Article III — ENCROACHMENTS

(a)

It is unlawful to place or cause to be placed upon a public sidewalk or other public right-of-way not intended for vehicular travel, and no person owning, occupying, or having control of any premises shall allow to remain in front of those premises on any such public sidewalk or public way next to such premises, anything that obstructs the free passage of such sidewalk or way for:

(1)

More than ten (10) consecutive minutes if the obstruction causes pedestrians or other users of the sidewalk or public way to use private property or a roadway to pass the obstruction unless the person causing the obstruction provides an alternative route that provides unobstructed passage in conformance with the Americans with Disabilities Act and California State law; or

(2)

More than one (1) hour at a time unless the obstruction is within the terms of an approved encroachment permit pursuant to this article, or otherwise permitted under the terms of the Town Code.

(b)

It is unlawful to place or cause to be placed upon a public street or public way intended for vehicular travel, and no person owning, occupying, or having control of any premises shall allow to remain in front of those premises on any such public street or public way next to such premises, anything that obstructs, endangers, or interferes with the free passage of such street or way unless the obstruction is within the terms of an approved encroachment permit pursuant to this article or otherwise permitted under the terms of the Town Code.

(Ord. No. 2003, § IV, 9-18-95)

(a)

There shall be excepted from this article utility pole holes and anchor holes made by any public utility in any area having no curbs, gutters and sidewalks; provided, that such utility pole holes and anchor holes are not located along streets or thoroughfares in which underground cable is, or has been, laid for the purpose of carrying electrical current for street lighting or other purposes.

(b)

There shall be excepted from this article the following items:

(1)

Lampposts, hydrants, or bicycle or regulated mobility device racks, erected by permission of the Town.

(2)

Ornamental trees planted along the outer line of the sidewalk, or within the curb, for the protection of the same, and approved by the Town pursuant to the Town Code regarding such trees.

(3)

Materials and structures being used in the construction or repair of a structure if expressly permitted in writing by the Director of Building and Engineering Services.

(4)

Posts being used to support one or more mailboxes that are less than one (1) square foot thick at any point and the accompanying mailboxes so long as they do not exceed the minimum standard for such mailboxes established by the United States Postal Service.

(5)

Items that a state or federal law requires the Town to allow in the public right-of-way without a permit from the Town.

(c)

Awnings projecting across or into a public street, sidewalk, or other way shall conform to the requirements of Section 4506 of the Uniform Building Code and be subject to approval under Chapters 6 and 29 of the Town Code rather than this article.

(Code 1968, § 26-17; Ord. No. 2003, § V, 9-18-95; Ord. No. 2340, § II, 5-2-23)

It is unlawful to do or perform any of the following without first obtaining a written encroachment permit from the Director of Building and Engineering Services as provided in this article:

(a)

Placing, changing or renewing any encroachment in a Town controlled or owned street, road, alley, sidewalk, curb, parking strip or public way.

(b)

Constructing any driveway, sidewalk, curb, or gutter into or within any Town right-of-way.

(c)

Making any opening or excavation in any street, road, alley, sidewalk, curb, parking strip, or any Town right- of-way for any purpose.

(d)

Laying or placing any pipes, conduits, sewers, wires, or any other objects in any Town right-of-way.

(e)

Connecting to or altering in any way any Town drainage system, sewer system, or piping system of any kind.

(Code 1968, § 26-18; Ord. No. 1968, § II, 2-7-94; Ord. No. 2003, § VII, 9-18-95)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

The Director of Building and Engineering Services will require an applicant for a permit under this article to file the following bonds, insurance, and agreements with the Town before issuing a permit.

(a)

For projects valued at five thousand dollars ($5,000.00) or less:

(1)

Proof of public liability insurance in a minimum of three hundred thousand dollars ($300,000.00) combined single limit per occurrence and providing an endorsement naming the Town, its boards, commissions, officers, and employees as additional insureds on the liability policies for the work to be performed, all in the form approved by the Town Attorney.

(2)

If any persons are to be employed in the construction or work, proof of workers' compensation coverage pursuant to State law.

(3)

Execution of a hold harmless agreement in favor of the Town holding the Town, its boards, commissions, officers and employees harmless and indemnifying them for any damages and defense costs for any liability arising from the work to be performed.

(b)

When a project is valued at more than five thousand dollars ($5,000.00), the applicant for the permit shall provide in addition to those requirements under subsection (a) above, the following:

(1)

A bond in the value of work guaranteeing satisfactory performance of the work as set forth in the application.

