HomeMy WebLinkAbout02/21/1989, C-2 - REVISION OF MUNICIPAL CODE CHAPTER 12.04--ENCROOCHMENTS AND EXCAVATIONS Iyp ppI� MEETING DATE
��►�� VY�II�UPA���U city of San LUIS 0BISPO Feb. 21, 1989
COUNCIL AGENDA REPORT Eftra 1T°1"NUMBER
FROM:
David F. Romero Wayne A. Peters
Public Works Director City Engineers
SUBJECT:
Revision of Municipal Code Chapter 12.04--Encroachments and Excavations
RECOMMENDATION:
Review the Proposed Revisions and Pass to Print the Attached Ordinance.
BACKGROUND:
The City has had portions of this particular ordinance in the Muncipal Code for
many years. The ordinance deals primarily with the issuance of permits to
allow for excavations to occur in City streets. The intent of the proposed
revisions is to expand the ordinance to provide for permitting construction of
and placement of things in the public right-of-way. This would cover the
installation of sidewalks, now covered by its own permit; excavation and
installation of water, sewer and other utility facilities; construction of
retaining walls, signs, mailboxes, newsracks, and even flower pots. The
intention of the ordinance is not to harross the public wishing to better the
area in front of their property or to do better business, but to provide a way
for the City to know what has been approved for placement, insure that the City
is protected as best as possible from liability, and to be able to call for the
removal of those things which are causing problems.
The proposed ordinance requires submittal of information to the City to define
the project. If the project results in non-City standard improvements that can
be visually seen, approval by both the Public Works and Community Development
Directors is required. If the project is not built to an approved City
standard and is likely to cause liability to the City, insurance is required..
Insurance can be waived with the concurrence of the City Attorney, the City
Administrative Officer and the Public Works Director. A deposit can be
required during construction and for a period after construction for those
projects which may cause an expenditure by the City to correct, should the
project be left incomplete or be completed in a less than satisfactory manner.
Newsracks are covered in specific detail in this ordinance because of their
unique position as related to freedom of speech. They are to be allowed
providing they meet certain performance standards which are detailed in the
ordinance.
A resolution will need to be adopted when the ordinance becomes effective to
provide for the fee structure called for in the ordinance. The actual fee
resolution will be submitted with the fee proposal study by Vertex to the
Finance Department. It is estimated that the fees will be established within
the next several months.
�,����� ►mliliili�li►InIIN city of san Luis osispo -
MaGn COUNCIL AGENDA REPORT
Municipal Code Chapter 12.04 Revision
Meeting of February 21 , 1989
Page Two.
PUBLIC REVIEW
The proposed ordinance was submitted to the utility companies, the BIA, and
those news agencies that staff was able to identify as doing business in the
City. The comments received have been incorporated into the ordinoce draft.
The BIA Board has voted to approve the encroachment ordinance. The primary
concern of the members was the cost of insurance.
STAFF CONCURRENCE:
Public Works staff has circulated this ordinance to the Community Development
and the City Attorney's office. Their concerns have been addressed.
FISCAL IMPACT:
Passage of this ordinance will not change the cost of operation of the permit
section of the Engineering Division. The fee structure will help to assure
that the cost of issuing the permits is substantially supported by those
receiving the permits. The most significant impact may be a savings in the
cost of claims for damage or injury should some member of the public be injured
due to an encroachment placed with our approval in the right-of-way.
RECOMMENDATION: 1
Staff recommends that the Council pass to print the proposed ordinance revising
Chapter 12.04 of the Muncipal Code and set a date for a public hearing and
final passage.
Attachments:
1 - Draft ordinance
2 - Legislative draft
3 - Summary of ordinance
4 - Sketches showing sidewalk encroachments
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ORDINANCE NO. (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS
12.04.010, THRU 12.04.030,AND SECTIONS 12.04.050, THRU 12.04.013,
REPEALING SECTIONS 12.04.040 AND ADDING NEW SECTIONS
12.04.031 , THRU 12.04.033 AND 12.04.131 AND 12.04.1.32.
