Chapter 12.20 USE OF CITY PROPERTY

This chapter shall be known and may be cited as the “Encroachment Ordinance as Pertaining to Public Property of the City of Folsom.” (Ord. 905 § 2 (part), 1999)

12.20.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

“Administrative authority” means the city manager of the city or his duly delegated representative.

“Construction standards” means the most current edition of the Standard Construction Specifications of the City of Folsom.

“Encroachment” means going upon, over, or under public property, or placing any facility upon, along, across, over, or under public property, or using any public property in such a manner as to prevent, obstruct or interfere with the use of that public property. Encroachments include, but are not limited to buildings, fences, sports equipment not in use, signs, trees, plants, underground facilities and construction and landscape material or any excavations on public property.

“Excavation” means any opening under, in, or across the surface of public property made in any manner whatsoever, except an opening into a lawful structure below the surface of public property, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public property.

“Facility” means any pipe, pipeline, tube, hose, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, public improvement, or object of any kind or character, including a building, portion of a building, or any other structure, whether enumerated herein or not, which is or may be lawfully constructed, used, operated, left, placed, or maintained in, upon, along, across, under, or over any public property.

“Permit” means encroachment/excavation permit as referred to in this chapter.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind. “Person” does not include city of Folsom or anyone under contract with the city working on city projects unless specifically provided for in a written contract.

“Plans” means those drawings prepared by an appropriately licensed professional engineer.

“Public property” means any public street, roadway, place, alley, sidewalk, parkway, square, plaza, easement, right-of-way, or any other similar public property dedicated to public use.

“Sketch” means a drawing that shows a concept or location of facilities.

“Substructure” means any pipe, conduit, duct, tunnel, buried cable or wire, or any other similar structure located below the surface of any public property.

“Utility” means a private company and/or corporation operating under regulation of the Public Utilities Commission, or municipal/county department or other governmental agency engaged in providing a particular service to the general public. (Ord. 1309 § 2, 2020; Ord. 905 § 2 (part), 1999)

12.20.030 Purpose and intent.

The purpose of this chapter is to establish regulations to control encroachments into public property by requiring encroachment permits and to establish measures for the protection of life and property, including traffic and pedestrian safeguards. Additionally, this chapter defines construction standards, prescribes application procedures for encroachment permit issuance, establishes bonding and liability requirements and prescribes penalties for violations of its provisions. This chapter does not apply to work undertaken by the city of Folsom or through its contractors unless specifically provided for in a written contract. (Ord. 1309 § 3, 2020: Ord. 905 § 2 (part), 1999)

12.20.040 Encroachment permit required.

It is unlawful for any person to place, erect or maintain, or to permit the placement, erection, maintenance or existence of any encroachment upon, over or under any public property without an encroachment permit with the following exceptions:

A. Existing cornices, eaves, porticos and overhangs within the historic district, as defined in Chapter 17.52 of the Folsom Municipal Code.

B. Any existing encroachments in the city on the effective date of the ordinance codified in this chapter, until such time as repairs/refurbishments effecting fifty percent or more of the encroaching structure’s value and/or size are accomplished. At that time an encroachment permit shall be obtained.

Encroachments maintained in the public right-of-way prior to the effective date of the ordinance codified in this chapter may remain in the public right-of-way until such time as the administrative authority determines that the encroachment presents a hazard, public nuisance or restriction to access or use of administrative authority owned property. At such time the city shall direct removal of such encroachment at the sole expense of the current owner of said encroachment. (Ord. 905 § 2 (part), 1999)

12.20.050 Encroachment permit required related to swimming pool construction.

Prior to the commencement of any excavation associated with construction of a swimming pool, where excavation or other equipment, including but not limited to high lifts, front end loaders, dump trucks, forklifts, bobcats, skip loaders, and tractors, will traverse existing sidewalks or other public improvements, an encroachment permit shall be obtained. (Ord. 905 § 2 (part), 1999)