(2)

A labor and materials bond in an amount of not less than one hundred (100) percent of the value of the work guaranteeing that labors and material persons shall be paid for the work performed on the construction.

(3)

Proof of public liability insurance in a minimum of one million dollars ($1,000,000.00) combined single limit per occurrence in the form and providing the same endorsement for additional insured specified in subsection (a) above.

(c)

Should the Director of Building and Engineering Services determine that the work proposed is valued at less than five thousand dollars ($5,000.00) but that it constitutes a dangerous or intrusive type of work so that completion of the work is necessary then the Director may require that increased insurance coverage or a performance bond or other sufficient security in the amount of the value of the work be posted prior to issuance of the permit.

(d)

The market value of lawn, plant, shrub, tree, or other landscaping materials shall be deducted from the project cost in determining the level of insurance and security to be provided pursuant to this section.

(e)

The Town recognizes that certain minor landscaping work, repair, and upkeep in the public right-of-way that does not involve excavations that exist longer than four (4) hours should be exempt from the necessity of first obtaining an encroachment permit. Examples of such minor work include:

(1)

Placement of sod or seed;

(2)

Planting, removal, or replacement of annual plants and flowers;

(3)

Installation of parking strip sidewalk in conformance with Town standard specifications.

However, any such work undertaken without first obtaining an encroachment permit pursuant to this article shall be subject to summary removal without notice by the Town and shall be the sole responsibility of the adjacent property owner. The Director of Building Services may determine that an encroachment permit is required because of the minor work to be or already undertaken, and the Director's decision shall be final and conclusive.

(Code 1968, 26-19; Ord. No. 1968, § IV, 2-7-94; Ord. No. 2003, § VIII, 9-18-95)

Permits under this article shall be issued in triplicate copies, with the original copy for the applicant and the two (2) remaining copies for the files of the Town. When required by the Town Engineer, the applicant shall submit an inspection slip, which shall request an inspection of the work performed, shall state the number of the original permit and give the time and place of the requested inspection. Applications for permits shall be made at least twenty-four (24) hours in advance and under no conditions shall the work have been started prior to the obtaining of the permit, except as specified in this article. Each application made pursuant to this section and section 23.30.030 shall be accompanied by an application fee in such amount as is prescribed by the Town Council by resolution.

(Code 1968, § 26-20)

When an emergency arises, such as a break in a water main, sewer line, gas main, electric cable or a like emergency, then the necessary work under this article shall proceed without first having obtained a written permit therefor; provided, that the person proceeding with such work shall, within twenty-four (24) hours following the next working day (other than Saturdays, Sundays or legal holidays) mail or deliver an emergency permit application, upon forms to be furnished by the Town, to the Town Engineer, informing the

Town Engineer of the time and place the work was first commenced and the cause of such emergency. The Town Engineer shall sign and file such emergency permit and cause the necessary inspections to be made. If, upon inspection, the work is completed to the satisfaction of the Town Engineer, the Town Engineer shall note the same upon the emergency permit; and in the event the work has not been done to the satisfaction of the Town Engineer, the Town Engineer shall cause such work to be done to the Town Engineer's satisfaction by the person undertaking such work.

(Code 1968, § 26-21)

All work under this article shall be subject to the inspection of the Town Engineer or designees. However, such inspections and the other provisions of this article shall not relieve the applicant or applicant's contractors, agents, or employees from full liability and responsibility for the performance of the work in accordance with generally accepted standards for such design and construction and in conformance to the plans submitted to the Town.

(Code 1968, § 26-22; Ord. No. 1968, § IV, 2-7-94; Ord. No. 2003, § IX, 9-18-95)

In any location wherein underground cable is laid for the purpose of carrying electrical current for street lighting or other purpose, any excavating or digging into or around such area shall be under the inspection and the supervision of the Town Engineer. Before causing any excavating or digging into or around any such area, the person contemplating such work shall, upon authorization by the Town Engineer, notify the Pacific Gas and Electric Company of the location and the time such work is to be done, and request that the electric power affecting such area be shut off, and no work shall be done in such area until the electric power has been shut off. In the event a break in the cable occurs, or any injury is done to the cable or any part or portion of the street lighting electrical system or any other property during this period of operation, or later as a result thereof, the person causing the same shall bear the costs of replacement and repair, as directed by the Town Engineer.

(Code 1968, § 26-23)

Cross reference— Electric franchise, § 27.20.010 et seq.

