The Director may issue a permit or consent to conduct, maintain
or operate an encroachment to, in or upon any city street, roadway,
sidewalk, parkway, parking area or facility or other City property
for an encroachment which is intermittent, minor, revocable upon 90
days notice or less, or for a single event or use. The review and
issuance of such permit or consent shall be subject to the restrictions
of this code and the Santa Barbara City Charter. The Director shall
consult with affected City Departments and other affected agencies
prior to issuance of such Minor Encroachment Permit.
(Ord. 4751, 1992)
The Director may condition the issuance of a minor encroachment
permit or consent to conduct, maintain or operate an encroachment
with conditions or provisions for public safety, the protection of
persons or property, the public convenience, the accommodation of
public needs, adequate traffic control, crowd control, control over
litter and noise, the cleanup and removal of all evidence of use,
and such other provision or provisions as may appear to be in the
public interest.
(Ord. 4751, 1992)
Prior to issuance of a minor encroachment permit or consent
to conduct, maintain or operate an encroachment, the Director shall,
unless waived by the City Council, require the applicant to provide
and maintain:
A.
An
agreement to investigate, defend, indemnify and hold harmless the
City, its officers, agents and employees from and against any and
all loss, damage, liability, claims, demands, detriments, costs, charges
and expenses (including attorney's fees) and causes of action of whatsoever
character which City may incur, sustain or be subjected to on account
of loss or damage to property or loss of use thereof, or for bodily
injury to or death of any persons arising out of or in any way connected
with the encroachment.
B.
An
agreement to reimburse the City of Santa Barbara for any costs incurred
by the City to repair damage, restore premises, or satisfy claims
incurred by reason of the encroachment.
C.
A policy
or policies of public liability insurance to protect against loss
from liability for damages on account of bodily injury and property
damage arising from the encroachment. Such insurance shall name on
the policy or by endorsement as additional insureds, the City of Santa
Barbara, its officers, employees, and agents. Unless otherwise modified
by the City's Risk Manager, such insurance shall include not less
than one million dollars of comprehensive general liability insurance,
including bodily injury and property damage coverage together with
such other and additional coverage as the City's Risk Manager may
determine to be prudent. Insurance coverage must be maintained for
the duration of the encroachment. A copy of the policy or a certificate
of insurance along with all necessary endorsements must be filed with
the City no less than five days before the encroachment permit is
issued, unless the Director, for good cause, waives the filing deadline.
(Ord. 4751, 1992)
The decisions of the Director in connection with such minor
encroachment permits or consent to conduct, maintain or operate an
encroachment may be appealed pursuant to the provisions of Section
1.030.050 of this code.
(Ord. 4751, 1992)
