It is unlawful for any person to perform any type of construction,
or to place an encroachment of any kind, within the public street
right-of-way without first having obtained an encroachment permit
to do so from the city engineer of the city.
(Prior code § 21.40; Ord. 1288 § 2, 1975; Ord.
1670 § 1, 1982; Ord. 2739 § 2, 1993; Ord. 5279 §
12, 2014)
For purposes of this chapter, the following words shall have
the meanings set forth in this section:
"City engineer"
means the city engineer for the City of Roseville or designee.
"Encroachment"
means any type of construction or work, or the placing of
any object or thing, whether permanent or temporary, within a public
street.
"Minor encroachment work"
means either:
1.
Various types of minor work performed within a public street
by a person along a minor residential street or a low traffic volume
major residential street as long as no traffic impacts are expected,
as determined by the city engineer. Examples include, but are not
limited to, placement of dumpsters/storage containers/shipping containers,
sidewalk repairs, well monitoring, sound wall repairs, park strip
landscaping/improvements, sign installations, awnings, façades,
temporary sidewalk closures, and work performed by utility companies;
or
2.
Minor work within commercial or industrial areas as determined
by the city engineer.
"Person"
means any individual, firm, co-partnership, association,
corporation, public district, utility company, or other political
subdivision.
"Public street"
includes any public right-of-way, highway, street, sidewalk,
easement or other area or thoroughfare, whether improved or unimproved,
which is owned by or under the control of the city.
(Prior code § 21.41; Ord. 1288 § 2, 1975; Ord.
1670 § 1, 1982; Ord. 2739 § 2, 1993; Ord. 3960 §
1, 2003; Ord. 5279 § 12, 2014; Ord. 5638 § 6, 2016)
Any person desiring to perform construction of any kind or nature
across or along any public street shall make application to the city
engineer for a permit therefor. Every applicant shall state, in detail,
the following information:
A. The
location, dimension, purpose, extent and nature of the work on a plat
map, filed in duplicate;
B. The
time during which it is estimated the construction will take place;
C. Such
other information as may be required by the city engineer.
The city engineer may, in his or her discretion, waive the filing
of a plat map for minor work.
(Prior code § 21.42; Ord. 1288 § 2, 1975; Ord.
5638 § 7, 2016)
A. All
work shall be performed by the permittee in accordance with the construction
safety orders issued by the Division of Industrial Safety, State of
California. The city engineer may, in addition, require other safety
precautions as he or she deems appropriate.
B. Within
two working days after completion of the work by the permittee, such
permittee shall restore the public street to a condition equivalent
to that which existed prior to the work. Such restoration shall be
in accordance with standards established by the city engineer.
(Prior code § 21.43; Ord. 1288 § 2, 1975; Ord.
5638 § 8, 2016)
A. Performance
Security. Each applicant for an encroachment permit 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 an amount determined by the city engineer to be 100 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
all work completed under the encroachment permit shall be warranted
free from defects.
B. Warranty
Security. For projects valued at less than $25,000.00, as determined
by the city engineer, the warranty period shall be 180 days. For projects
valued greater than $25,000.00, as determined by the city engineer,
the warranty period shall be 365 days. Upon the permittee's
request, the performance security shall be replaced with a warranty
security equal to 10 percent of the project costs. Upon final inspection
following the warranty period all securities will be released.
C. In
the event the amount of security is inadequate the city engineer shall
have recourse against the permittee for any additional amount of money
necessary to restore or repair the public street.
D. The
city engineer may, in his or her discretion, waive or vary the security
required by this section in the case of minor encroachment work.
(Prior code § 21.44; Ord. 1288 § 2, 1975; Ord.
1670 § 1, 1982; Ord. 4552 § 1, 2007; Ord. 5638 §
9, 2016)
In lieu of posting a separate deposit for each permit, a person who anticipates securing a number of permits pursuant to this chapter during an extended period of time may post with the city engineer a deposit in an amount not less than $2,000.00, which amount shall be used for the purposes set forth in Section
13.28.050; provided, however, that nothing in this section shall relieve the permittee from making separate application for each excavation in a public street.
