherwise been paid;

B. Engineering, which includes design, inspection, survey and tests;

C. The cost of any inspection, transportation or tests made;

D. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee’s activities;

E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

F. The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the installation and/or removal of temporary and/or permanent traffic stripes and any other expense for traffic control;

G. The cost of removing or remedying any hazardous condition;

H. The cost of tree-trimming;

I. Any other cost to the city caused by the permittee’s activity. (Ord. 1506 § 1 (part), 1996)

13.56.540 Costs to be actual costs.

Whenever in the provisions of this chapter, any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including overhead and depreciation in accordance with current practice in charging for work performed for the public and as defined in the encroachment permit fee resolution as adopted by the city council. (Ord. 1506 § 1 (part), 1996)

13.56.550 Deposit required.

Unless exempted from this section by law or by the engineer, each applicant shall, before obtaining a permit, deposit with the department a cash deposit, consisting of cash or a certified or cashier’s check in a sum to be fixed by the engineer as sufficient to reimburse the city in accordance with the schedule of charges as established by the engineer for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all conditions of the permit. Where the size and nature of the project warrant, the engineer may require the additional deposit to indemnify and reimburse the city for work done by or for the city in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by or arising out of the doing of any work under any permit issued to the permittee. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a deposit in accordance with this section. (Ord. 1506 § 1 (part), 1996)

13.56.560 Cash deposit – General or special.

A cash deposit may be in the form of a special deposit to be maintained as security for a specific permit issued to the applicant or may be in the form of a general deposit to be maintained as a security for all the permits issued to an applicant. If an applicant maintains a general cash deposit it shall be with the understanding that he will pay all bills sent him by the engineer for work described in this chapter. The amount of the general deposit shall be sufficient to cover all costs connected with the permit. An applicant making a general deposit need not make a special deposit. (Ord. 1506 § 1 (part), 1996)

13.56.570 Deposit of bonds and insurance.

In lieu of a cash deposit the engineer may accept from an applicant other types of security as specified in sections 13.56.590 and 13.56.600. (Ord. 1506 § 1 (part), 1996)

13.56.580 Return of deposit.

Any deposit required by the engineer pursuant to this chapter shall be payable to the city and filed or deposited with the engineer. Deposits returned are to be less any costs authorized to be deducted pursuant to this chapter. Thirty days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the engineer will release the deposit upon application of the permittee. (Ord. 1506 § 1 (part), 1996)

13.56.590 Surety bond.

The engineer may accept a surety bond in an amount determined by him to be necessary, but not less than five hundred dollars, on a form supplied by the department and executed by a corporation authorized to engage in surety undertakings in the state. It shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the surety bond. This section shall not apply to any work done by utility companies by their own employees. However, if a utility company uses an outside contractor to perform any work, the contractor or the utility company must file a surety bond in accordance with this section. (Ord. 1506 § 1 (part), 1996)

13.56.600 Certificate of deposit.

The engineer may accept a certificate of deposit or pass books made payable to order of the city in lieu of a surety bond. (Ord. 1506 § 1 (part), 1996)

13.56.610 Additional securities.

The engineer may require any type of security that has, in his opinion, become insufficient for protection of the public interest, to be increased to such an amount as he has determined will be sufficient to protect the public interest. He may require special deposits or other security. (Ord. 1506 § 1 (part), 1996)

13.56.620 Expiration date of security.

No bond, insurance certificate, certificate of deposit, savings and loan share assignment or other form of indemnification is acceptable which bears an expiration date not determined by the city. (Ord. 1506 § 1 (part), 1996)

13.56.630 Costs to be deducted.

If, within thirty days after a bill has been sent, the permittee does not pay the same in full, such amount may be deducted from his deposit, or the engineer may recover the amount due from any security the permittee has filed. When amounts are deducted from a general deposit, the permittee must restore the deposit to its original amount within fifteen days. If the deposit or security is insufficient to pay the amount due, the city may enforce collection by legal means. (Ord. 1506 § 1 (part), 1996)

13.56.640 Permits not issued if bill unpaid.

The engineer may elect not to issue further permits to the permittee and may hold any deposits, guarantees or bonds of the permittee as long as any bill remains unpaid. (Ord. 1506 § 1 (part), 1996)

13.56.650 Permit fee refunded when.

Permit fees may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee and no inspection requests were made. (Ord. 1506 § 1 (part), 1996)

13.56.660 Plan check fee refunded when.

If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made. (Ord. 1506 § 1 (part), 1996)

IV. Encroachment Permits – Construction Activity

13.56.670 Encroachment permits issued for construction activity.

The provisions of this chapter apply to encroachment permits issued for the laying, constructing, reconstructing or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, sewers, storm drains, culverts, highway light or lighting system, or other appurtenant structures. (Ord. 1506 § 1 (part), 1996)

