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 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)