Chapter 7-8 ENCROACHMENTS

(A) “Encroach” or “encroachment” includes going upon, over, under, or using any street in such a manner as to prevent, obstruct, or interfere with its normal use, including but not limited to the performance thereon of any of the following acts:

(1) Excavating, filling or disturbing the street;

(2) Erecting or maintaining any post, pole, fence, or other guard rail, wall, loading platform, or other structure on, over or under the street;

(3) Planting any tree, shrub or other growing thing within the street;

(4) Placing or leaving on the street any rubbish, brush, earth or other material of any nature whatever;

(5) Constructing, placing, or maintaining on, over, under or within the street, any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit, wire, or cable;

(6) Traveling on the street by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;

(7) Moving any building in, into, through or from the City of San Juan Bautista on, over or through any street;

(8) Lighting or building a fire;

(9) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the street which causes or will cause an encroachment; or

(10) Placing or causing to be placed any material, machinery or apparatus on the street for building, paving or other purposes for over twenty-four (24) hours.

(B) “Permittee” means any person that proposes to do work or encroach upon a street as herein defined and has been issued a permit for said encroachment by the City Manager.

(C) “Person” shall mean any individual, firm, partnership, association or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest.

(D) “City Manager” means the San Juan Bautista City Manager or his designee.

(E) “Street” shall mean the full width of the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. “Street” also includes easements where the City is the grantee of the easement and property owned by the City of San Juan Bautista.

7-8-105 Exemptions.

This Chapter shall not apply to any officer or employee of the City acting in the discharge of his official duties; to any work being performed by any person or persons, firm or corporation under contract with the City; or when permission to encroach has been expressly granted by the City Council.

7-8-110 Exception in case of emergency.

This Chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any street, or from making excavation, as may be necessary, for the preservation of life or property when an urgent necessity therefor arises, provided that said person shall notify City Manager by telephone the day such work is performed or the day the offices of the City are again opened. Said person shall then apply on the proper form within five (5) working days confirming the work performed.

7-8-115 Right of lawful use.

Any permit granted under this Chapter shall be subject to the right of the City or any other person entitled thereto, to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public.

7-8-120 Prohibited encroachments.

No application will be approved or permit issued for constructing or maintaining a loading platform upon or in any street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs, except as provided in Title 11 of this Code.

7-8-125 Liability for damages – Public liability insurance.

(A) Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the City, its officers, or employees, permittee shall defend, indemnify and hold them and each of them, harmless from such claim including any claim based on the active or passive negligence of the City, its officers or employees, insofar as permitted by law.

(B) Permittee shall be required to obtain public liability insurance in such form and amount as may be required by the City Manager to protect the City, its officials, officers, directors, employees and agents from claims which may arise from permittee’s operations under the permit.

7-8-130 Completion of work and/or restoration of street by City.

If the work or use authorized by a permit is unsafe, in violation of this Chapter, or unduly delayed by the permittee, the City Manager may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the City plus overhead shall be charged to and paid for by the permittee.

7-8-135 Signs on public property.

(A) Except as authorized by SJBMC 11-10-210, no person shall paint, mark, or write on, or post or otherwise affix any handbill or sign to or upon any public property including, but not limited to, any sidewalk, crosswalk, curb, curbstone, street, lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or pier or telephone pole, or wire appurtenance thereof or upon any fixture of the fire-alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, street sign, street light or traffic sign.

(B) Except as authorized by SJBMC 11-10-210, any handbill or sign found posted to or otherwise affixed upon any public property contrary to the provisions of this Section, may be removed by the City. The person responsible for such illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager or his designee is authorized to effect the collection of said cost.

(C) Nothing in this Section shall apply to the installation of a metal plaque or plate in a sidewalk commemorating an historical, cultural or artistic event, location or person for which the City Council has granted approval.

(D) Nothing in this Section shall apply to the painting of house numbers upon curbs done in accordance with standards adopted by the City.

