The purpose of this chapter is to protect the public through
procedures and regulations for the granting of permits to allow encroachments
in the public right-of-way.
(Ord. 3783 § 1, 2006)
"City engineer"
means the City Engineer of the City of Santa Rosa, or his
or her authorized representative.
"Emergency street cut"
means any street cut by a utility to repair a facility within
the right-of-way to remediate an immediate hazard or danger to life,
health or property, as determined at the sole discretion of the City
Engineer.
"Encroach" or "encroachment"
includes going upon, over or under a right-of-way, or using
a right-of-way or an area adjacent to a right-of-way in such a manner
as to prevent, obstruct or interfere with the intended use of that
way, or a modification of its mode of use, including but not limited
to:
(1)
Excavation or disturbance;
(2)
Erection, construction, placement, installation, repair, upgrade
or maintenance of any physical improvement;
(3)
Planting or maintaining any landscaping;
(4)
Placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter
9-12.
"Encroachment officer"
shall be those persons designated by the Director of Public
Works to issue permits as provided herein or to enforce the provisions
of this chapter.
"Landscaping"
means any tree, shrub, grass, groundcover, plant, solid landscape
feature or growing thing.
"Permittee"
means any person that has been issued an encroachment permit
pursuant to this chapter.
"Physical improvement"
means any post, sign, pole, fence, guard rail, wall, facility,
pathway, sidewalk, driveway, track, surfacing, culvert, drainage facility,
pipe, conduit, cable, embankment or excavation.
"Public street"
means the portion of the public right-of-way of any road,
street, lane or alley used by or for the general public for travel
purposes, including sidewalks and areas between sidewalks and the
vehicular travelway, whether or not those roads, streets, lanes and
alleys have been accepted as and declared to be part of the City system
of public streets, except streets forming a part of the State highway
system or County roads or expressways.
"Right-of-way"
means land which by written instrument, usage or process
of law is reserved for or dedicated to the public use for street,
utility or highway purposes, or other transportation purposes.
"Street cut"
means the action or result, of opening, tearing up, excavating,
removing or constructing in any portion of any roadway, street or
thoroughfare, sidewalk, driveway, curb or gutter, or any other facility
existing within the public right-of-way area for any purpose whatever
within the jurisdiction of the City.
"Utility"
means any entity constituting a public utility under State
law authorized to use the public streets pursuant to City or State
franchise.
"Waste material"
means any rubbish, brush, earth or other material of any
nature which is unused, unwanted or discarded.
(Ord. 3783 § 1, 2006)
No encroachment permit shall be required for any of the following:
(A) Any sidewalk area authorized for use as a sidewalk café by
a current conditional use permit during any time period when the sidewalk
café is in operation;
(B) Any installation, alteration, removal or relocation of a tree as authorized in Chapter
17-24;
(C) Marquees, awnings and other projecting structures and building appendages
over the right-of-way, which comply with the requirements of the Uniform
Building Code for use of public streets and projections over public
property, and are part of a building or structure which has been granted
a valid building permit in accordance with the applicable provisions
of this code;
(D) Any sign erected, constructed and maintained in compliance with this
code;
(E) The actions of any officer or employee of the City engaged in the
discharge of official duties;
(F) The performance of work under contract to the City;
(G) The placement or maintenance of newsracks in compliance with this
code or state or federal law;
(H) The making of an emergency street cut by a utility to repair a broken
or defective pipe, facility or conduit lawfully on or under a public
street, or excavating by a utility as may be necessary for the preservation
of life and property when an urgent necessity therefor arises when
the offices of the City are closed. Any utility making such street
cut shall apply for an emergency encroachment permit on the next City
business day. The issuance of such permit shall be at the sole discretion
of the City Engineer based on a determination as to whether the work
was necessary to for the preservation of life or property and in compliance
with this code. In the event that the City Engineer determines issuance
of an emergency permit is unwarranted, the person or persons who performed,
or caused to be performed, any such work shall be in violation of
this chapter.
