Chapter 13.26 — ENCROACHMENT PERMITS

Any person desiring to encroach upon, or to cause, allow or make any encroachment into the public right-of-way must first obtain a permit to do so. Applicants shall file a written application with the director of public works to obtain a permit. The application shall be in the form prescribed by the city, and shall have the following information (as applicable):

A.

Location of the encroachment;

B.

The reason or necessity for encroachment;

C.

Estimated time to begin and complete the work or placement of an encroachment;

D.

Plans and specifications covering the encroachment as may be required by the city;

E.

Estimated cost of repairing damage to the road or other public property caused by the encroachment;

F.

Length of time encroachment will be kept in place;

G.

Each permit shall expressly provide that any personal property placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business;

H.

Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times;

I.

Name, address and phone number of the person responsible for maintaining the encroachment during the term of the encroachment;

J.

Other information as may be required by the director of public works.

All terms and conditions of this chapter shall be incorporated by reference into any permit issued by the city.

(Ord. 576 § 35 (part), 2005)

Upon receiving an application to encroach upon the public right-of-way, the director of public works shall issue, conditionally issue or deny it. If the application is approved, or conditionally approved, the director shall cause the deposit, if any, to be paid into the city treasury and/or such surety bond, if any, to be deposited with the financial services director, and shall issue a written permit authorizing the encroachment. The permit shall include all of the conditions required by this code and any conditions set by the director. In the event that application is denied, any deposit made or bond submitted in connection therewith shall be forthwith returned to the applicant. An applicant, if dissatisfied with the denial or with any condition attached to an approval, may appeal the decision pursuant to Section 1.12.010 of this code.

(Ord. 576 § 35 (part), 2005)

A fee for encroachment permits shall be established by resolution of the city council and shall be paid to the city at the time of issuance or renewal of any encroachment permit. Public utility companies operating under franchise

agreement with the city may pay annually for permit fees or provide a deposit in advance of the estimated amount of permit applications subject to an agreement approved by the director of public works.

(Ord. 576 § 35 (part), 2005)

Encroachment permits shall be issued for a specific length of time, which shall not exceed a reasonable time necessary as determined by the director of public works. In the absence of any prior agreement to the contrary, no cause shall be necessary to be shown or proven for the city council to modify, revise or revoke any encroachment permit or deny an original or renewal request. Utility companies will not be required to have a current permit to conduct any maintenance that does not require any cutting of concrete or asphalt and/or excavation.

(Ord. 576 § 35 (part), 2005)

Permittees shall be required to clean/sweep that portion of the right-of-way encroached upon. Unless authorized by the director of public works, no material or debris shall be allowed to remain in the right-of-way.

(Ord. 576 § 35 (part), 2005)

Unless waived by the director of public works, a deposit shall be required prior to the issuance of an encroachment permit involving construction in the street right-of-way. The deposit shall be either cash, cashier's check, certified check, certificate of deposit, surety bond issued by a company authorized to do business in the state, or other form acceptable to the director. The director of public works shall set the amount of the deposit based on potential damage to public property which may be caused by the project or which will result if the project is not completed. All deposits shall remain in force for a period of one year from the date of expiration of the encroachment permit, at which time the financial services director shall be authorized and directed to return the cash deposit or bond or other security posted by the permittee to the permittee. The amount returned will no include any interest, unless required by prior agreement or law.

(Ord. 576 § 35 (part), 2005)

It shall be the duty of any person causing, allowing, making or maintaining any encroachment in any road or other public place in the city, to procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work as required by other agencies.

(Ord. 576 § 35 (part), 2005)