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(a) Establishment of Fund. The Public Works Encroachment Fund is established as a category 8 fund to receive the maintenance endowment payments that permittees make in accordance with Public Works Code Section 786.8.
(b) Use of Fund. If any street encroachment permittee fails to perform maintenance in accordance with the terms of a street encroachment permit or abate any violation of permit terms, including any City required modification or restoration, under Public Works Code Sections 786 et seq., Public Works may use the Encroachment Maintenance Fund to cover any costs that Public Works or any other City agency, department, or commission, including the City Attorney’s Office, incurs in performing any street encroachment permittee’s maintenance obligation or abating a violation of any street encroachment permit. If the City incurs such costs while a permittee is paying the maintenance endowment required under Public Works Code Section 786.8 and the Department uses the Maintenance Endowment Fund to address such costs at the subject permittee’s street encroachment permit location, then the Department shall place any permittee reimbursed funds under Section 786.8(e) and (f) back into the Public Works Encroachment Maintenance Fund in an amount equivalent to such City costs, but in no case more than the subject permittee’s required maintenance endowment payment would have been at the time the City incurred such costs. If the Board of Supervisors requires a permittee to deposit money into the Encroachment Maintenance Fund for restoration under Public Works Code 786.8(h), then the Public Works Director shall use such money to restore the street encroachment permit area to a condition satisfactory to the Director if the permittee fails to do so at the permittee’s sole and absolute cost. If the restoration cost to Public Works is less than the amount of the deposit or the permittee completes the restoration at the permittee’s sole and absolute cost, the Public Works Director shall refund the any remaining deposit to the permittee if there is an active permittee. If there is no permittee in existence at the time of restoration to receive a refund, the Public Works Director may use the refund amount for the other purposes identified in this subsection (b).
(c) Administration of Fund. Public Works shall submit to the Board of Supervisors an annual written report of revenues to and expenditures from the Fund established in this Section.
(Added by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)