HomeMy WebLinkAboutOrdinance 332 CERTIFICATION
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 332 adopted
by the Atascadero City Council at a regular meeting thereof held on August 12,
1997 and that it has been duly published pursuant to State Law.
DATED:
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING
CHAPTER 15 TO TITLE 7 OF THE MUNICIPAL CODE PERTAINING TO
ENCROACHMENT PERMITS
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND
AND ORDAIN AS FOLLOWS:
I. FINDINGS. The City Council of the City of Atascadero, California does hereby find,
determine and declare that:
A. The intrusion of landscaping, obstructions, towers, poles, pole lines, pipes,
fences, wires, cables, conduits, stands and buildings, mailboxes, entry
monuments, and other structures and objects not specifically mentioned in this
Section A, on, in, along, under, over or across a Public Place, Right of Way or
Street (as the foregoing are hereinafter defined), including without limitations
excavations on, in, along, under, over or across said Public Place, Right of Way
or Street (collectively, hereinafter referred to as an "Encroachment") without
proper design and regulation poses a threat to the health, safety and general
welfare of the public in the City of Atascadero.
B. Regulation of design, permitted work and the issuance of a permit by the City
for an Encroachment will protect the public from threats to its health, safety and
general welfare through the control and extent of such Encroachments.
C. Because regulation of Encroachments will add a burden to the City in that it will
require staff time for review and consideration of applications for permits for
Encroachments, inspections and code enforcement, the imposition of a fee
which represents the reasonable cost to the City for a issuance of an
Encroachment Permit is necessary.
II. ADOPTION OF CHAPTER 15 OF TITLE 7 OF THE MUNICIPAL CODE.
A. The City Council of the City of Atascadero does hereby ordain that Chapter 15
shall be added to Title 7 of the Municipal Code as follows:
1
TITLE 7
CHAPTER 15. ENCROACHMENT PERMITS
7-15.001 GENERAL PROVISIONS AND DEFINITIONS
7-15.001.1 Title and scope.
7-15.001.2 Definitions.
7-15.001.3 Applicability.
7-15.001.4 Exception.
7-15.001.5 Masculine to include the feminine.
7-15-001.6 Ordinance creating authority.
7-15.002EP RMITS
7-15.002.1 Permit required.
7-15.002.2 Permit application.
7-15.002.3 Permit denial limitations and conditions.
7-15.002.4 Permit cancellation.
7-15.002.5 Standard conditions.
7-15.003 GENERAL REQUIREMENTS - SAFETY. INSPECTION AND LIABILITY
7-15.003.1 Safety devices, lights and barricades.
7-15.003.2 Warning lights.
7-15.003.3 Safety device standards.
7-15.003.4 Inspections as required by permit.
7-15.003.5 Inspector on job.
7-15.003.6 Inspection not to be obstructed.
7-15.003.7 Permittee liability.
7-15.003.8 Protection and repair of facilities and adjoining property.
7-15.003.9 Interference with utility.
7-15.003.10 Aids to visibility.
7-15.003.11 Liability insurance.
7-15.004 REQUIREMENTS - PERFORMANCE OF WORK
7-15.004.1 Proof of right to use street.
7-15.004.2 Design to accommodate drainage required by City.
7-15.004.3 Work specifications.
7-15.004.4 Work in accordance with plans.
7-15.004.5 Prompt completion of work/notice.
7-15.004.6 Noise, dust and debris.
2
7-15.004.7 Changes.
7-15.004.8 Restoration of right-of-way.
7-15.004.9 Base and pavement thickness.
7-15.004.10 Seal or slurry.
7-15.004.11 Encroachment removal without replacement. _
7-15.004.12 Road closure or interference with street use.
7-15.004.14 Records of installations.
7-15.004.15 Notice before commencing work.
7-15.004.16 Relocation of facilities.
7-15.004.17 Relocation where right-of-way improved.
7-15.004.18 Encroachment not a hazard.
7-15.004.19 Defective work and defects appearing after completion.
7-15.005 FEES AND COSTS
7-15.005.1 Issuance fee and other costs.
7-15.005.2 Deposit of fees.
7-15.005.3 Exemptions and waivers of fees.
7-15.005.4 Permit copy fee.
7-15.005.5 Charges for curbs, walks or surfaces.
7-15.005.6 Schedule of fees.
7-15.005.7 Permittee to pay for all costs.
7-15.005.8 Costs to be actual costs.
7-15.005.9 No fee when inspected by governmental agency.
7-15.005.10 Engineer inspection.
7-15.005.11 Deposit required.
7-15.005.12 Cash Deposit-General or special.
7-15.005.13 Return of deposit.
7-15.005.14 Certificate of deposit.
7-15.005.15 Additional Securities.
7-15.005.16 Acceptance of negotiable paper.
7-15.005.17 Expiration date of security.
7-15.005.18 Deposit-General.
7-15.005.19 Deposit-Specific.
7-15.005.20 Monthly billing of issuance fee.
7-15.005.21 Permits not issued if bill unpaid.
7-15.005.22 Issuance fee refunded.
7-15.005.23 Inspection fee refunded.
7-15.005.24 Plan check fee refunded.
3
7-15.006 CONSTRUCTION PERMITS
7-15.006.1 Provisions for construction permits.
7-15.006.2 Plans may be required.
7-15.006.3 Approved lines and grades for work.
7-15.006.4 Driveways.
7-15.006.5 When a driveway not to be constructed.
7-15.006.6 Width of driveways.
7-15.006.7 Distance between driveways.
7-15.006.8 Driveway deviations.
7-15.006.9 Certificate of acceptance.
7-15.006.10 Offers of dedication and lighting.
7-15.006.11 Investigation of lighting.
7-15.006.12 Additional stakes.
7-15.007 ADDITIONAL REQUIREMENTS
7-15.007.1 Cleanup.
7-15.007.2 Agreement to relocate.
7-15.008 LANDSCAPING
7-15.008.1 Requirements for planting.
7-15.008.2 Denial of planting permit.
7-15.008.3 Sight distance.
7-15.008.4 Plantings neat and orderly.
7-15.009 APPEAL AND VIOLATION
7-15.009.1 Provision for appeal.
7-15.009.2 Time of hearing.
7-15.009.3 City council action.
