Corcoran Municipal Code Ch. 5 Encroachments

"Public way", when used in this Chapter, means the space between the right-of-way lines and includes, but is not confined to, any street, alley, parking zone, sidewalk, City park or other City owned property or right of way. (Ord. 500 N.S., 10-5-1992)

A. Encroachment, Excavation Or Improvement: It is unlawful for any person to make or cause to be made any encroachment, excavation or improvement in or along any public way in the City without first obtaining a permit to do so from the City and unless in accordance with provisions of this Chapter.

B. Tree Topping Or Trimming: It is unlawful for any person to remove, top or trim any trees standing in any public way without first obtaining a permit to do so from the City and unless in accordance with the provisions of this Chapter. This provision shall not apply to minor trimming and pruning which does not involve the placing of ladders or equipment in a public way other than according to parking regulations or the falling or piling of debris in a public way 1 .

C. Overwidth Vehicle: It is unlawful for any person to operate any overwidth vehicle, including house moving equipment, on the City streets, alleys or rights of way without first obtaining a permit to do so from the City and unless in accordance with the provisions of this Chapter. (Ord. 500 N.S., 10-5-1992)

Each person desiring issuance of a permit shall file with the Building Inspector a signed application or request, describing the nature of the encroachment, excavation, improvement or other work to be done and the location thereof, the names and addresses of the parties to any contract for the doing of the work, the license number of any contractor and such plans, profiles and specifications for the improvement as the Director of Public Works may require. (Ord. 500 N.S., 10-5-1992)

Before such permit may be issued, an agreement shall be signed and filed with the Building Inspector wherein the signator shall agree with the City as follows:

A. That the signator shall observe and conform with all of the applicable provisions of this Chapter and shall perform all work in strict accordance with this Chapter and applicable ordinances of the City and laws of the State and in conformity to the plans, profiles and specifications on file with and approved by the Director of Public Works and in accordance with such standards, terms and conditions mentioned in Section 7-5-8 of this Chapter and as may be determined and specified by the Director of Public Works.

B. That such work shall be commenced and diligently prosecuted within sixty (60) days after issuance of such permit, and that the Building Inspector shall be notified of the day work shall commence and substantially completed within the time designated by the Building Inspector in such permit, and that such work shall be forthwith terminated upon any revocation or suspension of the permit as provided in this Chapter.

C. To complete, repair or replace, and indemnify the City against any faulty or improper workmanship or materials or damage to any adjacent public improvement that may be discovered during the performance of the work and for a term of one year after the completion of the work.

D. That the signator shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all liabilities, claims, suits, judgments, losses or expenses resulting from any claim or court action arising out of any accident, loss or damage to persons or property, or death alleged to arise from any work carried out pursuant to such permit or condition resulting from such work.

E. Authorizing the City to deduct from any cash deposit, the amount of any expense incurred by the City, including a reasonable amount for overhead and supervision, in the completion of any work or the performance of any other act required of the signator, if the signator fails to properly and timely perform the same. (Ord. 500 N.S., 10-5-1992)

A. The agreement mentioned in Section 7-5-4 of this Chapter shall be signed by the person causing the work or excavation to be done, or if such work is to be done by a licensed contractor, then it may be signed by such contractor.

B. The signator of the agreement shall pay to the City, prior to the issuance of any permit, a fee in the amount of fifteen dollars ($15.00) and two percent (2%) of the reasonable value of the improvement of work to be done. The determination of such value shall be made by the Building Inspector. Failure to undertake the work shall not be grounds for refund of any part of such fee.

C. No fee shall be required of any public agency or public utility company operating under a franchise issued by the City or State. (Ord. 500 N.S., 10-5-1992)

A. The signator of such agreement shall deposit with the Director of Finance a bond issued by a corporation licensed to transact business in the State, which shall guarantee the faithful performance of the agreement mentioned in subsections 7-5-4A, B and C of this Chapter.

