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Ord 2390
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Ord 2390
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Last modified
1/30/2013 10:44:04 AM
Creation date
1/30/2013 10:44:02 AM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/28/2013
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01/28/2013 <br /> Sec. 29.18. Notice of Commencement of Work. <br /> In addition to obtaining an encroachment permit pursuant to this chapter, before <br /> beginning any excavation in any right-of-way or City property, construction on <br /> any street, curb, gutter or driveway approach, planting, pruning or removing <br /> trees, making, placing or causing an obstruction in any street, the permittee shall <br /> notify the City at least twenty-four (24) hours in advance of the exact date and <br /> time work will commence unless, in the case of a continuing maintenance permit <br /> this requirement is specifically waived in the Permit. <br /> Sec. 29.19. Completion of Work. <br /> Upon completion of all work authorized in the permit, the permittee shall notify <br /> the City. No work shall be deemed completed until notification of completion is <br /> given and the work is approved by the City. Bonds or other security shall not be <br /> released or returned until all required inspections have been performed and all <br /> work has been approved by the City. <br /> Sec. 29.20. Abandonment or Removal. <br /> A. Upon the expiration of any encroachment permit, if the permittee shall not <br /> have acquired an extension or renewal thereof and accepted the same, the <br /> permittee shall remove all property, structures, cable, equipment or other <br /> facilities and appurtenances from the right-of-way and restore the right-of-way <br /> to its former condition. If permittee fails to so remove its property and so <br /> restore the right-of-way, the City may remove such property and restore the <br /> right-of-way to its former condition. The permittee shall reimburse the City <br /> upon demand for all expenses incurred by the City in removing permittee's <br /> property and restoring the public place or right-of-way. <br /> B. If the permittee abandons use of structures, cable, equipment or other <br /> facilities placed in the right-of-way pursuant to the permit, then at City's <br /> option, City may require the permittee to remove all such structures, cable, <br /> equipment or facilities or may elect to accept ownership, in which case, title to <br /> such structure, cable equipment or other facilities shall vest in the City. <br /> Abandonment shall be presumed if the permittee stops use of its property, <br /> equipment, structures, facilities or other property placed in the right-of-way or <br /> City property, for a period of one hundred eighty (180) days. <br /> Sec. 29.21. Revocation of Permit. <br /> A. The Director may revoke and terminate any encroachment permit granted <br /> pursuant to this chapter upon complaint based upon substantial evidence of <br /> any of the following: (1) the permittee failed to pay when due, any fee as <br /> required by the permit; (2) the conditions of the Permit are being or have <br /> been violated; (3) the provisions of this chapter or any other City, state or <br /> federal regulation are being or have been violated; (4) the construction <br /> activity caused unreasonable disturbance in the vicinity of the work site; (5) a <br /> delay in the completion of the work or use authorized by an encroachment <br /> permit is due to lack of diligence on the part of the permittee; or (6) the right- <br /> of-way or City property or any portion thereof, occupied and used by the <br /> ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 <br /> REV:01-22-13 PT FORMERLY MUFF#305 <br /> Page 17 of 28 <br />
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