§ 17.284.020. Encroachments and excavations.

No person, including firms, corporations, public districts, public agencies or political subdivisions, shall make any excavation in, or construct, install or maintain any improvement, structure, utility or encroachment in, on, over or under any district facility, right-of-way or easement thereof, without first obtaining from the district general manager-chief engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the district general manager-chief engineer only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the county of Riverside, or a public district, public utility or public service agency having lawful authority for the purpose specified, or a developer whose development has been approved by the flood control district, county of Riverside, or city with jurisdiction, or the owner of an easement for such purpose within the district's right-of-way and/or easement, or if the general manager-chief engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to district facilities or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the district to use the right-of-way and/or easement for public drainage purposes. Every such permit shall be subject to such conditions as the district general manager-chief engineer determines are necessary to assure the safety of the public and the restoration of the right-of-way and/or easement. If any permittee shall fail to refill any excavation or to restore the district's right-of-way or easement to its same condition as prior to the permitted work, the district general manager-chief engineer shall have the right to perform said work and collect in the name of the district the cost thereof.

(Ord. 19 § 2, 2004: Ord. 18 § 2, 2004)