B. In lieu of such bond, the signator of such agreement may deposit with the Director of Finance cash to secure the faithful performance of the agreement mentioned in subsections 7-5-4A, B and C of this Chapter and the City shall be entitled to deduct from such deposit the expense of the City of completion of the work or repair of such damage by the City if the signator fails to so perform the same. (Ord. 500 N.S., 10-5-1992)

C. The amount of such bond or deposit shall be such reasonable sum as the Building Inspector or City Engineer shall determine to be the probable expense to the City of completion of the work if the signator fails to fully perform the work and repair of any probable damage, in accordance with the terms of the agreement and permit. (Ord. 500 N.S., 10-5-1992; 1996 Code)

D. Such bond or deposit shall not be deemed to be in the nature of a labor and material bond.

E. On expiration of one year from the date of completion of the work, the bondsman may apply to the Director of Public Works for release or exoneration of the bond, or any depositor of such fund or such depositor's assigns may apply to the Director of Public Works for release of deposit, subject however, to the claims of the City for failure to faithfully perform said agreement; provided further, that in the case of cash deposits, that upon completion of the work to the satisfaction of the Building Inspector and certification of such fact to the Director of Public Works and the amount required in his/her opinion to protect the City against any faulty or improper workmanship or materials or damage to any adjacent public works that may be discovered within one year after completion, the Director of Public Works shall withhold such amount and release the balance of the deposit to the depositor thereof or his/her assigns.

F. Persons who frequently undertake activities which are the subject of this Chapter and who find it convenient to do so, may enter into a general agreement with the City in the form required by Section 7-5-4 of this Chapter which applies to all such activities which are the subject of this Chapter carried on by the signator of such agreement while such agreement is in effect, and who shall furnish the City and deposit with the Director of Finance a bond deposit which guarantees the faithful performance of the agreement mentioned in subsections 7-5-4A, B and C of this Chapter with respect to all such activities undertaken while such agreement remains in effect. The amount of such bond or deposit shall be such reasonable sum as the Building Inspector determines to be the probable expense to the City on completion of any work which the signator may fail to fully perform and the repair of any probable damage to any adjacent public work and to protect the City against any faulty or improper workmanship or materials or damage to any adjacent public works that may be discovered within one year after completion and from time to time, the Building Inspector may require additional bonds or deposits if he determines that the extent or nature of the work carried on by such person reasonably requires increased protection for any of the foregoing purposes. No further permits shall be issued under such general agreement and bond until the additional bond or deposit is furnished to the Director of Finance. Such bond or deposit is subject to release or exoneration as provided in subsection E above.

G. For work which does not exceed one thousand dollars ($1,000.00), the Director of Public Works, within his/her sole discretion, may, in lieu of the abovementioned bond or cash deposit, enter into a written agreement without security with the permittee. Said agreement, which shall be in addition to the agreement mentioned in subsections 7-5-4A, B and C of this Chapter, shall provide that permittee undertake improvements upon the encroached property after written notification from the City. The agreement shall further provide that the work must be completed within ninety (90) days of such other date specified by the Director of Public Works, or the City may cause the work to be done and the cost assessed as a lien against the property.

H. For work in excess of one thousand dollars ($1,000.00) and for good cause shown, the Public Works Director may, at his/her sole discretion, enter into an agreement without security as provided in subsection G above. (Ord. 500 N.S., 10-5-1992)

The following exceptions and special provisions shall apply with respect to public agencies and public utility companies operating under a franchise issued by the City or State:

A. No bond or deposit is required.

B. Annual permits may be issued, in which case the agreement provided in Section 7-5-4 of this Chapter shall be modified accordingly.

C. The provisions of subsection 7-5-8C1 of this Chapter shall not apply to public agencies or such public utility companies.

D. No permit is required for the placement or replacement of utility poles and/or anchors; provided, that no public improvement is likely to be disturbed or damaged thereby. (Ord. 500 N.S., 10-5-1992)

A. Except as may be otherwise provided in this Chapter, the standards of design and materials and the method of doing the work for any curb, gutter, sidewalk, pavement, ramp, subgrade or drainage facility are as set forth in the City improvement standards.

