Chapter 12.04 PUBLIC RIGHT-OF-WAY PERMIT

No work shall be performed or caused to be performed, in the public right-of-way without first obtaining from the Director of Public Services or his designee a written public right-of-way permit in accordance with this chapter.

A. Private. In the event that the work is being performed by a developer of private or public property, his agents, employees, contractors, or subcontractors, then the permit shall be obtained by the developer and signed by the contractor.

B. City Contracts. The contractor shall be required to obtain a permit for any work being done in the public right-of-way under contract with the City.

C. Utilities and Franchisees. Work in the public right-of-way by a utility or franchisee requires the permit to be acquired by a designated representative of the utility and/or franchisee. (Ord. 250 § 1, 1988)

12.04.030 Permit application.

Application for a permit shall be made in writing on a form prescribed by the Director of Public Services. The application shall include:

A. The location description and justification for the work and the extent to which it may interfere with the public use of roadway;

B. The duration for which the permit is sought and the date it is requested to be effective;

C. The application must include a schedule specifying the days of the week and the hours of the day for which the permit is sought, and the work to be performed;

D. A copy of a current certificate of insurance in the amount of $1,000,000, worker’s compensation insurance, and appropriate contractor’s license;

E. List of all subcontractors who will be performing work under the permit, and a copy of their contractor’s license;

F. Such other information that the Director of Public Services may require, including but not limited to, construction drawings prepared and signed by a registered Civil Engineer, traffic detour plan, soils report, and any other information deemed necessary to ensure that the proposed work within the public right-of-way is performed per City standards. (Ord. 250 § 1, 1988)

12.04.040 Exceptions for emergency work.

In an emergency, work may be performed until a permit can be acquired on the following working day. In such cases the permittee will be required to notify the City’s law enforcement officials immediately of the location and approximate length of time for the emergency work to be performed. (Ord. 250 § 1, 1988)

12.04.050 Traffic control plan.

Prior to the issuance of a permit, the applicant shall submit to and have a traffic control plan approved as to form and content by the Director of Public Services or his designee. The traffic control plan shall comply with the State of California Manual of Traffic Control for Construction and Maintenance Zones. The traffic control plan shall be subject to review and modification by the Director of Public Services at any time as the public health, safety or convenience may require. (Ord. 250 § 1, 1988)

12.04.060 Issuance of permit.

The Director of Public Services shall approve or conditionally approve or deny applications for a public improvement permit subject to the requirements of this chapter. (Ord. 250 § 1, 1988)

12.04.070 Denial of permit.

The Director of Public Services shall not issue a public right-of-way permit where he finds that the work as proposed will:

A. Irreparably damage private or public property;

B. Unreasonably expose any property or persons to injury;

C. Unreasonably interfere with the orderly movement of traffic;

D. Impair use of the right-of-way for an unreasonable period of time. (Ord. 250 § 1, 1988)

12.04.080 Permittee liable for damages.

Every permit shall contain an agreement signed by the applicant that the City and all officers, agents and employees thereof shall be held harmless by the applicant from any liability or responsibility for any accident, loss to persons or property, occurring in whole or in part as the result of any act or omission of the permittee or his contractors or employees. (Ord. 250 § 1, 1988)

12.04.090 Inspection deposit.

The amount of the inspection deposit will be established by a resolution of the City Council. (Ord. 250 § 1, 1988)

12.04.100 Permit fee.

The permit fee will be established by a resolution of the City Council. (Ord. 250 § 1, 1988)

12.04.110 Permit deposit.

Prior to receiving a public right-of-way permit, the applicant shall be required to deposit cash for the purpose of securing timely completion and/or correction of the work. The amount of the deposit shall be established by resolution of the City Council. The deposit shall be maintained in its full amount at all times during the term of the permit. Failure to maintain the deposit in its full amount following five working days’ written notice for the City to replace funds withdrawn from the deposit shall result in revocation of the permit. The cost of any work performed by the City or its agents, which is necessitated by the applicant’s failure to comply with the conditions of the permit, will be deducted from the applicant’s deposit. The Director of Public Services shall have the right to waive or reduce the permit deposit for City contractors, utilities or franchises. Within 40 days after the acceptance by the City of the work which is the subject of the permit, the deposit shall be refunded to the permittee, less any amount deducted by the City in the form of forfeitures of costs for work performed. (Ord. 250 § 1, 1988)

