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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B17-35. Permit terms and conditions.

(a) Any permit issued by the Director under this article may contain any of the terms and conditions authorized by Sections 672 to 675, inclusive; and Sections 677 and 678 of the California Streets and Highways Code to be included in permits to be issued by the State of California Department of Public Works for encroachments and obstructions on state highways. Any permit issued shall also contain such requirements and specifications for the work to be performed as are applicable and that have been adopted by action of the board of supervisors.

(b) All duties and obligations to relocate contained in any permit issued by the Director under this article shall not run in favor of the state in the event the highway involved becomes a state freeway.

(c) As a condition of issuing an encroachment permit, the Director may require a field inspection with representatives of both the applicant and the Director. A description of the condition of any existing improvements including pavement and shoulders shall be filed with the Director and the applicant. Existing improvements disturbed by operations under the permit shall be restored at the permittee's expense to the Director's satisfaction. The Director may exempt small utility extensions and lateral connections to existing sanitary sewers from the requirement of prior field inspection.

(d) All persons, except public utilities, applying for an encroachment permit shall take out, pay for and maintain during the duration of the permit, a policy of public liability and property damage insurance protecting the permittee, its agents and employees against any liability for injury or death sustained or suffered by the public or damage to the property of the public by reason of the work relating to the permit. The public liability insurance shall be for limits of at least $300,000 for injury to one and $500,000 for injury to more than one person, and the property damage insurance limit shall be at least $100,000. The insurance shall be placed with a company satisfactory to the County's Risk Manager before work is commenced. The policy or policies of insurance shall name the County, its officers and employees as additional named insureds and shall contain an endorsement precluding cancellation or reduction in coverage unless the County's Risk Manager is given at least ten days advance written notice.

(e) No person in violation of this chapter shall be issued an encroachment permit, nor shall any contractor or agent apply for or be issued an encroachment permit on behalf of the person, until all outstanding violations are corrected or the Director approves a plan for correction, which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be sought by the County.

(Ord. No. NS-703.9, 5-18-04)

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