The purpose of this chapter is to define, specify, regulate and control the design and improvement of public works facilities, both on and off site, and other construction requirements imposed as conditions of acceptance, or the approval or conditional approval of land development by use permit or building permit, or other public works permits, and all other procedures and processes wherein public or private improvements, construction, and improvement or construction plans are required as a condition prior to city approval. Such approval shall be denied if the parcel proposed for permit does not fully comply with the improvements required in Chapter 16.44 of this code. The requirements to construct these improvements may be deferred as described in Section 15.16.020(C).
A.
Permit
Required. 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.
B.
Compliance Required. Any act done under the authority of a written permit issued pursuant to Section 15.16.010(A) shall be done in accordance with the applicable provisions of this chapter and the terms and conditions of such permit.
C.
"Encroachment"
"Person"
"Public street"
Definitions.
For the purpose of this chapter, the following words shall have the
meanings set forth in this section:
means any type of construction or work or the placing of
any object or thing, whether permanent or temporary, within a public
street.
means any individual, firm, co-partnership, association,
corporation, public district or other political subdivision.
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.
D.
Application.
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:
1.
The
location, description, and cost estimate of the work to be performed.
2.
The
anticipated starting and completion dates during which the construction
will take place.
3.
A
plat or diagram designating such public street or the exact location
thereon of the proposed use or encroachment the dimensions thereof
and any other such information which may be required by the city engineer.
E.
Emergency
Work. Any person may excavate within a public street right-of-way
for the purpose of making repairs in cases of emergency requiring
immediate action. In such cases, the city engineer shall be promptly
notified of any such action, and such person at his or her own expense
shall immediately replace such public street right-of-way in a condition
equal or better to that existing before excavation. Such restoration
shall be in accordance with standards established by the city engineer.
F.
Approval
Authority. The city engineer or his or her authorized representative
shall inspect and approve for city acceptance any work done under
permits issued under provisions of this chapter.
G.
Fees.
A fee, established by the Book of City Imposts shall be charged for
each permit issued pursuant to this chapter. The fee shall be paid
prior to the issuance of any permit.
H.
Security
Required.
1.
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 or letter of credit in an amount determined
by the city engineer to be one hundred percent of the estimated cost
of the work to be performed under the encroachment permit. The security
shall guarantee:
2.
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.
I.
Insurance
Requirements.
1.
In addition to the requirements provided in Sections 15.16.010(D) and 15.16.010(G) and before issuance of a permit under the provisions of this chapter, the city engineer shall require each applicant to file with the city, certificates of insurance and endorsement provided by the city engineer, evidencing possession of general liability, automobile and worker's compensation insurance coverage in the minimum amounts of one million dollars each occurrence on account of bodily injuries, including death, or on account of property damage, to cover the liability of the permittee for property damage and injury to persons in connection with the work sought to be done under the permit, except that an applicant seeking to do work behind the public street curb adjacent to premises containing only one single-family dwelling which is owned and occupied or will be occupied upon completion of construction by the applicant shall be required to be filed with the city, certificates of insurance and endorsements evidencing possession of general liability and property damage coverage in the minimum amount of one hundred thousand dollars per occurrence on account of bodily injuries including death, or on account of property damage and injuries to persons in connection with work sought to be done on the permit.
2.
The
certificates of insurance and endorsements shall be in a form approved
and provided by the director and shall provide thirty days advance
notice to the city of its cancellation or expiration and shall further
evidence that the applicant has, except as to the worker's compensation
insurance coverage, the city of West Sacramento, its officers, agents,
and employees are named as additional insureds on the applicant's
policies of insurance.
J.
Indemnity
and Litigation Cost.
1.
The
permittee specifically obligates him or herself and agrees to protect,
hold free and harmless, defend and indemnify the city, its officers,
employees and agents, from any and all liability, penalties, costs,
losses, damages, expense, causes of action, claims or judgments, including
attorney's fees, which arise out of or are in any way connected with
the permittee's, his or her contractor's or his or her subcontractor's
or supplier's performance of work under this permit.
2.
In
any and all claims against the city, its officers, employees, and
agents by any employee of the permittee, his or her contractor, any
subcontractor, anyone directly or indirectly employed by any one of
them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this chapter shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits
payable by or for the contractor or any subcontractor under worker's
compensation statutes, disability benefit statutes, or other employee
benefit statutes.
K.