12.20.060 Encroachment permit required related to building construction.

Prior to the commencement of construction of a new building or for additions to existing buildings, where construction or other equipment, including but not limited to high lifts, front end loaders, dump trucks, forklifts, bobcats, skip loaders, and tractors, will traverse existing sidewalks or other public improvements, an encroachment permit shall be obtained. (Ord. 905 § 2 (part), 1999)

12.20.070 Utility permits.

The administrative authority may issue utility permits to a utility to make excavations for the location of trouble in conduits or pipes, for making repairs thereto, or for emergency purposes. Utility permits shall be issued on a yearly basis only, and will authorize excavation only as stated above. Utility permits shall not be issued for installation of new facilities. (Ord. 905 § 2 (part), 1999)

12.20.080 Relocation or removal of encroachment.

When any encroachment authorized hereunder is found to be in conflict with the use of public property or existing or proposed facilities owned, maintained, or operated by the city, such encroachment shall, upon written notice by the city, be relocated in such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. If the permittee fails to comply with said written notice within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee. (Ord. 905 § 2 (part), 1999)

12.20.090 Application.

A. An application form, provided by the administrative authority, shall be submitted before any encroachment permit is issued. The application shall contain the following information:

1. The name, address, and telephone number of the applicant;

2. The purpose of the proposed encroachment;

3. The location and dimensions of the proposed encroachment;

4. The approximate date on which construction is proposed to begin, if applicable;

5. The approximate duration of the construction;

6. The name and contractors license number of the person performing the construction;

7. Plans or sketches necessary to describe the construction;

8. The disposal site for material to be removed from the site;

9. The signature of the applicant;

10. Acknowledgment by the applicant that insurance, indemnification and performance security requirements must be satisfied prior to a Permit being issued.

B. Upon review of the application, the administrative authority may impose conditions on the permit, in order to insure the safety of the public and to protect and preserve the public property. If the administrative authority denies the application, written notice shall be provided to the applicant.

C. The permit, if issued, will be prepared and issued when fees have been paid, insurance documents and performance security have been reviewed and accepted, and the applicant has signed the permit.

D. Each permit shall state a time when all the work to be done thereunder shall be completed. The administrative authority may grant extensions of time, provided satisfactory reasons therefor are presented by the applicant. (Ord. 905 § 2 (part), 1999)

12.20.100 Permit fees.

The administrative authority shall collect a permit fee to cover the cost incurred by the city. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans for compliance with this and other ordinances, and field inspections conducted to insure compliance with the terms and conditions under which the encroachment permit was issued. Fee schedules shall be established by resolution of the city council. (Ord. 905 § 2 (part), 1999)

12.20.110 Work requirements.

All encroachment work shall be performed in accordance with conditions specified in the encroachment permit, the standard construction specifications of the city of Folsom, and according to the plans and specifications referred to in the permit. (Ord. 905 § 2 (part), 1999)

12.20.120 Liability.

A. Permittee shall defend, indemnify and save harmless city (including their officers, agents, employees, and representatives) and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, losses or liability, in law or in equity, of every kind and nature whatsoever (“claims”) arising out of or in connection with permittee’s work to be performed under the encroachment permit.

B. The information contained in subsection A of this section shall be stated on all encroachment permits.

C. The administrative authority may require in all circumstances where he/she deems it appropriate that the permittee procure and maintain in force insurance covering the city. The amounts and terms of such insurance coverage shall be consistent with the provisions set forth in the Standard Construction Specifications. (Ord. 905 § 2 (part), 1999)

12.20.130 Performance deposits.

Permittees shall provide a cash deposit, surety bond, or other security acceptable to the city in the amount determined by the administrative authority as sufficient to reimburse the city for the costs of restoring the public property to its original condition in the event permittee fails to do so. (Ord. 905 § 2 (part), 1999)

12.20.140 Protection measures and routing of traffic.

A. It shall be the duty of every person undertaking any encroachment, to place and maintain barriers and warning devices necessary for safety of the general public.

B. For excavations over 5 feet in depth, blasting operations, and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by state or federal safety regulations.