B. The Director of Public Works may, in his/her discretion, permit modifications of the standards mentioned in the preceding subsection to conform with prevailing standards of other improvements in the area of the proposed improvement if the Director finds that such modification will not be detrimental to the public interest.

C. The Director of Public Works shall have the authority to determine and specify:

1. The standards of design, materials and method of doing work for any improvement for which no standard is provided by this Section.

2. The location and grade of all improvements.

3. The days or hours and conditions on or under which, such work may be done, if necessary to conform to any public work in progress and about to be undertaken, or as may be necessary to prevent any undue interference with traffic or to protect the public safety.

4. Devices and precautions necessary for the protection of the public way, or public improvements or public utilities standing or lying therein, and the safety of the persons using the public way and to prevent any undue interference with traffic thereon.

D. Conformity with the standards, terms and conditions mentioned in this Section shall be deemed to be a condition of the permit and part of the agreement mentioned in Section 7-5-4 of this Chapter. (Ord. 500 N.S., 10-5-1992)

If the Building Inspector determines that unusual circumstances make it advisable, he may refuse to grant the permit and submit the application to the Director of Public Works. (Ord. 500 N.S., 10-5-1992)

If the Building Inspector denies an application or imposes terms or conditions which the applicant believes to be unreasonable or sets the amount of bond or deposit which the applicant believes to be unreasonable, the applicant may appeal to the Director of Public Works for issuance of the permit. If the appeal is denied by the Director of Public Works, applicant may appeal to the City Council. (Ord. 500 N.S., 10-5-1992)

Upon appeal to the City Council, the City Council shall determine whether the permit shall be issued and/or the terms and conditions thereof and/or the amount of bond or deposit, and the decision of the City Council shall be final. (Ord. 500 N.S., 10-5-1992)

Nothing in this Chapter shall be deemed to make it mandatory that the Building Inspector or the Director of Public Works issue any such permit. (Ord. 500 N.S., 10-5-1992)

The issuance of any permit shall not be deemed to imply or guarantee in any way that the City owns fee title to the real property on which the work is to be done, nor that the City has sufficient title to the real property to grant the permittee the right to do work under the surface of the public way. It is the sole responsibility of the permittee to secure such consent as may be necessary from the owner of public way or any other property upon which such work or excavation is done. (Ord. 500 N.S., 10-5-1992)

The permit shall be shown on demand to all authorized representatives or peace officers of the City. (Ord. 500 N.S., 10-5-1992)

No permit may be assigned, and upon any attempted assignment or transfer thereof, the permit shall be rendered null and void. (Ord. 500 N.S., 10-5-1992)

A. If the Building Inspector determines that the work has not been commenced within sixty (60) days after issuance of the permit or has not been diligently prosecuted, he/she may revoke the permit.

B. If the Building Inspector determines that the work has not been diligently prosecuted or is not being carried out in accordance with the agreement and/or terms and conditions of the permit, he/she may suspend the permit.

C. Such revocation or suspension shall be accomplished by the mailing of written notice thereof by ordinary mail to the address shown upon the application or agreement or by personal delivery of such written notice to the permittee. (Ord. 500 N.S., 10-5-1992)

Immediately prior to commencement of any part of the work, the permittee shall notify the Building Inspector of the time thereof. If the work stops for a period of more than ten (10) days, the permittee shall notify the Building Inspector of the time of resumption thereof. (Ord. 500 N.S., 10-5-1992)

At any time prior to completion of the work, the Building Inspector may prescribe such additional conditions as he may deem necessary for the protection of any public way improvements or any public utilities standing or lying therein and the safety of the persons using the public ways and to prevent any undue interference with traffic. (Ord. 500 N.S., 10-5-1992)

