Chapter 12.08 RULES AND REGULATIONS FOR THE ISSUANCE AND ENFORCEMENT OF ENCROACHMENT PERMITS WITHIN THE PUBLIC RIGHT-OF-WAY

It is unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street right-of-way for any purpose or to place, deposit or leave upon any street or right-of-way any earth or other excavated material obstructing or tending to interfere with the free use of the street or right-of-way, unless such person shall first have obtained an excavation permit from the city as herein provided. A permit shall not be required for public utilities service installations or minor maintenance work in connection therewith, when such work is done on streets, prior to installation of street surfacing.

Each permit shall be construed as authorizing merely the temporary privilege to the extent permitted and subject to the conditions stated herein. No permit shall be deemed to transfer any right, title or interest of the city. The city may cancel a permit at any time and thereby terminate encroachment privileges. Encroachments permitted under this chapter shall be removed immediately after cancellation or expiration of the permit or the provisions of Section 12.08.130 shall then apply. (Ord. 496-95 § 2 (part), 1995)

12.08.020 Application and permit issuance.

No encroachment permit shall be issued unless a written application for the issuance of an encroachment permit is submitted to the city engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the city engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavation work, and such other information as may be prescribed by the city engineer. In its complete form, the application will be referred to the appropriate city departments for recommendations. After receiving such recommendations, the city engineer, or his designee, shall either deny or approve the application as submitted or subject to such terms and conditions as he shall consider necessary for the safeguarding of life and property. Approval of an application may be withheld if it is determined that proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety or convenience or it is found to be inconsistent with existing city ordinances or policies. The decision of the city engineer, or his designee, shall be made within thirty days after the application has been deemed complete by the city. (Ord. 496-95 § 2 (part), 1995)

12.08.030 Encroachment permit fees.

A permit fee shall be charged by the city for the issuance of an encroachment permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The encroachment permit fee shall be in an amount varying with the type of service to be opened or excavated under the permit issued as shall be provided by resolution of the city council. (Ord. 496-95 § 2 (part), 1995)

12.08.040 Incorporation of State Department of Transportation Specifications—Definitions.

Work within the city’s street-right-of-way shall be done in accordance with the appropriate provisions and construction details of the city standards and the specifications entitled “Standards Specifications for the State of California Department of Transportation,” current edition, insofar as the same may apply.

In case of conflict between the Standard Specifications and standards, conditions or provisions of the city, those of the city shall take precedence over and be used in lieu of such conflicting portions. When, in the Standard Specifications, the city of Cloverdale code or herein, the following terms are used, they shall be understood to mean and refer to the following:

A. “Department of Transportation or Division of Highways” means the engineering division, city of Cloverdale, California.

B. “Road commissioner” means the city engineer of the city of Cloverdale, California.

C. “Director” means the city engineer of the city of Cloverdale, California.

D. “City engineer” means the Cloverdale city engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

E. “State” means the city of Cloverdale, California.

F. “Laboratory” means the designated laboratory to test materials.

G. “Contractor” means the permit applicant, his authorized agent or employee or a licensed contractor working under contract to the applicant. (Ord. 496-95 § 2 (part), 1995)

12.08.050 Authority of the city engineer.

The city engineer shall decide any and all questions which may arise as to fees, bonds, insurance, the quality or acceptability of materials furnished, work performed, as to the manner of performance, and rate of progress of the work; in conjunction with construction or restoration of city-owned facilities. (Ord. 496-95 § 2 (part), 1995)

12.08.060 Alteration of plans.

All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No change shall be made of any plan or drawing after the same has been approved by the city engineer, except by obtaining additional approval of the city engineer. (Ord. 496-95 § 2 (part), 1995)

12.08.070 Superintendence.

Whenever the contractor is not present on any part of the work, he shall have present a superintendent or foreman in charge of the particular work. Instructions issued by the city engineer to the man in charge of the work shall be deemed to have been issued to the contractor. The applicant shall provide the city with an emergency contact person(s) for any needed emergency work to the improvement that are needed during non-work hours. (Ord. 496-95 § 2 (part), 1995)

12.08.080 Inspection.

The city engineer or his authorized agent shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of used hand employed in the construction or restoration of city-owned facilities. (Ord. 496-95 § 2 (part), 1995)

12.08.090 Protection of work.

The contractor must provide and maintain proper barricades, fences, signal lights or watchmen to protect properly the work, persons and property against injury. Additionally, it is unlawful for the permittee to permit to remain unguarded on the job site any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract nonconstruction individuals and be hazardous to their safety or health.

