Section 13-11 ENCROACHMENTS.

13-11
ENCROACHMENTS.

13-11.1 Encroachment Permits.

No person shall erect, construct, place or maintain any building, structure, fence, wall, porch, step, poles, post, pipe, conduit, sign, blockade, seat, bench, table, merchandise, or other physical encroachment or obstruction in, over, or upon any public street, alley, and public ways which have been dedicated or are open to public use and the curbing, sidewalk and parkway, if any, adjacent thereto without first obtaining and maintaining a permit therefor. A holder of a special permit under Section 13-10 of this Code need not obtain an encroachment permit under this Section 13-11. (Ord. #1368, §1)

13-11.2 Application.

a. Applications for encroachment permits shall be filed with the Director of Public Works on a form supplied by the Director’s office. Each application shall contain the following:

1. The name and address of the applicant;

2. The nature, description and location of the encroachment;

3. A legal description and address of the real property to be benefited by the encroachment;

4. The reason that the encroachment is needed;

5. The proposed duration of the encroachment; and

6. Additional information as required by the Director of Public Works.

b. Each application shall be accompanied by a deposit established by the City Engineer, based on reasonable costs to the City for engineering, inspection, administration, and other related expenses. If City costs exceed the deposit, applicant shall submit the difference to the City. If City costs are less than the deposit, the City will refund the difference upon written request of the applicant.

(Ord. #1368, §1)

13-11.3 Decision:

a. When a completed application for an encroachment permit is submitted to the city, the application shall be approved or denied by the director of public works, or his or her designee, within sixty (60) days of the date of receipt.

b. An application for an encroachment permit sought pursuant to this section shall not be complete until the applicant has complied with all requirements, including any analysis required under the California environmental quality act, and has paid the required fee as established by a resolution of the city council.

c. If the applicant complies with every provision of this chapter and with all applicable provisions of this code, the director shall issue the permit.

d. Such a permit shall be subject to any reasonable conditions or limitations imposed thereon to assure the elimination or avoidance of adverse effects.

e. In the event the director denies an application for an encroachment permit submitted, the director shall notify the applicant of the denial and furnish to the applicant with a detailed explanation as to the reason(s) for the denial.

f. If at any time the director determines that the encroachment has become detrimental to the health, safety, or welfare of the city, or that a public works project requires removal of the encroachment, the encroachment permit shall be revoked or amended to an alternative site deemed suitable by the city manager or designee upon giving the permittee five (5) days’ written notice thereof. The applicant shall bear the cost of the relocation as permitted by law. (Ord. #1368, §1; Ord. #1621, §2)

13-11.4 Insurance:

Unless the director of public works finds that no insurance is required for the protection of the city or the public and waives the requirement of this section, the permit shall not be effective unless and until the applicant posts and maintains with the city a policy of public liability and property damage insurance, approved as to form and insurer by the city manager and conditioned so as to protect, indemnify and save harmless the city, its officers and employees from all loss, damages, liability, costs and expenses that may result from or arise out of the granting of the permit for and the installation of the encroachment, and to pay any and all loss or damage that may be sustained by any person as a result thereof. The limit of liability shall be at least one hundred thousand dollars ($100,000.00) for the death or bodily injury of one person and three hundred thousand dollars ($300,000.00) for death or bodily injury of more than one person, and fifty thousand dollars ($50,000.00) for property damage. (Ord. #1368, §1)

13-11.5 Exemptions:

This section shall not apply to:

a. United States mailboxes;

b. Public utility poles and facilities pursuant to rights granted by city or state law;

c. Portable garbage and rubbish receptacles or refuse when conforming to and placed for collection in accordance with the provisions of this code; and