Williams Municipal Code Ch. 12.14 Encroachments

No person shall make, cause or permit to be made any excavation in or under the surface of any city street, alley, sidewalk or other public place in the city for any purpose without first obtaining from the city building official a written encroachment permit to make such excavation. A city encroachment permit shall be personal to the permittee named in the permit and shall not be transferrable or assignable to any other person. Any contractor performing work under a contract with the city shall comply with the terms of its contract and specifications for that work, and shall not be subject to the provisions of this chapter. A person for purposes of this chapter includes any corporation, association, firm, partnership, and federal, state and local government agencies.

(Ord. 94-95 § 2(part), 1995).

The city building official shall prescribe and provide, and revise as necessary, a form of application for encroachment permit. An approved application shall constitute the encroachment permit. The application/permit form shall include the name and address of the permit applicant, a description of the proposed work and its location, a time limit within which the work shall be completed, basic terms and conditions of the work, and such other provisions as may be deemed necessary or appropriate by the city building official to protect the city property or the public health, safety or welfare. The city building official shall approve a complete application for encroachment permit, unless he or she determines that the work proposed by the application: (a) would unreasonably impact or damage the city street, alley, sidewalk or other public place or property, or pose an unreasonable risk to the public health, safety or welfare; or (b) would not further any important and legitimate goal or objective of the permit applicant. Any permit applicant aggrieved by the denial of an application for encroachment permit may appeal the decision of the city building official 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.

(Ord. 94-95 § 2(part), 1995).

A. As a condition of obtaining a permit under this chapter, the permittee shall pay a fee to cover the city's costs 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 city building official. 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, city and a permittee that regularly encroaches in city streets and rights-of-way may enter into a contract to cover reimbursement of city costs associated with the permittee's encroachments in addition to other appropriate contract terms and conditions.

B. In addition to the permit fee, the building official may require a permittee to deposit with the city cash, performance bond, letter of credit or other security acceptable to the building official as a security to ensure the prompt and proper restoration of the job site. If a security deposit is required, the security amount shall be the estimated cost to restore the job site and affected street or other surface.

(Ord. 99-97 § 2, 1997: Ord. 94-95 § 2(part), 1995).

The permittee shall conduct all 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. Permittee shall comply with requirements of the Underground Service Alert of Northern California. It shall be the duty of the city building official and public works director to enforce the provisions of this chapter.

(Ord. 94-95 § 2(part), 1995).

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 city building official or public works director.

(Ord. 94-95 § 2(part), 1995).

All work done by the permittee shall be subject to inspection and approval by the city, and the permittee shall pay the city for all costs of inspection. Security to cover the costs of this inspection shall be included in the security deposit schedule referred to in Section 12.14.020.

(Ord. 94-95 § 2(part), 1995).

The permittee shall be responsible for all claims, damages, costs and liabilities arising out of work performed under the permit. The permittee shall, and by acceptance of a permit under this chapter shall be deemed to agree to, defend, indemnify 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.

(Ord. 94-95 § 2(part), 1995).

The permittee shall plan and perform all work as to minimize interference with vehicular and pedestrian traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mail boxes, fire hydrants, water meters, valves, doors and other public structures and property as may be required for emergency use, or as otherwise directed by the public works director. Such structures and property shall not be removed or relocated without proper coordination with the properly constituted authority charged with their control and maintenance. The permittee shall construct and install such temporary roadways, driveways and walks for pedestrians and vehicles as may be required by the city building official or public works director. During the performance of the work the permittee shall provide and maintain any barricades, signs, flares, lights or flagmen necessary to ensure full and complete safety for pedestrians, motorists and the general public, and any other safety protection measures specified in the permit.

(Ord. 94-95 § 2(part), 1995).

Public utilities regulated by the California Public Utilities Commission and federal, state and local government agencies may excavate within city streets, alleys, sidewalks or other public places for the purpose of making repairs in cases of emergency requiring immediate action. In such cases, the public utility or government agency shall notify the city building official of the emergency repair as soon as possible.

(Ord. 94-95 § 2(part), 1995).