The city reserves the right to remedy any neglect on the part of the contractor as regards the protection of the work, after twenty-four hours notice in writing except in case of emergency, when he shall have the right to remedy any neglect without notice, and in either case, to invoice the cost of such remedy to the contractor. The contractor will be responsible to pay any costs associated with emergency repairs within thirty days on receipt of invoice. If no payment is received, the city shall use posted surety to cover any city incurred costs. (Ord. 496-95 § 2 (part), 1995)

12.08.100 Care of existing structures.

The contractor shall be liable for any damage done to any structures arising through his operations. He shall take care of and maintain all sewers, drains, culverts and house services encountered in the performance of the work. The contractor shall take care of all pipes for water, sewer, steam or gas, and all wire conduits as well as any underground structures crossing such work. No utility owned by the city shall be moved to accommodate the permittee without written consent of the city engineer and the cost of such work shall be borne by the permittee.

The contractor shall repair all damage done to any of the said structures through his acts or neglect. He shall in all cases leave them in as good condition as they were prior to the commencement of the work. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer shall have the authority to cause the necessary labor and materials to be furnished by the city and the cost on his or its bond/surety therefore. (Ord. 496-95 § 2 (part), 1995)

12.08.110 Maintaining traffic.

Attention is directed to Sections 7-1.08, Public Convenience, and 7-1.09, Public Safety, of the Standard Specifications and these special provisions.

In connection with Section 7-1.08, Public Convenience, all lights, barriers, barricades, flagmen or other devices necessary to provide for public safety shall be the contractor’s responsibility and shall be the contractor’s responsibility and shall be furnished and maintained by the contractor at his own expense.

The contractor shall provide, install and maintain for the duration of the work as required, all lawful or necessary barricades and railings, lights, warning signs and signals, and shall take all other precautions as may be required to safeguard persons, automobile traffic, the site and adjoining property, including improvement thereon against injuries and damage of every nature whatsoever. It will be the contractor’s responsibility for safety along the entire project.

The contractor shall also keep the fire and police department informed at all times and shall notify them (in writing) seventy-two (72) hours in advance of any proposed street closures to traffic. The contractor shall maintain access for emergency vehicles at all times. (Ord. 496-95 § 2 (part), 1995)

12.08.120 Obstructions—Removals.

Attention is directed to Section 8-1.10, Utility and Non-Highway Facilities, of the Standard Specifications.

The contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Section 7-1.1 1, Preservation of Property, and 7-1.12, Responsibility for Damage, of the Standard Specifications, the contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting form his construction operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces.

The contractor will be held responsible for any damage he may do to existing installations such as fences, trees, curbs, conduits, pipes, etc., which are to remain in place.

All property to remain shall be properly protected from injury or damage. Should any such property be damaged, the same shall be repaired or replaced with material fixtures, or equipment of the same kind, quality, the size or better.

If any encroachment exists in, under or over any public right-of-way which is not otherwise authorized by city approval, the city may require the removal of such encroachment in a manner provided in this section. Written notice shall be given to the owner, occupant or person in possession of the encroachment, or to any other person causing or suffering the encroachment to exist, by serving upon such person a notice containing a demand for immediate removal of such encroachment from within the public right-of-way. Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location. The notice shall state that the encroachment was noted as to its location and tenure and requests that it be permanently removed within twenty-four hours of receipt of this notice. If not removed within twenty-four hours or it is documented to occur a second time after expiration of the twenty-four-hour period, city personnel will remove said encroachment. The costs of its removal and its storage or other disposition shall be imposed on the recipient of the notice.

