Nevada City Municipal Code Art. II Encroachment Permits

It is unlawful for any person to encroach or cause to be made any encroachment, of any nature whatever within, upon, over, or under the surface of any right-of-way without having first obtained from the City Engineer a written encroachment permit in full compliance with this chapter. Actions which comprise an encroachment include making any alteration of any nature; constructing, maintaining, or leaving any obstruction or impediment of any nature; removing, cutting, or trimming trees; setting a fire; excavating; placing any pipeline, conduit, or other fixture; moving over or causing to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; and placing any structure, wall, culvert, or embankment.

(Ord. No. 2021-04, § 1, 4-28-2021)

The prohibitions contained in this article shall not apply to the following:

A. To any person encroaching or causing an encroachment on a public right-of-way as may be necessary for the preservation of life or property when an urgent necessity arises. The person making an emergency encroachment on a public right-of-way shall immediately notify the City Engineer or the police department and apply for and obtain an encroachment permit as soon as practicable;

B. To officers or employees of the city acting in the discharge of their official duties;

C. To any persons acting in a manner expressly authorized by a street closure permit approved by City Council; and

D. To solid waste collection containers presented for collection as required by and in conformance with Chapter 8.12.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. Application for an encroachment permit shall be made on a form provided by the City Engineer. The application shall state the name and residence or business address of the applicant; the location, type, and purpose of the proposed encroachment; duration of time requested for encroachment and, if requested, a drawing and other information showing the location and extent of the encroachment.

B. If the encroachment includes an excavation, the application shall also provide the following information:

1. The location and approximate area of the excavation, including its approximate length and width;

2. If the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes;

3. The purpose of the excavation; and

4. A plan showing the location of the proposed excavation, its dimensions, and any other details the City Engineer may require.

C. If the encroachment is for Temporary Storage Containers, additional review by City Engineer may be required to determine if the location is acceptable. The Temporary Storage Container, if placed in street, requires a permit, must be legal parking space, cannot block vehicle stopping sight distance, have reflectors, and only for a maximum of 72 hours.

D. Application shall be signed by an individual who has authority to sign on behalf of, and bind, the applicant. Permits shall be issued only to the person making application therefor and may not be assigned to another person or location by the permittee.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. At the time the permit is issued, the applicant shall pay a nonrefundable inspection fee in an amount established by resolution of the city council to cover the cost to process the application and to provide requisite inspections. The City Engineer is authorized to reduce or waive the inspection fee if the City Engineer determines the fee to be inappropriate based on the nature of the work. The fee is a minimum deposit. For lengthy projects or projects requiring heavy staff involvement, actual cost for inspection time will be invoiced by the city to the permittee for all work covered by the permit.

B. No fee or requirement authorized or imposed by this chapter shall be construed to affect or alter in any way the obligation of utility service providers with facilities installed in the public right-of-way to relocate the facilities at the request of the city when that relocation is required by the city to accommodate a proper governmental use of the public right-of-way.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. Before the encroachment permit is issued, the applicant shall post with the City Engineer security approved as to type and form by the city attorney and in the amount stated below, to guarantee the faithful and proper performance of the work:

1. One hundred percent of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the work or act;

2. One hundred percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractor, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act, if appropriate; and

3. The amount determined to be necessary to guarantee or warrant the work for a period of one year following completion or acceptance against any defective work or labor done or defective materials furnished.

The security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

B. The City Engineer may waive or reduce the amount of the required security if the applicant provides satisfactory evidence of financial ability in proportion to the nature and scope of the work to be performed, or if the applicant is a public utility.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. Before the encroachment permit is issued, the applicant shall file with the city a certificate of insurance, properly executed and showing that the applicant has in effect general liability, automobile, and worker's compensation insurance, as well as the necessary endorsements specified by the city, in the amounts as determined by the City Engineer to be appropriate for the work to be performed.

B. The City Engineer may waive, reduce, or modify the type or amount of insurance required or the endorsements required, if the applicant shows satisfactory evidence of self- insurance or as otherwise appropriate for the nature and scope of the work to be performed, or if the applicant is a public utility.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. Upon receipt of a complete application, payment of the fee, and required security and insurance documents in compliance with all of the requirements of this chapter, the City Engineer shall issue the encroachment permit, subject to whatever conditions the City Engineer, in his or her professional judgment, determines to be necessary or convenient to protect the public health, safety and welfare, and for the protection of the city, during the term of the work authorized by the permit.

B. The City Engineer shall deny a permit to any person who has failed to comply with any provision of this chapter in connection with the encroachment permit.

C. An encroachment permit shall be void if the proposed work is not commenced within the time limit shown on the permit and the work is diligently completed, unless the work was subject to excusable delay or prior arrangements are made with the City Engineer.

D. The permittee shall notify the City Engineer not less than forty-eight hours prior to commencement of work under the permit.

E. Encroachment work shall be confined to the locations and work described in the permit and shown on the plans filed with the City Engineer. If circumstances appearing after the encroachment is commenced make it impossible to comply with the permit, the City Engineer may grant a waiver to take the circumstances into account.

F. No encroachment permit shall be transferable.

G. Except in the case of an emergency, no work shall be done at any time other than between the hours of eight a.m. and five p.m. from Monday through Friday, unless specified otherwise on the permit.

H. Keep Permit on the Work Site: The Encroachment Permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the City or any law enforcement office on demand.

(Ord. No. 2021-04, § 1, 4-28-2021)

The City Engineer may revoke any encroachment permit issued under this chapter for noncompliance with any of the provisions of this chapter or any conditions of the permit.

(Ord. No. 2021-04, § 1, 4-28-2021)

A. The denial or revocation of an encroachment permit by the City Engineer may be appealed by the applicant or permit holder to the city council within ten (10) days thereafter. Such appeal may be a simple statement in writing setting forth in common terms the basis of the appeal.

B. If a hearing is requested, the city council shall set a time for the hearing. The request for hearing shall be accompanied by the appropriate fee in an amount as established by council resolution. At least fifteen (15) days' notice of hearing shall be given.

C. The decision of the city council shall be final.

(Ord. No. 2021-04, § 1, 4-28-2021)