Sand City Municipal Code Ch. 12.12 Encroachments

While it is recognized that special and unusual conditions may justify the erection or installation of encroachments into the sidewalk, street, alley, lane, court, park or other public area of the City, it is the policy of the City that such encroachments be kept to a minimum and in general be permitted for the preservation of public health, safety or welfare or in the furtherance of the general zoning objectives of the City.

(Ord. 86-11 §1.0)

For the purpose of this chapter, the following definitions shall apply:

"Access encroachment"

means any physical improvement associated with the improvement of access from a lot of record or parcel of land to the adjoining street, public right-of-way, park or parkway, such as a driveway, curb, gutter, sidewalk or street improvement.

"Encroachment"

means any physical object including but not limited to any goods, wares, merchandise, merchandise container, refuse or waste container, building materials or equipment, storage box or crate, or structure including but not limited to planter boxes, walls, steps, fences, water and sanitary transmission lines and utility poles and lines except as provided in subsection A of this section.

"Permanent encroachment"

means any encroachment which remains on City property or in the public right-of-way more than 90 days.

"Temporary encroachment"

means any encroachment or access encroachment which is not to remain on City property or in the public right-of-way in excess of 90 days.

(Ord. 86-11 §2.0)

It is unlawful for any person to create, erect, construct, place or maintain any encroachment in or on any sidewalk area, street, public right-of-way, park or parkway without a permit therefor, except as provided in Section 12.12.040.

(Ord. 86-11 §3.0)

Goods, wares, merchandise and materials transported by common carriers may constitute an encroachment in connection with delivery, unloading and restorage in a place of business, provided that such delivery, unloading and restorage is accomplished within two hours, and the encroachment does not occur between the hours of 6:00 p.m. and the immediately following 6:00 a.m.

(Ord. 86-11 §3.1)

Any person desiring to construct, erect or maintain a temporary encroachment shall apply therefor to the City Planning Director setting forth on the application the reasons for the proposed construction or encroachment and the duration of need. Such application shall be accompanied by a certificate of the applicant holding the City harmless and a certificate of insurance for the term of the maintenance of the encroachment establishing that the person responsible for the encroachment has public liability and property damage insurance, with limits not less than one million dollars ($1,000,000.00) single limit for personal injury and/or property damage caused by or due to the presence of the encroachment. The insurance carrier shall certify that the insurance is currently in force and that it will notify the City within 10 days of any material changes in the policy, including nonrenewal thereof. This insurance shall be primary over any other collectible or valid insurance the City may have.

(Ord. 86-11 §4.0)

If, in the opinion of the City Planning Director the issuance of the permit will in no way jeopardize the public health, safety or welfare and that the issuance of the permit is justified by the reasons stated in the application, the City Clerk may issue the permit for the specific period applied for. The City Planning Director has the authority to place conditions on any such permit issued, including but not limited to conditions requiring adequate signs, warnings, lights and other safety devices.

(Ord. 86-11 §4.1)

Any decision of the City Planning Director may be appealed by submitting to the City Clerk, in writing, a request for appeal and the reasons therefor. The City Clerk shall place any such appeal on the next regular agenda of the City Council. Any decision of the City Council shall be final and not subject to further appeal.

(Ord. 86-11 §4.2)

Any person desiring to construct, erect or maintain any access encroachment that is not a temporary access encroachment may apply to the City Engineer for a permit therefor. The application shall include the reasons for the request, a complete description of the proposed access encroachment, including materials, size and function. The application shall be accompanied by a hold harmless agreement, holding the City harmless for any damages to persons or property incurred because of the access encroachment.

(Ord. 86-11 §5.0)

If, in the opinion of the City Engineer the issuance of the permit will in no way jeopardize the public health, safety or welfare and that the issuance of the permit is justified by the reasons stated in the application and is consistent with the law of the City, the City Engineer may issue the permit. The City Engineer has the authority to place conditions on any such permit issued.

(Ord. 86-11 §5.1)

Any decision of the City Engineer may be appealed within 10 days of the decision by submitting to the City Clerk, in writing, a request for appeal and the reasons therefor. The City Clerk shall place any such appeal on the next regular agenda of the City Council. Any decision of the City Council shall be final and not subject to further appeal.

(Ord. 86-11 §5.2)

Any person desiring to construct, erect or maintain any encroachment that is not a temporary encroachment may apply to the City Council for a permit therefor. The application shall include the reasons for the request, a complete description of the proposed encroachment, including materials, size and function. The application shall be accompanied by a hold harmless agreement, holding the City harmless for any damages to persons or property incurred because of the encroachment. In considering encroachment permit application, the City shall consider the potential environmental impacts upon the community and adjoining properties.

(Ord. 86-11 §6.0)

The City Council shall consider the application for the encroachment permit in light of the general zoning objectives of the City and the effect on the general public of the granting of the permit. If the Council determines that the granting of the permit will not jeopardize the public health, safety or welfare, it may authorize granting of the permit.

(Ord. 86-11 §6.1)

When so ordered by the City Council, the City Clerk shall issue a permit for a permanent encroachment. Prior to issuance, the applicant shall file with the City Clerk a certificate of insurance establishing that the applicant has public liability and damage insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit for personal injury and/or property damage caused by or due to the presence of the encroachment. The insurance carrier shall certify that the insurance is currently in force and that it will notify the City within 10 days of any material change in the policy including nonrenewal thereof. This insurance shall be primary over any other collectible or valid insurance the City may have. The permit shall be recorded in the Official Records of Monterey County, California.

(Ord. 86-11 §6.2)

The City Council reserves the right to revoke any encroachment permit at any time. Further, failure of the applicant, his or her heirs or assigns, to maintain the required insurance shall result in the immediate revocation of the permit. In the event of revocation of an encroachment permit, the City Council may order the removal of the encroachment by the permittee or at the City's expense, in which case the cost of the removal may be assessed and become a lien against the property adjacent to the subject encroachment owned by the applicant or benefitted by the encroachment.

(Ord. 86-11 §7.0)

It is expressly provided that the conditions for hold harmless agreements and insurance and the acceptance of the such agreements and insurance or certificates shall not be construed in any way as an assumption of liability by the person, or construed so as to prohibit or limit the City's right to remove or cause a removal of such encroachments as it may from time to time deem advisable, pursuant to applicable law or any provisions of City ordinances.

(Ord. 86-11 §8.0)

The City Council may from time to time and at any time establish a fee schedule by resolution for any encroachment permits.

(Ord. 86-11 §9.0)