CHAPTER 9.72
ENCROACHMENT PERMITS
Section
9.72.030 Permit - issuance requirements/work restrictions
9.72.040 Additional requirements
9.72.050 Pipelines and underground facilities - specifications
9.72.060 Pipelines and underground facilities - permittee responsibility for moving costs
9.72.070 Sidewalk sales - special provisions
9.72.080 Permit - issuance fee
9.72.090 Permit - plan-checking and inspection fees
9.72.100 Performance bond - amounts designated
9.72.110 Performance bond - specifications - surety bond may be permitted
9.72.120 Performance bond - permitted deductions - procedure
9.72.130 Certificate of completion - procedure
9.72.140 Permit - liability insurance requirements
9.72.150 Removal of debris required
9.72.010 PERMIT - REQUIRED.
No person shall lay pipes or other utilities, construct, repair, excavate, encroach, overload in weight or size, or occupy, with building materials or other items, erect or maintain scaffolding, place or maintain planter boxes, benches, chairs, litter receptacles, ash cans, mail receptacles, signs, flags, wind socks or refuse containers, display merchandise, conduct a parade or foot race, in or upon any street, alley, public service easement, court, way, easement, or other public place or City right-of-way or property without first obtaining a permit in writing to do so from the City Clerk, as provided in this chapter. Public utilities are exempt from this ordinance due to compliance with California State Construction standards and City franchise agreements.
(Ord. 875, § 49, passed 8-25-2008)
9.72.020 PERMIT - APPLICATION.
A. Any person desiring a permit shall file a written application therefore with the City Clerk under the conditions specified in the form.
B. The application or applications may be required for the following general areas:
1. Construction;
2. Excavation;
3. Temporary street occupancy;
4. Temporary street closure;
5. Vehicle over limit;
6. Right-of-way encroachment;
7. Haul routing;
8. Foot race;
9. Parade;
10. Sidewalk sale;
11. Street furniture and planter boxes;
12. Mail receptacle;
13. Refuse container or ash can;
14. Miscellaneous unlisted work on public property; and
15. Scaffolding.
C. Applications for construction, excavation or right-of-way encroachment (Items 1, 2 and 6 above) shall be filed with the City Clerk.
(Ord. 671, § 1 (part), passed -- 1987; Am. Ord. 873, §§ 9, 10, passed 8-25-2008; Am. Ord. 875, § 50, passed 8-25-2008)
9.72.030 PERMIT - ISSUANCE REQUIREMENTS/WORK RESTRICTIONS.
A. No permit shall be issued for any construction work within a public right-of-way or other public property until the following actions have been taken by the applicant:
1. An application has been submitted on a form provided by the City.
2. Plans for the work, if required, have been submitted, examined and approved by the Public Works/Engineering Department.
3. All permit and issuance fees have been paid or provided for in accordance with the provisions of this title.
4. An agreement has been filed with the City to guarantee that the applicant or permittee will perform the work in conformance with the conditions of the permit, the approved plans, and City specifications, and within the specified times, in accordance with the provisions of this chapter.
5. For construction projects, a surety or cash bond as required by the provisions of this chapter, is deposited by the applicant or permittee with the City Clerk as a guarantee of performance under the agreement specified in subsection D of this section.
B. No work shall be performed in a greater amount or quantity than that under the agreement specified in the application and described on the permit. No work for which a permit has been issued shall be commenced unless the applicant or permittee has notified the Public Works/Engineering Department at least twenty-four (24) hours before commencing work, specifying the day, hour, and location at which the work will take place.
(Ord. 873, § 11, passed 8-25-2008)
9.72.040 ADDITIONAL REQUIREMENTS.
No person shall do any of the work for which a permit is required without obtaining the relevant controlling design and construction information from the Public Works/Engineering Department and without preparing for review and approval by same the plans and designs necessary for the proper performance of said work.
(Ord. 873, § 12, passed 8-25-2008)
9.72.050 PIPELINES AND UNDERGROUND FACILITIES - SPECIFICATIONS.
All underground facilities located or installed in public rights-of-way in the City shall be constructed and maintained with a depth of cover as established in the City of Fort Bragg Standard Specifications, as adopted by the City Council from time to time. The Director of Public Works or City Engineer may determine and require, in particular cases, that public safety or convenience requires that depths be variable, that facilities be concrete-encased, that installations be by jacking, boring and tunneling, and that the hours and days of work be restricted.
(Ord. 873, § 13, passed 8-25-2008)
9.72.060 PIPELINES AND UNDERGROUND FACILITIES - PERMITTEE RESPONSIBILITY FOR MOVING COSTS.
Whenever construction, reconstruction, or maintenance work on any of the public right-of-ways requires the change in grade or alignment of pipeline or conduit, the same shall be immediately moved, at the sole expense of the permittee, upon the request of the Director of Public Works, City Engineer or Public Works Superintendent.
