Maywood Municipal Code Ch. 3 Encroachment Permits

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Editor's note— Ord. No. 13-01, § 3, adopted February 11, 2013, repealed the former Chapter 3, §§ 7-3.01—7-3.35, and enacted a new Chapter 3, §§ 7-3.01—7-3.33. The former Chapter 3 pertained to similar subject matter and derived from Ord. No. 10-02, adopted March 8, 2010.

The standards and procedures provided in this chapter are adopted to protect public safety, to protect and preserve public property, to assure control inspection and maintenance of public and private improvements within public rights-of-way, and for the general health and welfare of the public.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) "Encroach" means constructing or placing permanent structures or improvements over, upon, under, or using any public right-of-way in any manner other than its intended use.

(b) "Encroachment" shall include any of the following acts:

(1) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guard-rail, wall, loading platform, mailbox, pipe, conduit, wire, or other structure on, over, or under a public right-of-way;

(2) Constructing, placing, or maintaining, on, over, under, or within the public right-of-way any subsurface drainage structure or facility, any pipe, conduit, wire or cable;

(c) "Major encroachment" means any permanent improvement attached to a structure or constructed in place so that it projects into the public right-of-way such as basement vaults, bridges, earth retaining structures over three (3') feet above grade, structure connected planter boxes, ramps, or fences over six (6') feet above grade. Projections over any part of the public right-of-way that are not permitted by or which are in excess of the limitations specified in the Maywood Building Code shall also be classified as major encroachments, including theatre marquees, signs suspended above the sidewalk, oriel windows, balconies, cornices and other architectural projections.

(d) "Minor encroachment" means encroachment into the public right-of-way resting on or projecting into the sidewalk area such as subsurface tiebacks, soil nails, concrete stairs, disabled access ramps where more than six (6') feet of sidewalk area is preserved, subsurface foundations extending less than 2 (2') feet from the property line, level landings for garages, landscape features less than two (2') feet in height, conduit for privately owned phone and date lines connecting buildings owned by the permittee, as flower pot, permanent planter boxes, clocks, bus shelters, phone booths, bike racks, fences less than six (6') feet above grade, earth retaining structures less than three (3') feet above grade, benches, and curbs around planter areas. Any encroachment which is not a minor encroachment is a major encroachment.

(e) "City Engineer" includes the City Engineer and his/her authorized delegate.

(f) "Permittee" means any person(s) firm, company, corporation, association, public agency, public utility, or organization and the permittee's successors-in-interest which has been issued a permit for said encroachment by the City Engineer. All obligations, responsibilities, and other requirements of the permittee as herein described, shall be binding on successors-in-interest of the original permittee and subsequent owners of the property benefitted by the encroachment unless otherwise specified in the permit.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) No person shall construct, maintain or place any encroachment without complying with the terms of this chapter. No building permit, zoning permit, use permit, variance or public right-of-way permit for any construction in the public right-of-way will be issued until the encroachment permit has been obtained.

(b) Except as provided in Section 7-3.04, no major encroachment shall be allowed except in compliance with the terms of a permit to be granted to the property owner of abutting real property or his authorized agent by resolution of the City Council. This resolution shall be granted in the sole discretion of the City Council.

(c) Except as provided in Section 7-3.04, no minor encroachment shall be allowed except in compliance with the terms of a permit to be granted to the property owner of abutting real property or his authorized agent by the City Engineer.

(d) The City Engineer shall have authority to decide the classification of an encroachment and his decision shall be final.

(e) A separate permit must be obtained for each separate project for the installation of an encroachment.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) Fees for the processing or issuance of any permits issued pursuant to this section shall be as set forth in the public works master fee schedule, as adopted by resolution of the City Council.

(b) Mitigation fees for tiebacks and soil nails shall be as adopted by resolution of the City Council.

(Ord. No. 13-01, § 3, 2-11-2013)

Notwithstanding the provisions of Section 7-3.05, the following encroachments are specifically prohibited, and no applications shall be accepted nor permits issued therefore:

(1) Construction or maintenance of a loading dock on or in a public right-of-way;

(2) Installation or maintenance of underground tanks, vaults or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies;

(3) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other thing which would obstruct and reduce the capacity of any flood control channel to carry storm water;

(4) Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;

(5) Erection or maintenance of a post, pole, column, or structure for the support of advertising signs;

(6) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations; and

(7) Construction, erection, installation, or extension of a structure intended to be used for profit-making enterprise.

