Sacramento Municipal Code Art. I In General

The following terms used in this chapter shall have the meanings set forth below:

"Applicant" means the person applying for an encroachment permit, as well as any person owning or operating facilities or requesting to install facilities for which the encroachment permit is being requested.

"City" means the city of Sacramento.

"Director" means the director of the department of public works or designee.

"Encroachment" means the use of city rights-of-way to perform excavations, construction related work, window cleaning; to access overhead or underground public or private utilities; to pressure wash sidewalks or driveways; to place or store construction equipment, materials, trailers, containers, dumpsters, or bins; or for any other similar or related purposes.

"Excavate" means to remove earth, rock, pavement, or other materials from the ground by digging, drilling, potholing, boring, trenching, or any other means.

"Permittee" means the person to whom an encroachment permit is issued, as well as the person owning or operating the facility or installation for which the encroachment permit is issued.

"Person" means any individual, agency or other public or private entity, firm, business, franchisee, contractor, corporation, partnership or other combination of individuals of whatever form or character, excepting the city or a contractor performing work for the city.

"Public right-of-way" means the area across, beneath, in, on, over, under, along and within the public streets, roads, sidewalks, and alleys within the city and includes public utility easements dedicated to the city.

"Utility box" means any underground box, terminal or enclosure.

"Utility cabinet" means any above ground cabinet, pedestal, transformer, communications terminal or box, feature or appurtenance.

"Utility company" means a public or private entity, excluding the city of Sacramento, that provides utility services including, but not limited to, electricity, gas, sewer, water and communications.

"Utility pole" means any structure used to support overhead wires, cables, transformers, and appurtenances, and includes guy wires used for supporting utility poles.

"Utility vault" means any underground room providing access to subterranean utility equipment. (Ord. 2024-0050 § 1; Ord. 2015-0015 § 3; Ord. 2009-022 § 2)

It is unlawful for any person to encroach within public rights-of-way or other city property without first obtaining an encroachment permit from the director and to comply with the requirements of the permit.

Nothing in this chapter shall be construed to prevent any person maintaining any utility facilities in or under any right-of-way by virtue of any law, ordinance or permit, from encroaching in the public right-of-way as may be necessary for the preservation of life or property when the necessity arises, provided that the person shall notify the director within one day after the offices of the city are first opened subsequent to the encroachment. Except as specifically provided otherwise in this chapter, encroachments authorized by this section shall be subject to all fees and requirements of this chapter. (Ord. 2009-022 § 2)

A. Before the city issues an encroachment permit, the applicant shall submit a written application on a form furnished by the director, setting forth:

1. The name and residence or business address of the applicant;

2. The location and approximate area of the encroachment;

3. The purpose, a plan or drawing, and a schedule for the proposed period of encroachment;

4. A traffic control plan, if required;

5. Any additional information required by Article II of this chapter relating to excavations.

B. The applicant shall pay a nonrefundable fee in an amount established by resolution of the city council to defray the city's costs to process the application and provide for site inspections. The fee may include costs incurred by the city to maintain an inventory or database of facilities that are installed, repaired or removed. If the director determines the fee to be inappropriate based on the amount of work to be done to process the application, to inspect the work and to maintain said inventory or database, or for other good cause shown, the director may waive the fee, in whole or in part.

C. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the public right-of-way. (Ord. 2009-022 § 2)

A. Upon receipt of a written application for an encroachment permit, the director shall determine and set forth all requirements, approve or disapprove the application, and, if approved, sign and return it to the applicant with a permit number.

B. No permit shall be transferable.

C. Each permit shall state a time period for commencement and completion of all the permitted work. The director may grant extensions of time for good cause.

D. The director may modify the permit if circumstances or conditions appearing after commencement of the work is commenced make it impossible to comply with the requirements of the permit.

E No person in violation of any requirement of this chapter shall be issued an encroachment permit, nor shall any contractor or agent apply for or be issued an encroachment permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director, which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (Ord. 2009-022 § 2)

The permittee shall comply with all current federal, state and local safety regulations and all federal and state disability laws including those requiring an accessible path of travel. (Ord. 2009-022 § 2)

The permittee shall remove from the public rights-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the permittee's work or activities. (Ord. 2009-022 § 2)

If any part of the work referred to in this chapter is not completed within the time set forth in the permit, the director may provide written notice to the person performing the work to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the director may cause the work to be performed, including such work as will restore the work area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be paid by the permittee within thirty (30) days of notice of the cost. (Ord. 2009-022 § 2)

