600-05
ENCROACHMENT POLICY

POLICY & PROCEDURE

Subject:

Encroachment Policy

Index: Community Services

Number: 600-05

Effective Date

11/01/2001

Supersedes

N/A

Page

1 of 5

Staff Contact

Jim Shepherd

Approved By

Mayor Jesse Tanner

1.0 PURPOSE

To establish policies that will preserve the integrity, investment, public access, intent, and function of Renton parks and open space.

2.0 ORGANIZATIONS AFFECTED:

Community Services Department

3.0 REFERENCES:

N/A

4.0 POLICY:

It is the policy of Renton Community Services Department that any encroachment on, to, under, over, or modification of City owned, managed, maintained or leased park or open space property will be deemed trespassing regardless of when the property was initially encroached upon. The violator of such action shall be notified and directed to remove any and all encroachments to the land not previously approved by the City. Examples of encroachments include, but are not limited to, clearing, grading, garden or landscape installation, structures (permanent and non-permanent), pathway/driveway construction, material storage, dumping, or unauthorized maintenance activities

5.0 DEFINITIONS

N/A

6.0 EXCEPTIONS:

Exceptions to the policy may be granted by the Renton City Council or their designated representative, only when encroachments complement the character and function of City property and are deemed to be in the overall public’s best interest. Every encroachment shall be evaluated individually and on its own merit, and may be denied for any reason deemed appropriate by the Council.

7.0 PROCEDURES:

7.1    Identification of Encroachments. Upon discovery that an unauthorized encroachment has occurred, staff shall review the encroachment and recommend appropriate action to management. The violator will be notified, and every effort will be made to resolve the situation on an informal basis.

7.2    Recommendation to City Council. In the event that the violator is unwilling or unable to resolve the situation, staff shall submit a recommendation for corrective action to the Board of Park Commissioners, who will forward their recommendation to the City Council for consideration.

7.3    Removal After Notification. If it is determined by the City that an encroachment requires corrective action, the violator shall be notified in writing and directed to remove the unauthorized encroachment within 90 days. If the violator fails to comply with the written notice, the City may remove the unauthorized encroachment and restore the property to its original condition. The cost for such action may be charged to the violator.

7.4    Immediate Removal. The City may immediately remove encroachments that pose safety, maintenance, and/or access issues.

7.5    Boundary Disputes. In the event that the property boundary is disputed, a boundary survey may be commissioned by a licensed and qualified surveyor. Cost for surveys may be charged to the violator if it is determined that there is an encroachment upon City property without authorization. The City shall pay for any boundary survey where it is determined that no encroachment has occurred.

7.6    Costs to Resolve Unauthorized Encroachments. Costs to resolve or correct unauthorized encroachments may be charged to the violator. If the violator fails to meet their financial obligation, City staff may pursue any legal options for recovery of all costs for such efforts. Such costs shall include, but are not limited to, boundary surveys, construction permit fees, engineering or architectural fees, demolition, removal and restoration, legal fees, and accrued interest if payment is not received within 30 days of invoicing.

7.7    Appeals. Individuals may appeal encroachment decisions to the Board of Park Commissioners, who will forward their recommendation to the City Council for consideration. Written requests to appeal must be received within 30 days of receipt of the written notice of unauthorized encroachment.

7.8    Indemnification. Any encroachment approved by the Council shall require the encroaching individual or individuals to indemnify and hold harmless the City from any and all damages that may be incurred as a result of use of the area. In cases of approval, insurance coverage may be required with the city being named as an additional insured.

EXHIBIT A

INSURANCE & INDEMNITY REQUIREMENTS
ENCROACHMENT PERMITS

Insurance requirements to be used in connection with the issuing of permits for use of public parks, facilities and open space.

Indemnification/Hold Harmless

Include in permit application

The Applicant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with activities or operations performed by the Applicant or on the Applicant’s behalf out of issuance of this Permit, except for injuries and damages caused by the sole negligence of the City.

Insurance

The Applicant shall procure and maintain for the duration of the Permit, insurance against claims for injuries to persons and damage to property which may arise from or in connection with operations or activities performed by or on the applicant’s behalf with the issuance of this Permit.

A.    Minimum Scope of Insurance

Applicant shall obtain insurance of the type described below:

Commercial General Liability insurance shall be written in Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be named as an insured under the Applicant’s Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 ore a substitute endorsement providing equivalent coverage.

B.    Minimum Amounts of Insurance

Applicant shall maintain the following insurance limits:

Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.

C.    Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance:

1.    The Applicant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Applicant’s insurance and shall not contribute with it.

2.    The Applicant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

D. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

E. Verification of Coverage

Applicant shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Applicant before issuance of the Permit.