(Ord. No. 13-01, § 3, 2-11-2013)

The following encroachments may be placed or maintained without a permit:

(1) Mailboxes, however, must be placed in accordance with the rules and regulations at the United States Post Office Department and no box shall be placed so as to endanger the life or safety of the traveling public.

(2) Newspaper racks which are installed and maintained in accordance with Chapter 7 of Title 4 of the Maywood Municipal Code.

(3) Lawns of any grass and type not prohibited by other laws.

a. The lawn shall not extend into the traveled way of the public street, not into the drainage ditches, gutters, and other drainage facilities, and not into that portion of the sidewalk area required for pedestrian usage.

b. The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The City may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work. If the lawn is damaged or disturbed in the course of such work, it will be removed and replaced by the permittee doing the work unless the permit specifically states otherwise.

(4) Benches authorized and lawfully maintained under Chapter 2 of Title 5 of the Maywood Municipal Code.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) A separate application must be filed by the property owner or his authorized agency for each permit for a major encroachment. Application for a permit to install a major encroachment shall be filed in the office of the City Engineer. After filing of the application, the City Engineer shall cause an investigation made of the site where the proposed encroachment would be installed. The application must be accompanied by a sketch or plan showing the dimensions and exact location of the proposed encroachment and its relationship to the remainder of the structure and the street lines. A plan shall be required in all cases in addition to a brief written description of the encroachment.

(b) When such application for a major encroachment permit and the details shown upon the accompanying sketch or plan comply with the terms of this chapter and any further requirements set by the City Engineer, the applicant shall post a notice of intent to encroach adjacent to the encroachment site. Any and all response to this notice will be forwarded to the City Engineer for recommendation of approval, conditional approved or denial. All responses, recommendations and findings will be forwarded to the City Council.

(c) The City Council by resolution, if it determines to authorize a major encroachment permit, may prescribe special conditions for granting a conditional revocable permit in compliance with the terms of this chapter and such other conditions as it deems necessary for the preservation or maintenance of the public health, safety and welfare to the extent that it will not substantially impair franchise rights previously granted to a public utility. Such resolution constitutes a conditional revocable permit for encroachment which shall take effect when all other conditions set forth therein and of this chapter shall have been complied with and such permit shall remain in effect as long as the permittee complies with all conditions established for the granting of such permit.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) A separate permit application must be filed for each minor encroachment in the office of the City Engineer. Such application shall be accompanied by a sketch or plan showing the dimensions and exact location of the proposed encroachment and its relationship to any structure, and the sidewalk area. A plan shall be required in all cases in addition to a brief written description of the encroachment. After filing of the application, the City Engineer shall cause an investigation made of the site where the proposed encroachment would be installed.

(b) When such application for a minor encroachment permit and the details shown upon the accompanying sketch or plan comply with the terms of this chapter and any further requirements set by the City Engineer for public health, safety and appearance, the applicant shall post a notice of intent to encroach adjacent to the encroachment site. The City Engineer shall consider any and all responses to the notice in making his decision to deny, conditionally approve or approve the encroachment. Such approval constitutes the granting of a conditional revocable permit for minor encroachment and such permit shall remain in effect as long as the permittee complies with all conditions established for the granting of such permit.

(c) Any person aggrieved by the refusal of a minor encroachment permit required by this chapter may appeal to the City Council. All appeals must be filed with the City Clerk within thirty (30) days of the mailing of the decision of the City Engineer for scheduling on the City Council's calendar.

(Ord. No. 13-01, § 3, 2-11-2013)

Improvement plans prepared by or under the direction of a registered civil engineer may be required by the City Engineer when deemed necessary. The form and content of all plans shall be in accordance with the standards of the Public Works Department and standard engineering practice. When required by the City Engineer, the permittee shall provide detailed engineering calculations for which the design of any public improvements are based.

(Ord. No. 13-01, § 3, 2-11-2013)

No encroachment permit shall be approved unless it is determined that the subject encroachment conforms with the following standards:

(1) No other reasonable method of obtaining the desired results is available except as proposed by the applicant.

(2) The granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to the other property.

(3) The applicant has complied with the City of Maywood's public works specifications.

(4) No major or minor encroachment into a sidewalk may be granted unless a minimum clear space of four (4') feet remains open for public use in the sidewalk area. For the purpose of determining the clear space, poles, parking meters, fire hydrants, regulatory signs and other such objects (street hardware) may not be considered as part of the minimum horizontal clear space reserved for public use. Except for subsurface encroachments of tiebacks and soil nails, in no event may a minor encroachment extend farther than two (2') feet from the property line into the public right-of-way.

