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As a further condition of the issuance of a permit required by this chapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones as published by the State Department of Transportation and/or any additions or modifications thereto now or hereafter adopted in Title 18R of this code.
(Ord. 1928 §2 (part))
A. Security Requirements. Except as hereinafter provided by this chapter, no permit shall be issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right-of-way or public service easement unless and until the permittee has obtained and provided to the city a surety bond or other security guaranteeing performance by permittee of all of permittee’s duties and obligations under such permit including, in particular, the duty and obligation to restore the site of the construction or excavation work to the same condition as it was in prior to commencement of the construction or excavation work, or such modified condition as has been approved by the director.
B. Amount of Security. The surety bond or other security obtained and provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter authorizing construction or excavation work on or within a public right-of- way or public service easement shall be in the amount of at least $10,000.00; except that where the director determines that the work performed pursuant to such permit is extensive and would expose the city to costs substantially in excess of $10,000.00 to remedy any breach by the permittee in the permittee's duties and obligations to restore the public right-of-way or public service easement to the same condition as it was in prior to the commencement of the construction or excavation work or such modified condition as approved by the director, then the surety bond or other security shall be in an amount which the director determines is necessary to fully cover the city's exposure to all such costs.
C. Form of Security. The surety bond obtained and provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter authorizing an encroachment or excavation within a public right-of-way or public service easement shall be conditioned on the permittee’s compliance with all requirements of this chapter, including all orders of the director pertaining thereto, and shall otherwise be in a form approved by the city attorney. In lieu of a surety bond, a permittee may obtain and provide to the city a cash deposit, certificate of deposit naming the city as the payee thereof or such other kind of security acceptable to the city's risk manager, provided such cash deposit, certificate of deposit or the security is accompanied by an agreement stating that the security is being pledged to guarantee performance of the permittee’s duties and obligations under the permit issued to permittee pursuant to this chapter, which pledge agreement shall also be in a form approved by the city attorney.
(Ord. 1928 §2 (part), Ord. 1992 §6, Ord. 2364 §131)
Where a permit is issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right of way or public service easement to be undertaken and performed by a person who owns property adjoining that portion of the public right-of-way or public service easement in which the work is to be performed, the surety bond or other security requirements of this chapter shall be waived.
(Ord. 1992 §7)
As a further condition of the issuance of a permit required by this chapter which authorizes construction or excavation work within a public right-of-way or public service easement, the permittee shall design, undertake and complete such work in the following manner:
A. All public improvements constructed or installed within a public right-of-way pursuant to such permit shall be designed, constructed and installed in accordance with the design criteria and improvement standards adopted in Title 18R of this code.
B. Upon the commencement of construction or excavation work authorized by such permit, such work shall be prosecuted with due diligence and in a manner that does not obstruct or interfere with a public street, public utilities or other facilities located within a public right-of-way or public service easement any more than is absolutely necessary.
C. Upon completion of construction or excavation work authorized by such permit, the public right-of-way or public services easement in which such work was performed shall be restored to the same condition as it was in prior to commencement of the work or such modified condition as has been expressly approved by the director, and all surplus soils or waste materials removed from the public right-of-way or public service easement shall be deposited or disposed of in a manner that complies with applicable federal, state and city laws and regulations.
D. At the conclusion of construction or excavation work authorized by such permit, the permittee shall file with the director such “as-built” plans and specifications as may be required by the director depicting any new improvements or facilities or any modifications to existing improvements or facilities which were constructed or installed in the public right-of-way or public service easement pursuant to such permit.
(Ord. 1928 §2, Ord. 2364 §132)
When acting on a permit required by this chapter, the director may condition the issuance of such permit on compliance with any special requirements which the director determines are necessary in order to ensure that such encroachment or excavation will be carried out in a manner that does not threaten the safety of persons or property and in a manner that will not unreasonably interfere with the use by the city or general public of any public right-of-way or public service easement and/or any public or private property adjoining or in the neighborhood of the public right-of-way or public service easement in which the encroachment or excavation is to be made.
(Ord. 1928 §2, Ord. 2364 §133)
A. Determination of Director to Order Work to be Stopped. Whenever the director determines that an encroachment or excavation made within a public right-of-way or public service easement pursuant to a permit issued in the manner provided by this chapter has been undertaken or is being carried out in a manner which threatens the public safety, unreasonably interferes with the use of such public right-of-way or public service easement or any property adjoining and in the neighborhood thereof, or damages or threatens to damage other facilities located within the public right-of-way or public service easement in a manner not authorized by the permit, the director may, by service and posting of the notice required by this section, order such work to be stopped.