OF THE SAN LUIS OBISPO MUNICIPAL CODE
REQUIRING PERMITS FOR ENCROACHMENTS IN THE PUBLIC
RIGHT-OF-WAY, ESTABLISHING PERMIT APPLICATION PROCEDURES,
AND OUTLINING PERMITTEE'S RESPONSIBILITIES
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
Section 1 . Sections 12.04.010 thru 12.04.030 are hereby amended as
follows;
12.04.010 Encroachment defined.
As used in this chapter, "encroachment" includes any structure or
object of any kind or character placed, either in, under or over any
place mentioned in Section 12.04.020.
12.04.020 Encroachments restricted.
It is unlawful for any person to make any excavation or encroachment
In. under or over any road or other public place including, highway,
alley, street, avenue, place, sidewalk, path, walk, park, plaza,
boulevard, or right of way or any other public place in the city whether
or not currently improved, except in the manner and mode provided in this
chapter. Work conducted by public utility companies within exclusive
public utility easements is exempt from permit requirements under the
terms of this chapter.
12.04.030 -Permit application -- Information required.
Any person desiring to excavate, or to cause, allow, or make any
encroachment in, under or over any place mentioned in Section 12.04.020,
shall file a written application, with the Public Works Director
hereinafter referred .to as the Director. The application shall be in the
form prescribed by the Director, and shall give the following
information:
A. Location of the encroachment;
B. The reason or necessity for encroachment ;
C. Estimated time to begin and to complete the work or placement of
an encroachment;
D. Plans and Specifications covering the encroachment as may be
required by the Director;
E. Estimated cost of repairing damage to the road or other public
property caused by the encroachment;
1
Ordinance No. (1989 Series)
Page Two.
F. Length of time encroachment will be kept in place;
G. Name, address, and phone number of person responsible for
maintaining encroachment during construction and after construction
during the lifetime of the encroachment;
H. Other information as may be required by the Director.
SECTION 2. Sections 12.04.031 thru 12.04.033 are hereby added to the
San Luis Obispo Municipal Code as follows
12.04.031 Emergency work
If in the course of events the owner of a previously approved
encroachment finds that emergency repairs are necessary to protect the
facility, or to protect the investment of the owner and/or to provide
continuing service to the public and the owner of the facility finds that
the City office that would issue the encroachment permit is not open, the
owner may, after reporting to the Police Department the nature of any
encroachment into the public roadway that may affect vehicle traffic or
pedestrians, and after notifying the Regional Notification Center
(Underground Service Alert), conduct such work as is necessary to cause
the needed repairs provided that the owner of the facility requests a
permit for the work conducted on the next day that the City office that
issues encroachment permits is open. Not withstanding any other
provisions of this code, no emergency work ,may be done if the Police
Department determines that the proposed work would represent an
unreasonable threat to the public health, welfare or safety.
12.04.032 Permit Fee.
A fee for encroachment permits may be established by resolution of the
City Council and shall be paid to the City at the time of application for
issuance or renewal of any Encroachment Permit. Public Utility Companies
operating under franchise agreement with the City may pay monthly for
permit fees or provide a deposit in advance for the estimated volume of
permit applications subject to an agreement approved by the Director.
12.04.033 Length of time permit is valid.
Encroachment permits shall be issued for a specific length of time
which shall not exceed a reasonable time necessary to do the work as
determined by the Director. In the case of permits for encroachments
which are visible in the area of the street right-of-way used for passage
of the public the encroachment may be required to be removed upon notice
of the Director. Encroachments installed under permit which required the
maintenance of insurance naming the City as additionally insured shall be
removed if the insurance is not maintained. In the absense of any prior
agreement to the contrary, no cause shall be necessary to be shown or
proven to modify, revise, or revoke any encroachment permit, or deny an
original or renewal request. Utility companies will not be required to
have a current permit to conduct any maintenance that does not require �\
any cutting of concrete or asphalt and/or excavation. . - /
Ordinance No. (1989 Series)
Page Three.