7-15.009.4 Violation.
7-15.010 PENALTIES
4
TITLE 7 - Public Works
CHAPTER 15 - ENCROACHMENT ON PUBLIC PROPERTY
7-15.001 GENERAL PROVISIONS AND DEFINITIONS.
7-15.001.1 Title and scope.
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 State of California Code sections
concerning encroachments on city streets. In the event of conflicting provisions between this
Chapter, the Municipal Code of the City and the State of California Codes, the most restrictive
shall prevail.
7-15.001.2 Definitions.
The following words and phrases shall hereinafter apply in this Chapter. Any identified term
used in any definition or generally in this Chapter shall have the meaning hereinafter
described for that term:
A. "Actual cost means the amount required to be paid to the City or any agent of the City
for work done by the City or its agent to correct, amend, re-do, or perform work on
behalf of a Permittee by the City or its agent and shall include all administrative,
construction, equipment, materials, interest, appreciation and/or depreciation, labor
or other costs incurred by the City or its agent in performing such work.
B. "Applicant" means any Person, firm, partnership, association, corporation, company,
entity or organization of any kind who proposes to encroach upon a Public Place, Right
of Way, Street, or private property if governed by this Chapter, and who has applied
for a Permit for the proposed Encroachment pursuant to the provisions of this Chapter.
C. "Base course" means that portion of the paved structural section located between the
Pavement and the Native Soil.
D. "Blanket Permit" means any Permit issued to a public agency, public utility, or state
water agency which covers all Encroachments made by such entity in the City.
E. "City" means the City of Atascadero.
F. "City Council" means the City Council of the City of Atascadero.
G. "Code" means the Municipal Code of the City unless otherwise defined in the text
where it is used.
5
H. "Department" means the Department of Public Works of the City.
I. "Driveway" means that point of vehicular ingress or egress to private property where
it meets the prescribed or legal Public Right of Way and shall include, but not be
limited to, that portion of the said Right of Way between the private property line and
curb, or between the private property line and the Right of Way Pavement if no curb
exists.
J. "Encroachment" means and includes any landscaping, obstruction, tower, pole, pole
line, pipe, fence, wire, cable, conduit, stand or building, mailbox, entry monument,
or any structure or object of any kind or character not particularly mentioned in this
Chapter which is placed on, in, along, under, over or across a Public Place, Right of
Way or Street, including any excavation on, in, along, under, over or across said Public
Place, Right of Way or Street. This subsection does not apply to the temporary use of
a Street for ordinary maintenance of any existing authorized. or permitted
Encroachment; nor to the suspension or stringing on existing pole line of additional
cables, wires, transmission lines, conduits or service connections solely for temporary
telephone or electric power purposes.
K. "Encroachment Work" means the work of constructing, placing or installing an
Encroachment.
L. "Engineer" means the Director of Public Works and/or the City Engineer of the City, or
the designee of either or both.
M. "Excavation" means any opening in the surface of a Public Place, Right of Way or
Street made in any manner whatsoever, except an opening into a lawful structure
below the surface of a Public Place, Right of Way or Street 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, Right of Way or Street. The term shall also
include any excavation on private property which removes or imperils the lateral
support of a Public Place, Right of Way or Street.
N. "Height' means that dimension measured in a vertical line from the level surface upon
which an object stands to the highest protrusion of the object measured.
O. "Landscaping' as used herein means any ornamental vegetation which will have no
greater height than three (3) feet at maturity.
P. "Native soil" means material in its natural state.
6
Q. "Newly Renovated Street" shall mean any Street which has been capped, overlaid, or
sealed within the three (3) years immediately preceding the application for a Permit to
Encroach.
R. "Overhead Structures" means any improvement, other than franchise utility poles and
their facilities, extending over a Public Place, Right of Way or Street, including
canopies but excluding such projections from buildings as are so excepted and
enumerated in the Uniform Building Code or other codes which may have been or
may be adopted by the City.
S. "Pavement" means the surfaced portion of a Right of Way or Street structural section
which is composed of various size aggregates mixed with Portland cement and/or
asphaltic compounds.
T. "Permittee" means any Applicant to whom a Permit for an Encroachment is granted by
the City.
U. "Persons" means any individual, corporation, association, public or quasi-public
agency and other legal entities.
V. "Public" means all Persons as defined by this Chapter other than the City and includes
the United States and the State of California.
W. "Public Place" means any facility, Street, structure, Right of Way, Colony Road or other
improvement owned and/or maintained by the City and used by the Public.
X. "Right of Way" means any Colony Road, or 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 Public and shall include, but not
be limited to, slopes, walls, other roadway supports, roads, street systems, private or
paper roads, and all other thoroughfares open to the Public. For purposes of this
Ordinance a "paper road" shall mean a road or Colony Road which is unbuilt or
partially unbuilt.
Y. "Section" means a section of this code unless some other ordinance or statute is
expressly cited.
Z. "State" means the State of California.
7
AA. "Street" means any highway street, way, sidewalk or other Public Place in the
incorporated territory of the City, either owned by the City, used by the Public pursuant
to prescriptive rights, or dedicated to the Public for the purpose of travel by vehicles
or pedestrians including Colony Roads. "Street" 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 Street purposes.
BB. "Vehicle" means a vehicle or combination of vehicles as described in the California
Vehicle Code.
CC. "Vehicle Code" means the California Vehicle Code in effect at the time of issuance of
the Permit.
DD. "Width" means that distance across a Public Place, Right of Way, Colony Road or
Street measured at a right angle from one side of the Public Place, Right of Way or
Street to the other side.
EE. "Colony Road" means all roads, streets, boulevards and lanes shown on the Map of the
Atascadero Colony recorded with the San Luis Obispo County Recorder, Book 3AC.
7-15.001.3 Applicability.
Unless the provisions or the context otherwise require, the general provisions, rules of
construction, and definitions contained herein shall govern the construction of this Chapter.
7-15.001.4 Exception.
This Chapter shall not apply to:
A. Any officer, agent or employee of the City. Work performed by any person under
contract with, or at the request of, the City is exempt from the fee and security
requirements of this Chapter.
B. Any governmental or quasi-governmental agency during an emergency, when such
officer, agent, employee of such governmental or quasi-governmental agency is acting
in the discharge of official duties.