13.56.680 Plans may be required.

If in the opinion of the engineer the work proposed to be done requires the making of plans and/or the setting of stakes, the engineer may require the application be accompanied by the necessary plans, which shall be prepared by a registered civil engineer. (Ord. 1506 § 1 (part), 1996)

13.56.690 Approved lines and grades for work.

Before a permittee performs any work prescribed in this chapter he shall obtain from the engineer approval of the lines and grades therefor. (Ord. 1506 § 1 (part), 1996)

13.56.700 Certificate of acceptance.

If the engineer by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this chapter, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. (Ord. 1506 § 1 (part), 1996)

V. Encroachment Permits – Excavations and Encroachments

13.56.710 Provisions.

The provisions of this chapter apply to permits for the making or causing to be made, in any highway, of excavations, and for the placing, constructing, repairing, changing or removing of encroachments. (Ord. 1506 § 1 (part), 1996)

13.56.720 Requirements for plat.

Each applicant for an excavation or encroachment permit shall file with the application four copies of the plan showing the highways in which the proposed excavation or encroachment will be placed, together with the exact location of dimensions of the proposed excavation(s) or the specifications and characteristics of the encroachment, together with any other details which the engineer requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repair thereto, the engineer may waive the filing of a plat. Approved plats shall become public record. (Ord. 1506 § 1 (part), 1996)

13.56.730 Maintenance of work area.

All materials excavated from trenching or other encroachment operations in the right-of-way which are suitable for use as backfill shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit proper storage of material, the engineer may require that the permittee remove the material from the encroachment site. All excavated material not suitable for use as backfill shall be removed from public right-of-way. (Ord. 1506 § 1 (part), 1996)

13.56.740 Preservation of survey monuments.

A monument set for the purpose of preserving survey points, lines or elevation shall not be removed or disturbed without first obtaining permission from the engineer. Replacement of a removed or disturbed monument shall be done by a registered civil engineer who is licensed to survey or a licensed land surveyor and shall be at the expense of the permittee. (Ord. 1506 § 1 (part), 1996)

13.56.750 Amount of open trench.

In any trenching operation, the open trench shall not be in excess of one day’s work ahead of the trench work proper, unless specifically authorized by the engineer. (Ord. 1506 § 1 (part), 1996)

13.56.760 Preservation of drainage.

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the engineer. (Ord. 1506 § 1 (part), 1996)

13.56.770 Services to be jacked or bored.

Laterals, utility services and utility conduits shall be jacked, bored or driven beneath a paved surface per city standards, unless other methods are approved by the engineer. (Ord. 1506 § 1 (part), 1996)

13.56.780 Minimum cover.

The minimum cover over any pipe or conduit installed under any public highway shall be thirty inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be thirty inches of material measured from the surface of the nearest outermost edge of the travelled way to the top of the pipe or conduit. The engineer may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided. (Ord. 1506 § 1 (part), 1996)

13.56.790 Repaving by city.

With the permittee’s concurrence or as an emergency measure, the engineer shall have the power to order the paving by city forces of any excavation. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council. (Ord. 1506 § 1 (part), 1996)

13.56.800 Cleanup.

As the work progresses, all highways shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All cleanup operations at the location shall be done on a daily basis and be accomplished at the expense of the permittee. From time to time as may be ordered by the engineer, and in any event immediately after completion of the work, the permittee shall clean up and remove all material, earth and debris of any kind. If the permittee fails to perform such clean up within twenty-four hours after having been notified to do so by the engineer or his designee, the work may be done by the department and the permittee charged in accordance with the schedule of charges adopted by the city council. When a pole, guy-stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. (Ord. 1506 § 1 (part), 1996)

13.56.810 Backfilling and compaction.

Backfilling and compaction of an excavation shall be in accordance with standards established by the engineer both as to material and method. (Ord. 1506 § 1 (part), 1996)

13.56.820 Agreement to relocate.

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction or tunnel placed in the excavation or the encroachment of which a permit is issued, interferes with the future surface use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the engineer such tank, or pole, pipe, cable, conduit, duct, tunnel or obstruction. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement. Utilities operating under franchises granted by the city shall relocate their facilities in accordance with the terms of such franchise. (Ord. 1506 § 1 (part), 1996)

13.56.830 Cable television lines.

The engineer shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the engineer finds that the remoteness of the area or other conditions render underground installation impractical or infeasible. (Ord. 1506 § 1 (part), 1996)

13.56.840 No interference with others.

The engineer may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits. (Ord. 1506 § 1 (part), 1996)

13.56.850 Emergency excavations.

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe, cable or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation applies for a permit not later than the next business day after such work is commenced. (Ord. 1506 § 1 (part), 1996)