(A) It shall be unlawful for any person to excavate in or to construct, install, or maintain any improvement, structure, or encroachment in, on, over, or under any city property, tidelands, street or easement without first obtaining from the Director of Public Works a permit therefor, or to maintain the same without such permit or in violation of the terms or conditions thereof.
(B) Permits shall be issued by the Director of Public Works only upon receipt of a complete written application and payment of the required fees and deposits. Application shall be on forms provided by the city and shall include the following information unless waived by the City Engineer:
(1) The name and residence of the applicant;
(2) The location, purpose, and dimensions of the proposed excavation, construction, improvement, structure, or encroachment;
(3) The name and address of the person who will perform the work; and
(4) Such additional information as the Director of Public Works may require based on the nature, scale, duration or potential impacts of the proposed work.
(5) A current City of Eureka Business License.
(6) Current evidence of insurance.
(7) Twenty-four hour phone number and name for emergencies.
(8) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Eureka.
(9) If the project includes street excavations, plans indicating the following shall be submitted:
(a) Name of the street to be excavated and the nearest cross street.
(b) Distance of proposed excavation from the face of curb.
(c) Distance of proposed excavation from the intersection.
(d) The size of the excavation (length and width).
(e) The location of any above ground facilities to be installed, showing:
1. Distance from curb and any street facilities/furnishings.
2. Purpose of the facility.
3. Size of the facility.
4. Location of doors and door swings.
(f) The location of any existing underground facilities and the location of underground facilities to be installed showing:
1. Conduit vaults, maintenance holes, pipes, etc.
(g) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(h) The construction method of the structure to be installed.
(i) Construction detail, location, size, design criteria and the purpose of the facility to be installed.
(j) Cross section of a typical trench indicating:
1. The approximate depth of the facility to be installed.
2. Trench backfill material, depth, compaction and layer depths.
3. Pavement section detail (type and depths).
4. Plans, structural details, and trench cross section must be signed and stamped by a licensed Civil Engineer, when legally required.
(10) A traffic control plan.
(a) No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically approved for these hours.
(11) Estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
(C) If the permittee damages other facilities during their work and additional work is needed beyond the scope of the original permit, the permittee will need an additional encroachment permit or amended permit at the discretion of the Engineer.
(D) The original permittee shall maintain and restore the site including any affected concrete, pavement, signage or striping to the satisfaction of the City Engineer.
(E) Except in an emergency, permits shall be obtained in advance of any work. An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days. In the event of an emergency, the person performing the work shall notify the City of Eureka and apply for an encroachment permit for "emergency work" within four hours after the City of Eureka's office opens.
(F) Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
(1) When work shall be performed.
(2) When work shall be completed.
(3) Date and time before which work shall not start.
(G) Permits expire and become void, unless otherwise amended:
(1) Sixty days after the start date, if no work has begun.
(2) If the work is not diligently proceeding and there are delays of more than four working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
(3) When the work, including the trench restoration, is completed or on the date specified on the permit as the expiration date.
(4) When the insurance certificate for the permittee expires.
(5) If the city receives notification that the permittee's insurance has been cancelled.
(H) The work is determined to be proceeding diligently if:
(1) After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
(2) The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
(I) A valid permit may be extended by requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. Proof of insurance through the extension period must be provided. The Engineer reserves the right to deny a request for extension.
(J) If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of any deposit or bond funds; all other permit fees are non-refundable.
(K) To request a refund, a request must be submitted in writing to the City Engineer. The request shall include:
(1) The reason for cancellation or withdrawal.
(2) The permit number.
(L) By accepting an encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:
(1) To follow all laws, rules, regulations, and permit conditions.
(2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and permit conditions.
(3) To indemnify the City of Eureka against all claims for personal injury or property damage that may arise in connection with the work.
(M) The encroachment permit shall be available during work periods at the project site, until the project is completed and approved by the Engineer. Permit(s) shall be shown to the City of Eureka employees upon request.
(N) The permittee shall provide notification to the public as required by the City Engineer when working within the public right-of-way. Required notice procedures may include posters, door hangers or other means of informing residents of the nature and duration of the work and to providing a point of contact for emergencies or complaints.
(Ord. 887-C.S., passed 8-6-19)