C. Any officer or employee of the Atascadero Mutual Water Company acting in the
discharge of their designated duties. Outside contractors performing work for the
Atascadero Mutual Water Company shall not be exempt from the requirements of this
Chapter.
8
7-15.001.5 Masculine to include the feminine.
Any time the masculine "he", "him" or "his" are used they are deemed to include the feminine
"She" or "her" or "hers" respectively.
7-15.001.6 Ordinance creating authority.
Except as otherwise noted, the rules and regulations in this Chapter 15 shall be those
established by Ordinance No. 332, adopted on July 22, 1997.
7-15.002. PERMITS
7-15.002.1 Permit required.
Every Person except as otherwise provided in this Chapter shall obtain an Encroachment
Permit from the Engineer before he or she:
A. Places, makes, or causes to be made, changes or renews an Encroachment or an
Excavation; provided, however, that an owner, Lessee or person in control of private
property under active agricultural use and immediately abutting the Right of Way may,
without obtaining a permit, use the untraveled portion of the Right of Way abutting
such private property for the growing and maintenance of agricultural crops and the
burning of weeds so long as such use does not interfere with vehicular or pedestrian
traffic or drainage of the Right of Way. Encroachments or Excavation for which Permits
are not required pursuant to this Chapter are subject to removal under the procedure
and penalties provided in Sections 1481 through 1485 of the Streets and Highways
Code;
B. 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 Public Place, Right of Way
or Street;
C. Constructs, reconstructs or repairs any Street light, or Street lighting system in any
Street which is open to the Public. This subsection does not apply if any agreement
with the City exists for the construction, reconstruction or maintenance of such
installation;
D. Constructs, reconstructs, repairs or maintains any Overhead Structure or other
appurtenant facility;
9
E. Places or leaves any impediment to travel, including trash and/or debris, upon any
Public Place, Right of Way or Street;
F. Erects or maintains any post, sign, banner, pole, fence, guardrail, mailbox, wall,
loading platform or any other structure on, over, under or within a Public Place, Right
of Way or Street;
G. Landscapes or removes any landscaping within a Public Place, Right of Way or Street;
H. Lights or builds afire for the purpose of disposal of weeds, brush or debris on a Public
Place, Right of Way or Street;
L Uses a Public Place, Right of Way or Street in any manner for purposes of subsurface
exploration;
J. Conducts land-surveying operations or makes traffic counts in such a way that it is
necessary to excavate on, or within a Public Place, Right of Way or Street, or in any
way interferes with the normal flow of traffic on a Street;
K. Causes or permits water (other than water from natural sources) to flow onto, or upon,
any Public Place, Right of Way or Street wherein the water is contained within the
improved section by curbs or berms;
Nothing in this chapter prohibits any Person from maintaining pursuant to any law, ordinance
or permit, any pipe, cable, or conduit in any street, 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 from making repairs, provided that the person performing such work applies for a
Permit not later than the next business day after such work is commenced.
7-15.002.2 Permit application.
A. Application for a Permit shall be made in writing to the Department, on the forms
provided by the Department. An Applicant shall complete all information on the forms
provided by the Department and any form not so completed may be rejected by the
Engineer.
B. On each application, the Applicant or his duly authorized agent shall sign a statement
on the Applicant's behalf that he agrees to preserve and save harmless the City and
each officer and employee thereof from any liability or responsibility for any accident,
loss or damage to persons including death, or property happening or occurring as a
proximate result of the Applicant's activities pursuant to the Permit for which the
Applicant is applying.
10
C. When required by the Engineer, the Applicant shall attach to, or enclose with, the
application four (4) copies of a map, plat, sketch, diagram or similar exhibit which
plainly show any and all information necessary to locate, delineate, illustrate or identify
the proposed Encroachment.
7-15.002.3 Permit Denial, Limitations and Conditions.
A. The Engineer may refuse to issue a Permit under the following conditions:
1. When he finds that the proposed Encroachment is not in the best interest of the
Public;
2. When he finds that the proposed Encroachment will be detrimental to the
health, safety or general welfare of the Public;
3. When the Permit requested is for an Excavation in a Newly Renovated Street.
Public agencies and public utilities shall determine alternate methods of making
necessary repairs to the opening of a Newly Renovated Street. Exceptions may
be made to denial of a Permit in the situations described above when:
a. There is an emergency which endangers life or property,
b. There is an interruption of essential utility service,
C. 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,
d. Work is mandated by City, state, or federal legislation,
e. Service is required for buildings or areas where no other reasonable
means of providing services exists,
f. Boring is not feasible due to technical engineering reasons, or
g. Any other situation in which the Engineer has deemed Excavation to be
in the best interest of the Public.
B. The Engineer may attach such conditions to any application for a Permit as in the
Engineer's sole discretion are reasonably necessary for the protection of the City and
the Public including, but not limited to conditions to prevent undue interference with
traffic, to limit the extent of any Encroachment made or placed, to require the
Encroachment to be installed and operated in a manner which will preserve and
11
protect the health, safety and welfare of the Public, to prevent interference with private
property, users of the Public Place, Right of Way or Street or holders of other permits
and, to enforce the requirements for and of other permits required to be issued for the
Encroachment pursuant to the provisions of the Code. Additional security may be
imposed to insure those conditions are met.
C. If a Permit is issued to open any Newly Renovated Street, the Engineer may impose an
additional fee or deposit as determined by the City Council for such opening.
However, such fee or deposit may be waived by the City Council or its designated
representative when a public agency or public utility can demonstrate to the
satisfaction of the City Council that the excavation is occasioned by circumstances
beyond its control.
D. Each Permit shall specify the time the Permit becomes null and void and the Permit
shall become null and void on the date so specified unless the Engineer extends the
time. The Engineer may extend the time if, in his opinion, the work for which the
Permit was issued was delayed in completion because of inclement weather,strikes,
an act of God, or other causes not within the control of the Permittee.
7-15.002.4 Permit Cancellation.
A. A Permit may be canceled by the Engineer who may issue an immediate stop work
order and red tag the permitted Encroachment for any of the following reasons:
1. When permitted work is not started within the time specified in the Permit
and/or is started but not diligently prosecuted to completion;
2. Impending failure, or failure on the part of the Permittee to comply with all of
the requirements of the Permit;
3. Impending failure, or failure on the part of the Permittee to provide for Public
safety;
4. For cause as may be determined by the Engineer in his sole reasonable
discretion for Public health and safety reasons.