Public Districts, Utilities, or Subdivisions. Except as otherwise provided in this chapter, the requirements of Sections 15.16.010(H) and 15.16.010(I) shall not be required of any public corporation, public utility corporations, or political subdivision which is authorized by law to establish or maintain any works or facilities in, under, or over any public street, nor shall the application of any permittee of the class specified in this section be denied. Each such applicant is entitled to a permit, but is otherwise subject to the provisions of this chapter and to all conditions and provisions made by the city engineer in any such permit.
L.
Infractions—Penalty.
1.
It
shall be the duty of the city engineer and other authorized employees
of the city, to enforce the provisions of this chapter. The lack of
enforcement by the city engineer, or any authorized assistants of
any official, or employee of the city vested with the duty or authority
to issue permits, shall not legalize, authorize, waive or excuse the
violation of any provision of this chapter.
2.
In
the administration and enforcement of this chapter, any duly authorized
official or employee of the city shall have the authority to enter
upon the premises for the purpose of investigation and inspection.
No person shall refuse to permit such inspection.
M.
Franchise
Required. No encroachment permit shall be issued to any person for
the purposes of installation in the public right-of-way any communication,
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.
N.
Removal
or Cure of Illegal Encroachments. The city engineer, and/or chief
of police (or their designees) are authorized to remove or cure illegal
encroachments in the public street right-of-way in accordance with
this section.
1.
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.
2.
Removal
by City. Where notice is not possible because 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.
3.
Costs.
The actual cost of cure of or 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. 97-4 § 2 Exh. 1)
A.
1.
The
applicant shall complete required improvements before final building
inspection or the issuance of an occupancy permit.
2.
If
the applicant fails to complete the required improvements within the
specified time, the city engineer may, at his or her option, cause
the uncompleted improvements to be completed and the parties executing
the performance security shall be firmly bound for the payment of
all necessary costs.
B.
Extensions.
1.
The
city engineer may extend the completion date upon written request
by the applicant and the submittal of adequate evidence to justify
the extension. The request shall be made at least thirty days before
the expiration of the building permit or encroachment permit.
2.
The
developer shall pay the costs incurred by the city in processing the
extension request and extension agreement.
C.
Deferred Improvements. In the event that the property does not fully comply with the requirements of Chapter 16.44 of this code the following options are available:
1.
The
applicant may construct the required improvements.
2.
If a residential building permit is required that either increases the floor area of a structure by fifty percent, or has a construction value equal to or greater than fifty percent of the value of the existing structure, the owner of the property shall be obligated to install public roadway improvements including but not limited to paving; curb and gutter; and driveways to bring the property into compliance with the city's minimal street frontage improvement standards. The extent and type of improvements required shall be dependent upon the classification of the street (local roadway, collector, arterial, etc.) fronting on the property being improved. The property owner may apply to defer the installation of required public improvements according to subsection (C)(3) of this section.
3.
Applicants
for building permits may apply to the city engineer to defer the construction
of any required public improvement that has a value that is equal
to or exceeds ten percent of the value of the building permit or other
permit that he or she is applying for. The required parcel improvements
up to that amount shall be constructed at the same time that work
related to the building permit is completed, and permission to occupy
the structure shall not be granted until the public improvements have
been accepted by the city. If the amount of the ten percent valuation
is not sufficient to complete any of the required public improvements,
then an in lieu fee in the full amount of the ten percent valuation
will be required. If a balance of the ten percent valuation remains
after completing partial public improvements required by the issuance
of a building permit, then the amount of the remaining balance shall
be paid as an in lieu fee. If the property owner has deposited an
in lieu fee for deferred public improvements and later elects to complete
those improvements him or herself or joins an assessment district
formed to install the required improvements, then the city shall issue
a refund in the amount of the original in lieu fee paid.
4.
Activities
that include normal maintenance and repair (including those activities
caused by natural disasters such as fire) of a single family residential
dwelling unit are exempt from the application of the ten percent valuation
fee.
5.
Building
permits issued as the result of a mandate to comply with the Americans
with Disabilities Act shall not be subject to the ten percent valuation
fee.
6.
The
city council may consider an application to defer construction of
any required parcel improvement provided that the applicant's property
is included in an established assessment district which will finance
the required public improvements.
7.
The
city council may exempt specific areas from all or any of the requirements
of this section after a determination has been made that safe and
adequate public access and circulation are preserved by such deviation
and upon a finding that the requirements of this section serve no
public purpose.
(Ord. 97-4 § 2 Exh. 1)
When the developer has completed all improvements, corrected
all deficiencies, and submitted record drawings of the improvements,
the city shall consider the improvements for acceptance.
(Ord. 97-4 § 2 Exh. 1)