Any person engaged in activities authorized under an encroachment permit shall, at all times while such work is in progress, keep at the job location the original permit, or a copy thereof, and on demand, exhibit the permit to the director or any police officer. At all times while the work is in progress the person shall also maintain at the job location, a sign, barricade, or other device bearing the person's name. If required by the director, the person performing work shall also display the permit number and the city's construction hotline number. (Ord. 2009-022 § 2)

The director may issue blanket permits to any person to encroach within the public right-of-way or public utility easement for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only encroachments referred to in this section. Except as specifically provided otherwise in this chapter, encroachments authorized by this section shall be subject to all fees and requirements of this chapter. (Ord. 2009-022 § 2)

Neither the city nor any city officer or employee shall be responsible for any damage or loss caused by any encroachment or excavation in any public right-of-way made by any person under the authority of a permit issued pursuant to the provisions of this chapter. The permittee shall be solely liable for any damage or loss arising out of or in any way connected with such encroachment or excavation, and shall fully indemnify, hold harmless and defend city, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorneys' fees), damages, and liabilities of every kind arising out of or in any way connected with such encroachment or excavation, whether or not caused in part by the passive negligence of the city. (Ord. 2009-022 § 2)

A. In addition to the requirements of this chapter, cable television franchisees and licensees shall construct facilities in accordance with the provisions of Chapter 5.28 of this code. In the event of any conflict between the requirements of this chapter and the provisions of Chapter 5.28, the provisions of Chapter 5.28 shall govern.

B. All utility installations permitted under this chapter shall, upon demand of the director, be relocated or modified if required by the city to avoid potential conflicts with a proper governmental use of a public right-of-way. All expenses incurred in relocating, lowering lines, potholing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee.

C. Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall furnish as built plans of the installation showing a correct plan view to scale, details and a profile showing the locations of all elements of the installation based on data obtained in the field during construction.

D. Permittees other than utility companies shall comply with the following additional requirements:

1. Permittee shall take out, pay for and maintain during the period in which the permit is in effect, a policy of public liability and property damage insurance protecting permittee, permittee's agents and employees against any liability, injury or death sustained or suffered by the public or damage to the property of the public by reason of the work carried on under the permit. The public liability insurance shall be for the limits of at least three hundred thousand dollars ($300,000.00) for injury to one and five hundred thousand dollars ($500,000.00) for injury to more than one person, and the property damage insurance limit shall be at least one hundred thousand dollars ($100,000.00). The insurance shall be placed with a company satisfactory to the risk management division of city, prior to the date that work under the permit is commenced. The policy or policies of insurance shall name the city, its officers and employees as additional named insured's and shall contain an endorsement precluding cancellation or reduction in coverage without giving the risk management division at least ten (10) days' written notice prior thereto.

2. If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the risk management division a bond or other security approved by the risk management division in the amount specified on the face of the permit, said bond or other security to fully assure the performance by permittee of all obligations imposed upon permittee under the provisions of the permit and this chapter. (Ord. 2009-022 § 2)

Violation of the terms, conditions and requirements of this chapter and any permit issued pursuant to this chapter by the permit holder shall subject the permit holder to the following actions and penalties:

A. Administrative Penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.

1. Notwithstanding any contrary provision of this code, each day a violation of the following code provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:

a. Section 12.12.020;

b. Section 12.12.070;

c. Section 12.20.080.

2. If applicable, additional administrative penalties may be assessed in accordance with the provisions of Chapter 12.20.

3. The administrative penalty for each violation of any provision of this chapter shall be seven hundred and fifty dollars ($750.00). Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.

4. In addition to the aforementioned penalties, the city may withhold issuance of permits for encroachment or excavation in a city street (issued pursuant to Chapter 3.76 or Chapter 12.12 of this code) to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two-year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.

B. Imposition of the Administrative Penalties. The administrative penalty order shall be imposed in accordance with the provisions of Section 128.010 of this code, and shall contain the following:

• 1. The name and address of the violating party, if known;
• 2. The location, date and time of the violation;
• 3. A description of the act(s) or condition(s) violating this chapter;

4. The amount of the administrative penalty, with instructions for submitting payment to the city;

5. A statement indicating that the administrative penalty may be appealed, in accordance with the provisions of Section 1.28.010(D)(4) of this code, by filing a written notice of appeal with the city clerk no later than twenty (20) days after the order is issued to the violator;

6. A statement indicating that the order imposing the administrative penalty shall be final if it is not appealed within the time required;

7. A statement indicating that a party upon whom a final administrative penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of Civil Procedure Sections 1094.5 and 10946.

All other remedies available to the city including, but not limited to, criminal and civil proceedings. (Ord. 2009-022 § 2)