B. Any repairs or other work undertaken by the City to restore, repair, complete or
otherwise put the Public Place, Right of Way or Street in a safe and usable condition
when a Permit has been canceled, a stop work order issued or a red tag posted shall
be undertaken pursuant to a force account and the costs of such work shall be paid to
the City by the Permittee.
12
C. Action taken under this Section shall not constitute a bar to criminal proceedings
provided for in this Chapter or otherwise permitted by the Code.
7-15.002.5 Standard Conditions.
The following conditions shall be deemed a part of each Permit issued pursuant to this
Chapter:
A. All work performed under the Permit shall be in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings- or as
directed by the City Engineer.
B. All work under the Permit shall be performed by a contractor who posses a current
Class A General Engineering Contractor's license in the State of California.
C. The State Standard Specifications or other specifications as specified by the Engineer
shall apply to all permits in the absence of specific City standards.
D. 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.
E. Blanket Permits, renewable annually, may be issued to any city, utility district or public
utility, subject to compliance with all applicable provisions of this Chapter or of the
Permit. The Engineer may revoke any such Blanket Permit if the Permittee fails to
comply with any of the provisions of this Chapter or the Permit. 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 or of the requirements
for paying for inspection, repairs and other costs incurred by the Department due to the
Permittee's activity under the Blanket Permit. Blanket Permits for Excavations shall be
limited to utility trenches not exceeding two (2) feet in width, dug at a right angle to
the centerline of the road, or an Excavation not exceeding thirty (30) square feet in
area. No road may be closed when using the maximum length option. Two-way traffic
shall be maintained at all times.
F. Permits issued under the authority of this Chapter shall be non-transferable.
G. Work performed without Permit; removal of work which poses a threat to the health,
safety, or general welfare of the public.
1. Failure to obtain a Permit for an encroachment, as required by this Chapter,
shall constitute a violation of this Chapter and subject a Person performing such
work to all penalties hereof.
13
2. Whenever an Encroachment has been installed without a Permit as required by
this Chapter and that work poses a threat to the health, safety and general
welfare of the public, the Engineer may, at the Permittee's or owner's sole
expense, remove the Encroachment. Whenever an Encroachment has been
installed with a Permit as required by this Chapter and that Encroachment does
not conform to the design and specification approved by the Permit, and that
Encroachment poses a threat to the health, safety and general welfare of the
public, the Engineer may, at the Permittee's or owner's sole expense, remove
the Encroachment.
H. 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 Public, Public Place, Right of Way or Street.
I. During the progress of the work, the Permittee shall maintain a sign at such work site
bearing the name, address, telephone number of the Permittee and a twenty-four (24)
hour emergency telephone number where assistance may be obtained throughout the
duration of the work Permitted. This section shall not be applicable to utilities doing
their own maintenance, repairs or installation by their own employees. However, if a
utility uses an outside contractor to do such work, the contractor must post a sign in
accordance with this section.
J. All obligations, responsibilities and other requirements of the Permittee as described
in this Chapter shall be binding on subsequent owners of the Encroachment.
7-15.003 WORK REQUIREMENTS - SAFETY, INSPECTION, AND LIABILITY
7-15.003.1 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, flags and watchmen, as are necessary to protect the Public
and as approved by the Engineer or his designee. Any omission on the part of the Engineer to
specify in the Permit what safety devices shall be provided by, or preventative 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, immediately and
without notice, 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.
14
7-15.003.2 Warning lights.
A Permittee making any Excavation or leaving any obstruction which could be a hazard to
persons using a Public Place, Right of Way or Street shall provide and maintain warning lights
far enough away from the Excavation or obstruction to give adequate warning to such persons,
and at not less than fifty-foot intervals along the Excavation or obstruction, from one-half hour
before sunset of each day to one-half hour after sunrise the next day, until the work is
completed and the Public Place, Right of Way or Street is made safe for use.
7-15.003.3 Safety device standards.
All safety devices and construction practices shall conform to the requirements of the normal
of Traffic Controls for Construction and Maintenance Work Zones issued by the California
Department of Transportation and the California Vehicle Code, so far as such manuals and
codes are applicable.
7-15.003.4 Inspections as required in Permit.
During the progress of the work and upon completion, the Permittee shall call for City
inspections at the times required by the Permit under which the work is undertaken. The
Engineer may revoke a Permit upon the failure of the Permittee to call for inspections as
required by the Permit and may require supplemental tests if the City inspector is not notified
at the proper times.
7-15.003.5 Inspector on job.
If in the sole 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 reimburse the City for the cost of said inspector in
accordance with the schedule of charges as adopted by the City Council as that schedule of
fees may be amended from time to time.
7-15.003.6 Inspection not to be obstructed.
No Person shall obstruct the Engineer or his designee from making any inspection authorized
by this Chapter or in taking any sample or in making any test, or attempt to mislead or falsify
the work or make misleading statements regarding the work being done subject to a Permit
authorized by this Chapter.
15
7-15.003.7 Permittee liability.
The Permittee shall investigate and be aware of all existing facilities lawfully within the Public
Place, Right of Way or Street which are within the boundaries of his permitted activity. The
Permittee shall not interfere with any existing Public or private facility without the consent of
the City in the case of a Public facility or the owner of a private facility. If it becomes
necessary to relocate an existing facility, relocation shall be done by Permittee under City
direction, at Permittee's cost, if the facility is a Public one, or by the owner or the Permittee
to the satisfaction of the owner if the facility is private. The cost of moving any facility shall
be borne by the Permittee unless he makes other arrangements with the City or private owner
of the facility, as the case may be, or unless the owner of a private facility is required by his
franchise or agreement tomovehis facility without cost.
7-15.003.8 Protection and repair of facilities and adjoining property.