Article 2. Permit Requirements

7-8-200 Permit required.

No person shall encroach or cause to be made, any encroachment of any nature, whatsoever, within, upon, over or under the limits of any street in the City, or make or cause to be made, any alteration of any nature within, upon, over, or under such street, or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipeline, conduit or other fixture; or move over or cause to be moved over the surface of any street or over any bridge, viaduct, or other structure maintained by the City, any vehicle, or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the street; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the street without having first obtained a permit as required in this Chapter.

7-8-205 Application for permit.

The City Manager shall provide an application form which shall contain such information as in the judgment of the City Manager is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be filed with the City Manager.

7-8-210 Permit application exhibits.

The application shall be accompanied by maps, plats, sketches, diagrams, or similar exhibits to the size and in the quantity as the City Manager shall prescribe on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of the applicant to so use or encroach thereon.

7-8-215 Consent of public agencies.

The application shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body.

7-8-220 Action on application.

Applications may be approved, conditionally approved, or denied. The City Manager shall act on the application within thirty (30) working days. Where the City Manager finds that the requirements of this Chapter have been met and the required fees and charges have been paid, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the City Manager finds that the requirements of this Chapter have not been met, he shall deny the permit, giving the reasons therefor in writing.

7-8-225 Fees and charges.

Fees for the issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Manager.

A public agency or utility that is authorized by law to establish or maintain any works or facilities in, under, or over any public street may, at the option of the City Manager, arrange to be billed for the required fees and charges.

7-8-230 Cash or bond deposit.

Prior to issuance of a permit, unless waived by the City Manager, the permittee shall deposit with the City, cash, a certified or cashier’s check or an approved surety bond in the sum to be fixed by the City Manager as sufficient to reimburse the City for the costs of restoring the street to its former condition and, in the case of an encroachment permit for moving a building, sufficient to reimburse the City for the estimated costs of doing any work necessary to enable the building to be moved or to restore the street or any private property damaged by the move or altered to allow the building to be moved. If the permittee anticipates applying for a number of permits throughout the year, he may file a cash deposit or approved surety bond in a sum estimated by the Public Works Director as sufficient to cover the permittee’s activities during any twelve (12) month period.

7-8-235 Additional bond or cash deposit.

The City Manager may require an additional bond or cash deposit at any time when in his opinion, the amount of the bond or cash deposit previously made, is insufficient.

7-8-240 Condition of bond and cash deposit.

The condition of any bond or cash deposit made pursuant to this Article, shall be that the permittee will diligently and with good faith, comply with this Chapter and the terms and conditions of the permit.

7-8-245 Bond payable to City – Term of bond.

Any bond or cash deposit required by the City Manager pursuant to this Chapter, shall be payable to the City of San Juan Bautista. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in SJBMC 7-8-335, the bond or cash deposit will be released, provided that the City Manager may, in his discretion, allow the earlier release of the bond or cash deposit.

7-8-250 Exclusions.

Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or maintain any works or facilities in, or over any street.

7-8-255 Term of permit.

The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed within ninety (90) days, or within the time stated in the permit, then the permit shall become void, and the City Manager may restore the street in accordance with SJBMC 7-8-130. An extension of time for good cause may be granted by the City Manager when requested in writing.

7-8-260 Display of permit.

The permittee shall keep any permit at the work site or in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the City Manager or law enforcement officer on demand.

7-8-265 Changes in permit.

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the City Manager.

7-8-270 Nontransferable.

No permit issued pursuant to this Chapter shall be transferable or assignable to any other person.

7-8-275 Issuance of other permits not compliant with this Chapter.

Issuance of a building permit, electrical permit, plumbing permit, swimming pool permit and/or demolition permit, which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder, shall not constitute authorization to encroach on any street.

7-8-280 Street excavation moratorium – Permit denial.