(Ord. 873, § 14, passed 8-25-2008)
9.72.070 SIDEWALK SALES - SPECIAL PROVISIONS.
The City Manager shall be authorized to issue permits allowing the display and sale of articles on public property for limited periods of time in connection with sidewalk sales or other sales promotion campaigns conducted by merchants within the City. The City Manager may regulate the conditions of display of the merchandise, including, but not limited to, the hours of display and the location thereof. No permit shall be issued pursuant to this chapter if the proposed sale or promotion would constitute an unreasonable safety or traffic hazard.
(Ord. 671, § 1 (part), passed -- 1987)
9.72.080 PERMIT - ISSUANCE FEE.
Each application for an encroachment permit shall be accompanied by an issuance fee, as provided in the schedule of fees as adopted by resolution of the City Council.
(Ord. 875, § 51, passed 8-25-2008)
9.72.090 PERMIT - PLAN-CHECKING AND INSPECTION FEES.
In addition to the issuance fee, plan-checking and inspection fees are established, in accordance with the schedule of fees as adopted by resolution of the City Council.
(Ord. 671, § 1 (part), passed -- 1987)
9.72.100 PERFORMANCE BOND - AMOUNTS DESIGNATED.
No permit shall be issued for any excavation or any other activity requiring excavation within public right-of-ways or easements until a cash bond (or other security approved by the City), in an amount established from time to time by resolution of the City Council as determined by the type of excavation, with a minimum amount required to be deposited as established from time to time by resolution of the City Council. Bonded, licensed contractors shall not be required to comply with the deposits specified herein.
(Ord. 871, § 17, passed 8-25-2008)
9.72.110 PERFORMANCE BOND - SPECIFICATIONS - SURETY BOND MAY BE PERMITTED.
The cash sums required by § 9.72.100 are to bond for the excavation in the City right-of-way, and to guarantee that the work is done correctly and in conformance with City standards and specifications. In lieu of the cash bond, there may be filed with the City Clerk a good and sufficient surety bond, in the sum of the estimated cost of the excavation, backfill and repaving needed, but not less than five hundred dollars ($500) provided, however, that the Public Works/Engineering Department may require some combination of a cash deposit and surety bond before issuing the excavation permit to the party desiring the permit. For projects with a construction cost of less than $5,000, the Public Works/Engineering Department may waive the requirement for a performance bond. Such waiver shall be in writing.
(Ord. 873, § 15, passed 8-25-2008)
9.72.120 PERFORMANCE BOND - PERMITTED DEDUCTIONS - PROCEDURE.
A. If the work is not performed as specified in the agreement or permit, or not completed, the City Manager may cause any or all of the work to be done, and shall deduct the costs, including expenses for overhead and administration, from the cash bond amount. In addition, he or she may deduct from the cash bond the necessary amount to cover inspection and other labor charges, and expenses incurred in the completion or repair of the work.
B. In the case where a surety bond has been posted, the Director of Finance shall prepare a bill for all the expenses incurred, and shall present the bill to the permittee for payment. If not paid within a reasonable period thereafter, and in the event the bill is not paid, the principal and sureties on the bond shall be liable for the amount thereof.
(Ord. 671, § 1 (part), passed -- 1987)
9.72.130 CERTIFICATE OF COMPLETION - PROCEDURE.
Whenever any work covered by a permit as provided in this chapter has been completed, the permittee shall so notify the Public Works/Engineering Department in writing. If, after a final field inspection, the work is found to be completed in accordance with the requirements of the permit and all the provisions of this chapter, the Public Works/Engineering Department shall issue, if so requested by the permittee, a certificate of completion, which shall contain a statement of the location, nature, and total amount of the work performed under the permit. Upon completion to the satisfaction of the Public Works/Engineering Department, or within a reasonable period thereafter, the cash bond, less any expenses as provided in Section 9.72.120, the surety bond, or other securities held shall be released.
(Ord. 873, § 16, passed 8-25-2008)
9.72.140 PERMIT - LIABILITY INSURANCE REQUIREMENTS.
A. No permit shall be issued pursuant to this chapter until the applicant for such permit has filed with the City Clerk evidence of insurance as set forth in the City’s Administrative Regulations as from time to time amended.
B. In the alternative, for non-construction permits, the applicant may obtain special event liability insurance, if available, through the office of the City Clerk. For minor construction projects undertaken by homeowners or small shop owners, the City Manager may reduce the face amount sum of the required insurance.
(Ord. 872, § 4, passed 8-25-2008)
9.72.150 REMOVAL OF DEBRIS REQUIRED.
No person performing any work under the provisions of this chapter shall fail, refuse, or neglect to remove all material and debris from the public area within a reasonable time of completion and as required for safety and convenience, as determined by the Public Works Superintendent.
(Ord. 671, § 1 (part), passed -- 1987)
9.72.160 APPEALS.
Any person aggrieved by a decision reached pursuant to the provisions of this chapter may file an appeal in accordance with the procedures described in Chapter 1.08.
(Ord. 900, § 16, passed 12-12-2011)