Chapter 13.01
ENCROACHMENTS

Sections:

13.01.010    Definitions.

13.01.020    Construction in public rights-of-way – Encroachment permit required – Performing work or depositing material in right-of-way.

13.01.030    Construction in public rights-of-way – Repair or replacement of improvements – Deposits required.

13.01.040    Construction in public rights-of-way – Information required with application.

13.01.050    Construction in public rights-of-way – Issuance of permit.

13.01.060    Construction in public rights-of-way – Appeal of denied permit application.

13.01.070    Abatement of encroachments.

13.01.080    Damage to property.

13.01.010 Definitions.

A. The term “street” includes all or any part of the entire width of right-of-way of a City street, whether or not such entire area is actually used for street purposes.

B. The term “encroachment” includes any structure or object of any kind or character placed, without the authority of law, either in, on, under or over any street or City property. The term “encroachment” also includes any work or action which requires the issuance of an encroachment permit pursuant to DMC 13.01.020 and 13.01.030.

C. The term “City property” includes any publicly owned building, structure, or park; or any public street, right-of-way, alley, sidewalk or walkway. [Ord. 12-004.]

13.01.020 Construction in public rights-of-way – Encroachment permit required – Performing work or depositing material in right-of-way.

No person shall, in any manner, do or cause any work to be done or deposit any material in the public right-of-way without first obtaining an encroachment permit from the Director of Public Works.

Such work shall include, but is not limited to, sidewalk removal and replacement, curb and gutter removal and replacement, pavement removal and replacement and underground utility installation or repair.

Adequate safeguards to the public shall include, but are not limited to: barricades and warning illumination shall be maintained on the work site by the person doing the work at all times. The adequacy of the safeguards required shall be determined by the Director of Public Works. [Ord. 12-004.]

13.01.030 Construction in public rights-of-way – Repair or replacement of improvements – Deposits required.

No person shall begin to construct, reconstruct, repair, alter or grade any improvement, including but not limited to pavement, sidewalk, curb and gutter or driveway, within a public right-of-way without first obtaining an encroachment permit.

The encroachment permit shall not be issued until adequate funds, as determined by the Director of Public Works, are deposited with the City Clerk by the applicant to ensure that all improvements removed or damaged during the permitted operation are repaired or replaced in a manner satisfactory to the Director of Public Works. Upon the satisfactory completion of any repairs or replacements that may be required, the Director of Public Works or his authorized representative shall so advise the City Clerk, and the City Clerk shall return the deposited funds to the applicant.

In the event the required repairs or replacements are not completed within thirty (30) days after notification by the Director of Public Works or his authorized representative, the funds deposited to assure the completion shall be declared forfeited in favor of the City and credited to the general fund.

All persons operating public utilities in the City and having the right by general or special permission to carry out upon City streets the acts herein controlled shall be required to apply for a permit and to comply with the provisions of this chapter; provided, however, that the surety bond or deposit requirements shall not be applicable. [Ord. 12-004.]

13.01.040 Construction in public rights-of-way – Information required with application.

An applicant for encroachment permit shall furnish, in addition to information otherwise required under this code, such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should issue hereunder. [Ord. 12-004.]

13.01.050 Construction in public rights-of-way – Issuance of permit.

The Director of Public Works shall issue a permit hereunder when he finds:

A. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of egress to and from the property affected and adjacent properties.

B. That the health, welfare and safety of the public will not be unreasonably impaired.

C. That no more than forty percent (40%) of the curb frontage within any block shall be used for curb cuts for driveways. [Ord. 12-004.]

13.01.060 Construction in public rights-of-way – Appeal of denied permit application.

An applicant may appeal the decision of the Director of Public Works concerning the denial or revocation of a permit to the City Manager. The notice of appeal must be received by the City Manager within ten (10) calendar days from the date of service of the notice of violation. The decision of the City Manager or designee shall be final. [Ord. 12-004.]

13.01.070 Abatement of encroachments.

A. Violation of the provisions of this chapter is declared to constitute a nuisance. The Public Works Director may abate or summarily abate any such nuisance in accordance with the provisions of Chapter 9.01 DMC, and the City may recover its costs of abatement as provided in that same Chapter 9.01 DMC.

B. The Public Works Director, upon removal of any encroachment, shall deposit such encroachment at the nearest convenient place of storage, where it shall remain at the expense and risk of the owner. [Ord. 12-004.]

13.01.080 Damage to property.

A. If damage occurs to City property during work where an encroachment permit is required pursuant to DMC 13.01.020 but an encroachment permit is not obtained, the person responsible for the damage shall be liable for repair or replacement of the City property in a manner reasonably satisfactory to the Director of Public Works.

B. Subsection A of this section shall also apply to damage that occurs upon private property where City facilities are located but which the City does not own an easement upon. [Ord. 17-007 § 1.]