The Permittee shall support and protect all Landscaping, trees and other facilities,
including but not limited to structures, wires, cables, pipes,conduits, poles, and other
apparatus, both aerial and underground. if such Landscaping, trees or facilities are (1)
on adjoining private property the method of protection shall be one satisfactory to the
owner of such improvements and the Engineer, and (2) on a Public Place, Right of Way
or Street the method of protection shall be one satisfactory to the Engineer.The owner
of private property has the right to support or protect any of its facilities at the sole
expense of the Permittee. In case any of the Landscaping, trees or other facilities
(public or private) should be damaged, they may be repaired by the private owner or
the City at the expense of the Permittee or, if authorized by the owner or the City, as
the case may be, may be repaired by the Permittee under the supervision of the owner
or the City, as the case may be. All expense of repairs to any damaged facilities shall
be borne by the Permittee. In meeting the conditions of this Section 715.003.8, the
Permittee or any other Person shall comply with all provisions of the City's Tree
Ordinance, as amended from time to time.
7-15.003.9 Interference with utility.
No Permittee shall interfere in any manner whatsoever with any property, any public
utility otherwise governed by City, State or Federal statute, any facility owned by the
Atascadero Mutual Water Company, or with any tree which is governed by the Tree
Removal and Tree Relocation Ordinance (Municipal Codes §9 .11 , et seq.).
7-15.003.10 Aids to visibility.
When the location or position of an Encroachment impairs visibility to vehicular traffic,
the Engineer may require that the Encroachment be painted or equipped with reflectors
or other aids to visibility prescribed or authorized by the Public Utilities Commission
16
of the State, 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 Street. 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.
7-15.003.11 Liability insurance.
The Permittee shall maintain adequate public liability insurance, including, but not
limited to motor vehicle insurance, to protect him and the City 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 is done by the Applicant or by any agent or
anyone directly or indirectly employed by him or his agent. The City shall be named
as an additional insured and the policy shall be issued by a company authorized to do
business in the State. The amount of insurance shall be as prescribed by the City by a
resolution adopted by the City Council. In the absence of such a resolution, the
minimum liability shall be determinedbythe Engineer. This section shall not apply to
any work done by utility companies or by the Atascadero Mutual Water Company by
their own employees. However, if a utility company or the Atascadero Mutual Water
Company uses an outside contractor to perform any work, the contractor must maintain
adequate insurance in accordance with this section or the utility company must
provide evidence that its own insurance policy cover the contractor and the City.
7-15.004 REQUIREMENTS - PERFORMANCE OF WORK
7-15.004.1 Proof of right to use street.
Every Permit issued under this Chapter for activity or work in, along, on, over, across
or under the Street shall be granted subject to the right of the City or any other Person
entitled thereto, to use that part of such Public Place, Right of Way or Street for any
purpose for which such Public Place, Right of Way or Street may lawfully be used.
Proof of the Applicant's right to use the Public Place, Right of Way or Street for the
purposes set forth in the application shall be filed with the Engineer.
7-15.004.2 Design to accommodate drainage required by City.
Each application for a Permit shall include, and each Permit issued pursuant to this
Chapter shall, as appropriate, require, a design which shall:
A. Accommodate a 25 year design storm
B. Control erosion and sedimentation
17
C. Preclude safety hazards, including but not limited to design for appropriate
construction along and adjacent to the proposed project to preclude safety
hazards; provided, however, the Engineer shall have the discretion to permit
variations to the design of the project for which a Permit is to be issued as site
conditions warrant.
7-15.004.3 Work specifications.
All work,including that following revisions or that built according to the plans and
specifications referred to in the Permit, shall be performed in accordance with the City -
of Atascadero Engineering Department Standard Specifications and Drawings 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.
7-15.004.4 Work in accordance with plans.
All work shall be performed in accordance with the plans approved by the Engineer,
as they may be amended from time to time. No work which is not consistent with the
approved plans shall be approved upon final or intermediate inspection. All plans
submitted as a part of the application for a Permit pursuant to this Chapter shall be
signed by a California Registered Civil Engineer and any changes made to said plans
must be signed by the design engineer prior to submittal to the City for final approval.
7-15.004.5 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,
Right of Way or Street or private property or Public travel more than is
reasonably necessary.
B. If the work subject to a Permit pursuant to this Chapter 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 Permittee will pay the City directly for the work performed.
18
7-15.004.6 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 Public and occupants of
neighboring property. In the performance or the work, the Permittee shall take
appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly
debris. The Permittee shall be liable and shall hold City harmless from any liability or
damages occurring to Persons or public or private property, real or personal, by reason
of work done by the Permittee pursuant to a Permit issued pursuant to this Chapter.
7-15.004.7 Changes.
No changes may be made in the location, dimensions, character or duration of the
Encroachment or use as granted by the Permit except upon authorization by the
Engineer. The Permittee seeking changes to the design or specifications of the work
Permitted shall submit his request for the change, in writing, signed by his design
engineer.
7-15.004.8 Restoration of Right of Way and/or Street.
Upon completion of the Encroachment Work authorized by a Permit, the Permittee
shall restore the Right of Way or Street, including bridges and any other structure
thereon, by replacing, repairing or rebuilding it in accordance with the specifications
or any special requirement included in the Permit, but not less than to its original
condition before the Encroachment Work was commenced and in all cases in good
riding quality. The Permittee shall remove all obstructions, materials and debris upon
the Right of Way and Street, and shal I do any other work necessary to restore the Right
of Way and Street to a safe and usable condition, as directed by the Engineer. Where
Excavation occurs within areas already paved, the Engineer may require temporary
paving to be installed within four (4) hours after the Excavation area is backfilled. In
the event that the Permittee fails to act promptly to restore the Right of Way and/or
Street as provided in this section, or should the nature of any damage to the Right of
Way or Street require restoration before the Permittee can be notified or can respond
to notification, the Engineer may, at his option, make the necessary restorations and
the Permittee shall reimburse the City in accordance with the schedule of charges as
adopted by the City Council.
7-15.004.9 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 of no less than three (3) inches
or match the surrounding Pavement thickness, whichever is greater or surface, and in
no event, to a thickness less than that set forth in the approved plans filed for the
19
Permit; the base course removed shall be replaced to a thickness of two (2) inches
greater than that of the surrounding base course. Class two (2) base backfill shall be
used in any case where a trench width is less than twenty-four (24) inches or the total
depth of the excavation is less than two (2) feet.
7-15.004.10 Seal or slurry.
When a Street surface has been treated with a seal or slurry prior to work under Permit, the
seal and/or slurry shall be replaced upon the portion repaired, unless otherwise determined
by the Engineer.
