Chapter 12.12 STREET ENCROACHMENTS

A. “City street” includes all or any part of the entire width of a City street or public right-of-way, whether or not such entire area is actually used for street purposes.

B. “Encroachment” includes any curb, gutter, culvert, sidewalk, awning, overhang, tower, pole, pipe, pipeline, driveway, private road, fence, sign, billboard, stand, building, underground utility, aboveground utility or any other structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, on, under or over any portion of a City street. The term “encroachment” shall not include trees, shrubs, plants or the posting of any notice in the manner required by law. (Ord. 982 § 1, 2001.)

12.12.020 Findings.

The City Council finds that, in order to protect and preserve City infrastructure and ensure that the health, safety, and welfare of the citizens of Healdsburg are protected, the City Council should establish and maintain a procedure for reviewing and regulating excavation and other works of improvement within any public right-of-way, including without limitation the installation of electrical, gas, power, cable, and other utility transmission lines, water and sewer pipes, streets, driveways, drainage systems, and other related improvements. This list is exemplary and not exclusive.

The City Council further finds that there is need for certainty about the requirements for issuance or denial of, or conditions that should be imposed upon, encroachment permits regulating extent, manner, timing, etc., of any use, excavation, or other works of improvement within any public right-of-way.

The City Council further finds that the preferred method of establishing and maintaining a procedure for reviewing and regulating excavation or other works of improvement within any public right-of-way is through an encroachment permit process.

The City Council further finds that the adoption of this chapter falls under the general rule provision of local CEQA guidelines and is therefore exempt from CEQA review because it is certain that adoption of the ordinance codified in this chapter will not have an adverse impact on the environment. (Ord. 982 § 2, 2001.)

12.12.030 Encroachment permit – Required.

A. No person shall create or construct any encroachment without first having obtained a written permit from the City engineer.

B. The City engineer may issue such written permits authorizing the permittee to do any of the following acts:

1. Make an opening or excavation for any purpose in any City street;

2. Place, change or renew an encroachment, except that no permit shall be required for changes, renewals or replacements of encroachments installed by public utility corporations where such changes, renewals or replacements require no opening or excavation within a City street. (Ord. 982 § 3, 2001.)

12.12.040 Encroachment permit – Compliance required.

Any act done under the authority of a written permit issued pursuant to the provisions of HMC 12.12.020 shall be done in accordance with the applicable provisions of this chapter and terms and conditions of such permit. (Ord. 982 § 4, 2001.)

12.12.050 Encroachment permit – Conditions.

Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing all existing improvements within the affected area in as good condition as before, and may provide such other conditions as to the location, extent, timing, and manner in which the work is to be done, as the City engineer finds necessary, for the protection of such improvements and consideration of public convenience. (Ord. 982 § 5, 2001.)

12.12.060 Encroachment permit – Fees.

A permit fee shall be charged by the City for the issuance of an encroachment permit, and any and all inspections related thereto, 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. 982 § 6, 2001.)

12.12.070 Authority of the City engineer.

The City engineer shall decide any and all questions which may arise as to conditions to be imposed, fees, bonds, insurance, the quality or acceptability of materials furnished, work performed, the manner of performance, and the rate of progress of the work, in conjunction with construction or restoration of City-owned facilities. (Ord. 982 § 7, 2001.)

12.12.080 Appeals procedure.

Any person whose rights or interests in real property are aggrieved by a decision, act, or omission of the City engineer or any other person acting on behalf of the City with respect to the issuance or denial of an encroachment permit, or the conditions imposed on the issuance of an encroachment permit, may appeal the decision, act, or omission to the City Council in the manner and according to the procedures described in Chapter 2.36 HMC. (Ord. 982 § 8, 2001.)

12.12.090 Encroachment permit – Relocation provisions.

Any permit issued to a permittee of the class specified in HMC 12.12.030 shall contain a provision that in the event any future City improvement necessitates the relocation or removal of an encroachment placed pursuant thereto, in the sole opinion of the City engineer, the permittee will relocate or remove the same at his sole expense. In such event, the City engineer shall serve on the permittee his written demand specifying the place of relocation or that the encroachment must be removed and specifying a reasonable time within which the work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in such demand and thereafter diligently prosecute the same to completion; provided, however, that this provision shall remain in effect only so long as the City street in, under or over which such encroachment is located shall be used for its designated public purpose. All permits other than those issued to permittees of the class specified in HMC 12.12.030 are revocable on five days’ notice and any encroachment placed pursuant to such permit so revoked must be removed or relocated as may be specified by the City engineer in the notice revoking the permit and within the time specified. (Ord. 982 § 9, 2001.)

