Tiburon Municipal Code Ch. 19 Encroachments

For the purposes of interpreting, implementing and enforcing this chapter, the following terms are defined:

"Encroachment permit" means a permit issued by the town to approve work within, upon, or beneath town streets, street rights-of-way, or on town-owned land.

"Long-term encroachment" shall mean an encroachment whose duration is intended to exceed eighteen months.

"Memorandum of encroachment" shall mean a document in form approved by the town attorney, to be recorded in the Office of the Recorder of Marin County and which describes a permitted encroachment and its conditions of approval.

"Street" is a way or place of whatever nature that is publicly maintained and open to the use of the public for vehicular or pedestrian travel, or both.

"Street rights-of-way" shall mean a fee, easement or other interest in land that permits the owner to use the subject property for vehicular or pedestrian travel or both.

"Temporary encroachment" shall mean an encroachment whose duration is limited to eighteen months, after which it shall be removed from town property.

"Town council" means the Town Council of the Town of Tiburon.

"Town engineer" means the Town Engineer of the Town of Tiburon or his designee.

"Town-owned land" means real property in which the town holds an interest, including, without limitation, fee title ownership, easement or leasehold.

"Town streets" shall mean any town-maintained street within the town's boundaries.

"Town street right-of-way" shall mean a street right-of-way that is owned or maintained by the town, or both.

"Work" means, without limitation, the erection of any structure; placement of any improvement; filling; excavation; installation or removal of utility lines or pipes; installation or removal of telecommunications facilities (as defined in title III, chapter 9, section 9-2 of this Code); installation or construction of curb cuts, curbs or gutters; installation or construction of sidewalks or driveways; installation of roadway approaches; or removal or planting of trees or shrubs. "Work" shall also include installation or construction of sidewalks or driveways; installation of roadway approaches; removal or planting of trees or shrubs, or any activity that interferes with or obstructs the free flow of traffic, pedestrians or normal parking activities on public streets. "Work" shall also include, without limitation, the business or trade of selling, vending, hawking or peddling any merchandises, article or item whatever.

(Ord. No. 489 N.S., § 2 (part))

(Ord. No. 520 N.S., § 2A., 3-17-2010)

An encroachment permit for work within, upon or beneath the town streets, street rights-of-way, public easements or town-owned land shall be required and issued in accordance with this chapter and, as applicable, chapter 19A and division 2, chapter 5.5 (sections 1450 et seq.) of the California Streets and Highways Code and the provisions of this chapter.

(Ord. No. 489 N.S., § 2 (part))

(a) All applications for encroachment permits shall be on forms supplied by the town and shall be accompanied by a drawing and/or plan clearly describing the proposed work, as well as any other materials specified on the town's application forms.

(b) Except for exemptions specified herein, all applications shall be accompanied by a nonrefundable application fee as established in the town's current fee schedule.

(c) An inspection fee shall also be established and levied as deemed necessary. Prior to the issuance of an encroachment permit, the applicant shall deposit an inspection fee determined by the town engineer as adequate to recover the costs of inspection.

(d) If any work requiring an encroachment permit is begun without a permit, the application fee shall be doubled as a penalty and to compensate for the extra staff time involved in inspecting completed or partially completed work.

(Ord. No. 489 N.S., § 2 (part))

(a) Town action on an application for an encroachment permit shall be subject to any policies and procedures adopted by the town to implement this chapter.

(b) The town council shall review and act upon the following encroachment permit applications:

(1) Encroachment permit applications entailing the construction of buildings, car decks, carports, garages or other long term encroachments of a substantial nature; and

(2) Encroachment permit applications that would have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety.

(c) The town council may approve, approve with conditions or disapprove the application. If approved, such applications shall require a recorded memorandum of encroachment. In no event shall construction of enclosed living space be allowed to encroach within a town street, easement or right-of-way.

(d) The town engineer may act upon all applications not subject to town council review under subsection (b). The town engineer, may approve, approve with conditions or disapprove the application, conditions of approval may include, without limitation, recordation of a notice of encroachment. The town engineer shall also have discretion to refer any application to the town council for action.

(e) The decision of the town engineer may be appealed to the town council pursuant to provisions of title IV, chapter 16, division 16-66 of the Code.

(f) In no event shall construction of enclosed living space be allowed to encroach within a town street, easement or right-of-way.

(Ord. No. 489 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4B., 3-17-2010; Ord. No. 520 N.S., § 2B., 3-17-2010)

(a) The town engineer may revoke any encroachment permit. The decision of the town engineer to revoke a permit may be appealed to the town council pursuant to provisions of title IV, chapter 16, section 16-66 of the Code.

(b) Each encroachment permit shall contain a statement that it is revocable by the town.

(c) An encroachment permit shall contain, without limitations, the following condition:

Upon the expiration of an encroachment permit, either under its own terms or due to revocation by the town, the permittee will promptly and diligently relocate or remove the encroachment at his sole expense. The permittee must complete the removal or relocation within sixty days of expiration of the encroachment permittee unless the town engineer authorizes a longer period.

(Ord. No. 489 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4B., 3-17-2010; Ord. No. 520 N.S., § 2C., 3-17-2010)

The permittee or his assigns in interest shall be responsible for maintenance and repair of any work for which a permit was issued. Should at any time any work performed under the encroachment permit become defective through lack of proper maintenance, such defect shall be considered as sufficient reason for revocation of the permit as provided in section 19-5.

(Ord. No. 489 N.S., § 2 (part))

Before granting a permit under the provisions of this chapter, the decisionmaking body may require the applicant to file with the town a satisfactory surety and one-year maintenance bond, or other form of monetary security acceptable to the town engineer, in such amounts as the decisionmaking body deems sufficient to guarantee completion and maintenance of the improvements.

(Ord. No. 489 N.S., § 2 (part))

(a) Before granting a permit under the provisions of this chapter, the decisionmaking body may require the applicant to file with the town a certificate of insurance for bodily injury and property damage liability naming the town as additional insured. The minimum limits of such insurance shall be fixed by the town engineer in such amounts as he deems sufficient, and in fixing the limits he shall use as his basis the cost and hazards involved in the work sought to be performed under the permit.

(b) In cases involving excavation, grading, or trenching, the applicant shall be wholly responsible for locating any underground utilities.

(Ord. No. 489 N.S., § 2 (part))

A permittee may excavate openings in town streets or street rights-of-way to make repairs in the case of an emergency requiring immediate action. In such cases, any affected utility companies and the town engineer shall be promptly notified of any such action and such permittee, at his own expense, shall immediately replace such street or street right-of-way in as good condition as before such excavation.

(Ord. No. 489 N.S., § 2 (part))

In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(Ord. No. 489 N.S., § 2 (part))