In lieu of personal service upon such person, service of such notice shall be made by registered mail. In the case of an owner, occupant or person in possession, who is not present in the city, the notice may be given to his agent in lieu of service by mailing and posting. In the case of a business, notice may be delivered to a person apparently in charge of the business premises during normal business hours.

The recipient of the notice, or other person directly responsible for the encroachment may appeal the city’s rights to remove the encroachment the recipient must, within the twenty-four-hour period after receiving the notice, file a written appeal with the city engineer. The decision of the city engineer or his/her agent shall be rendered within twenty-four hours of its receipt and shall be final for the city, unless it is appealed to the city council. The party opposing the removal shall have the right to present written or oral testimony or argument in support of his or her protest and the city engineer shall base his or her decision on the evidence and argument presented prior to his or her decision. Nothing in this section providing for this right to appeal shall excuse the owner, occupant, person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, from removing the encroachment as required by this chapter during the period of appeal. (Ord. 496-95 § 2 (part), 1995)

12.08.130 Summary removal of encroachment by city.

The city may immediately remove from any public right-of-way any encroachment which:

A. Is not removed, or the removal of which has not commenced and thereafter diligently prosecuted, prior to the expiration of three calendar days from and after the date of the notice required by Section 12.08.120; or

B. Obstructs or prevents the use of such right-of-way by the public and presents a hazard that cannot be allowed to continue for a period of three calendar days; or

C. Consists of garbage, refuse and/or rubbish.

D. Under such removal, the city, at its option: (1) return the encroachment to its owner; (2) store it at the owner’s expense, in which case the city shall have a lien on the encroachment equal to its reasonable storage costs; or (3) dispose of it in any manner it deems appropriate. (Ord. 496-95 § 2 (part), 1995)

12.08.140 Monuments and benchmark.

Existing land subdivision monuments or benchmark shall be fully protected for damage or displacement and they shall not be disturbed unless approved by the city engineer.

Any monuments or benchmark damaged or displaced by the contractor shall be reset as directed by the city engineer. (Ord. 496-95 § 2 (part), 1995)

12.08.150 Trench excavation safety.

The work performed in connection with trench excavation shall conform to the provisions in Section 5-1.02A, Trench Excavation Safety Plans, of the Standard Specifications.

All excavations shall be performed, protected and supported as required for safety and in the manner set forth in the operational rules, orders and regulations prescribed by the CAL-OSHA State of California Construction Safety Orders. Barriers shall be placed at each of all excavations and at such places as may be necessary along excavations to prevent accidents.

Flashing lights shall also be placed along excavations from sunset each day to sunrise of the next day until such excavation is entirely refilled. It shall be the contractor’s responsibility to comply with all safety requirements.

Bracing, Shoring, Sheeting. Soils within the project may exhibit unstable characteristics. Particular attention is directed to the safety requirements concerning, but not limited to shoring, bracing, etc. All excavations shall be properly supported in the manner described by the latest rules, orders and regulations of CAL-OSHA State of California Construction Safety Orders and the Department of Industrial Relations of the State of California. (Ord. 496-95 § 2 (part), 1995)

12.08.160 Public conveniences.

The contractor shall so conduct his operations as to cause the least possible obstruction and inconveniences to public traffic. Unless other existing streets are stipulated in the permit to be used as detours, controlled traffic shall be permitted to pass through the work.

Access to residences and business along the street shall be maintained and temporary crossing shall be provided and maintained in good condition. Not more than one cross or intersection street shall be closed at any time without the approval of the city engineer. Pedestrian walks will be provided and maintained during construction. (Ord. 496-95 § 2 (part), 1995)

12.08.170 Responsibility for damage.

The city council, or the city engineer, shall not be answerable or accommodate in any manner for any loss or damage that may happen to the work or any part thereof, or for any material or equipment used in performing the work, or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the work at any time and the contractor shall hold the city and its agents harmless therefrom. (Ord. 496-95 § 2 (part), 1995)

12.08.180 Insurance.

A. The applicant will be responsible for providing certificate(s) of liability insurance and a dated and signed copy of specific endorsements prior to issuance of the permit.

