CHAPTER 7
ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 2. ENCROACHMENT PERMITS
SECTION:
§5610 AUTHORIZED
The city engineer, acting as the superintendent of streets, is hereby authorized to issue encroachment permits to authorize temporary encroachments within the public right of way, subject to the provisions of this article. (Ord. 1107, §1, adopted 2008)
§5611 APPLICATIONS
Any person, business or entity which proposes to encroach on the public right of way may apply for an encroachment permit, provided that the applicant has sufficient capacity and control over the encroachment to comply with any permit conditions imposed by the city engineer pursuant to section 5612 of this article. The city engineer is authorized to determine whether an applicant demonstrates such capacity and control. The applicant shall use an application form adopted by the city engineer, which may require the applicant to sign an agreement to comply with any conditions imposed pursuant to section 5612 of this article.
The city engineer may adopt such written procedures as he or she deems appropriate governing the application for and the issuance of encroachment permits, provided that those procedures do not conflict with this article.
The city engineer may charge a fee to accept and process an application for an encroachment permit. The amount of the fee shall be fixed by a resolution adopted by the city council. The city council may revise the fee from time to time to account for inflation and to assure that the fee equals, but does not exceed, the city’s actual costs associated with processing the application and regulating the activity authorized by the permit. (Ord. 1107, §1, adopted 2008)
§5612 CONDITIONS
The city engineer may impose such conditions as he or she deems appropriate and which are reasonable to protect the health, safety and property of the city and the general public. At a minimum, the permit shall require the permittee to indemnify and defend the city against any damage to persons or property, including public property, arising out of the activity authorized by the permit and to furnish such certificates of insurance and policy endorsements as are determined by the city engineer to evidence adequate insurance coverage to protect the city and the general public from the risks reasonably associated with the activity authorized by the permit. (Ord. 1107, §1, adopted 2008)
§5613 APPEALS
An applicant for a permit who objects to any condition or determination of the city engineer may appeal that decision to an appeals board consisting of the city manager and two (2) members of the city council appointed to the board by the city council. The applicant waives his or her right to an appeal unless he or she files a written request for an appeal with the city clerk within ten (10) days of the date he or she received written notice of the decision or determination he or she wants to appeal. To avoid a waiver of the right of appeal, the written request must adequately describe the decision or determination, the reasons why the applicant objects to it, and the remedy sought.
The board shall conduct a hearing on the appeal within ten (10) days after the city clerk receives the appeal. The city manager, in consultation with the other board members, may extend the hearing date for good cause. The board shall electronically record the hearing and preserve the recording for not less than one hundred twenty (120) days. The board may adopt such rules to govern its conduct of the hearing as it deems appropriate, provided that the applicant shall have a reasonable opportunity to present evidence and argument to the board and the board announces its decision to the applicant either orally or in writing. The city engineer shall have an opportunity to present evidence and argument during the hearing. The board shall have discretion to refer the appeal to the city council rather than decide the appeal itself, in which event the city council shall consider the appeal at its next regularly scheduled meeting that takes place not less than ten (10) days from the date of the referral, unless the city council extends the meeting date for good cause.
A decision by the board or the city council shall be based exclusively on the evidence and argument submitted during the hearings and the decision shall be final for the city. (Ord. 1107, §1, adopted 2008)