Reedley Municipal Code Ch. 5 Encroachments

PUBLIC WAY: The space between the right of way lines and includes, but is not confined to, any street, alley, parking zone or sidewalk.

PUBLIC WORKS DIRECTOR: The public works director of the city, or his designee. (Ord. 555, 3-2-1976)

A. Permit Required:

1. 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 the provisions of this chapter. (Ord. 555, 3-2-1976)

2. 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 chapter 2 of this title. (Ord. 555, 3-2-1976; amd. 2007 Code)

3. 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.

B. Permit Application; Contents: Each person desiring issuance of a permit shall file with the public works director 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 public works director may require.

C. Permit Fees:

1. The agreement mentioned in section 7-5-3 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. (Ord. 55, 3-2-1976)

2. The signator of the agreement shall pay to the city, prior to the issuance of any permit, a fee in an amount as set from time to time by resolution of the city council. Failure to undertake the work shall not be grounds for refund of any part of such fee. (Ord. 555, 3-2-1976; amd. 2007 Code)

3. No fee shall be required of any public agency or public utility company operating under a franchise issued by the city or state.

D. Permit Issuance:

1. Refer Application To City Council: If the public works director determines that unusual circumstances make it advisable, he may refuse to grant the permit and submit the application to the city council for consideration.

2. Appeals: If the public works director 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 city council for issuance of the permit.

3. Determination By City Council: Upon any such referral or appeal 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.

E. Permit Issuance Not Mandatory: Nothing in this chapter shall be deemed to make it mandatory that the public works director or the city council issue any such permit.

F. Permit Displayed: The permit shall be shown on demand to all authorized representatives or peace officers of the city.

G. Permit Nontransferable: No permit may be assigned; and upon any attempted assignment or transfer thereof, the permit shall be rendered null and void.

H. Permit Revocation Or Suspension:

1. If the public works director determines that the work has not been commenced within sixty (60) days after issuance of the permit, or has not been diligently prosecuted, he may revoke the permit.

2. If the public works director 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 may suspend the permit.

3. 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. 555, 3-2-1976)

Before such permit may be issued an agreement shall be signed and filed with the public works director wherein the signatory shall agree with the city as follows:

A. That the signatory 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 public works director and in accordance with such standards, terms and conditions mentioned in section 7-5-6 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 substantially completed within the time designated by the public works director in such permit, and that such work shall be forthwith terminated upon any revocation or suspension of the permit as provided in subsection 7-5-2H of 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 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; and

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. 555, 3-2-1976)

A. The signator of such agreement shall deposit with the finance director 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 7-5-3A, B and C of this chapter.

B. In lieu of such bond, the signator of such agreement may deposit with the finance director cash to secure the faithful performance of the agreement mentioned in subsections 7-5-3A, B and C of this chapter; and the city shall be entitled to deduct from such deposit the expense to the city for completion of the work or repair of such damage by the city if the signator fails to so perform the same.

C. The amount of such bond or deposit shall be such reasonable sum as the public works director shall determine to be the probable expense to the city for 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.

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 city council for release or exoneration of the bond, or any depositor of such fund or his assigns may apply to the city council for release of his 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 public works director and certification of such fact to the city council and the amount required in his 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 city council shall withhold such amount and release the balance of the deposit to the depositor thereof or his 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 7-5-3 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 finance director a bond or deposit which guarantees the faithful performance of the agreement mentioned in subsections 7-5-3A, 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 public works director determines to be the probable expense to the city for 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 public works director 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 finance director. Such bond or deposit is subject to release or exoneration as provided in subsection E of this section. (Ord. 555, 3-2-1976)

G. For work which does not exceed one thousand dollars ($1,000.00), the public works director, within his sole discretion may, in lieu of the above mentioned 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 7-5-3A, 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 or such other date specified by the public works director or the city may cause the work to be done and the costs assessed as a lien against the property. Said agreement shall be in the form of covenants which will attach to and run with the land. The city shall cause the agreement to be recorded in the county recorder's office, the recording fee to be paid by the permittee. After successful completion of the improvements or payment of the lien, the permittee may apply to the city council for release of the agreement.

H. For work in excess of one thousand dollars ($1,000.00) and for good cause shown, the city council may, in its sole discretion, enter into an agreement without security as provided in subsection G of this section. (Ord. 585, 9-6-1977)

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 7-5-3 of this chapter shall be modified accordingly;

C. The provisions of subsection 7-5-6C1 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. 555, 3-2-1976)

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 subdivision provisions, title 11, chapter 5 of this code.

B. The public works director may in his 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 he finds that such modifications will not be detrimental to the public interest.

C. The public works director shall have 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 grades 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 or 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 7-5-3 of this chapter. (Ord. 555, 3-2-1976)

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. 555, 3-2-1976)

A. Notice Of Commencement: Immediately prior to commencement of any part of the work, the permittee shall notify the public works director of the time thereof. If the work stops for a period of more than ten (10) days, the permittee shall notify the public works director of the time of resumption thereof.

B. Additional Requirements: At any time prior to completion of the work, the public works director may prescribe such additional conditions as he may deem necessary for the protection of any public way or 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.

C. Safety Precautions: The permittee shall take all precautions necessary to protect the safety of the traveling public. Barricades, lights, warning signs and flaggers shall be provided and maintained by the permittee whenever necessary, at his own expense, until any excavation is refilled or obstruction removed, and the public way is safe for the use of the traveling public. The public works director may specify in the permit the safety devices and precautions to be used by the permittee; provided, however, failure of the public works director 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 Vehicle Code section 21400. If the public works director finds, at any time, that suitable safeguards or precautions are not provided by the permittee, the public works director may provide and maintain such safeguards or precautions as he deems necessary or he may revoke or suspend the permit as provided in subsection 7-5-2H of this chapter and restore the public way to its former condition, all at the expense of the permittee.

