13.36.030 - Permit terms.
A. Permits issued under this Chapter shall be required for private construction of public improvements, subject to the requirements for such improvements governed by Title 14 or Title 19, as applicable, and as the same may be amended from time to time.
B. No encroachment permit shall be issued unless all other required permits for the intended use and encroachment have been obtained by the Applicant.
C. The Director of Public Works may suspend any permit issued under this Chapter when reasonably necessary for the public convenience or safety as the result of conflict with:
1. Public construction work being performed under contract;
2. Major public maintenance operations; or
3. Emergency requirements of any public agency, or as the result of a public disaster, such as, fire, flood or earthquake.
D. The Director of Public Works shall give the permittee seventy-two hours' written notice of such suspension and order to clear the public right-of-way or other public easement; provided, however, that in the case of an emergency, no notice shall be required. In the event of an emergency, or if the permittee fails to clear the public property as ordered, the Director of Public Works may clear the public property or cause it to be cleared, and the costs thereof shall be paid by the permittee. Such costs, if not paid upon demand, shall be deducted from the moneys which have been deposited, or shall be paid by the surety company on its bond.
E. The Director of Public Works may revoke any permit issued in accordance with this Chapter upon thirty days prior written notice; however, the Director of Public Works may revoke such permit upon shorter notice when such encroachment causes a dangerous condition or threat of danger to life or property or when the permittee is in violation of its permit or any provisions of this Chapter.
F. Each permit issued under this Chapter shall require the permittee to indemnify, defend, and hold harmless the City, its officials, boards, commissions and members thereof, agents, employees, and contractors against any and all liabilities, losses, claims, actions, causes of action, or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, including, without limitation, attorneys' and expert fees and court costs, arising out of or related to the performance of work under its permit, the installation and maintenance of any facilities or the use of any public property by the permittee or the permittee's employees, officers, officials, agents, transferees, contractors, or subcontractors. This obligation to indemnify the City shall not apply to liabilities, losses, claims, actions, causes of action, or demands arising from City's sole negligence.
G. Any damage done directly or indirectly to any public improvements, public property, utility facilities, survey markers, monuments or benchmarks by the permittee or the permittee's employees, officers, officials, agents, transferees, contractors, or subcontractors, shall be promptly repaired at the permittee's sole cost and expense to the satisfaction of the Director of Public Works. Alternatively, the City may, in its sole discretion, choose to perform the repair work itself, in which case the permittee shall reimburse the City for the full costs of the repair work within thirty days after receiving an invoice from the City.
H. The City Manager, in conjunction with the Director of Public Works, may adopt administrative guidelines, rules and regulations addressing the location, construction, form, size, safety, maintenance, repair, and any other manner of conduct of encroachments governed by this Chapter, and may include such provisions and require additional conditions specific to the encroachment in the permit that are not inconsistent with this Chapter.
(Ord. 29966.)
