The City Engineer of the City of Mill Valley may authorize the issuance of written permits to do any of the following acts (hereinafter sometimes referred to as "encroachments") within, upon or beneath the streets or other property of the City of Mill Valley: (a) fill, (b) excavate, (c) install utility pipes, (d) install or construct curbs and gutters, (e) install or construct sidewalks and driveways, (f) install or construct road approaches, (g) install or construct garages, carports, bridges, entry walks, fences, walls or other similar improvements. Encroachment permits for construction within the public right-of-way will only be issued when absolutely necessary and where proposed construction will not unreasonably limit existing or potential public use of the area. Only under extraordinary circumstances would fences and entrance structures located within the public right-of-way be considered absolutely necessary.
(Ord. 553; Ord. 1098; Ord. 1105 § 1, March 17, 1992)
Any act done under the authority of a written permit issued pursuant to the provisions of this Chapter 11.16 shall be done in accordance with the applicable provision of this chapter and the terms and conditions of such permit.
(Ord. 553, April 17, 1963)
Any permit issued under the provisions of this chapter shall provide that the permittee will pay the entire expense of restoring the street or other property of the City in as good condition as before, and shall provide such other conditions as to the location and the manner in which the work is to be done as the City Engineer finds necessary for the protection of the property of the City and of public safety. All work connected with any such permit, including restoration of the City property to its original condition shall conform to the Mill Valley Encroachment Standards prepared by the City Engineer and adopted from time to time by the City Council.
(Ord. 553, April 17, 1963)
Any permit issued pursuant to this chapter shall contain a provision that in the event of the future improvement of the street or other City property necessitating the relocation or removal of the encroachment, the permittee will relocate or remove the same at his or her sole expense. In said event the City shall serve on the permittee its written demand specifying the place or relocation or that the encroachment must be removed and specifying a reasonable time within which the work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in said demand, and thereafter diligently prosecute the same to completion. Except as hereinafter otherwise provided, all permits are revocable without cause upon 30 days written notice and the encroachment must be removed or relocated as may be specified by the City in the notice of revocation and within the time specified in such notice, which time shall be not less than such 30 days unless the permit provides otherwise.
(Ord. 553, April 17, 1963)
Prior to the issuance of a permit to construct a garage or carport within any street, the Zoning Administrator shall submit the application to the City Engineer who shall examine the plans and specifications submitted, and make an on-site inspection and, thereafter, submit a report concerning such application to the Zoning Administrator. The Zoning Administrator shall consider such application and shall mail notice of the time and place of the hearing thereon to owners of all property within a radius of 300 feet as shown on the last equalized assessment roll of the County of Marin at least 10 days prior to the date of such hearing. No building permit shall be issued on such application until the same has been approved by the Zoning Administrator and an encroachment permit has been issued by the City Engineer. Under no circumstances shall an approval or permit be granted to allow the encroachment upon a City street of any building other than a carport or garage.
(Ord. 553; Ord. 837; Ord. 932; Ord. 1105 § 2, March 17, 1992)
The permittee or his/her successor in interest shall be responsible for maintenance and repair of any encroachment for which a permit was issued, and for the City street or other City property to the extent that the maintenance and repair of such City street or other City property is required by reason of the existence of the encroachment. Should any work constructed under a permit become defective at any time through lack of proper maintenance, such defect shall be considered as sufficient reason for revocation of the permit.
(Ord. 553, April 17, 1963)
The City Engineer may require each applicant to file with him or her a certificate showing the maintenance of insurance or satisfactory evidence of adequate self-insurance to cover the liability of the permittee for property damage and injuries to persons in connection with the work sought to be done under the permit. The minimum limits of such insurance shall be fixed by the City Engineer in such amounts as he or she deems sufficient and in fixing such limits, he or she shall use as his or her basis the hazards involved in the work sought to be performed under the permit. Before granting a permit under the provisions of this chapter, the City Engineer may also require the applicant to file with the City of Mill Valley a satisfactory bond, certified check or other security payable to the City in such amount as the City Engineer deems sufficient conditioned on the proper compliance by the permittee with the provisions of this chapter.
(Ord. 553, April 17, 1963; Ord. 1098, March 18, 1991)
A. 
Any municipal water district, sanitary district or school district having an agreement for sewage disposal with the City of Mill Valley, or public utility corporation authorized by statute or franchise to establish or maintain any works or facilities in, under or over any public street or other City property shall be entitled to a blanket permit without bond and renewable annually for the installation of its service connections and for ordinary maintenance of its facilities located or installed in City streets or other City property; provided, however, the City Engineer may revoke any such blanket permit if the permittee fails to comply with the provisions of this chapter. When such blanket permit is revoked in a proper case, such entity shall again be entitled to a permit only upon furnishing a bond as hereinabove provided in Section 11.16.090.
B. 
All work done under a blanket permit shall conform to Mill Valley Encroachment Standards prepared by the City Engineer. The City Engineer shall be notified at least two working days before work is done under a blanket permit except in emergencies endangering life or property when the City Engineer shall be notified not later than the next working day.
C. 
Moratorium streets, those repaved with a minimum of one inch of AC within the past five years, shall be subject to the regulations of Section 11.16.110.
D. 
Notwithstanding subsection A of this section, no wireless telecommunications facility governed by Chapter 20.73 shall be installed or maintained pursuant to a blanket permit.
(Ord. 553, April 17, 1963; Ord. 1304 § 1, September 6, 2018)
A. 
Except in extreme emergency, street opening permits must be taken out in advance of excavation work. An extreme emergency is considered to exist only when life or property is endangered or when a utility service is interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days. If an emergency cut is made, application for a permit shall be made the next working day.
B. 
Permit shall be secured by both the utility and by the contractor if work is to be performed by an independent contractor.
C. 
A plan showing approximate location of excavation will be acceptable provided that an "as built" plan shall be submitted after the excavation is made.
D. 
Permits for street opening shall be valid for six months. The estimated date of commencement and completion of work shall be indicated in all permits. Conflicts in the schedules of work under two or more permits shall be resolved by the permittees involved. If unresolved, work under these permits will be executed in order of permit application received by this Department.
E. 
No permit to excavate shall be valid unless the applicant has been provided an inquiry identification number by a regional notification center (USA).
F. 
The appropriate permit fee, as determined by the City Engineer or his/her designee shall be sufficient to cover the actual cost impacts.
G. 
All work connected with any such permit, including restoration of City property to its original condition, shall conform to the Mill Valley Encroachment Standards and Conditions for Street Opening and Pavement Restoration for Moratorium Streets.
(Ord. 1098, March 18, 1991; Ord. 1175 § 2, February 20, 2001)
The City Engineer may grant a variance from the provisions of this chapter when, because of special circumstances, he or she determines that the application of any such provisions are unnecessary and inappropriate or impose an undue hardship on the applicant. A variance shall be granted only upon written application to the City, setting forth the circumstances justifying the same. The City Engineer shall not grant a variance authorizing the encroachment upon a City street of any building other than a carport or garage.
(Ord. 1098, March 18, 1991; Ord. 1105 § 3, March 17, 1992; Ord. 1175 § 2, February 20, 2001)
Any decision made by the City Engineer under Chapter 11.16 may be appealed to the City Council. Appeals shall be addressed to the City Council in writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the City Clerk in Mill Valley City Hall not later than 5:00 p.m. on the 10th calendar day following the date of the action from which an appeal is taken. Appeals shall be accompanied by the filing fee as specified by resolution adopted by City Council for appeals under Chapter 20.100 of this Code.
(Ord. 1105 § 4, March 17, 1992; Ord. 1175 § 2, February 20, 2001)