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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

SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B17-36.4. Restoration; supervision; delayed failure of highway.

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

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Sec. B17-36.4. Restoration; supervision; delayed failure of highway.

(a) Any opening or excavation done under the authority of an encroachment permit shall be restored in the manner required and specified herein, which work shall be done in all cases under the supervision and to the satisfaction of the Director.

(b) If the pavement or surface of the highway over any excavation becomes depressed or broken at any time within five years after the excavation, natural wear and tear excepted, the permittee shall, upon the Director's written notice, immediately inspect the depressed or broken area to ascertain the cause of failure. The permittee shall repair the installation or backfill and restore the pavement as the Director specifies. No pavement cut cost recovery fee under article 2 of this chapter shall be charged for work performed under this subsection. If the work is not done as the Director requires, and unless delayed by a strike or conditions beyond the permittee's control, the Director may do the work after giving 24 hours final written notice. The cost of the Director's work, including any inspection costs and administrative overhead incurred by the County, shall be the obligation of the permittee. After the cost is paid to the County, the County shall be responsible for any future repairs of that portion of pavement over the excavation that the Director repaired.

(c) If pavement resurfacing occurs within five years after excavation, and prior to the appearance of depressed or broken pavement or surface over the excavation, the permittee shall have no further obligations under subsection (b).

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

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