The permittee shall take all precautions necessary to protect the safety of the traveling public. Barricades, lights, warning signs and flagmen shall be provided and maintained by the permittee whenever necessary, at his/her expense, until any excavation is refilled or obstruction removed, and the public way is safe for the use of the traveling public. The Building Inspector may specify in the permit the safety devices and precautions to be used by the permittee; provided, however, failure of the Building Inspector to specify such safety devices or precautions shall not relieve the permittee of any obligation to furnish all of the safety devices or precautions which may be necessary. Warning signs, lights and devices shall conform to the requirements of the Vehicle Code of the State. All safety requirements involving trench work shall conform to CAL OSHA specifications. (Ord. 500 N.S., 10-5-1992)

The permittee shall not allow unreasonable amounts of debris to accumulate upon the public way, and if the Building Inspector determines that the accumulation of debris is such as to be a hazard to the safety of the persons using the public way or to prevent any undue interference with the traffic thereon, the Building Inspector may order the permittee to remove the debris, and failure of the permittee to do so shall constitute a grounds for revocation or suspension of the permit, as provided in Section 7-5-16 of this Chapter, and/or the City may remove the debris at the expense of the permittee. (Ord. 500 N.S., 10-5-1992)

Immediately upon completion of the work authorized by the permit, the permittee shall refill any and all excavations or remove any obstructions in the public way in a good and workmanlike manner. All excavations shall be refilled in a manner to ensure against settlement. Saturated or unsuitable materials shall be removed from the excavation, and the excavation shall be backfilled with suitable materials and thoroughly tamped. If a treated or modified subgrade of a public way has been removed and destroyed as a result of the excavation, the permittee shall replace the subgrade to a thickness of not less than that of the adjacent subgrade. If a treated or modified surface of a public way has been removed or destroyed as a result of an excavation, the permittee shall replace the surface to a thickness and width not less than that of the original surface and he/she shall use the same type of material as the original surface. All work performed pursuant to this Section shall be to the satisfaction of the Building Inspector. If the permittee fails or refuses to repair and restore the public way or any subgrade to the satisfaction of the Building Inspector within a reasonable time, the Building Inspector shall cause the damaged portion of the public way or subgrade to be repaired and restored, and the permittee shall reimburse the City for the full cost of such work. If at any time subsequent to the first repair of the surface or subgrade, it becomes necessary to again repair the surface or subgrade due to settlement or any other cause directly attributed to such excavation or construction, the Building Inspector shall cause such repairs to be made, and the permittee shall reimburse the City for the full cost of the additional repairs. (Ord. 500 N.S., 10-5-1992)

Upon completion of the work authorized by the permit, the permittee shall file with the Building Inspector the notice of completion of work on a form prescribed by the Building Inspector. (Ord. 500 N.S., 10-5-1992)

It is unlawful for the permittee to make or cause to be made any excavation, encroachment or construction or to place upon, maintain or leave any obstruction or impediment to travel, or to pile or place any material in or upon any highway or to install or maintain, or to cause to be installed or maintained, any tank, pipe, conduit, duct, tunnel, curb, gutter, sidewalk or other structure in, upon or under the surface of any public way at any location or in any manner other than as set forth in the application for the permit or the agreement or contrary to the standards provided in this Chapter or any terms or conditions imposed by the Building Inspector as in this Chapter provided. (Ord. 500 N.S., 10-5-1992)

A. Kinds: No awning, except folding or rolling canvas awnings, shall be constructed over the sidewalks within the fire limits without permission of the Council. (Ord. 500 N.S., 10-5-1992)

B. Height: All such awnings shall be at least seven feet (7') from the sidewalk at the lowest point. (Ord. 500 N.S., 10-5-1992)

Performance of any of the duties and obligations imposed upon a permittee by the permit or this Chapter by an agent, employee or independent contractor employed by the permittee shall be deemed to constitute performance of such duties and obligations by the permittee. (Ord. 500 N.S., 10-5-1992)

No provision of this Chapter shall be deemed to bar any legal, equitable or summary remedy to which the City or any person may otherwise be entitled. (Ord. 500 N.S., 10-5-1992)