(Ord. 3783 § 1, 2006)
The issuance of an encroachment permit for a continuing encroachment
shall, at the discretion of the Director of Public Works, be contingent
upon the execution between the City and the permit applicant, of an
agreement providing for the use, operation and maintenance of the
encroachment. The agreement shall contain specific conditions for
the use, operation and maintenance of the encroachment, insurance
and appropriate indemnification clauses to the benefit of the City.
Any encroachment permit issued in conjunction with an agreement shall
be valid only so long as the permittee is in compliance with the terms
and conditions of that agreement.
(Ord. 3783 § 1, 2006)
All persons constructing new buildings shall apply for encroachment
permits for both restoration of the curb to its original condition,
where old driveways are abandoned, as well as for the installation
of a new driveway approach prior to the final acceptance of the building
by the building inspector of the City, as required in this code.
(Ord. 3783 § 1, 2006)
When the encroachment involves a street cut, the permittee shall
notify every public utility having facilities in the vicinity of the
street cut regarding the issuance of the permit and its provisions.
If a subsurface excavation is required, the permittee shall contact
Underground Service Alert (USA) and have all utilities located and
marked prior to commencement of any work. The permittee shall, upon
uncovering any pipe or underground facility not previously located
or anticipated, cease work immediately and notify the Director of
Public Works. The permittee shall proceed with the work only after
the proper utility has been notified and permission is granted by
the Director of Public Works to proceed.
(Ord. 3783 § 1, 2006)
Upon written application, the Director of Public Works may grant
written permission to permittee to close or cause to be closed, for
limited periods, City streets, driveways or areas not under control
of the State or the County if in the opinion of the Director of Public
Works the public interest can best be served thereby.
(Ord. 3783 § 1, 2006)
The permittee shall coordinate all street cut work with other
entities working in the area so that public convenience is least impaired
and to the satisfaction of the Director of Public Works. The permittee
shall at all times notify the Police and Fire Departments of any and
all obstructions within the public right-of-way which might impair
or prevent passage of an emergency vehicle.
(Ord. 3783 § 1, 2006)
A permittee shall clearly paint on all barricades, in letters
not less than four inches high, emergency information consisting of
the name and emergency telephone number of permittee. The permittee
shall cause at least one such barricade to be erected and maintained
at every job site until the street cut work is complete and formally
accepted by the City in writing.
(Ord. 3783 § 1, 2006)
It is unlawful to do any of the following:
(A) Store materials used in connection with the work within five feet
of a public street, or stockpile materials in the right-of-way, unless
otherwise authorized by the City Engineer. Excess earth materials
from trenching or other operations shall be removed from the pavement,
travel way or shoulder as the trench is backfilled or other work carried
forward unless otherwise approved by the City Engineer;
(B) Plant any landscaping across any existing walkway in a sidewalk area
or roadway shoulder;
(C) Erect or maintain a fence or similar structure in a right-of-way
without a permit, except as provided in this chapter;
(D) Erect or maintain a fence or similar structure across any existing
walkway in a sidewalk area or roadway shoulder;
(E) Permit or maintain any encroachment of any nature which impedes,
obstructs or denies pedestrian or other lawful travel within the limits
of a public street, or which impairs adequate sight distance for safe
pedestrian or vehicular traffic;
(F) Construct or maintain a freight loading platform upon or in the right-of-way.
(Ord. 3783 § 1, 2006)
No person shall remove or disturb, or cause to be removed or
disturbed any monument of granite, concrete, brass, iron or other
material set for the purpose of locating or preserving the lines and/or
elevation of any public street or right-of-way, property subdivision
or precise survey or reference point without first obtaining permission
from the Director of Public Works. Permission shall be subject to
and in conformance with the requirements set forth in specifications
established by the City Engineer. Replacement of removed or disturbed
monuments will be at the expense of the permittee.
(Ord. 3783 § 1, 2006)
Any person aggrieved by the denial of a permit required by this
chapter may appeal to the Director of Public Works, by submitting
a written appeal within 15 days of the date the application was denied.
The Director of Public Works shall thereafter give written notice
to the applicant of a hearing to be held within 30 days of receipt
of the appeal. The decision by the Director of Public Works on the
appeal shall be final.