In order to preserve the ride quality, structural integrity and appearance of newly constructed or renovated streets, permission to excavate in newly constructed or renovated streets will not be granted for five (5) years after completion of street renovation as shown by the filing of a notice of completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are as follows:

(A) Emergency which endangers life or property.

(B) Interruption of essential utility service.

(C) Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City.

(D) Service lateral for building or facility where the applicant has no other means of providing service.

(E) Other situations deemed by the City Manager to be in the best interests of the City.

All permits that are issued under subsections (A) through (E) of this Section shall be restored in accordance with SJBMC 7-8-320, and shall also include a final application of a Type 11 slurry seal as specified in Caltrans Standard Specifications, latest edition. The limits of the slurry seal shall be over the area of work in pavement, and at a minimum shall be from edge pavement to centerline of street and shall extend fifty feet (50') beyond each end of work, or as determined by the City Manager.

Article 3. Performance of Work

7-8-300 Standards and specifications.

The City Manager shall, from time to time, establish such standards and specifications as he deems necessary for the proper construction, use and maintenance of encroachments and for the safety, protection and convenience of the public, which standards and specifications shall be applicable to all permittees. Any work or use done under all permits shall conform to the City’s standard plans and specifications, unless otherwise required by the City Manager. If inadequate provision is made for the safety, protection and conveniences of the public by the permittee, the City Manager may take such action as he deems necessary for the protection of the public and shall charge the permittee therefor.

7-8-305 Compliance with applicable safety laws.

The permittee shall comply with all applicable Federal, State and local laws and regulations, including Department of Industrial Relations of the State of California (CAL-OSHA) rules and regulations.

7-8-310 Inspections.

The permittee shall allow the City Manager to inspect any or all work done pursuant to the permit at reasonable times.

7-8-315 Notification – Commencement of work.

The permittee shall notify the City Manager at least two (2) working days in advance of commencement of work. If appropriate, the permittee shall give such advance notice as may be required by the City Manager to the County Sheriff and/or Fire Department of the location and nature of the proposed work.

7-8-320 Restoration of street.

Upon completion of the work, acts or things for which the permit was issued, or when required by the City Manager, the permittee shall replace or restore the street in the area of the work to current City standards and specifications, and as required in the permit, unless otherwise required by the City Manager. Pavement restoration shall be a minimum of twelve inches (12″) beyond the excavation along all edges, and may be extended to include adjacent loose and/or distressed pavement as directed by the City Manager. The limits of all restoration work in streets may be extended to conform at adjacent joints, trench lines, curbs, or other limit as directed by the City Manager. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition.

7-8-325 Drainage.

If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the City Manager.

7-8-330 Notification – Completion of work.

Upon completion of all work authorized in the permit, the permittee shall notify the City Manager in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Manager unless such final inspection is waived by the City Manager in writing.

7-8-335 Guaranty period.

After completion of all work, the permittee shall exercise reasonable care in monitoring and maintaining the area affected by the encroachment. For a period of two (2) years after final inspection of the work by the City Manager, or the date of waiver of final inspection, the permittee shall repair any injury or damage to any portion of the street which occurs as a result of the work done under the permit, including any and all injury or damage to the street, which would not have occurred had such work not been done. Any public utility, public agency or franchise which is authorized by law or contract to establish or maintain any works or facilities in, under or over any street shall monitor, maintain, and/or repair the street or any portion of it where the public utility, public agency or franchisee has made any excavation for the life of any works or facilities contained in or under the street.

The permittee shall repair any injury or damage in any portion of the street, resulting from the work done under the permit within the period of time required by the City Manager. In the event that the permittee fails to act timely or should repair or replacement be required before the permittee can be notified or can respond to notification, the City may make or cause to be made the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of said work, including overhead.

7-8-340 Relocation or removal of encroachments.

If any future construction or maintenance work by the City or required by the City on a street requires the relocation, removal or abandonment of installation or encroachments in, on, or under a street, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at permittee’s sole expense.

