Wheatland Municipal Code Ch. 12.08 Encroachment Permits

It is unlawful for any person to perform any type of construction, or to place an encroachment of any kind, upon public property or within the public street right-of-way without first having obtained an encroachment permit to do so from the director of public works of the city.

(Ord. 279 § 1, 1983)

For the purposes of this chapter, the following words shall have the meanings set forth in this chapter:

"Director"

means the director of public works of the city.

"Encroachment"

means any type of construction or work, or the placing of an object or thing, whether permanent or temporary upon or within public property.

"Minor encroachment work"

means either:

Removal and/or replacement of curb, gutter and sidewalk for residential property along a minor residential street or a low traffic volume major residential street as determined by the director and where the estimated cost of the work, as estimated by the director is less than one thousand dollars; or

Work within commercial or industrial area that does not affect the traveled right-of-way and where the estimated cost of the work, as estimated by the director, is less than one thousand dollars.

"Person"

means any individual, firm, copartnership, association, corporation, public district or other political subdivision.

"Public property"

includes any area, whether improved or unimproved, which is owned by or under the control of the city.

"Public street"

includes any public right-of-way, highway, street, sidewalk, easement or thoroughfare, whether improved or unimproved, which is owned by or under the control of the city.

(Ord. 279 § 2, 1983)

A. An encroachment permit may be obtained by filing a written application with the director of public works or his or her authorized representative on a form supplied by his or her office or City Hall. The director or his authorized representative shall approve a complete application for encroachment permit within five working days, unless he or she determines that:

1. The permit application does not comply with one or more provisions of this chapter;

2. The work proposed by the application would unreasonably impact or damage a public street or other public place or property, or pose an unreasonable risk to public health, safety or welfare; or

3. The work proposed by the application is not necessary to further an important and legitimate goal or objective of the permit applicant.

B. Any permit applicant aggrieved by the denial of an application for encroachment permit may appeal the decision of the director of public works to the city council by filing a written request to appeal with the city clerk within ten days after the decision of the city building official.

C. Each applicant for an encroachment permit that affects a public street shall be required to deposit a security with the city, in the form of a security bond, cash deposit, savings and loan certificate and share, or letter of credit, in the amount determined by the director to be one hundred percent of the estimated cost of the work to be performed under the encroachment permit. The security shall guarantee:

1. The faithful performance of all terms and conditions of the permit; and

2. That for a period of one year after notice of completion has been filed with the city, the public street shall be free from defect arising from the permittee's work or the failure to comply with the permit or this chapter.

D. For other types of encroachment permits (i.e., ones that do not affect a city street) the director of public works may require a security deposit of the same type and for the same amount as provided in subsection C of this section.

E. As a condition of obtaining a permit under this chapter, the permittee shall pay a fee to cover the city's cost of processing the application and permit and inspecting the work. The amount of the fee shall be thirty dollars plus three percent of the valuation of the work as estimated by the director of public works. The city council may adjust the amount of the fee by resolution. In lieu of paying a separate permit fee on an encroachment-by-encroachment basis, if a permittee that regularly encroaches in public streets, the city may enter into a contract to cover reimbursement of city costs associated with the permittee's encroachments.

(Ord. 279 § 3, 1983; Ord. 377 § 2, 2001)

The permittee shall be responsible for all claims, damages, costs and liabilities arising out of work performed under an encroachment permit. The permittee shall, and by acceptance of a permit under this chapter shall be deemed to agree to, defend, indemnity and hold harmless, the city, its officers, employees, volunteers and agents from and against all claims, damages, costs and liabilities of every nature arising out of work performed under the permit or the failure to comply with the permit or this chapter.

(Ord. 279 § 4, 1983; Ord. 377 § 3, 2001)

A. Every application for an encroachment permit pursuant to this chapter shall be accompanied by a certificate of insurance evidencing coverage for general liability insurance, including comprehensive, premises/operations, explosion/collapse hazard, underground hazard, contractual, broad form property damage, independent contractors and personal injury endorsements in the amount of at least one hundred thousand dollars for each occurrence and three hundred thousand dollars aggregate.

The certificate shall be in a form approved by the city attorney, and shall provide thirty days' advance notice to the city of its cancellation or expiration.

B. The amounts and coverages required by this chapter may be waived or varied by the director in his or her discretion, in the case of minor encroachment work.

(Ord. 279 § 5, 1983)

The permittee shall conduct all construction and excavation work and restoration of improvements in a good and workmanlike manner and shall conform with the construction standards and detail design drawings for such work on file in the office of the city clerk, and to the satisfaction of the public works director. The permittee shall restore, replace, repair and/or clean to the satisfaction of the public works director all improvements (including, but not limited to, concrete, cement and asphalt surfaces) damaged, disturbed, disfigured or removed during the progress of the work. All excavations, refilling of excavations, and restoration, replacement, repair and cleaning work shall be made and done to the satisfaction of the public works director. For underground excavations, the permittee shall comply with requirements of the Underground Service Alert of Northern California. After permittee commences work, it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit, unless an extension of time for good cause shown by the permittee is approved by the director of public works. All work done by the permittee shall be subject to inspection and approval by the director of public works.

(Ord. 377 § 4, 2001)

The director of public works and chief of police are authorized to remove or cure illegal encroachments in the public street right-of-way in accordance with this chapter.

A. Notice. Where possible, notice to remove or cure illegal encroachments shall be given to the owner or other responsible person, allowing a reasonable time for such person to remove the encroachment.

B. Removal by City. Where notice is not possible due to exigency, or the owner is unknown or unavailable, or where the owner or other responsible person fails to remove or cure the encroachment after notice, the encroachment shall be removed or cured by the city. If reasonably possible, any object or thing removed from the public street right-of-way pursuant to this chapter because it was encroaching shall be held for three days to allow the owner to claim it. If the owner fails to claim it, the object or thing shall be disposed of.

C. Costs. The actual cost of removal or cure, storage and disposal of encroachments shall be charged against the owner of the encroachment or the person causing such encroachment. No object or thing removed because it was encroaching shall be released pursuant to this chapter except upon payment of such costs.

(Ord. 279 § 6, 1983)

Any person who violates any provision of this chapter or who fails to comply with any of its requirements is guilty of a misdemeanor and shall be punishable as provided in Chapter 1.16.

(Ord. 279 § 7, 1983; Ord. 412 § 40, 2009)