D. Removal Of Debris: The permittee shall not allow unreasonable amounts of debris to accumulate upon the public way, and if the public works director 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, he 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 subsection 7-5-2H of this chapter, and/or the city may remove the debris at the expense of the permittee. (Ord. 555, 3-2-1976)

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. Crushed rock may be used to replace modified subgrade. If a treated or modified surface of a public way has been removed and 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 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 public works director. If the permittee fails or refuses to repair and restore the public way or any subgrade to the satisfaction of the public works director within a reasonable time, the public works director 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 public works director shall cause such repairs to be made and the permittee shall reimburse the city for the full cost of the additional repairs. (Ord. 555, 3-2-1976)

Upon completion of the work authorized by the permit, the permittee shall file with the public works director the notice of completion of work on a form prescribed by the director. (Ord. 555, 3-2-1976)

A. Kinds Allowed: No awning, except folding or rolling canvas awnings, shall be constructed over the sidewalks within the fire limits, without permission of the city council.

B. Height Limits: All such awnings shall be at least six feet (6') from the sidewalk at the lowest point. (Ord. 555, 3-2-1976)

A. Purpose: The purpose of the regulations and standards in this section is to allow increased business and pedestrian activity by providing safe and visually appealing opportunities for outside dining in public rights of way in the area described as follows:

Both sides of G Street to the first easterly and westerly alleys, between 10th Street and 12th Street; properties fronting on 11th Street from F Street to the first westerly alley; properties fronting on the south side of 12th Street, between the first easterly and westerly alleys from G Street.

B. Definitions:

OUTDOOR DINING: As applied in this section, means the use of public rights of way by a licensed eating establishment for the placement of a limited number of tables and chairs for the serving and consumption of food and/or beverages.

RIGHTS OF WAY: Sidewalks abutting the frontage of an eating establishment.

C. Encroachment Permit Required For Outdoor Dining: Outdoor dining is allowed in public rights of way subject to issuance of an encroachment permit pursuant to this section.

D. Where Permissible: Outdoor dining is not permitted where the speed, volume or proximity of vehicular traffic is not compatible with sidewalk dining, as determined by the city engineer. All outdoor dining areas must be adjacent to and incidental to the operation of an indoor restaurant. Use of the sidewalk must be confined to the actual sidewalk and public right of way frontage of the indoor restaurant building.

E. Required Sidewalk Width: Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor dining area shall leave not less than five (5) continuous feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic.

F. Alcoholic Beverages: The service and consumption of alcoholic beverages shall be permitted in an outdoor dining area provided that alcoholic beverage sales are permitted by the underlying zoning and subject to issuance of a conditional use permit in accordance with title 10, chapter 18 of this code. The service of alcoholic beverages shall be restricted solely to on premises consumption by customers within the outdoor dining area. Alcoholic beverages may be served with full meals only. The operator shall post a written notice to customers that the drinking or carrying of an open container of alcoholic beverage is prohibited and unlawful outside the outdoor dining area. The outdoor dining operation must be duly licensed by the state department of alcoholic beverage control.

G. Health Standards: The operator shall not permit the following outside the building: food preparation, tables preset with utensils, glasses, napkins, condiments, busing service stations or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the operator. Restrooms sufficient for indoor and outdoor dining shall be provided in the adjoining indoor restaurant. The operator shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition.

H. Hours Of Operation: Hours of operation for outdoor dining areas shall not exceed those of the adjoining indoor restaurant.

I. Special Closures: Outdoor dining, pursuant to an encroachment permit, is an interruptible or terminable privilege. The city shall have the right and power, acting through the city manager, to prohibit or interrupt the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from emergencies occurring in the area. To the extent possible, the permittee shall be given notice of any time period during which the operation of the outdoor dining area will be prohibited by the city.

J. Permit Issuance, Findings And Conditions: The city engineer is authorized to issue the necessary encroachment permit for use of designated portions of the right of way subject to all applicable provisions of this chapter. The city engineer shall condition the permit on:

1. Execution of an agreement holding the city harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians, in a form acceptable to the city attorney.

2. The operator providing the city with proof of general liability insurance with minimum coverage of five hundred thousand dollars ($500,000.00) per occurrence which lists the city as an additional insured on the endorsement and specifies location and circumstances. For those businesses licensed by the department of alcoholic beverage control to serve alcoholic beverages in outdoor dining areas, the liability coverage described in the preceding sentence shall be increased to one million dollars ($1,000,000.00).

3. Such other conditions as are necessary for public safety or to protect public improvements, including the hours of operation and term of the permit, and the extent and location of tables and chairs permitted.

4. Conditions necessary to restore the appearance of the city right of way to its original condition on termination of use.

K. Revocation: An encroachment permit for outdoor dining may be revoked by the city engineer following notice to the permittee, as provided in subsection 7-5-2H of this chapter. The permit may be revoked if one or more conditions of the permit or of this section have been violated or if the outdoor dining area is being operated in a manner which constitutes a nuisance, or the operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area.

L. Appeal Procedure: In accord with the following provisions, any applicant or other interested person dissatisfied with any decision made under this section may appeal such decision to the city council in accordance with subsection 7-5-2D2 of this chapter.

M. Enforcement: The city engineer, community development director and chief of police, or other person authorized by the city manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with the regulations, general provisions or conditions imposed upon the encroachment permit for outdoor dining. (Ord. 95-003, 2-28-1995)

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 public works director as in this chapter provided. (Ord. 555, 3-2-1976)

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. 555, 3-2-1976)

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. 555, 3-2-1976)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon the conviction thereof, shall be punishable as prescribed in section 1-4-1 of this code. (Ord. 555, 3-2-1976)