Chapter 12.34
ENCROACHMENTS ONTO CITY PROPERTY
Sections:
12.34.030 Administrative permits.
12.34.040 Council-issued permits.
12.34.050 Contractor’s license required.
12.34.080 Hold harmless agreement.
12.34.100 Appeal by applicant.
12.34.010 Permit required.
No construction work shall be done, nor shall any construction materials be placed, nor shall any other improvements be made, nor shall any equipment or materials be installed or attached, nor shall any other type of encroachment be created or maintained, by any person on any City property unless an encroachment permit has been duly issued pursuant to the procedures of this chapter. (Ord. CCO-96-03, 1996)
12.34.020 Definitions.
The following definitions shall apply in this chapter.
(A) “City” means the City of Mt. Shasta.
(B) “City property” means any real property in which the City has an interest, whether in fee, or as the holder of a right-of-way or easement.
(C) “Encroachment” means the use or occupancy of any City property by placing or maintaining any objects thereon, or attaching anything thereto, or using the same except as public dedication allows, except as is otherwise permitted by law.
(D) “Equipment” also includes hardware, signs, vehicles, and all other tangible items.
(E) “Person” means an individual, business entity, or public agency.
(F) “Work” includes construction, demolition, repairs, inspection, testing, and maintenance, and activities related thereto. (Ord. CCO-96-03, 1996)
12.34.030 Administrative permits.
The following encroachment permits may be issued by the Director of Public Works, according to standards and procedures to be specified by him or her, and on such terms and conditions as he or she may deem appropriate for the protection of the public safety and convenience:
(A) Temporary encroachments (including prohibitions on parking) requested by licensed contractors or property owners onto public sidewalks, or onto the parking portions only of public streets, or onto public alleys or other City properties, during the period of actual construction on adjacent property, which period shall be that for which a valid building permit is in effect if the same is otherwise required.
(B) Temporary encroachments by licensed contractors or property owners for the purpose of constructing driveways, or making or repairing utility connections, or making other off-site improvements required by the City.
(C) Permanent encroachments to maintain and use a driveway, connect to public utilities, and off-site improvements required by the City, for which a building permit has been issued if the same is otherwise required.
(D) Banners across streets, in compliance with the City sign ordinance, at specified locations.
(E) Newsracks on public sidewalks, and bicycle racks on public sidewalks or streets.
(F) Sidewalk sales adjacent to the applicant’s storefront.
(G) Licensed sidewalk vendors.
(H) Phone booths which do not impede pedestrian traffic.
(I) Sidewalk signs, flags, or other advertising media, which comply with the City sign ordinance. (Ord. CCO-96-03, 1996)
12.34.040 Council-issued permits.
All encroachment permits not specified by MSMC 12.34.030 shall require the approval of the City Council, upon recommendation by the Director of Public Works. (Ord. CCO-96-03, 1996)
12.34.050 Contractor’s license required.
No encroachment permit shall be issued hereunder for construction work to be done on City property, or for construction work to be done on private property which construction work has created the need for the said encroachment permit, unless the said work is to be done by a California licensed contractor; provided, however, that this requirement may be waived if it is determined to be in the best interests of the City. (Ord. CCO-96-03, 1996)
12.34.060 Fees.
The City Council may, by resolution, establish and revise fees for the filing of applications and issuance of permits under this chapter. Any fee hereunder may be waived by action of the City Council for a qualifying organization under Chapter 3.05 MSMC. (Ord. CCO-96-03, 1996)
12.34.070 Revocation.
The Director of Public Works, or City Council if it issues the encroachment permit, shall set the term of the encroachment permit at the time it is issued or renewed, and may prescribe general or specific grounds for revocation. Notwithstanding the specified term and any specified grounds for revocation at the time of issuance, any encroachment permit may be revoked by the Director of Public Works or the City Council after the City has mailed a notice to the permittee to the address specified on the encroachment permit application stating that the encroachment is no longer in the public safety, interest, or convenience. Such revocation shall be effective 10 days after the notice of revocation is mailed; provided, however, that a revocation may take place on shorter notice, or immediately, if the public health or safety are found to be in jeopardy. Either of the Director of Public Works, or the City Council, may revoke an encroachment permit which has been issued by either of them. (Ord. CCO-96-03, 1996)
12.34.080 Hold harmless agreement.
As a condition of applying for an encroachment permit, the applicant may be required to sign an agreement to hold harmless and indemnify the City, its officers and employees from any losses or liability resulting from the exercise of the permit, from any cause, save and excepting only the negligence of a City employee acting within the scope of his/her employment. A standard agreement for this purpose may be prepared by the City Attorney to be amended only with his approval or that of the City Council. (Ord. CCO-96-03, 1996)
12.34.090 Insurance.
Except as otherwise provided by the Municipal Code, as a condition of being issued an encroachment permit, the applicant shall be required to provide proof of public liability insurance, and/or bond, for the work being undertaken, in an amount and on such terms as may be required by the Director of Public Works, or by the City Council if it issues the permit. In circumstances where a person is participating in a City sanctioned special event for which an encroachment permit has been obtained by another entity or person and proof of public liability insurance has been provided and covers all participants, a separate encroachment permit and insurance shall not be required. (Ord. CCO-02-06, 2002; Ord. CCO-96-03, 1996)
12.34.100 Appeal by applicant.
An applicant or permittee may appeal to the City Council the denial, revocation, or conditions of approval of an encroachment permit which are ordered by the Director of Public Works, upon payment of an appeal fee to be established by resolution of the City Council, which appeal fee may be refunded if the City Council rules in favor of the appellant. Such appeal must be in writing, and shall be filed with the City Clerk within 10 days after notice has been mailed to the applicant of the issuing City officer’s decision. There shall be no appeal of a denial, revocation, or conditional approval which was ordered by the City Council. No persons other than the applicant or permittee shall have a right to appeal. (Ord. CCO-96-03, 1996)
12.34.110 CEQA review.
The City Council finds and declares that the issuance of encroachment permits under this chapter is categorically exempt under Cal. Code Regs. Title 14, including but not limited to Sections 15302 and 15268(b); no review under the California Environmental Quality Act shall be required of the City prior to the issuance of an encroachment permit hereunder. (Ord. CCO-96-03, 1996)
12.34.120 Violation.
Repealed by Ord. CCO-20-04. (Ord. CCO-96-03, 1996)