(Prior code § 21.45; Ord. 1288 § 2, 1975; Ord.
5638 § 10, 2016)
A fee as established by resolution adopted by the city council,
as amended from time to time, shall be charged for each permit issued
pursuant to this chapter.
(Prior code § 21.46; Ord. 1288 § 2, 1975; Ord.
3960 § 2, 2003; Ord. 4216 § 1, 2005; Ord. 5638 §
11, 2016; Ord. 5800 § 27, 2017)
No deposit required by Section
13.28.050 or
13.28.060 and no fee required by Section
13.28.070 need be paid by any public utility, public district or political subdivision; provided, however, that such entities shall comply with all other provisions of this chapter.
(Prior code § 21.47; Ord. 1288 § 2, 1975)
No encroachment permit shall be issued to any person for the
purpose of installing in the public right-of-way any communication,
water, electric, heat, gas or transportation service whatsoever or
for whatever purpose, unless that person shall have first obtained
a franchise to maintain such service from the city.
(Ord. 2093 § 1, 1988)
All permits issued hereunder shall be nontransferable and the
work authorized by the permit must commence within 30 days after issuance
thereof, and must be completed within a time estimated by the permittee.
The city engineer may grant a reasonable extension when the work has
been delayed without fault of the permittee.
(Prior code § 21.48; Ord. 1288 § 2, 1975; Ord.
5638 § 12, 2016)
Nothing herein shall be read:
A. To
prohibit the making of any excavation necessary for the immediate
preservation of life or property, provided that any person making
such excavation shall notify the city engineer thereof and shall restore
the public street in accordance with provisions herein contained;
B. As
imposing upon the city, the city engineer, or any employee or agent
thereof, any liability for any damage or any injury to any person
or property resulting from any act or acts of the permittee, its agents
or employees.
(Prior code § 21.49; Ord. 1288 § 2, 1975; Ord.
5638 § 13, 2016)
Every person who violates the provisions of this chapter shall
be guilty of an infraction as such term is now, or may hereafter be,
defined by the laws of the state.
(Prior code § 21.50; Ord. 1288 § 2, 1975)
Any person performing any type of construction, or maintaining
an encroachment of any kind in the public street right-of-way shall
defend, indemnify and hold harmless the City of Roseville and its
officers, agents and employees from any claim or damages of any nature
or description arising out of or connected with the construction or
encroachment.
(Ord. 1670 § 2, 1982)
A. Permittees
performing minor encroachment work consisting of the placement of
dumpsters, storage containers and shipping containers within a public
street shall maintain liability insurance in the amount of at least
$300,000 during the entire term of the encroachment permit. Permittees
performing all other types of minor encroachment work shall maintain
liability insurance in the amount of at least $1,000,000.00 for each
occurrence and $2,000,000.00 aggregate during the entire term of the
encroachment permit.
B. Except
for applications for minor encroachment work, every application for
an encroachment permit pursuant to this chapter shall be accompanied
by a certificate of insurance evidencing coverage for liability insurance
in the amount of at least $1,000,000.00 for each occurrence and $2,000,000.00
aggregate and an additional insured endorsement naming city as an
additional insured. The certificate shall be in a form approved by
the risk manager, and shall provide 30 days' advance notice
to the city of its cancellation or modification.
C. The
amounts and coverages required by this section may be waived or varied
by the risk manager in his or her discretion.
(Ord. 1670 § 2, 1982; Ord. 3143 § 2, 1997; Ord. 5638 § 14, 2016)
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 section.
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 section because it was encroaching shall be held
for three days to allow the owner to claim it. If the owner fails
to claim it, or if it is not reasonably possible to store it, the
object or thing shall be disposed of.
C. Costs.
The actual cost of cure or of removal, 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 section except upon
payment of such costs.
(Ord. 1670 § 2, 1982)