12.04.120 Revocation of permit.

The Director of Public Services shall revoke a public right-of-way permit by a letter sent either certified mail or hand-delivered to the developer and/or contractor, if any of the following exist:

A. The term of the permit has expired;

B. Work performed in violation of any term or condition of the permit;

C. Work performed creating or resulting in a condition on or near the right-of-way which presents a hazard or danger to the public, or is otherwise not authorized by the permit. (Ord. 250 § 1, 1988)

12.04.130 Extension of permit.

No work in the public right-of-way is to be performed after the completion date specified on the permit, unless an extension of the permit is obtained as provided in this section. At least two working days prior to the expiration of the permit, the developer and his contractor shall submit to the City a written request for a time extension. The request shall specify the reasons for not completing the work by the date specified on the permit, and state the revised completion date. The Director of Public Services is authorize to deny, approve, or revise the conditions of a permit that has been requested for extension. The Director of Public Services may also require the developer’s deposit to be increased as a condition of approval for the time extension, and may specify conditions for the protection of the public health, safety and welfare. (Ord. 250 § 1, 1988)

12.04.140 Suspension of permit.

The Director of Public Services may suspend a permit if the condition in or around the public right-of-way is determined to be a potential danger to the public health, safety or welfare. The suspension notice shall be in the form of a letter sent registered mail or hand-delivered to the developer and/or contractor. (Ord. 250 § 1, 1988)

12.04.150 Presentation of permit.

The public right-of-way permit shall be presented upon demand of any City employee or agent at the site of the work being performed. Failure to comply with this section shall constitute a misdemeanor and may result in the immediate suspension of the permit. The contractor, the contractor’s representative, or superintendent, must be on-site at all times work is being performed. (Ord. 250 § 1, 1988)

12.04.160 Permit violations.

A. Violation of any condition or term of the permit resulting in a hazard or danger to the public shall result in the revocation of the permit.

B. Any person required by this chapter to obtain a public right-of-way permit who works in the public right-of-way without a valid permit or in violation of a permit issued by the City, that is in full force and effect, shall be guilty of a misdemeanor.

C. Any employee of a person required by this chapter to obtain a public right-of-way permit who works in the public right-of-way without a valid permit or in violation of a permit issued by the City, that is in full force and effect, shall be guilty of a misdemeanor.

D. Violation of any condition or term of the permit may, upon revocation of the permit result in forfeiture of the remaining balance of the developer’s permit deposit. (Ord. 250 § 1, 1988)

12.04.170 Hours of operation.

Work in the public right-of-way shall be allowed only on those days of the week and between the hours of the day provided in the permit or as authorized in writing by the Director of Public Services or his/her designee. Work performed before or after these times shall constitute a violation of the permit. No work shall be performed on Saturday or Sunday unless expressly authorized by the terms of the permit as approved. (Ord. 250 § 1, 1988)

12.04.180 Remedies.

Any work performed in the public right-of-way by the permittee or by an employee of the developer, contractor, or subcontractor which is not authorized by the permit or which presents a hazard or danger to the public, shall (1) constitute a misdemeanor on the part of the permittee; (2) constitute a misdemeanor on the individual or individuals performing the work; (3) constitute grounds for any agent of the City to order all work stopped; (4) constitute grounds for the Director of Public Services to direct the permittee or City-retained forces to perform the work necessary to alleviate any and all conditions causing a hazard or danger to the public. In the event that City forces perform such work, the cost thereof plus administrative costs, shall be reimbursed to the City from the developer’s deposit. In the event the deposit has been forfeited or is insufficient to cover the costs of the necessary work, the permit may be revoked. (Ord. 250 § 1, 1988)

12.04.190 Appeal.

Permittee shall have the right to appeal any stop work order, order to perform work, permit suspension, permit revocation, or deposit forfeiture to the City Manager, by providing to the City Manager within three working days of the action taken, permittee’s written notice of appeal. The filing of an appeal shall not affect any stop work order, permit suspension, permit revocation, or deposit forfeiture during the appeal period unless so ordered by the City Manager. (Ord. 250 § 1, 1988)

12.04.200 Designated agents for the City.

Designated agents and employees of the City for purposes of enforcement of this chapter shall include:

A. Law enforcement personnel or law enforcement personnel under contract.

B. Employees or contract employees of the City employed to provide engineering and inspection services.

C. City Manager or Assistant City Manager.

D. City Attorney. (Ord. 250 § 1, 1988)