(5) All encroachments, except for structures below the walkway such as basement vaults and sidewalk elevators, shall have a minimum height of twelve (12") inches and no portion shall project beyond the base projection of the encroachment unless at a height of eight (8') feet or more above the sidewalk.

(6) There should be clear color differentiation between the sidewalk paving and objects placed or installed in the sidewalk area.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) After installation of the encroachment, the permittee shall be responsible for and exercise reasonable care in inspection and maintenance of the area affected by the encroachment.

(b) The permittee shall repair and make good any alteration or damage to any portion of the street which occurs as the result of work done under the permit, including any and all damage to the street which would not have occurred had such work not been done.

(1) The permittee shall, upon written notice from the City Engineer, immediately repair any injury, damage, or nuisance in any portion of the right-of-way or flood control channel, resulting from the work done under the permit.

(2) In the event that the permittee fails to repair the right-of-way within a reasonable period of time or if the damage requires immediate repair or replacement to protect the public health, safety or welfare, the City may make the necessary repair or replacement. The permittee shall be charged with all the expenses incurred in the performance of the work and the City may assess and record a lien against the permittee's property for such costs.

(Ord. No. 13-01, § 3, 2-11-2013)

No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer and/or his designee.

(Ord. No. 13-01, § 3, 2-11-2013)

(a) Within fourteen (14) calendar days, excluding national holidays, after issuance of an encroachment permit for a permanent encroachment the permittee must record the permit with the County recorder and file a conformed copy of the recorded permit with the City Clerk.

(b) Encroachment permits are transferable to successors in interest of the original permittee unless specifically provided to be nontransferable.

(Ord. No. 13-01, § 3, 2-11-2013)

When any encroachment authorized hereunder is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, such encroachment shall, upon written demand of the City Engineer, be relocated it such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the City may cause such relocation of the encroachment at the expense of the permittee; provided, however, that this section shall become inoperative when any right-of-way shall become a freeway and thus cease to be used for the usual street purposes. Provided, further, that this section shall not apply to any public utility possessing a franchise from the City or State, which franchise, either by express provision or by statute, imposes a relocation obligation upon said public utility.

(Ord. No. 13-01, § 3, 2-11-2013)

The permittee shall keep any permit issued pursuant to this chapter at the site of the work, or in the cab of a vehicle when movement on a public street is involved. The permit shall be shown to any authorized representative of the City Engineer or law enforcement officer on demand. A permit issued for continued use of maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity but shall be made available to an authorized representative of the City Engineer or law enforcement officer within a reasonable period of time after demand is made.

(Ord. No. 13-01, § 3, 2-11-2013)

The City Engineer shall establish such standards, specifications and regulations as he may deem necessary for the proper construction, use and maintenance of encroachments and to further the purpose of this chapter, to the extent that they are not in conflict with the standards set by the California Public Utilities Commission. Any work or use done under a permit issued under the provisions of this chapter shall conform to said standards and specifications. In the absence of specific standards and specifications, recognized standards or construction or approved practices shall govern the work or use.

(Ord. No. 13-01, § 3, 2-11-2013)

The City Engineer is authorized to make such inspections in person or through authorized subordinates as he may deem necessary in connection with permits issued under this chapter. All work done or uses under such permits shall be under the supervision of and to the satisfaction of the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

Existing encroachments that were constructed without a permit are illegal, may be cited as infractions or misdemeanors, and must be either removed or a permit applied for under the provisions of this chapter, with the exception of encroachments constructed by Public Utilities under a valid franchise. If there is no response by the owner or owners within thirty (30) days of notification, the City will have the right to remove the illegal encroachment at the owner's expense.

(Ord. No. 13-01, § 3, 2-11-2013)

By accepting an encroachment permit, the permittee explicitly agrees to hold the City, its officers, and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

(Ord. No. 13-01, § 3, 2-11-2013)

The applicant shall be responsible for securing the consent of any other public agencies which may be required or the permission from adjacent property owners for construction outside of the permittee's property boundary. Evidence of any required consents in a form satisfactory to the City Engineer shall be submitted with the permit application. The applicant shall be responsible for coordinating all necessary work with the City and other public agencies as required.

(Ord. No. 13-01, § 3, 2-11-2013)

Cash deposits or bonds shall not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way.

