Chapter 52.08
ENCROACHMENTS
Sections:
52.08.010 City Engineer to act upon encroachment applications.
52.08.020 Encroachment removal agreement.
52.08.030 Encroachments requiring City Council approval.
52.08.040 Encroachments that interfere with repair or relocation of public improvements.
52.08.010 City Engineer to act upon encroachment applications.
The City Engineer shall receive and review applications for encroachments and no such application shall be approved if a determination is made that the encroachment structure will adversely affect the public health, safety or general welfare.
52.08.020 Encroachment removal agreement.
Unless the City Council has exempted the proposed work from the permit requirement, applications for encroachments shall not be approved unless the property owner or other applicant executes an encroachment maintenance and removal agreement. Maintenance and removal agreements for approved permits may be recorded in the Office of the County Recorder as an obligation upon the land involved. This agreement shall be prepared by the City Engineer and shall contain the following provisions and such other conditions as may, in the opinion of the City Engineer, afford protection to the property owner, City and public utilities affected.
A. The encroachment shall be abandoned, removed or relocated by the owner or applicant upon demand in writing by the City Engineer.
B. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and successors in interest.
C. The owner shall agree at all times to indemnify and save the City free and harmless from, and pay in full, any and all claims, demands, losses, damages or expenses, that the City may sustain or incur in any manner resulting from the construction, maintenance, use, state of repair, or presence of the structure installed hereunder; including any loss, damage or expense, arising out of (1) loss of or damage to property, and (2) injury to or death of person; excepting any loss damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the City, its contractors, officers, agents or employees.
D. If necessary to protect the public interest, the permittee shall be required to file a certificate of insurance evidencing coverage of bodily injury or property damage liability. (Ord. 1671)
52.08.030 Encroachments requiring City Council approval.
The following encroachments require approval by the City Council prior to the issuance of a permit:
A. Underground structures which extend into the public right-of-way.
B. Structures built over the public right-of-way.
C. Other encroachments which, in the opinion of the City Engineer, are of sufficient public interest to require Council approval.
52.08.040 Encroachments that interfere with repair or relocation of public improvements.
Where encroachments interfere with the repair or relocation of public improvements, the following provisions shall apply unless provision has otherwise been made in an encroachment maintenance and removal agreement:
A. In the event the City needs to place, replace or maintain a public improvement over or under that which the owner has constructed an encroachment structure, the owner shall pay the City that portion of the cost of placement, replacement or maintenance caused by the construction or existence of the encroachment structure.
B. The owner shall pay the City all the cost of placing, replacing or maintaining the public improvement within a public right-of-way when the City’s facility has failed as a result of the construction or existence of the owner’s encroachment.
C. The cost of placing, replacing or maintaining the public improvement shall include the expense of obtaining any necessary alternate easement.
D. The owner shall pay the City or public utility affected for all cost of relocation, replacement or protection resulting from construction of the encroachment.
52.08.050 Driveways.
A. Driveways serving private property are encroachments requiring a permit for construction, reconstruction, removal or repair, but no encroachment removal agreement shall be required for their installation. See CMC 52.06.020 regarding abandoned driveways.
B. The minimum width of any driveway shall be 10 feet at the property line of the lot served. No driveway approach shall cross over a line extended from the lot corner on a bearing perpendicular to the curb line without approval of the City Engineer. Driveways shall not be located or constructed in a manner which endangers public safety or causes undue inconvenience to the public. Their number and location together with specifications for their construction shall be determined by the City Engineer.
52.08.060 Fees.
No encroachment permit application shall be processed by the City Engineer until the applicant has paid the prescribed fee to cover the cost to the City for the work associated therewith. The City Engineer shall determine the fee to be charged and the fee shall become effective upon Council adoption of a resolution providing for enactment of the prescribed fee.