(a)

The person obtaining a permit under this article, or causing the work under such permit to be done, shall cause the street, road, alley, sidewalk, curb or parking strip to be backfilled, replaced, paved and surfaced in as good condition as it was before.

(b)

The entire expense of replacing any street, road, alley, sidewalk, curb or parking strip in as good condition as before shall be paid by the person to whom a permit is given pursuant to this article, or by whom the work under such permit is done.

(c)

The Town may require the applicant to correct any slumping that occurs in any backfill replacement, pavement, or resurfacing within two (2) years following the completion of the construction under a permit issued pursuant to this article.

(Code 1968, 26-24; Ord. No. 1968, § V, 2-7-94; Ord. No. 2003, § X, 9-18-95)

(a)

No permit shall be issued to any private contractor or utility company contractor which would permit an excavation or pavement cut in a pavement less than three (3) years old unless the applicant can demonstrate clearly to the Town Engineer that the public health and safety require that the contemplated work be permitted. This prohibition shall not apply to public agencies or public utilities when repairs must be made to failed pipelines and conduits or when a new connection which could not have been anticipated must be made. If a permit is issued to open any pavement which is less than three (3) years old, an additional charge shall be made for such opening; provided, however, that such charge may be waived by the Town Engineer when a public agency or public utility can demonstrate to the satisfaction of the Town Engineer that the pavement opening is occasioned by circumstances beyond its control. The additional charge shall be five (5) percent of the regular construction encroachment permit fee for each remaining month, or fraction thereof, of the three-year restricted period.

(b)

If the permittee chooses to do such permittee's own pavement restoration under Town inspection, the additional charge, plus inspection and permit fees, shall be paid by the permittee. The contractor shall be responsible for the pavement restoration for the time period remaining in a seven-year period. Private contractors, not doing utility company work, shall sign a maintenance agreement, providing a guarantee that they will make any necessary repairs at their cost.

(c)

Except where galvanized pipe is used, the backfill shall be either a sand slurry (one (1) to one and one-half (1½) sack mix), be certified by a test to be ninety-five (95) percent compacted or the contractor utility shall provide that an inspector is on hand during the trench restoration. The pavement cross section shall be replaced as the existing, but with one (1) inch additional asphalt or concrete surface course and one (1) inch additional of base material. The trenches shall be T-sectioned and the backfill placed in lifts with tamping in between. Wheel rolled compaction shall not be permitted.

(Ord. No. 1820, § I(26-24.5), 5-7-90)

encroachment.

(a)

The responsibility and liability of a permittee under this article and of the persons doing the work under that permit shall not cease upon completion of the work. The permittee, and the permittee's heirs, successors, and assigns shall remain solely liable and responsible to the public and the Town for the installation, maintenance, and repair of the work unless the Town expressly accepts responsibility in writing for the installed work. Should any defect occur or be discovered following completion of the work, the Town may require the permittee to correct, repair, and replace the defective work at the sole expense of the permittee.

(b)

Any encroachment installed in the public right-of-way subject to this article shall be and is expressly subject to removal by any government entity or public utility lawfully using the right-of-way or the Town if the encroachment interferes with the public convenience or necessity. At no time shall the allowance by the Town of any encroachment in any public right-of-way create any property interest by any person in the continued placement or existence of the encroachment, and no compensation shall be owed to the owner or user of the encroachment for any removal or alteration by a government entity or public utility.

(Code 1968, § 26-25; Ord. No. 1968, § VI, 2-7-94; Ord. No. 2003, § XI, 9-18-95)

All sidewalks, driveways, curbs and gutters shall be constructed of cement concrete in accordance with the specifications, plans and detailed drawings set forth in this article.

(Code 1968, § 26-31; Ord. No. 1968, § VII, 2-7-94)

All sidewalks, driveways, curbs and gutters shall be constructed in accordance with specifications, plans and detailed drawings prepared by and on file with the Town Engineer.

(Code 1968, § 26-32; Ord. No. 1968, § VII, 2-7-94)

Immediately after the completion of the work for which a permit is granted pursuant to this article, the person doing the work shall remove all unused material, refuse and dirt placed by such person on, or in the vicinity of, such work.

(Code 1968, § 26-34; Ord. No. 1968, § VII, 2-7-94)

Cross reference— Garbage, refuse and weeds, Ch. 11.

Work performed under this article shall also conform to all permits, limitations, and other requirements of the Town Code, including but not limited to Chapters 6 and 29, and Chapter 45 of the Uniform Building Code.

(Ord. No. 2003, § VI, 9-18-95)