(Ord. No. 13-01, § 3, 2-11-2013)

No permit for a major encroachment shall be granted until the applicant therefore has placed on file with the City Clerk a written certificate of insurance or copy of the policy showing that insurance is in compliance with this chapter. Such public liability insurance shall be issued by a responsible and solvent corporation, authorized to issue insurance policies under the laws of the state of California. The public liability policy or policies shall insure, in addition to the permit applicant, the City of Maywood, its agents and employees against loss from any liability imposed upon the City of Maywood, its agents and employees for injury or death of any person, or damage to property growing out of the installation of any encroachment(s) for which a permit or permits is or are granted under the provisions of this chapter. The policy or policies shall contain an endorsement declaring the policy or policies as primary coverage on said liabilities. The minimum amount specified in such public liability policy or policies shall be three hundred thousand and no/100ths ($300,000.00) dollars for each occurrence for public liability insurance and seventy-five thousand and no /100ths ($75,000.00) dollars for each occurrence for property damage insurance. Additional amounts may be required as circumstances warrant, at the sole discretion of the City Engineer. The policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. Said policy shall also state that it shall not be cancelled or amended except upon thirty (30) days prior written notice thereof to the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from the date of issuance unless a different period is stated in the permit, or an extension of time is granted by the City Engineer. If the work or use is not begun accordingly, the permit shall become void. Before starting work on which an inspector is required, the permittee shall notify the City Engineer twenty-four (24) hours in advance of beginning such work.

(Ord. No. 13-01, § 3, 2-11-2013)

The permittee shall upon completion of all work authorized in the permit, notify the City Engineer in writing. No work shall be deemed to be completed until such notification of completion is given pursuant to this chapter and the work is accepted by the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the state of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer to specify protective measures or devices in the permit shall not excuse the permittee from complying with all applicable requirements of law.

(Ord. No. 13-01, § 3, 2-11-2013)

Any permit granted under this chapter shall be subject to the right of the City, or any other person or persons, firm, corporation, district or other body of persons entitled thereto, to use that part of the public street for any purpose for which it may be lawfully used, and no part of the public street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use or access thereof denied the general public, or to adjacent private property without the written permission of the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

Any encroachment permit may be revoked, or reinstatement denied, if the permittee fails to comply with any of the provisions of this chapter or any of the special conditions set forth for the granting or maintenance of such permit, or upon a finding of substantially changed conditions so that the public health, safety and welfare requires a change of use of the public right-of-way. The City Council or the City Engineer shall exercise the authority to revoke a permit depending upon the type of encroachment permit, as stated hereinbefore. The notice of revocation shall be given in writing to the owner or his authorized agent. It shall be sent to the owner of record and to the permittee if he is other than the owner of record of the property fronting on the portion of sidewalk and street containing the encroachment. Upon the revocation of any encroachment permit, it shall be the responsibility of the City Engineer to require the permittee at his sole expense to immediately remove the encroachment from the sidewalk or street area and to repair any damage resulting there from to the satisfaction of the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

Pipes or rigid conduits two and one-half (2½") inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces unless otherwise authorized by the City Engineer. If there are two (2) or more pipes, a trench may be allowed. Under no circumstances shall tunneling be permitted, only boring.

(Ord. No. 13-01, § 3, 2-11-2013)

If the work, use or encroachment authorized in the permit issued pursuant to this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the City Engineer.

(Ord. No. 13-01, § 3, 2-11-2013)

Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the City Engineer to do so, said permission to be granted in conformance with requirements as set forth in specifications established by the City Engineer. Replacement of any removed or disturbed monument will be at the expense of the permittee.

(Ord. No. 13-01, § 3, 2-11-2013)

It shall be unlawful for any person to apply paint or other permanent marking substance to any paved surface or curbs, except for official traffic markings made or authorized by the City or its agents, markings of underground facilities in connection with construction or maintenance work, and numbers painted on curbs to identify an address.

(Ord. No. 13-01, § 3, 2-11-2013)

Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits, or similar structures under a permit granted pursuant to this chapter shall maintain accurate and complete maps of location,, size, and character of such facilities, and shall furnish, at no cost to the City, copies of said project related map to the City Engineer upon his demand.

(Ord. No. 13-01, § 3, 2-11-2013)

By the application and acceptance of the permit, the permittee agrees to comply with and be bound by all sections, provisions, and references contained in this chapter.

(Ord. No. 13-01, § 3, 2-11-2013)