Scotts Valley Municipal Code Art. II Permits

Except as provided in Section 12.08.090, no person shall do or cause to be done any of the following acts without first obtaining a written permit therefor from the director of public works of the city:

A. Make any opening or excavation for any purpose on a public street;

B. Place, erect or construct any encroachment in or on a public street;

C. Permit the continuation thereof, perpetuate, change or renew any encroachment presently existing on a public street, which encroachment does not have a permit therefor in accord with the terms of this chapter or any other part of this code or other chapter of the city requiring permits;

D. Remove, cut, cut down or destroy any plant, shrub or tree growing within a public street.

(Ord. 56 § 7, 1973)

This chapter shall apply to all public utilities including, without in any way limiting this section, Pacific Gas and Electric Company, Pacific Telephone Company and Scotts Valley county water district.

(Ord. 56 § 8, 1973)

No encroachment permit under the terms of this article shall be necessary for any of the following:

A. The installation of aboveground utilities by Pacific Gas and Electric Company or the Pacific Telephone Company in accord with the franchises respectively granted to them;

B. The temporary storage of building equipment and materials otherwise in conformity with Chapter 44, Part IX of the 1970 edition of the Uniform Building Code;

C. The planting or placing of lawns, plants, shrubs, trees, temporary fences and other removable landscaping within the unimproved portions of a street right-of-way but to the rear of any curb and gutter and comprising a part of the front yard landscaping of a residential use. Such landscaping shall be at the risk of the contiguous owner, and shall be removed by such owner from such right-of-way upon ten days' written notice from the director of public works. Failure to so remove shall make such contiguous owner subject to the provisions of this chapter;

D. Encroachments shown on a final subdivision map which are approved by the council on approval of the final map, or approved on the application for minor subdivision of four or less lots.

(Ord. 56 § 9, 1973)

Editorial Note: Ord. No. 56.2, § 1, adopted Jan. 17, 2018, repealed § 12.08.100, which pertained to director and planning commission—Powers of issuance and derived from Ord. 56 § 10, 1973.

The form of applications for encroachment permits and the form of such permits shall be as approved by the council.

(Ord. 56 § 11, 1973)

Prior to the issuance of an encroachment permit, the applicant shall pay to the city an application fee therefor in accord with the schedule of fees adopted by resolution of the council. Such fees insofar as are applicable shall be established on the basis of cost of inspection. The applicant for such permit shall post a cash or surety bond payable to the city, conditioned on the proper compliance with all of the terms of such permit and this chapter. In addition, the applicant shall post a cash or surety bond payable to the city guaranteeing the maintenance of said encroachment for a period of one year after its completion. Such bond shall be in such amount as the director of public works deems sufficient to cover the cost of completion of the encroachment or the removal of the same and the restoration of the street to its original condition, whichever cost is the greater of the two.

(Ord. 56 § 12, 1973)

Each applicant for an encroachment permit shall agree to indemnify and hold the city harmless from and against any and all claims, demands, actions, suits or liability of whatsoever kind or nature arising or resulting from the doing or refraining from doing of any act permitted by such permit, or the failure to comply with any of the terms of such permit, or arising or resulting in any manner from the erection or construction of such encroachment. The issuing agency may require adequate public liability and property damage insurance as a condition of issuance.

(Ord. 56 § 13, 1973)

Encroachment permits are not a matter of right but are a matter of grace only.

(Ord. 56 § 14, 1973)

Encroachment permits are revocable licenses and may be revoked at any time on ten days' written notice from the officer or agency granting the same.

(Ord. 56 § 15, 1973)

Upon revocation of an encroachment permit, the permittee shall remove such encroachment at his sole expense, and all the provisions of Sections 2.08.020 and 12.08.030 shall become applicable to the permittee.

(Ord. 56 § 16, 1973)