7-15.004.11 Encroachment removal without replacement.
When an existing Encroachment is removed and not replaced, the entire Encroachment shall
be removed from the Public Place, or Right of Way or Street and any disturbed surface or hole
left after the removal shall be backfilled, compacted and restored to good or better condition,
with a ridable surface where appropriate, unless the Engineer permits otherwise.
7-15.004.12 Road closure or interference with street use.
All Encroachments shall be planned and executed in such a manner that they will not
unreasonably interfere with the safe and convenient travel of the Public or unreasonably
interfere with, or cause inconvenience to, the occupants of adjoining property. At no time -
shall a Street be temporarily closed or the use thereof be denied to the Public, except by
permission of the City Council or in the event the Council is unable to act in the time required
by law, by the Engineer or his designee.
7-15.004.13 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 or Street for
supplying or conveying gas, electricity, communication facilities, waters, steam, ammonia or
oil, or for any other purpose, shall file in the office of the Engineer within sixty (60) days after
the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more
than one (1) inch to fifty (50) feet showing the complete installation of all such substructures.
The same is required on a map showing the 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 with respect to the public utility which has maps on file in the City. The
Atascadero Mutual Water Company is exempt from the requirements of this section.
20
7-15.004.14 Notice before commencing work.
A. Before commencing any Encroachment Work authorized by any Permit issued pursuant
to this Chapter, the Permittee shall notify the underground service alert ("USA")— --
the City police 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
wi I I perform the work.
B. Before commencing any Encroachment Work authorized by any Permit issued
pursuant to this Chapter, where adjoining or abutting private property has access to
the Public Place, Right of Way or Street within one hundred (100) linear feet of the
Encroachment Work, the Permittee may be required to give written notice at least
forty-eight (48) hours prior to commencing any work to the property owner(s) and
occupant(s) of the dates and times of the Encroachment Work and shall post a notice
of such impending work in no less than one (1) conspicuous place on either side of
the impending work at least forty-eight (48) hours prior to commencing such work.
Such written notice and posted notice shall include the telephone numberofthe
Permittee and his agent who will perform the work.
7-15.004.15 Relocation of facilities.
Unless specified by the Engineer, the Permittee shall make proper arrangements for, and bear
the cost of, the relocation of any structure, publicly or privately owned facility, tree, or
Landscaping, 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. The Engineer shall require the Permittee to obtain a Tree Removal Permit or Tree
Relocation Permit pursuant to §9.11 of the Municipal Code prior to, or simultaneously with
the issuance of the Encroachment Permit where the proposed work includes or affects a tree
governed by said Code.
7-15.004.16 Relocation where right-of-way improved.
Any Encroachment lying in the Right of Way, Street or on a Public Place shall be removed or
relocated upon notice from the Engineer that the City is undertaking improvements in the area
which necessitate the removal or relocation. Said notice shall specify the time within which
the Encroachment shall be removed or relocated and the location where the Encroachment
may be replaced if it is to be relocated. If such City improvements require relocation or
removal of an Encroachment, the Permittee or Person who installed such Encroachment shall
relocate or remove the Encroachment at his sole expense, except as provided by State statute.
The Atascadero Mutual Water Company is exempt from the requirements of this section.
If the Permittee fails to comply with the requirements set forth in the notice from the Engineer,
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.
21
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 its 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 public agencies and public utilities if such
improvement is required due to the construction of a State freeway.
7-15.004.17 Encroachment not a hazard.
The Engineer may require that evidence be submitted with the application to satisfy him that
the proposed Encroachment will not create a hazard of any kind.
7-15.004.18 Defective work and defects appearing after completion.
A. In case any part of a Public Place, Right of Way or Street should not be restored to the
conditions required by this Chapter or the Permit or should develop defects after the
completion of the work permitted hereby, for any reason other than natural wear of the
surface, the Permittee shall immediately proceed to repair and restore the
Encroachment 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 an exception permitted by this Chapter, the
written notice shall be sent to the Person who actually installed the Encroachment and
it shall be the responsibility of such Person to make the repair and restoration.
C. In case the Pavement is not completely restored within the time limits set forth in the
Engineer's notice to the responsible Person or Permittee, the City may do the work at
the expense of the delinquent Person or Permittee and shall bill such Person or
Permittee.
7-15.005 REQUIREMENTS - FEES AND COSTS
7-15.005.1 Issuance fee and other costs.
All applicants, except as otherwise provided in this Chapter, shall pay an issuance fee and all
other costs and charges as established for the work permitted pursuant to this Chapter.
22
7-15.005.2 Deposit of fees.
Issuance fees and charges for repairs, inspection, or engineering collected under the provisions
of this Chapter shall be deposited in the respective funds from which the corresponding
disbursements were made.
7-15.005.3 Exemptions and waivers of fees.
A. The following shall be exempt from paying all fees: the United States, the State and all
departments of the City, the Atascadero Mutual Water Company. Outside contractors
performing work for the Atascadero Mutual Water Company shall not be exempt from
the payment of fees.
B. The Engineer may grant a Permit without an issuance fee if he finds that the work to
be done has been requested by the City in connection with proposed public works.
C. If the Engineer determines that the waiver of any part of the fees is necessary to
promote the safety of the Public or its general welfare he may waive all fees and
deposits.
D. In cases where the fee is waived, the Permittee shall be liable for the Actual Costs of
any work required to be done by the Department in restoring the Public Place, Right
of Way or Street to be in as good a condition as before any such work was
commenced. Furthermore, the Engineer may, in the future, require the delinquent
deposit from any such Permittee if a bill rendered in accordance with this Chapter
becomes delinquent.
7-15.005.4 Permit copy fee.
The fee for each true copy of a Permit to the Permittee shall be twenty-five cents per page.
7-15.005.5 Schedule of Fees
The schedule of fees or charges will be those recommended by the Engineer and adopted by
the resolution of the City Council amended from time to time. Where work for which a Permit
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 doubled 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.
7-15.005.6 Permittee to pay for all costs.
The Permittee is liable for and shall pay for all the Engineer's departmental costs related to the
Permit over and above the Permit issuance fee and including, but not limited to, the following:
23
A. The Permit issuance 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 test made;
D. The cost of repairing or restoring the Public Place, Right of Way or Street and all
appurtenant facilities to the same or equal condition that they were 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 removal and replacement 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.