If any installations or encroachments are no longer in use, the permittee owning, controlling, or maintaining shall relocate, remove or abandon the same at permittee’s sole expense.

When removal, relocation, or abandonment is required, the City Manager shall give said permittee a written demand specifying the place of relocation, or that the installation or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the City may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.

The permittee shall obtain an encroachment permit for the work or relocation, removal, and/or abandonment, unless waived by the City Manager.

Article 4. Sidewalks, Driveways, Curbs

7-8-400 Permit required.

It is hereby declared to be unlawful for any person to repair or construct, or cause to be repaired or constructed by private contract in the City of San Juan Bautista, any sidewalk, driveway, curb, gutter or paving, or to begin excavation for the purpose of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first obtaining a permit as required in Article 2 of this Chapter.

7-8-405 Removal of driveway – Curb cut.

When a driveway shall permanently cease to be used, the curb cut therefor shall be removed and standard curb, gutter and sidewalk shall be constructed. The property owner shall remove the curb cut and construct curb, gutter and sidewalk or cause same to be removed and constructed, within thirty (30) days of receiving written notice from the City Manager to do so. Should the property owner fail to perform such work or cause it to be performed within said thirty (30) days, the City Manager shall have such work done at the expense of the property owner. The provisions of this Section shall apply to all existing driveways whether or not the use thereof was heretofore abandoned, as well as to all such driveways which are constructed after the effective date of this Section.

7-8-420 Sidewalk repair, maintenance, assessment of costs.

The City of San Juan Bautista hereby adopts by this reference, the provisions of Chapter 22, Part 3, Division 7 of the Streets and Highways Code for purpose of maintaining and repairing sidewalks and assessing the costs thereof. The said provisions shall be supplementary and alternative to all other authority of the City of San Juan Bautista and the City Manager is hereby authorized at his sole discretion to undertake sidewalk repairs in any other manner deemed necessary and proper. This Section shall not be construed as creating an additional cause of action or liability on behalf of any property owner, person or the City.

7-8-425 Vehicle access unlawful except at driveway.

It shall be unlawful for any person to drive a vehicle across a sidewalk unless the vehicle is driven on a highway constructed for that purpose.

Article 5. Moving Buildings, Oversized Vehicles or Objects

7-8-500 Findings required.

No encroachment permit shall be issued under Article 2 of this chapter for any encroachment as defined in SJBMC 7-8-100(A)(6) and (7) unless the City Manager finds that:

(A) Any building as defined in SJBMC 7-8-100 (A)(7), except a building being moved out of the City meets the City building code requirements in effect at the time the building was constructed except as otherwise required by the City Manager; and

(B) All applicable Federal and State regulations have been complied with.

7-8-505 Obstructing streets.

No building, oversized vehicle or object being moved on, over or through any street shall be allowed to remain in any one (1) location on such street for a longer period than necessary to move the building, oversized vehicle or object along its route except with the written consent of the City Manager.

7-8-510 Compliance with general laws.

The permittee shall comply with the general laws regulating travel over a street, including posted signs or notices which limit speed or direction of travel, or the weight, width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a street.

7-8-515 Wire and structural supports.

In the event that the moving of any building, oversized vehicle or object for which a permit shall have been granted hereunder, makes it necessary to move, remove, or displace any pole or other structure supporting the wires, cables or other equipment of any public utility in the City of San Juan Bautista, or to cut, displace or change the location of any wire, cable or other equipment upon said poles or structure, the permittee shall notify the owner or owners of such pole or structure and/or the wires, cables or other equipment thereon, at least five (5) working days prior to the time that the moving of such building, oversized vehicle or object will necessitate the removal of such obstructions.

(A) The permittee shall not at the expiration of said time of notice or any time, cut, move or in any way disturb such public utility or City property; and, unless otherwise required or authorized by the City Manager, such work shall be done only by the authorized workmen of the public utility interested or, if City property, by City employees.