B. Service of Notice of Order to Stop Work. Upon determining to order the stoppage of work undertaken or being carried out pursuant to a permit issued in the manner provided by this chapter, the director shall cause a written notice of such order to be served on the person to whom the permit was issued and on any person known to the director to be engaged in such work if such person is someone other than the person to whom the permit was issued. In addition to setting forth the order of the director to stop work, such notice shall contain a brief description of the reasons why such work is being ordered stopped and the action, if any, which may be taken in order that the work may be resumed; shall contain a statement of the right of the person to whom the permit was issued to apply for administrative review of the order and to appeal the order in the manner provided by this chapter, and shall advise the person upon whom the notice is served that unless authorized by the director, any further work performed pursuant to such permit may subject such person to the misdemeanor penalties hereinafter provided for in this chapter.
C. Posting of Order to Stop Work. Upon determining to order the stoppage of work undertaken or carried out pursuant to a permit issued in the manner provided by this chapter, the director shall also cause a written notice of such order to be posted in a conspicuous place within the public right-of-way or public service easement in which such work is being performed. In addition to setting forth the order of the director to stop work, such notice shall state that it is a misdemeanor for such person to perform any further work without authorization of the director or to remove or deface the posted notice of such order.
D. Effect of an Order to Stop Work. No person served with a notice of the director to stop work undertaken or carried out pursuant to a permit issued in the manner provided by this chapter shall cause or permit such work to be performed.
(Ord. 1928 §2, Ord. 2364 §134)
A. Determination by the Director to Order the Revocation of a Permit. Whenever the director determines that an encroachment or excavation made within a public right-of- way or public service easement pursuant to a permit issued in the manner provided by this chapter has been undertaken or is being carried out in a manner that violates the terms and conditions of such permit or that the permit was issued based on a permit application or plans and specifications which contained a material misrepresentation of fact, the director, may, by service of the notice required by this section, order the revocation of the permit.
B. Service of Notice of Order Revoking a Permit. Upon determining to order the revocation of a permit issued in the manner provided by this chapter, the director shall cause written notice of such order to be served on the person to whom the permit was issued. In addition to setting forth the order of the director revoking such permit, such notice shall contain a brief description of the reasons why the permit is being revoked and shall contain a statement of the right of the person upon whom the notice is served to apply for administrative review of the order and to appeal the order in the manner provided by this chapter.
C. Effect of Order Revoking a Permit. A person served with a notice of the order of the director revoking a permit issued pursuant to the provisions of this chapter shall promptly terminate the encroachment or excavation authorized by such permit and restore the public right-of-way or public service easement in which such encroachment or excavation was undertaken or carried out to the same condition as it was in prior to commencement of the encroachment or excavation, or such modified condition as may be approved by the director.
(Ord. 1928 §2, Ord. 2364 §135)
A. Determination of the Director to Perform Removal and Restoration Work. Where the director determines that an encroachment or excavation has been made in a public right-of-way or public service easement without a permit required by this chapter, in violation or contrary to the terms and conditions of a permit or order issued pursuant to this chapter, or in any manner that endangers the safety of persons or property, the director may remove such encroachment, refill such excavation and/or restore such public right-of-way or public service easement to the same or substantially the same condition as it was in prior to commencement of such encroachment or excavation, all for the account of and at the cost of the permittee or other person having made the encroachment or excavation, after service of any notice required by this chapter.
B. Service of Notice of Intent to Undertake Removal and/or Restoration Work. Upon determining to remove an encroachment, refill an excavation and/or perform restoration work in a public right-of-way or public service easement, the director shall cause written notice of such determination to be served on any person having undertaken the encroachment or excavation pursuant to a permit issued in the manner provided by this chapter. In addition to setting forth the intent of the director to perform such work, such notice shall set forth the reasons for undertaking such work and shall state that the permittee shall be liable for the full cost thereof. Except where the work to be performed by the director is necessary to remove or remedy the condition which threatens the safety of life or property, such notice shall also offer to the permittee the right to immediately undertake such work, at the permittee's sole cost and expense, provided the work is completed by the permittee within a reasonable time as determined by the director and set forth in the notice.
C. Liability for Cost of Removal or Restoration Work. Any permittee or other person having caused the encroachment or excavation which results in the performance of removal or restoration work by the director in the manner provided by this section shall, upon completion of such removal or restoration work, be liable to the city for the full cost thereof. In addition, where a surety bond or other security has been provided to the city as a condition of a permit authorizing construction or excavation work within a public right-of-way or public service easement, such surety or other security shall be liable to the city for the cost of such work to the full amount of the surety bond or other security.
(Ord. 1928 §2 (part, Ord. 2364 §136)
Any violation of the provisions of this chapter shall be an infraction which is punishable by a fine in an amount provided for by Section 1505 of the Charter of the City of Chico; except that a violation of an order revoking a permit, or an order to stop work or the removal or defacement of a notice of such order posted by the director in the manner provided by this chapter shall be a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months or by a fine not exceeding one thousand dollars or both.
(Ord. 1928 §2 (part), Ord. 2136 §8, Ord. 2364 §137)