Rohnert Park Municipal Code Ch. 12.04 Encroachments

As used in this chapter:

"City street" means and includes all or any part of the entire width of a city street, public right-of-way, or city-owned utility easement, whether or not such entire area is actually used for street purposes.

"Encroachment" means and includes any curb, gutter, culvert, sidewalk, underground utility, above-ground utility or any other structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, under or over any portion of a city street. The term "encroachment" does not include trees, shrubs, or plants.

"Person" means and includes every person, firm or corporation constructing an encroachment itself or through the services of any employee, agent or independent contractor.

(Ord. 783 § 1, 2007: Ord. 712 § 1 (part), 2004: Ord. 23 § 1, 1963)

(Ord. No. 853, § 1, 2-12-2013)

A. The city engineer or public works director may issue written permits authorizing the permittee to do any of the following acts:

1. Make an opening or excavation for any purpose in any city street;

2. Place, change, or renew an encroachment, except that no permit shall be required for changes, renewals or replacements of encroachments installed by public utilities corporation where such changes, renewals or replacements require no opening or excavation of a city street.

B. Any person who does any of the acts specified in this section without the authority of such a permit is guilty of a misdemeanor.

(Ord. 23 § 2, 1963)

Any act done under the authority of a written permit issued pursuant to the provisions of Section 12.04.020 of this chapter shall be done in accordance with the applicable provisions of this chapter and the terms and conditions of such permit.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 3, 1963)

Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the city street in as good condition as before, and may provide such other conditions as to the location and the manner in which the work is to be done as the city engineer or public works director finds necessary for the protection of the street.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 4, 1963)

Any permit issued to a permittee of the class specified in Section 12.04.110 shall contain a provision that in the event any future improvement of the street to accommodate public travel necessitates the relocation or removal of an encroachment placed pursuant thereto, the permittee will relocate or remove the same at his sole expense. In such event, the city engineer or public works director shall serve on the permittee his written demand specifying the place of relocation or that the encroachment must be removed from the city street and specifying a reasonable time within which work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in such demand and thereafter diligently prosecute the same to completion; provided, however, that this provision shall remain in effect only so long as the city street in, under, or over which such encroachment is located shall be used for usual street purposes and not as a state freeway, and this provision shall cease to apply when such city street shall become a state freeway. All permits other than those issued to permittees of the class specified in Section 12.04.110 of this chapter are revocable on five days' notice and any encroachment placed pursuant to such permit so revoked must be removed or relocated as may be specified by the city engineer or public works director in the notice revoking the permit and within the time specified by the city engineer, which time shall not be less than five days unless the permit so provides.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 5, 1963)

The city engineer or public works director may supervise any work done under permits issued under the provisions of this chapter.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 6, 1963)

Permittees under this chapter may excavate within city streets for the purpose of making repairs in cases of emergency requiring immediate action. In such cases the city engineer or public works director shall be promptly notified of any such action, and such permittee at his own expense shall immediately replace such city street in as good condition as before excavation.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 7, 1963)

Before granting a permit under the provisions of this chapter the city engineer or public works director may require the applicant to file with the city council a satisfactory bond payable to the city in such amount as the city engineer or public works director deems sufficient conditioned upon the proper compliance by the permittee with the provisions of this chapter.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 8, 1963)

Any licensed contractor desiring to perform work of the nature covered in this chapter may file with the city council a faithful performance bond annually, covering all permits required under this chapter by such licensed contractor for each year, in such amounts as the city engineer or public works director deems sufficient, conditioned upon proper compliance by such licensed contractor with the provisions of this chapter.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 9, 1963)

In addition to the requirements provided in Sections 12.04.080 and 12.04.090 of this chapter and before granting a permit under the provisions of this chapter, the city engineer or public works director may require each applicant to file with the city council a certificate showing the maintenance of insurance or a satisfactory plan of self-insurance to cover the liability of the permittee for property damage and injuries to persons in connection with the work sought to be done under the permit.

Where no satisfactory plan of self-insurance is provided, the minimum limits of such insurance shall be fixed by the city engineer or public works director in such amounts as he deems sufficient. In fixing such limits, the city engineer or public works director shall use as his basis the costs and hazards involved in the work sought to be performed under this permit.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 10, 1963)

Except as otherwise provided in this section, the bonds specified in Sections 12.04.080 and 12.04.090 of this chapter shall not be required of any city, public corporation, political subdivision or public utilities corporation which is authorized by law to establish or maintain any works or facilities in, under, or over any city street, nor shall the application of any person of the class specified in this section for a permit be denied. Each such applicant is entitled to a permit, but is otherwise subject to the provisions of this chapter and to all reasonable conditions and provisions made by the city engineer or public works director in any such permit.

The city engineer or public works director may require of any such applicant a bond in a sum not to exceed twenty thousand dollars if such applicant has, in fact, prior to such application, failed to comply with the provisions of this chapter or with the provisions of a previous permit.

(Ord. 712 § 1 (part), 2004: Ord. 23 § 11, 1963)

Fees shall be set forth in a fee schedule adopted by separate resolution of the city council.

(Ord. 712 § 2, 2004)

Editor's note— Ord. No. 853, § 1, adopted Feb. 12, 2013, repealed § 12.04.130, in its entirety. Former § 12.04.130 pertained to "Denial of application for cable operator or video service provider encroachment permits." See Ordinance List and Disposition Table for derivation.