12.12.100 Alteration of plans.

All work shall be done in conformance with the plans, specifications, and permit approved by the City engineer. 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 in writing. (Ord. 982 § 10, 2001.)

12.12.110 Supervisory authority.

The City engineer may supervise any work done under permits issued in accordance with the provisions of this chapter. All work performed shall comply with the regulations of the City engineer. (Ord. 982 § 11, 2001.)

12.12.120 Emergency repair excavations.

Permittees under this chapter may excavate within City streets for the purpose of making repairs in cases of emergency requiring immediate action. In such cases, the City engineer shall be promptly notified of any such action, and such permittee at his own expense shall immediately replace such City street in as good condition as before the excavation. (Ord. 982 § 12, 2001.)

12.12.130 Protection of work.

The permittee must provide and maintain proper barricades, fences, signal lights or watchmen, and other such safety equipment required to completely and properly protect 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 permittee as regards the protection of the work after 24 hours’ notice in writing, except in case of emergency when it shall have the right to remedy any neglect without notice, and, in either case, to invoice the cost of such remedy to the permittee. The permittee will be responsible to pay any costs associated with emergency repairs within 30 days of receipt of invoice. If no payment is received, the City shall use posted surety to cover any City-incurred costs. (Ord. 982 § 13, 2001.)

12.12.140 Care of existing structures.

The permittee shall be liable for any damage done to any public structures, facilities or property arising through his operations. He shall take care of and maintain all public structures, facilities or property encountered in the performance of the 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. (Ord. 982 § 14, 2001.)

12.12.150 Maintaining traffic.

All lights, barriers, barricades, flagmen or other devices necessary to provide for public safety shall be the permittee’s responsibility, shall be installed, used and maintained in accordance with City of Healdsburg standard specifications and details, and shall be furnished, maintained and removed by the permittee at his own expense.

The permittee 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 permittee’s sole responsibility for safety along the entire project. The permittee shall also keep the fire and police department informed at all times and shall notify them (in writing) 72 hours in advance of any proposed street closures to traffic. The permittee shall maintain access for emergency vehicles at all times. Except in an emergency, in no case shall street closure be permitted without written permission of the City engineer. (Ord. 982 § 15, 2001.)

12.12.160 Bond – General requirement.

Before granting a permit under the provisions of this chapter, the City engineer may require the applicant to file with the City Council satisfactory performance and maintenance bonds payable to the City in such amount and form as the City engineer or the City attorney deems sufficient, conditioned upon proper compliance by the permittee with the provisions of this chapter. (Ord. 982 § 16, 2001.)

12.12.170 Bond – Licensed contractor.

Any licensed contractor desiring to perform work of the nature covered in this chapter may file with the City Council a faithful performance bond annually, covering all permits required under this chapter by such licensed contractor for each year, in such amounts as the City engineer deems sufficient, conditioned upon proper compliance by such licensed contractor with the provisions of this chapter. (Ord. 982 § 17, 2001.)

12.12.180 Bond – Exception – After violation of provisions.

Except as otherwise provided in this chapter, the bonds specified in HMC 12.12.160 and 12.12.170 shall not be required of any city, public corporation, political subdivision or public utilities corporation, which is authorized by law to establish or maintain any works or facilities in, under or over any City street, nor shall the application of any permittee of the class specified in this section be denied. Each such applicant is entitled to a permit, but is otherwise subject to the provisions of this chapter and to all reasonable conditions and provisions made by the City engineer in any such permit. The City engineer may require of any such applicant a bond in a sum not to exceed $50,000 if such applicant has, in the opinion of the City engineer, prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit. (Ord. 982 § 18, 2001.)