B. The applicant shall obtain insurance acceptable to the city from a company or companies acceptable to the city (insurers with a current A.M. Best’s rating of no less than A:VII). The required documentation of such insurance shall be furnished to the city at the time applicant submits a completed application for permit. The required documentation consists of:

1. Certificate(s) of liability insurance showing the limits of insurance as required hereafter; and

2. Worker’s compensation insurance as required by the State of California and Employer’s Liability Insurance; and

3. If applicable, course of construction insurance covering for “all risks” of loss; and

4. Dated and signed copies of the specified endorsements for each policy.

C. Applicant shall take out and maintain at all times during the life of the permit personal injury and property damage insurance for all activities of applicant arising out of or in connection with this permit written on a comprehensive general liability form including, but not limited to, applicant’s activity, contractual coverage, contractor’s protective (if applicable) and auto in an amount no less than one million dollars combined single limit personal injury and property damage for each occurrence.

D. The dated and signed policy endorsements to be submitted by applicant shall contain the following specific language.

1. The city, its officers and employees is named as additional insured for all liability arising out of the operation which are subject of this permit.

2. The insurance provided hereto is primary coverage to the city with respect to any insurance or self-insurance programs maintained by the city.

3. Coverage provided by this policy shall not be reduced or canceled without thirty days written notice ten days for non-payment of premium, given to the permits coordinator, city of Cloverdale, P.O. Box 217, Cloverdale, CA. 95425.

4. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company’s liability. (Ord. 496-95 § 2 (part), 1995)

12.08.190 Cleaning up.

As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time, as may be ordered by the city engineer, and in any event, upon completion of the work, the contractor, at his own expense, shall clean the street or road of all rubbish, excess materials, temporary structures and equipment. Upon failure to comply with cleanup requests from the city engineer within a twenty-four-hour period after having been notified to do so, said work may be done by the city engineer and the cost thereof charged to the permittee and the permittee shall also be liable for the cost thereof under the posted surety posted for the work. Additionally, the city shall have an action to recover the expense of such cleanup or removal, costs and expenses of suit, including reasonable attorney’s fees and, in addition thereto, the sum of twenty-five dollars for each day such encroachment remains after the expiration of three calendar days from the date of this notice. All parts of the work shall be left in a neat and presentable condition. Final clearance shall be obtained by the city upon inspection of the work. (Ord. 496-95 § 2 (part), 1995)

12.08.200 Aggregate base.

Aggregate base shall be three-fourths inch Class 2 aggregate base conforming to the provisions of Section 26, Aggregate Base, of the Standard Specifications except that testing shall be carried out according to Section 9, Testing. (Ord. 496-95 § 2 (part), 1995)

12.08.210 Asphalt concrete.

Asphalt concrete shall be Type B (one-half inch maximum aggregate) using 120-150 penetration grade paving asphalt, mixed and placed in strict accordance with the provisions of Section 39, Asphalt Concrete, of the Standard Specifications. (Ord. 496-95 § 2 (part), 1995)

12.08.220 Testing.

If requested, the contractor shall submit certification of Class 2 aggregate base prior to actual construction. The number of relative compaction tests shall not exceed an average of one per three hundred feet of trenching at locations determined by the city engineer. One test may be required for trenches less than three hundred feet. Upon request of the testing laboratory, the contractor shall provide equipment and operator required to expose portions of work for testing at no cost to the city. (Ord. 496-95 § 2 (part), 1995)

12.08.230 Laws to be observed.

The contractor shall keep himself fully informed of all existing and future state and federal laws and county and municipal ordinance, and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies of tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the city, and all officers and employees thereof connected with the work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

All applicable work shall be in compliance with the current edition of California Health and Safety Code and the California Administrative Code, Title 22. (Ord. 496-95 § 2 (part), 1995)

12.08.240 Temporary street repairs.

Paved surfaces which have been damaged by the contractor’s operations shall be brought up to grade with specified base course, the required compaction achieved and a temporary wearing surface of “cold mix” asphalt concrete may be placed.