7-15.005.7 Costs to be Actual Costs.
Except as otherwise provided herein, whenever in the provisions of this Chapter, any costs are
to be charged to the Permittee and no other method for the calculation of such costs is
specified, such costs shall be 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 fee resolution as adopted by the City Council.
7-15.005.8 No fee when inspected by governmental agency.
The Engineer may issue a Permit without any inspection fee or deposit for work which will
be inspected by a qualified governmental agency which will furnish evidence to the City to
the effect that the work will be inspected and will comply with the minimum standards
required by the City.
7-15.005.9 Engineer inspection.
If any Applicant receives a Permit pursuant to the provisions of this Chapter and a
governmental agency fails to make the inspection or fails to file evidence as required by this
Chapter, the Engineer may inspect the work and the Permittee shall pay the Actual Cost of
such inspection to the City.
24
7-15.005.10 Deposit required.
Unless exempted from this Chapter by law or by the Engineer, before obtaining a Permit each
Applicant shall deposit with the Department a deposit which may be in the sole discretion
of the City either cash, a certified or cashier's check, a certificate of deposit pledged to the
City, a letter of credit or a surety bond, in a form and for a term satisfactory to the City
Attorney in a sum equal to one hundred and fifty percent (150%) of the Actual Cost of the
work which would be required to restore the Public Place, Right of Way or Street 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 all conditions of the Permit. Where the size and
nature of the project warrant, the Engineer may require the additional-deposit of One
Thousand Dollars ($1,000) 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 or by the Atascadero Mutual
Water Company by their own employees. However, if a utility company or the Atascadero
Mutual Water Company uses an outside contractor to perform any work, the contractor or the
utility company must file a deposit in accordance with this Section.
7-15.005.11 Cash deposit.
A 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 of the Permits issued to an Applicant. If an Applicant maintains a general
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 deposit shall be sufficient to cover all
costs connected with the Permits. An Applicant shall make a general deposit in an amount
sufficient to cover on-going and anticipated Encroachments in the City, as determined in the
sole discretion of the Engineer.
7-15.005.12 Return of deposit.
A. Any deposit required by the Engineer pursuant to this Chapter shall be payable to the
City and filed or deposited with the Engineer prior to issuance of a Permit. Deposits
returned to the Applicant shall be less any costs authorized to be deducted pursuant
to this Chapter.
B. Thirty (30) days after the satisfactory completion of all authorized work and fulfillment
of all conditions of the Permit, the Engineer may release up to ninety percent (90%) of
any deposit made pursuant to this Chapter, upon application of the Permittee if in the
discretion of the Engineer the Applicant has completed the work subject to Permit
hereunder in a manner which is consistent with the Permit and to the satisfaction of the
Engineer. For any deposit so returned, the Engineer shall release the balance of said
deposit to the Permittee prior to the expiration of a twenty-four(24) month period from
the date of completion of work covered by such Permit.
25
C. For Permits where the actual cost of work to the Permittee is Twenty-five Thousand
Dollars ($25,000) or greater, the Permittee may establish with the Engineer, in the
Engineer's sole discretion, a schedule of incremental milestones at each of which a
partial release of the Permittee's deposit, as specified in such schedule, may be
released by the Engineer if all work done in that increment and prior increments has
met the conditions of the Permit to the satisfaction of the Engineer.
D. The foregoing notwithstanding, the City may retain each deposit made for an
Encroachment Permit, in whole or in part, in such amounts and for such period of time
as is deemed necessary in the discretion of the Engineer to assure satisfactory
completion of the work governed by a Permit granted pursuant to this Chapter.
7-15.005.13 Certificate of deposit.
The Engineer may accept a certificate of deposit, in lieu of cash, made payable to order of the
City to cover any deposit required by this Chapter.
7-15.005.14 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.
7-15.005.15 Acceptance of negotiable paper.
The Engineer may, in his sole discretion, accept negotiable paper in payment of any Permit
Fee (including engineering and inspection fees), deposit or other payment required by this
Chapter.
7-15.005.16 Expiration date of security.
No security or other form of indemnification is acceptable which bears an expiration date
other than that determined by the City, but in no case shall such indemnification have an
expiration date earlier than twenty-four (24) months from the date of completion of the
Encroachment.
7-15.005.17 Deposit-General.
If the Permittee maintains a general deposit with the City for the purposes of paying incidental
fees due under the Permit or any other fees which the Permittee may owe the City, the
Engineer shall bill the Permittee monthly for all fees and costs chargeable under this Chapter
and may deduct said amounts from the general deposit so maintained with the City. When
amounts are deducted from a deposit, the Permittee must restore the deposit to its original
amount within fifteen (15) days.
26
7-15.005.18 Deposit-Special.
In the event that an Applicant maintains no account with the City, all fees and costs shall be
payable on demand as hereinafter provided prior to issuance of the Permit, or if such fees or
costs arise after issuance of the Permit, they shall be paid prior to the next inspection required
pursuant to the Permit issued hereunder. The Engineer shall bill for such fees and costs on a
monthly basis. If, within thirty (30) days after a bill has been sent, the Permittee does not pay
the same in full, the Engineer shall cancel the Permit if he is unable to recover the amount due
from any security the Permittee has filed pursuant to this Chapter. If the deposit or security is
insufficient to pay the amount due, the City may enforce collection by any and legal means
available to it.
7-15.005.19 Monthly billing of issuance fee.
At the request of a Permittee who maintains with the Engineer adequate security as provided
in this Chapter and to whom ten (10) or more Permits have been issued monthly, for three (3)
consecutive months, the Engineer may waive the requirement covering prepayment,of the
issuance fees and bill the Permittee for issuance fees covering Permits issued subsequent to
such request. The Engineer may revoke such waiver at any time.
7-15.005.20 Permits not issued if bill unpaid.
The Engineer may elect not to issue further Permits to the Permittee and may hold any security
provided by the Permittee as long as any bill remains unpaid.
7-15.005.21 Issuance fee refunded.
An issuance fee may be refunded when a Permit has been issued as the result of an error not
made by the Permittee.
7-15.005.22 Inspection fee refunded.