12.12.190 Insurance requirements.

A. In addition to the requirements provided in HMC 12.12.160 and 12.12.170, and before granting a permit under the provisions of this chapter, the City engineer shall require each applicant to file with the City engineer a certificate or certificates of insurance evidencing public liability and property damage insurance coverage in the amount required by the Redwood Empire Municipal Insurance Fund in connection with the work sought to be done under the permit, except that an applicant seeking to do work himself or herself on a City street or in a public easement immediately adjacent to the premises containing only one single-family dwelling which is owned and occupied by the applicant shall not be required to file with the City a certificate or certificates of insurance evidencing public liability, property damage coverage, or workers’ compensation insurance.

B. The applicant shall sign a declaration under penalty of perjury declaring that the applicant has workers’ compensation insurance as required by state law, or, alternatively, that the applicant is exempt from the requirements of state workers’ compensation laws and the reason for such exemption. The declaration required by this section shall be substantially similar to the workers’ compensation declaration form described in California Health and Safety Code Section 19825. At the time of issuance of an encroachment permit, the applicant shall provide a copy of a workers’ compensation certificate to the City engineer, unless the applicant is exempt therefrom.

C. As to all required insurance coverage, the certificate or certificates shall name the City, its officers, agents, and employees as additional insureds on the applicant’s policies of insurance. The certificate(s) shall also state that the City shall receive not less than 30 days’ advance written notice of cancellation from the insurer. (Ord. 982 § 19, 2001.)

12.12.200 Trench excavation safety.

No work shall be performed without a CAL-OSHA trench safety permit. It shall be the permittee’s sole responsibility to obtain and comply with such a permit. 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 permittee’s responsibility to comply with all safety requirements of CAL-OSHA and the City engineer.

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. 982 § 20, 2001.)

12.12.210 Public conveniences.

The permittee shall so conduct his operations as to cause the least possible obstruction and inconveniences to public traffic. Unless other existing streets are stipulated and approved 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 street, driveway, sidewalk 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. 982 § 21, 2001.)

12.12.220 Responsibility for damage.

The City of Healdsburg, its officers, agents and employees shall not be answerable or accountable 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 permittee shall hold the City and its agents harmless therefrom as an express condition to the issuance of a permit. (Ord. 982 § 22, 2001.)

12.12.230 Warranty.

The permittee shall guarantee his work for a period of one year, and shall warranty and repair any and all damaged or failed work, including trench settlement, to the satisfaction of the City engineer. (Ord. 982 § 23, 2001.)

12.12.240 Preconstruction meeting and schedule.

Prior to commencing work, permittee shall provide the City with a construction schedule and shall, if requested, schedule a preconstruction meeting with the City and any affected utility company at least 48 hours prior to start of construction. (Ord. 982 § 24, 2001.)

12.12.250 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 all existing improvements to their 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. 982 § 25, 2001.)

12.12.260 Violations.

A. If an applicant performs any construction within the City street without first obtaining an encroachment permit, the applicant shall stop work immediately (if work is in progress), shall restore the street to a safe and operable condition, 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 performed meets 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 by the City engineer and/or citation. If work is suspended, no work shall recommence until all violations are satisfied, as determined by the City engineer.

C. A separate offense shall be deemed committed each day a violation of any provision of this chapter occurs or continues.

D. The City may enforce this chapter as follows:

1. Criminal Enforcement. A violation of any provision of this chapter shall be deemed a misdemeanor. Upon conviction, a violator may be fined a maximum of $1,000 and/or up to six months in the county jail or both. Notwithstanding the preceding sentence or any other section of this chapter, a violation of any provision of this chapter may, in the discretion of the enforcing authority, or City attorney, be charged and prosecuted as an infraction.

a. Any person convicted of an infraction under the provisions of this chapter, unless provision is otherwise herein made, shall be punished by a fine of not more than $100.00 for a first violation, or a fine of not more than $200.00 for a subsequent violation of the same chapter within one year, pursuant to Government Code Section 36900(b).

b. Upon entry of a subsequent conviction against the same property owner within a two-year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court may require the owner to pay the City treble the cost of the abatement, pursuant to Government Code Section 38773.7, and it may become a lien on the property.

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

a. The City may, in its discretion, consider the violation to be a public nuisance and pursuant to Government Code Section 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. 982 § 26, 2001.)