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No person, firm or corporation shall construct, reconstruct, alter, repair, move, improve, grade or demolish any sidewalk area or portion thereof as defined in subsection G of Section 12.16.010, or cause the same to be done, without first obtaining an encroachment permit for such work from the director’s office.

A. The process for obtaining an encroachment permit is prescribed by Chapter 12.04.

B. General Provisions of the Permit.

1. It is understood and agreed by the permittee that the issuance of the permit shall constitute the acceptance of the provisions of this chapter.

2. The permit shall be posted on the job site in a conspicuous place and easily accessible.

3. All work done shall be done in a thorough and workmanlike manner. Any work not so done shall be corrected by the permittee at his or her expense at the request of the director.

4. The permittee shall be responsible for preserving all stakes unless authorized to remove such stakes by the director.

5. The permit shall be null and void if the work is not commenced within sixty days from the date of issue or within sixty days of notification that grades are ready, and completed within thirty days thereafter. Permits voided by limitation shall include forfeiture of the permit and inspection fee. Any work performed after such nullification shall be covered by a new permit, and permit and inspection fee.

6. The permittee shall remove at his or her own expense all obstructions such as trees, stones, debris, roots, etc. that are encountered in prosecution of the work.

7. The permittee shall safeguard the public at all times during the course of the work by the erection of barricades, lights and bypass walkways subject to directions by the director. Each permittee is solely responsible for damage or liability occurring by reason of anything done or omitted by the permittee or his or her agent, employee, servant or subcontractor, or in connection with any work, authority or jurisdiction delegated under any permit issued as a result of an application; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees or servants from any and all loss, including costs of defense and attorney fees, and liability resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter.

8. Any underground utilities damaged during the course of the work shall be the responsibility of the permittee.

9. In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will be notified by the permittee or director to move such property within a specified reasonable time, and the permittee shall not interfere with the property until after the expiration of the time specified. The cost of necessary relocations of existing facilities shall be borne by the permittee of the owner of the facility in accordance with the teens of other franchise agreements, encroachment permits or other pertinent regulations.

10. The right is reserved to the owners of public utilities and franchises to enter upon the street for the purpose of making repairs or changes of their property that may become necessary by the work. The city shall also have the privilege of entering upon the street for the purpose of maintaining and/or constructing public facilities.

11. Before placing concrete, the forms are to be inspected and approved. Request for inspection must be made at least four working hours in advance.

12. The permittee shall remove all surplus material and rubbish from the work and fill to grade with approved material all holes and depressions in adjacent areas.

13. For further provisions, attention is called to the city standard specifications for concrete driveway, sidewalk and combination curb and gutter. (Ord. 1132 § 1 (part), 1989: prior code § 7330.2)