C. Barriers, signs, lights, etc., shall conform to the requirements of the “Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways,” issued by the State of California, Department of Transportation, and to any additional requirements specified by the administrative authority.

D. Permittee shall take appropriate measures to assure that during the performance of construction work on streets, traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Permittee shall conform to the requirements of the Standard Construction Specifications.

E. When traffic conditions permit, the administrative authority may by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her. The written approval of the administrative authority may require that the permittee provide approved detours and give notification to various public agencies and to the general public. In such cases, the written approval shall not be valid until notice is given. (Ord. 905 § 2 (part), 1999)

12.20.150 Clearance for vital structures.

The encroachment shall be performed and conducted so as to not unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment designated by the administrative authority. (Ord. 905 § 2 (part), 1999)

12.20.160 Relocation and protection of utilities.

A. Permittee shall inform themselves as to the existence and location of all facilities likely to be encountered by their operations.

B. Unless the law otherwise provides, relocation of an existing facility shall be performed in accordance with a plan approved by the owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee and is approved by the city.

C. All facilities affected by any excavation or other construction work shall be supported and protected by the permittee with methods approved by the owner of the facility. Should an existing facility be damaged by the permittee’s operations, and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility, the permittee shall promptly notify the owner of the damaged facility. All facilities damaged by permittee’s operations shall be repaired as directed by the owner and the expense of such repairs shall be charged to the permittee. (Ord. 905 § 2 (part), 1999)

12.20.170 Abandonment of facilities.

A. Whenever a facility is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein, shall file with the administrative authority a drawing or written statement indicating, in detail, the location of the facility so abandoned. At the time of such abandonment, the administrative authority may determine what portion, if any, of the abandoned facility shall be removed or otherwise treated.

B. Whenever a driveway approach is abandoned, or can no longer be justified by the use made of the abutting property, the administrative authority may require removal of any associated driveway, apron, or curb depression, and restoration of any existing curb, gutter, or sidewalk across the driveway width. (Ord. 905 § 2 (part), 1999)

12.20.180 Care of excavated material.

A. The administrative authority may require the permittee to haul away an excavated material and the permittee shall be responsible for securing any necessary disposal sites. In addition, the permittee shall anticipate, and make provisions for abatement of, dust and dirt nuisances resulting from its operations. All excavated material shall be stockpiled, disposed of, and all clean-up performed in a way that conforms to local, state, and national pollution control regulations.

B. Whenever permittee is hauling away material from the encroachment site, proof of proper disposal shall be required by the administrative authority prior to final inspection or return of security. (Ord. 905 § 2 (part), 1999)

12.20.190 Clean-up.

As the permitted work progresses, all public properties shall be thoroughly cleaned of all rubbish, earth, rock and other debris resulting from the work. All clean-up operations at the location of the encroachment shall be accomplished at the expense of the permittee to the satisfaction of the administrative authority. (Ord. 905 § 2 (part), 1999)

12.20.200 Protection of water courses.

The permittee shall provide and maintain adequate waterways for all surplus water, including stormwater, run-off pumped from excavations, flushings, or other water resulting from permittee’s operations. All water leaving the site shall conform to National Pollution Discharge Elimination System and local, state and federal laws and regulations regarding pollution prevention. (Ord. 905 § 2 (part), 1999)

12.20.210 Prompt completion of work.

After a project is commenced, the permittee shall diligently pursue all work covered by the encroachment permit, promptly complete all work, and restore the public property, as near as practicable, to its original condition to avoid obstructing the public property more than is reasonably necessary. (Ord. 905 § 2 (part), 1999)

12.20.220 Urgent work.

When, in the judgement of the administrative authority, the safety or convenience of the public or the public interest requires that encroachment work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that an adequate size crew and adequate facilities be employed by the permittee 24 hours a day to the end that such work may be completed as soon as practicable. (Ord. 905 § 2 (part), 1999)

