Berkeley Municipal Code Art. 4 Projection into Public Right of Way

Chapter 32 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Section 3202 – ENCROACHMENTS

3202.5 Projection into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Any permits granted pursuant to this Code which allow any projection upon, over, or under the public right of way may be revoked by the City at any time. Upon such revocation, the permittee or permittee’s successor(s) or assignee(s) shall forthwith remove such projection at permittee’s cost and expense and without any cost or expense whatsoever to the City.

Any person who is granted a permit pursuant to the provisions of this Code which allows a projection upon, over or under the public right of way shall by the issuance of such permit thereby indemnify and hold harmless the City of Berkeley, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such permit, or the existence of such projection. The obligation of such indemnification and hold harmless provision shall be applicable to the successor(s) and assignee(s) of the permittee.

(Ord. 7988-NS § 1, 2025)