Selma Municipal Code Ch. 7 Encroachments

"Public way", when used in this chapter, means the space between the right of way lines and includes, but is not confined to, any street, alley, parking zone or sidewalk. (Ord. 2013-2, 4-1-2013)

(A) 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.

(B) 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 this chapter. This provision shall not apply to minor trimming and pruning which does not involve the placing of ladders or equipment in a public way other than according to parking regulations or the falling or piling of debris in a public way 1

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(C) It is unlawful for any person to operate any overwidth vehicle, including house moving equipment in 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. (Ord. 2013-2, 4-1-2013)

Each person desiring issuance of a permit shall file with the public works director or city engineer 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 contractor's license number of any contractor, the city of Selma business license number of any contractor, and such plans, profiles, specifications and estimates for the improvement as the public works director or city engineer may require. (Ord. 2013-2, 4-1-2013)

By signing the application and submitting it to the public works director or city engineer, the signator shall agree with the city as follows:

(A) That the signator 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 or city engineer, and in accordance with such standards, terms and conditions mentioned in section 9-7-10 of this chapter and as may be determined and specified by the public works director or city engineer.

(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 or city engineer in such permit, and that such work shall be forthwith terminated upon any revocation or suspension of the permit as provided in 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 person or property, or death alleged to arise from any work carried out pursuant to such permit or condition resulting from such work.

(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. 2013-2, 4-1-2013)

(A) It shall be the duty of the public works director or city engineer to survey and set all official line and grade stakes for all work on all public streets, alleys, sidewalks, and public property within the city and to do any and all work which may at any time be ordered or requested by the city council.

(B) The public works director or city engineer shall keep records of all such work done by him, which records shall be and remain the property of the city and at all times be open to public inspection. (Ord. 2013-2, 4-1-2013)

(A) The application mentioned in section 9-7-4 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.

(B) The city council shall establish by resolution a schedule of fees for engineering, inspection, surveying, staking, and other services to be rendered by the city in connection with work to be performed pursuant to the provisions of this chapter. Upon the filing of an application to do the work, the applicant shall pay to the city the estimated cost of such services. (Ord. 2013-2, 4-1-2013)

(A) The signator of such agreement shall deposit with the director of finance 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 9-7-4(A), (B), and (C) of this chapter.

(B) In lieu of such bond, the signator of such agreement may deposit with the director of finance cash to secure the faithful performance of the agreement mentioned in subsections 9-7-4(A), (B) and (C) of this chapter; and the city shall be entitled to deduct from such deposit the expense to the city of 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 or city engineer shall determine to be the probable expense to the city of 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 or city engineer, 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 9-7-4 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 director of finance a bond or deposit which guarantees the faithful performance of the agreement mentioned in subsections 9-7-4(A), (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 or city engineer determines to be the probable expense to the city of completion of any work which the signator may fail to fully perform and the repair of any probable damage to any adjacent public works, 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 or city engineer 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 director of finance. Such bond or deposit is subject to release or exoneration as provided in subsection (E) of this section.

(G) For work which does not exceed one thousand dollars ($1,000.00), the public works director or city engineer 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. 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. 2013-2, 4-1-2013)

(A) No person shall be entitled to a permit pursuant to the provisions of this chapter unless and until he shall have filed and maintained on file with the public works director or city engineer a certificate certifying that such person carries public liability and property damage insurance issued by an insurance carrier determined reliable by the city's risk manager insuring the applicant and the city and its agents against loss by reason of injuries to, or death of, persons or damages to property caused by the applicant, the applicant's agents, or employees in performing any work under such permit in the amounts set by resolution of the city council. Such certificate of insurance shall provide that liability thereunder shall not be canceled until after at least thirty (30) days' prior written notice of such cancellation from the insurer to the city.

(B) Public utilities and other public agencies shall not be required to file with the public works director or city engineer the certificate set forth in subsection (A) of this section provided there shall be filed and maintained with the city engineer a certificate showing the maintenance of a satisfactory plan of self-insurance or that sufficient evidence is presented to the public works director or city engineer that the public utility or other public agency is of sufficient financial responsibility to provide the necessary indemnification. (Ord. 2013-2, 4-1-2013)

No bond or deposit is required with respect to the United States government, or any department thereof, the state of California, or any department or agency thereof, and/or any local public entity, as defined by Government Code section 900.4. (Ord. 2015-2, 2-17-2015)

(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 standard specifications of the city.

(B) The public works director or city engineer 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 or city engineer 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 improvement;

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 9-7-4 of this chapter. (Ord. 2013-2, 4-1-2013)

If the public works director or city engineer determines that unusual circumstances make it advisable, he may refuse to grant the permit and submit the application to the city council for consideration. (Ord. 2013-2, 4-1-2013)

If the public works director or city engineer 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. (Ord. 2013-2, 4-1-2013)

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. (Ord. 2013-2, 4-1-2013)

Nothing in this chapter shall be deemed to make it mandatory that the public works director or city engineer or the city council issue any such permit. (Ord. 2013-2, 4-1-2013)

The issuance of any permit shall not be deemed to imply or guarantee in any way that the city owns free 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 the public way or any other property upon which such work or excavation is done. (Ord. 2013-2, 4-1-2013)

The permit shall be shown on demand to all authorized representatives or peace officers of the city. (Ord. 2013-2, 4-1-2013)

No permit may be assigned; and upon any attempted assignment or transfer thereof, the permit shall be rendered null and void. (Ord. 2013-2, 4-1-2013)

(A) If the public works director or city engineer 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.

(B) If the public works director or city engineer 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.

(C) 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. 2013-2, 4-1-2013)

Immediately prior to commencement of any part of the work the permittee shall notify the public works director or city engineer 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 or city engineer of the time of resumption thereof. (Ord. 2013-2, 4-1-2013)

At any time prior to completion of the work, the public works director or city engineer 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. (Ord. 2013-2, 4-1-2013)

The permittee shall take all precautions necessary to protect the safety of the traveling public. Barricades, lights, warning signs and flagmen 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 or city engineer may specify in the permit the safety devices and precautions to be used by the permittee provided however, failure of the public works director or city engineer 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 section 21401 of the Vehicle Code of the state. If the public works director or city engineer finds, at any time, that suitable safeguards or precautions are not provided by the permittee, the public works director or city engineer may provide and maintain such safeguards or precautions as he deems necessary or he may revoke or suspend the permit as provided in section 9-7-18 of this chapter and restore the public way to its former condition, all at the expense of the permittee. (Ord. 2013-2, 4-1-2013)

The permittee shall not allow unreasonable amounts of debris to accumulate upon the public way, and if the public works director or city engineer 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 section 9-7-18 of this chapter and/or the city may remove the debris at the expense of the permittee. (Ord. 2013-2, 4-1-2013)

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 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 of 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 or city engineer. If the permittee fails or refuses to repair and restore the public way or any subgrade to the satisfaction of the public works director or city engineer within a reasonable time, the public works director or city engineer 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 or city engineer shall cause such repairs to be made and the permittee shall reimburse the city for the full cost of the additional repairs. (Ord. 2013-2, 4-1-2013)

Upon completion of the work authorized by the permit, the permittee shall file with the public works director or city engineer the notice of completion of work on a form prescribed by the public works director or city engineer. (Ord. 2013-2, 4-1-2013)

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 or city engineer as in this chapter provided. (Ord. 2013-2, 4-1-2013)

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. 2013-2, 4-1-2013)

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. 2013-2, 4-1-2013)

See section 1-4-1 of this code. (Ord. 2013-2, 4-1-2013)