A temporary wearing surface of “cold mix” must be placed immediately after the placement of backfill if inclement weather is predicted, when a permanent repair with hot asphalt is not scheduled to be placed with forty-eight hours or at the direction of the city engineer if he deems traffic conditions warrant.

The placement of temporary “cold mix” must be done in such a manner as to prevent the intrusion of any water into the base material.

Upon notification by the city engineer a temporary “cold mix” surface shall be repaired within eight hours or sooner if inclement weather appears imminent.

If the repairs to the “cold mix” surface are not accomplished within the eight hours or prior to inclement weather, the city shall repair same and invoice the cost to the contractor.

Within ten working days the contractor shall remove the temporary “cold mix” surface, trim the pavement edges and place a hot asphalt concrete surface, unless otherwise approved by the city engineer.

Upon application, the city engineer may extend the time allowed for the removal of a temporary “cold mix” surface if the contractor can show good cause, such as inclement weather, availability of material or on large construction projects requiring extensive paving. (Ord. 496-95 § 2 (part), 1995)

12.08.250 Boring, jacking and trenching.

All lateral or perpendicular crossings of paved streets shall be accomplished by boring or jacking under the street without disturbing the street surface with following exceptions:

A. Utility crossing which must terminate in the street paved area to accomplish a connection;

B. Satisfactory evidence is submitted in support of physical or engineering hardship or constraint. (Insufficient street width, rock, underlay, etc.);

C. In the opinion of the city engineer the street surface is in such a deteriorated condition it does not warrant boring or jacking. (Ord. 496-95 § 2 (part), 1995)

12.08.260 Plans.

For other than minor work (as determined by the city engineer) the contractor shall submit three sets of plans and specifications, and when requested two sets of engineering calculations. (Ord. 496-95 § 2 (part), 1995)

12.08.270 Security and bonds.

Prior to issuance of the permit the contractor shall provide the city engineer with a performance and payment bond or cash for one hundred percent of the work within the right-of-way or one thousand dollars, whichever is greater, to assure that the work is completed in accordance with approved plans and specifications, in a timely manner and in accordance with the conditions and provisions contained herein.

In lieu of a surety bond the city engineer may require or the applicant may elect, to file a cash bond or instrument of credit. (Ord. 496-95 § 2 (part), 1995)

12.08.280 Protection of existing street surface.

During the entire construction period, the contractor shall take care to protect existing pavement or sealed surfaces. Backhoes and trenchers must have street pads. Grousers or metal tipped pads will not be allowed. Surfaces scarred by cleanup or excavation equipment shall be repaired in a manner satisfactory to the engineer. Any and all damage caused by the contractor’s operations to existing roads and streets shall be repaired by him to the satisfaction of the city engineer, at no additional cost to the city. (Ord. 496-95 § 2 (part), 1995)

12.08.290 Emergency and after hours work.

Excavations and temporary repairs may be made in city’s streets without first obtaining a permit when the following conditions exist:

A. Emergency work requiring immediate action to repair utilities at any time;

B. Urgent work to repair utilities outside of normal working hours.

In either case, an encroachment permit shall be obtained as soon as emergency repairs are completed or the next working day and prior to making permanent restoration of the street. (Ord. 496-95 § 2 (part), 1995)

12.08.300 Trench settlement.

The contractor shall guarantee his work against trench settlement for a period of one year, and shall repair all damage caused by settlement within that time. (Ord. 496-95 § 2 (part), 1995)

12.08.310 Future moving of installation.

Permittee agrees that if necessary for a city construction project, said encroachment will be relocated at permittee’s own sole risk, cost and expense. (Ord. 496-95 § 2 (part), 1995)

