Chapter 12.12
ENCROACHMENTS
Sections:
12.12.010 Obstructions generally.
12.12.020 Obstructing sidewalks.
12.12.030 Encroachment on city property unlawful.
12.12.050 Application for permit.
12.12.060 Issuance of permit--Fee.
12.12.070 Lights and safeguards.
12.12.080 warranty for one year.
12.12.090 Surety of performance.
12.12.100 Public liability and property damage.
12.12.110 Dangerous and defective conditions prohibited--Assumption of liability by permittee.
12.12.120 Removal--Notice and penalties--Nuisance--Infraction.
12.12.130 Appeal to city council.
12.12.010 Obstructions generally.
No person shall pile, deposit or place, or cause or permit to be deposited, piled or placed, any rubbish, wood, merchandise, dirt or any impediment or obstruction of any kind, upon or over any sidewalk, nor so occupy or obstruct any sidewalk so as to interfere with the convenient use of the same by all persons unless and until an encroachment permit therefor has been obtained pursuant to this chapter. (Ord. 268 §1(part), 1983).
12.12.020 Obstructing sidewalks.
No person shall construct or maintain any structure, building, step, stairway, post, railing, or other obstruction in the public sidewalk which shall in any manner restrict or interfere with the public use and passage over the public sidewalk throughout the full width thereof without first obtaining an encroachment permit pursuant to this chapter. (Ord. 268 §1(part), 1983).
12.12.030 Encroachment on city property unlawful:
No person shall encroach on, in, over or under any real property, including alleys, sidewalks, and easements, owned or controlled by the city, by any structure or object or any kind of character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property. (Ord. 268 §1(part), 1983).
12.12.040 Exemptions.
Section 12.12.030 shall not apply to those encroachments which:
A. Have legal sanction to encroach by law; or
B. Are authorized by written agreement made by and between the city and an owner of real property as an incident to the purchase or acquisition of such real property by the city; or
C. Are authorized by a valid, uncancelled permit granted as hereinafter provided in this chapter. Any person who is maintaining any obstruction or encroachment as defined in Sections 12.12.010, 12.12.020 or 12.12.030 on the effective date of this chapter without specific approval by the city council shall apply for an encroachment permit therefor within thirty days of the effective date of this chapter, provided that no permit fee shall be levied if application is made within that time. Such person and any person maintaining such an obstruction or encroachment shall be subject to all the obligations and requirements of any other permittee under this chapter. The superintendent of streets may, in his sound discretion, provide for a period greater than thirty days should abatement of any existing encroachment be necessary. (Ord. 268 §1(part), 1983).
12.12.050 Application for permit:
A. Application for a permit to encroach on city-owned or controlled property shall be made by and in the name of the owner or of a person lawfully entitled to use the real property in connection with which the permit is sought to be obtained and shall be acknowledged by the applicant.
B. The applicant shall set forth the name and address of the applicant, the nature and description of the proposed encroachment, the location and description of the city-owned or controlled property proposed to be encroached upon, the nature of the applicant’s interest in and the location and legal description of the property in connection with which the permit is sought to be obtained, the reasons for the application, such other information, including plans, as may be required by the superintendent of streets, and the following provision:
"I/We understand and agree: that any permit issued hereon shall be issued pursuant and subject to the provisions of Chapter 12.12 of the Greenfield Municipal Code, that such permit may be cancelled by the City of Greenfield acting by and through its Superintendent of Streets, at any time: that the obstruction or encroachment must be removed within three (3) days after written notice; that no right, title or interest in any property owned by the City of Greenfield shall vest or accrue to me/us by reason of the issuance of such permit or exercise of the privileges given thereby; that I/we will not suffer or permit any dangerous or defective condition of property to exist in connection with exercise of the privilege; and that I/we assume and will pay for, and will hereby indemnify the City of Greenfield against any and all liability for all injuries and damage to persons or property arising from or in connection with the exercise of the privilege."
C. The application shall be filed in duplicate with the superintendent of streets and referred to the planning department and building department for recommendation. After such reference, the superintendent of streets is empowered, in the exercise of his discretion, to deny or withhold approval of a permit applied for if in his sound judgment exercise of the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety, or convenience. The superintendent of streets may approve the application either as submitted or subject to such terms and conditions as he shall consider necessary for the safeguarding of life and property.
D. However, no application shall be approved for canopies, fences or railings required by Section 4406 of the Uniform Building Code to protect pedestrians while construction is in progress unless the building department has issued a building permit for the construction thereof. (Ord. 286 §1, 1984: Ord. 268 §1(part), 1983).
12.12.060 Issuance of permit--Fee.
If approved, the superintendent of streets shall collect a fee for handling and recording the application, and shall issue an encroachment permit. The amount of the fee shall be as established by resolution of the city council. (Ord. 268 §1(part), 1983).
12.12.070 Lights and safeguards:
It shall be the duty of any person making any excavation in, or placing any encroachment or obstruction in, any public street, road, alley, sidewalk, or other real property owned or controlled by the city, to place and maintain lights and barriers at each end of such excavation or encroachment, and at distances of not more than fifty feet along the line thereof, from sunset of each day to sunrise of the following day, and to provide such other safeguards as shall be reasonably necessary to prevent damage by such excavation, encroachment or obstruction, until the same is filled or removed. (Ord. 268 §1(part), 1983).
12.12.080 Warranty for one year:
The person by whom an excavation in any street, road, alley, sidewalk or other public place is made shall be deemed and held to warrant the work of refilling and repairing the same against all defects in workmanship or materials for the period of one year after the completion of said work, said warranty to be for the benefit of and enforceable by the city. In any action brought upon such warranty, the city shall be entitled to recover reasonable attorney’s fees, to be fixed by the court. (Ord. 268 §1(part), 1983).
12.12.090 Surety of performance:
Unless this provision is waived in the permit, before a permit is effective, the permittee shall deposit with the city manager cash or certified or cashier’s check, in a sum to be fixed by the city manager as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition. In lieu of the cash deposit, the permittee, upon approval by the city manager, may secure the performance thereof by a good and sufficient surety bond issued by a company authorized to do a general surety business in the state of California, or an instrument of credit approved by the city manager, which bond or instrument of credit shall be in a sum to be fixed by the city manager as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition. (Ord. 268 §1(part), 1983).
12.12.100 Public liability and property damage:
As a condition precedent to the granting of any encroachment permit, the city manager may require the permittee to furnish evidence to the city that, with respect to the operations he performs, or the operations performed for him by contractors or subcontractors, pursuant to the encroachment permit, he carry public liability and property damage insurance in amounts determined by the city manager to be adequate for the work for which the encroachment permit is issued, protecting both the permittee and the city against any and all liability for damage to persons or property of third persons arising out of such operation. The insurance specified in this section shall be carried by the permittee at his sole cost and expense, shall name city as additional insured, and shall remain in effect until all work required to be performed under the terms of the encroachment permit is satisfactorily completed. The city manager may require such certification as he deems necessary to substantiate the insurance coverage of the permittee prior to the issuance of the encroachment permit. Each permit shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit shall be deemed to transfer any right, title or interest of the city. The city may cancel a permit at any time and thereby terminate encroachment privileges. Permits for canopies, fences, and railings required by Section 4406 of the Uniform Building Code shall automatically expire when the construction permit expires or is cancelled. (Ord. 268 §1(part), 1983).