(B) The permittee shall pay to said public utility, or to said City of San Juan Bautista, as the case may be, any and all costs or expenses for the removal, rearrangement and/or displacement of any pole or other structure or equipment thereon or of any damage to such property.

7-8-520 Trees, plants and shrubs.

In the event that the moving of any building, oversized vehicle or object for which a permit shall have been granted hereunder, makes it necessary to trim, move, remove or replant any tree, plant or shrub belonging to or under the control of the City of San Juan Bautista, the permittee shall notify the City Manager at least forty-eight (48) hours prior to the time that the moving of such building, oversized vehicle or object will necessitate the removal of such obstructions.

(A) The permittee shall not at the expiration of said time of notice, or at any time, move, remove, replant or otherwise disturb such trees, plants or shrubs; and such work shall be done only by City employees unless otherwise approved and so ordered by the City Manager.

(B) The permittee shall pay to said City of San Juan Bautista any and all costs or expenses for the trimming, moving, removing or replacing of trees, plants or shrubs or of any damage thereto.

Article 6. Miscellaneous

7-8-600 Revocation.

Any permit issued hereunder may be revoked by the City Manager for violation of the provisions of this Chapter or if the permitted activity poses an imminent threat to the public health, safety or welfare.

7-8-605 Appeal.

An applicant or permittee may appeal the decision of the City Manager concerning the denial or revocation of a permit to the City Council. The City Council may deny the appeal or grant the appeal with terms and conditions necessary to protect the public health and safety.

7-8-610 Maintenance of records.

All permittees and other persons maintaining permanent facilities within a street shall keep up-to-date records of the location and description of all such facilities, which records shall be furnished to the City Manager upon request. As used herein, “facilities” shall include, but shall not be limited to, underground pipes, wires and tanks.

7-8-615 Mailboxes.

All mailboxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the street as to endanger the life or safety of the traveling public.

7-8-620 Marking of curbs, etc.

It shall be unlawful for any person, without first obtaining a permit under this Chapter, to solicit on a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this Chapter. A permit for placing or maintaining numbers, figures, letters, carvings, drawings designs or other markings under this Chapter may be issued only to nonprofit organizations which have their principal and permitted meeting place within the City limits and have been organized and established within the City for a minimum of one (1) year continuously preceding application for a permit.

7-8-625 Monuments.

Any monument of granite, concrete, iron or other lasting material set forth for the purpose of locating or preserving the lines and/or elevation of any street, property subdivision, or a precise survey point or reference point shall not be removed or disturbed or cause to be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the City Manager to do so. Replacement of removed or disturbed monuments will be at the expense of the permittee.

7-8-630 Hedges, fences, shrubbery and lawns.

(A) No hedge, shrub, or other planting whatsoever, fence or similar structure shall be planted, erected, or maintained in a street without a permit. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(B) Maintenance. The permittee or property owner shall maintain all hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition; if such structures are not so maintained, the City Manager may direct that permittee or property owner to remove the same and restore the street to its former condition, at the expense of the permittee or property owner.

(C) Lawns. Any person otherwise entitled to may maintain a lawn of any grass, or type not prohibited by other law, within the street without a permit. The lawn shall not extend into the roadway or walkway nor into drainage ditches, gutter or other drainage facilities.

7-8-635 Unlawful storage.

No person shall store any item of business inventory, including vehicles, upon any street or sidewalk.

7-8-640 Parades and assemblies.

The provisions of this Chapter shall not be construed to impair or prohibit the use of streets for those activities described in this Code, relating to parades and assemblies, or to the exercise of any right or franchise guaranteed by the general laws and constitution.

7-8-645 Enforcement.

The City Manager is designated as the enforcement authority for the purposes of enforcing the provisions of this Chapter.

Legislative History: Ords. 97-01 (1/21/97), 2007‑16 (6/19/07).