Chapter 11.06
ENCROACHMENT PERMIT
11.06.020 Application for permit.
11.06.030 Plans and profiles provided.
11.06.050 Conditions of permit.
11.06.060 Time limit for permit.
11.06.070 Permit—Extension of completion date.
11.06.090 Revocation of permit.
11.06.100 Unexpired permit required.
11.06.010 Permit required.
It shall be unlawful for any person other than the city to place, erect, or maintain any sign, advertisement, pipeline, power line, messenger carrier, conduit, or conveyer across, over, under, or above any street or alley in the city or to place, erect, or maintain any structure including curbs, gutters, sidewalks, driveways, paving, valley gutters, or sidewalk fronting strips in any street in the city or to make any excavation in any street in the city without first obtaining a permit therefor as herein provided. Any permit issued hereunder shall not be assigned to any other person. (Ord. 969 § 2 (part), 1982).
11.06.020 Application for permit.
Application for a permit shall be made in writing upon forms furnished by the city and shall be made to the public works director who shall issue such permit as herein provided, except that any such permit which is to be issued in conjunction with a building permit shall be applied for at the same time that the building permit is applied for and shall be issued by the building official subject to all other requirements of this chapter and prior to or concurrently with the issuance of the building permit. Fees for such permits shall be established by resolution. (Ord. 969 § 2 (part), 1982).
11.06.030 Plans and profiles provided.
When requested to do so by the city, applicants shall furnish plans and profiles in duplicate showing the work to be done, location, limits of the work, location of pavement, replacement type, and such other information as the city may require. (Ord. 969 § 2 (part), 1982).
11.06.040 Time of issuance.
Permits required by this chapter shall be secured at least forty-eight hours prior to the time work under such permits is proposed to commence except in emergency cases as approved by the public works director. (Ord. 969 § 2 (part), 1982).
11.06.050 Conditions of permit.
The validity of any permit issued shall be subject to 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 or by the standard drawings and specifications. The issuance of a permit does not guarantee to permittee the exclusive use of any surface area occupied by permittee. (Ord. 969 § 2 (part), 1982).
11.06.060 Time limit for permit.
The permit shall expire thirty calendar days after date of issuance if no work has been commenced on the project or thirty calendar days lapse in progress in the project or, if work is pursued diligently, or at time of completion and acceptance of work by city, but no longer than one hundred eighty days from date of issuance except as provided in Section 11.06.070; provided, that in cases where surveying is not required the permit shall expire thirty calendar days after the permit is issued, and further provided that permits issued in conjunction with a building permit shall expire at the same time that the building permit expires. (Ord. 969 § 2 (part), 1982).
11.06.070 Permit—Extension of completion date.
Every permit issued pursuant to this chapter shall specify a completion date for the work. The public works director may, for good cause, grant a written extension of time to permittee, which grant shall extend the validity of said permit to said extended time. (Ord. 969 § 2 (part), 1982).
11.06.080 Denial of permit.
The public works director shall have the right to refuse a permit to any person who is in violation of this chapter or who 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. (Ord. 969 § 2 (part), 1982).
11.06.090 Revocation of permit.
The public works director may, for noncompliance with any of the provisions of this chapter, revoke any permit granted hereby. (Ord. 969 § 2 (part), 1982).
11.06.100 Unexpired permit required.
Should a permit expire and construction not be completed, the work shall be discontinued until another permit has been obtained and the security amended or obtained to guarantee performance under the new permit. (Ord. 969 § 2 (part), 1982).
11.06.110 Content of permit.
The permit shall specify the following information:
(1) The name and address of the owner;
(2) The name and address of the applicant;
(3) The name, address and telephone number of the person or contractor who will perform the work;
(4) The location of the property in front of which the proposed construction is to be performed;
(5) The nature, costs, and dimensions of the proposed work;
(6) The required right-of-way dedication, if any;
(7) The estimated commencement date and time schedule and such additional information as the city may require; and
(8) The completion date of work. (Ord. 969 § 2 (part), 1982).
11.06.120 Responsibility.
The property owner shall be held responsible for the actions of all parties representing him. A party other than the property owner may assume all or a portion of the responsibilities assigned to the property owner by indicating his willingness to do so and the responsibility assumed in the space provided on the permit. (Ord. 969 § 2 (part), 1982).
11.06.130 Variances/appeal.
(a) The permittee or applicant for a permit may appeal the provisions of this chapter to the city council; provided, that no variance or exception to the improvements required by this chapter shall be granted except for cases of extreme hardship not arising as a result of an act or omission of appellant or his agent or employee.
(b) Appeals shall be made in writing within ten days of the date of the decision from which the appeal is made. Such appeal must be accompanied by a fee in an amount established by resolution. No part of such fee shall be refundable to the applicant. (Ord. 1017 § 4, 1984: Ord. 969 § 2 (part), 1982).