12.20.230 Emergency action.

Nothing in this chapter shall be construed to prevent the making of excavations or the performance of work necessary for the preservation of life or property, or for the location of trouble in conduit or pipe, or for making repairs, provided that the person undertaking such work shall apply to the administrative authority for a permit on the first working day after the work is commenced. (Ord. 905 § 2 (part), 1999)

12.20.240 Preservation of monuments.

No monument set for the purpose of locating or preserving the lines of any street, property or subdivision, including precise survey reference points or permanent survey bench marks within the city, shall be removed or disturbed by any person who has not first obtained written permission from the administrative authority. Permission to remove, disturb, or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under the supervision of a registered engineer or licensed land surveyor. Any expenses incurred by the administrative authority for the proper replacement of monuments shall be paid by the permittee. (Ord. 905 § 2 (part), 1999)

12.20.250 Inspections, rules and regulations.

The administrative authority shall make inspections and shall establish rules and regulations reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 905 § 2 (part), 1999)

12.20.260 Revoking of permit.

This chapter empowers the administrative authority with the right to cancel any permit for good and sufficient cause, including violation of any provision of the Folsom Municipal Code or noncompliance with any encroachment permit condition. (Ord. 905 § 2 (part), 1999)

12.20.270 Appeal.

A. In the event the application for the permit is denied in whole or in part or the conditions imposed by the administrative authority are unacceptable to the applicant, the applicant may appeal his decision to the city council within 10 days of receiving notice of the decision.

B. Appeals shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk within 10 calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived. (Ord. 905 § 2 (part), 1999)

12.20.280 Action after expiration of permit unlawful.

It is unlawful for a person to place, erect or maintain or to permit the placement, erection, maintenance or existence of any encroachment after his or her permit has expired or after his or her permit has been revoked and the time specified in the notice from the city clerk for removal of the same has expired. (Ord. 905 § 2 (part), 1999)

12.20.290 Removal required when—Notice.

Any person whose property encroaches in any manner upon, over or under any public property who has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the city demanding removal. Notice of removal shall be by certified mail addressed to the post office address of the owner or occupant of the premises where the encroachment exists, by personal service of such notice upon the owner or occupant, or by posting the notice on the premises. The time required for the removal of the encroachment shall be specified in the notice, and shall be a reasonable time considering danger, risk and size of job. (Ord. 905 § 2 (part), 1999)

12.20.300 Enforcement.

A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 to 1.10, inclusive, of Title 1 of the Folsom Municipal Code.

B. The administrative authority shall enforce the provisions of this chapter. (Ord. 905 § 2 (part), 1999)

12.20.310 Penalties.

A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020 of Chapter 1.08, Title 1 of the Folsom Municipal Code.

B. Each of the sanctions for administrative violations identified in Section 1.09.013 of Chapter 1.09, Title 1 of the Folsom Municipal Code shall be available for enforcement of the provisions of this chapter.

C. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014 of Chapter 1.09, Title 1 of the Folsom Municipal Code, a violation of this chapter shall be deemed a Level D violation, as that term is described in Section 1.09.012 of Chapter 1.09, Title 1 of the Folsom Municipal Code. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(4). (Ord. 905 § 2 (part), 1999)

12.20.320 Enforcement procedures—Notice to abate/correct.

A. Prior to the suspension, revocation, or denial of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, administrative authority shall follow the procedures set forth in Sections 1.09.020 to 1.09.048, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code. The rights to judicial review set forth in Sections 1.09.050 to 1.09.059, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code shall apply.

B. A notice to abate/correct shall be served in accordance with the provisions of Sections 1.09.023 of Chapter 1.09, Title 1 of the Folsom Municipal Code. The time to correct any violation of a provision of this chapter shall be a reasonable time as specified by the administrative authority, depending upon the type of encroachment, risk to the public property, and risk to the general public. Pursuant to Section 1.09.024A of Chapter 1.09, Title 1 of the Folsom Municipal Code, a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027 of Chapter 1.09, Title 1 of the Folsom Municipal Code. (Ord. 905 § 2 (part), 1999)