(Ord. 3783 § 1, 2006)
The Director of Public Works shall grant the appeal and issue
a permit, subject to any appropriate conditions, if all of the following
findings are made:
(A) That the applicant will be substantially damaged by the refusal to
grant the permit as requested;
(B) That no other reasonable method of obtaining the desired results
is available except as proposed by applicant;
(C) That the granting of the permit will not be materially detrimental
to the public interest, safety, health and welfare or injurious to
other property;
(D) That the project for which the permit is sought will not adversely
affect the safety, capacity, or integrity of the City's right-of-way;
(E) That the applicant has substantially complied with the provisions
of any prior permits issued to the applicant, and has paid or posted
all required fees or bonds, and maintained all required insurance
coverage;
(F) That the environmental effects are not significant;
(G) That an additional maintenance cost to the City is not created by
the encroachment;
(H) That the granting of the permit will not be materially detrimental
to the rights, interests or revenues of the City.
(Ord. 3783 § 1, 2006)
Whenever the Director of Public Works finds that a suspension
of an encroachment permit is necessary to protect the public health
or safety from imminent danger, the Director of Public Works may immediately
suspend any such permit pending a subsequent hearing for remedial
action or revocation. The Director of Public Works shall, within three
working days of the emergency suspension of the permit, notify the
permittee of such suspension by written notice, personally served
upon the permittee, or mailed by first class mail, postage prepaid,
to the last known address of the permittee. The permittee may, within
10 days after service of such a written notice of suspension, request
a hearing before the Director of Public Works with regard to such
emergency suspension. The Director of Public Works shall schedule
a hearing on the suspension within 10 days of receipt of a request
for hearing.
(Ord. 3783 § 1, 2006)
Any permit issued pursuant to this chapter may be suspended
or revoked upon recommendation of the Director of Public Works to
the Director of Public Works where it is found that:
(A) The permittee has violated any provision of this chapter, or of any
agreement entered into with the City related to the permit; or
(B) The permittee has failed to pay any required fees, or to post or
maintain any bond or insurance required by this chapter; or
(C) The encroachment for which the permit was granted adversely affects
the safety, capacity or integrity of the City's right-of-way;
or
(D) The encroachment is causing the City to incur substantial additional
maintenance costs; or
(E) Material misrepresentations were made in the application for the
permit.
(Ord. 3783 § 1, 2006)
The Director of Public Works shall give the permittee at least 10 days' written notice of a hearing before the Director of Public Works on the suspension or revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action, except as set forth in Section
13-04.330. The hearing shall be held within 30 days after service of written notice of the hearing. The decision of the Director of Public Works shall be final.
(Ord. 3783 § 1, 2006)
Any person who violates any provision of this chapter, or any
provisions of any permit issued or agreement entered into pursuant
to this chapter, shall be civilly liable to City in the sum not to
exceed $1000.00 for each day in which such violation occurs. The City
may petition the superior court to impose, assess and collect such
sums pursuant to this chapter. The court, in any action brought by
the City either for civil penalties, pursuant to this section, or
for abatement of any encroachment which is a public nuisance, shall
award to the City its reasonable costs and attorneys' fees in
bringing such action.
(Ord. 3783 § 1, 2006)
In addition to any other remedies provided herein, violation of any provision of this chapter shall be subject to an administrative fine or penalty as provided under Chapter
1-30.
(Ord. 3783 § 1, 2006)
The Encroachment Officer and any inspectors acting on his/her behalf shall have authority to enforce any of the provisions set forth herein. In addition, for purposes of the Administrative Review of Ordinance Violations as provided in Chapter
1-30, the Encroachment Officer and any inspectors acting on his/her behalf shall be included within the definition of "Code Enforcement Officer" for purposes of issuing an administrative notice and order.
(Ord. 3783 § 1, 2006)
Any person violating any provision of this chapter, or any permit issued pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Chapter
1-28.
(Ord. 3783 § 1, 2006)
The remedies provided for in this chapter shall be cumulative
and not exclusive and shall be in addition to any and all other remedies
available to the City.
(Ord. 3783 § 1, 2006)