All other provisions of this Chapter notwithstanding, fees deposited for any Permit issued
pursuant to this Chapter may be refunded in whole or in part if such fees were erroneously
collected or if the work was not constructed by the Permittee and no inspection requests were
made.
7-15.005.23 Plan check fee refunded.
If other refunds are in order, the plan check fee may be refunded also, provided that the plan
check has not been made, or has been erroneously made, by the City.
27
7-15. 006. CONSTRUCTION PERMITS
7-15 .006.1 Provisions for construction Permits.
The provisions of this Chapter apply to Permits for the laying, constructing, reconstructing, or
repairing of curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains,
culverts, street light or lighting system, or other appurtenant structures not included in any
approved subdivision or parcel map or development permit (construction Work").
7-15.006.2 Plans may be required.
If in the opinion of the Engineer the Construction Work proposed to be done requires the
making of plans or the setting of stakes, or both, the Engineer may require the application be
accompanied by the necessary plans, which plans shall be prepared by a competent engineer
to the satisfaction of the Engineer.
7-15.006.3 Certificate of acceptance.
If the Engineer by survey or by inspection or by both ascertains that the Construction Work
has been completed according to the requirements of the Permit issued therefor, and of all
the provisions of this Chapter, he shall, if requested to do so by the Permittee, issue a
certificate of acceptance which shall contain a statement of the location, nature, and extent
of the work performed under the Permit.
7-15.007 ADDITIONAL REQUIREMENTS.
7-15.007.1 Cleanup.
As the work progresses, all Public Places, Rights of Way and Streets where an Encroachment
is permitted 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 materials, earth and debris of any kind. If the Permittee fails within twenty-four (24) 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.
7-15.007.2 Agreement to relocate.
Every application shall contain a statement, signed by the Applicant, that if any obstruction
placed in the area for which an Encroachment Permit is issued interferes with the future use
of the Public Place, Right of Way or Street by the Public, then the Applicant or his successors
28
or assigns will at his own or his successors' or assigns' expense remove or relocate such
obstruction to a location satisfactory to the Engineer. The statement signed by the Applicant
will not apply in cases when the Applicant has an easement superior to the Public use 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.
7-15.008 LANDSCAPING
7-15.008.1 Requirements for planting.
The Applicant for a Permit to plant Landscaping in a Public Place, Right of Way or Street shall
show in his application by sketch the proposed location and the kind of plants. No change
shall be made in either the location or kind of Landscaping without amending the Permit. After
planted and maintained for the term required in the Permit, Landscaping on a Public Place,
Right of Way or Street shall become the property of the City. Any Permittee wishing to work
on, remove or replace any tree shall comply with, and obtaining a Tree Planting or Tree
Removal Permit as required by the Municipal Code §9.11, et seq.
7-15.008.2 Denial of planting permit.
The City may refuse to issue a Permit authorizing Landscaping on a Public Place, Right of
Way or Street when the location and/or the nature of the planting will be deleterious to the
Public, will reduce sight distance, will unduly disturb the Public Street, Right of Way or Street,
will pose a threat to the general health, safety and welfare of the motoring or pedestrian
Public, or will in any way impede construction or maintenance of facilities.
7-15.008.3 Sight distance.
No Landscaping or fence or other structure shall be planted, erected or maintained on a
Public Place, Right of Way or Street without a Permit, or in such manner which impedes,
obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic.
7-15.008.4 Plantings neat and orderly.
The Permittee shall maintain Landscaping and fences or similar structures in a neat and
orderly condition for so long as is required by the Permit. If the Encroachment is not so
maintained, the Engineer may direct the Permittee to remove the Encroachment and restore
the Public Place, Right of Way or Street to its former condition at the expense of the
Permittee.
29
7-15.009 APPEAL AND VIOLATION
7-15.009.1 Provision for appeal.
Any Person aggrieved by the refusal or revocation of a Permit may appeal to the City Council
within thirty (30) days after the date of such action. The appeal shall be in the form of a
written notice filed with the City Clerk and signed by the Applicant and shall be accompanied
by the appeal fee as set forth in §1.2 of the Code. The notice shall have attached a copy of the
application as filed with the Engineer, shall list and provide copies of all other items as have
been filed, and shall state clearly and concisely the grounds upon which the Applicant relies
in his appeal.
7-15.009.2 Time of hearing.
Upon acceptance of an appeal filed pursuant to this Chapter, the City Clerk shall set the matter
for hearing and shall notify the Applicant and the Engineer of the date and time.
7-15.009.3 City Council action.
At the hearing of an appeal authorized by this Chapter, the Applicant shall establish to the
satisfaction of the City Council that he is entitled to issuance of a Permit under this Chapter
or to reinstatement of a Permit previously revoked or the appeal shall be denied. The Engineer
may present his grounds for denial or revocation of the permit. The decision of the City
Council is final.
7-15.009.4 Violation.
Every Person who performs any work regulated by this Chapter, either without first obtaining
a Permit therefor or having a valid Permit, fails or refuses to comply with any applicable
provisions of this Chapter or with any condition of the Permit or performs work contrary to
any of the general or special requirements or specifications of the Permit is deemed in
violation of this Chapter. Each and every day in which there is a violation constitutes a
separate offense. Violation of this Chapter is a misdemeanor.
7-15.010 PENALTIES
A. Penalties for violation of this Chapter 7, Title 7 of this Code shall be as set forth in
Chapter 3, Title I of this Code."
B. A resolution establishing fees shall be brought to the City Council for adoption before
this Ordinance takes effect.
30
III. EXECUTION AND CERTIFICATION QE THIS ORDINANCE. The Mayor is authorized to
execute this Ordinance on behalf of the City and the City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published as required by law.
PAS AND PPROVED thisl2thday of August , 1997.
RA JONSCtT, MA R
ATTEST:
M4A
MARCIA M. TORGERSON, CITY CLERK
APPROVED AS TO FORM:
Roy HAN LEY
I ERIM CITY ATTO KEY
31
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
CITY OF ATASCADERO )
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, do hereby certify that the
foregoing Ordinance No. 332 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 22ndday of July , 1997. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 12th day of August , 1997, by the following vote, to wit:-
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: Carden, Clay, Lerno, Luna and Mayor Johnson
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MARCIA M.'TORGERSON, CITff CLERK
32