12.08.320 Depth of pipes.

In the street right-of-way there shall be a minimum of thirty-six inches of cover over all pipelines or conduits (or depths as required by CRU.C. Gen. Order 128). (Ord. 496-95 § 2 (part), 1995)

12.08.330 Permission from property owners.

Whenever necessary to cross private property or improvements that will impact private property, permittee shall secure written permission from abutting property owners, and shall provide copies of the written permission to the city prior to the starting of any work hereunder. (Ord. 496-95 § 2 (part), 1995)

12.08.340 Concrete curing.

Newly poured concrete improvements, such as cross gutters, driveways, sidewalks and curbs, shall be barricaded and closed to vehicular traffic for a minimum of seven days. Any concrete damage during work under this permit will be the responsibility of the permittee to remove and replace at his expense. (Ord. 496-95 § 2 (part), 1995)

12.08.350 Fences.

Fences constructed directly adjacent to city right-of-way shall not exceed four feet in height. Within the sight triangle (established by a diagonal line joined with points on front and side property lines of a corner lot measured thirty feet from the point of intersection of such property lines) a fence shall not exceed three feet in height unless it is constructed of materials which will not obstruct vision (e.g., chain link), in such case it should not exceed four feet in height. Fences shall not interfere with the maintenance or inspection of water meters. Fences shall not be allowed to encroach into city right-of-way. (Ord. 496-95 § 2 (part), 1995)

12.08.360 Regional notification center.

As per California Government Code Sections 4216 and 4217, every owner of a subsurface installation shall become a member of a regional notification center (USA) and no encroachment permit for excavation can be issued until permittee has contacted the center two working days in advance and obtained an inquiry identification number. (Ord. 496-95 § 2 (part), 1995)

12.08.370 Pre-construction meeting and schedule.

Prior to commencing work, contractor shall provide the city with a construction schedule and shall schedule a pre-construction meeting with the city and any affected utility company at least forty-eight hours prior to start of construction. (Ord. 496-95 § 2 (part), 1995)

12.08.380 Prompt completion and restoration required.

The permittee shall prosecute with diligence and expedition all work covered by the encroachment permit and shall promptly complete such work and restore the street to its original condition, or as near as may be practicable, not later than the completion date specified in the permit, unless otherwise authorized by the city engineer. (Ord. 496-95 § 2 (part), 1995)

12.08.390 Violations.

A. If an applicant performs any construction within the city right-of-way without obtaining an encroachment permit, the applicant shall stop work immediately (if work is in progress), shall obtain an encroachment permit and shall pay double the fees due, as well as demonstrate, to the satisfaction of the city engineer, that the work meet the standards as set forth by the city. To demonstrate compliance with city standards the applicant may be required to remove or uncover portions of the improvements at the applicant’s expense. If improvements are found to be substandard, the applicant shall remove all substandard portions and replace them to city standards.

B. Any violations to any provision of these rules and regulations or conditions placed on an encroachment permit may result in immediate suspension of all work and/or citation. If work is suspended, no work shall commence until all violations are satisfied, as determined by the city engineer.

C. The city may enforce this chapter as follows:

1. Criminal Enforcement. A violation of any provision of this chapter shall be deemed a misdemeanor and punishable under the general penalty provisions of the Cloverdale Municipal Code and upon conviction a violator may be fined a maximum of one thousand dollars and/or up to six months in the county jail or both.

2. Civil Enforcement. In addition to or in lieu any criminal penalties imposed, the city may proceed to abate the violation as follows:

a. If the owner, occupant or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or deems the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the city may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the city, said judgment shall include, in addition to adjudging the encroachment a nuisance and abating it, statutory damages of twenty-five dollars for each day such encroachment remains after the service of notice, and shall also include the city’s costs and expenses incurred in such action, including reasonable attorney’s fees.

b. The city may, in its discretion, consider the violation to be a public nuisance and pursuant to Government Code Sections 38771 et seq., at the direction of the city council, have the city attorney initiate proceedings for the abatement and removal of such a nuisance. (Ord. 496-95 § 2 (part), 1995)