SECTION 3. Section 12.04.040 is hereby repealed..
SECTION 4. Sections 12.04.050 thru 12.04.130 of the San Luis Obispo
Municipal Code are hereby amended as follows;
12.04.050 Security Deposit required--Amount.
A deposit may be required prior to the issuance of an encroachment
permit involving construction in the street right-of-way. The deposit
shall be either cash, cashier's check, certified check, certificate of
deposit, surety bond issued by a company authorized to do business in the
state, or other form acceptable to the Director: The Director shall set
the amount of the deposit based on potential damage to public property
which may be caused by the project or will result if the project is not
completed. All deposits shall remain in force for a period of up to one
year from the date of completion of the work authorized by the permit.
Utility companies doing work under franchise are exempt from making a
security deposit.
12.04.060 Permit--Approval or denial.
Upon receiving an application to excavate, or to encroach at any place
mentioned in Section 12.04.020, the Director shall either approve,
conditionally approve or reject it. If the application is approved, or
conditionally approved, the Director shall cause the surety deposit, if
any, to be paid into the city treasury and/or such surety bond or other
approved security, if any, to be deposited with the Director of Finance,
and shall issue a written- permit authorizing the encroachment. The
permit shall include all the conditions required by this Code and
conditions set by the Director. In the event the application is denied,
any deposit made or bond submitted in connection therewith, shall be
forthwith returned to the applicant; provided that the applicant, if
dissatisfied with such rejection or with any condition attached to an
approval, may appeal following the procedure set out in Chapter 1 .20 of
this Code.
12.04.070 Permits from other agencies--Responsiblity to obtain.
It shall be the duty of any person causing, allowing, making or
maintaining any encroachment in any road or other public place in the
city, to procure all permits and licenses, pay all charges and fees, and
give all notices necessary and incidental to the due and lawful.
prosecution of the work as required by agencies other than the city. No
permit to excavate shall be valid until the applicant has complied with
State requlations regarding notification of a Regional Notification
Center (Underground Service Alert) and the receipt of an, inquiry
identification number.
12.04.080 Safety requirements
It shall be the duty of any person making any excavation in any road
or other public place in the city, to place and maintain lights at each
Ordinance No. (1989 Series)
Page Four.
. end of the excavation, and at distances as required by the Director along
the lines thereof, from sunset of each day to sunrise of the next day,
until the excavation is entirely refilled and repaired to a safe
condition to the satisfaction of the Director; and such person shall
safeguard the work with such barriers, signs and measures, as may be
necessary and proper in each case to provide for the safety of persons,
animals and vehicles using such public roads or other public place;
provided further, that such safety measures shall be taken in
encroachments permitted under this chapter, as shall be prescribed by the
Director and set out in the permit granted. Permittee shall be
responsible to obtain any permits that may be required by the State
Department of Safety and Welfare.
12.04.090 Work to be pursued with diligence.
After the work or project is commenced as permitted under this
chapter, the some shall be pursued with due diligence from day to day
until completed, and so as not to obstruct the road or other place more
than is reasonably necessary.
12.04.100 Defects--Notification to remedy--Remedy by city.
If the encroachment is not constructed and maintained in the manner
and within the conditions required by the provisions of this chapter and
the permit, the Director shall notify the permittee in writing, and if
the defect is not remedied within the time specified in said notice, the
Director shall cause the defect to be remedied in the proper manner and
shall restore the road or- other public place to its original condition;
provided, however, if the defect constitutes an immediate danger to the
public health, safety or welfare, the Director shall have authority to
immediately remedy the defect or remove the encroachment.
12.04.110 Defects--Cost of remedying to be deducted from deposit--Cost
reimbursement when deposit is insufficient.
Whenever it is necessary for the Director to remedy any defect in any
work permitted under this chapter, the cost of remedying the defect shall
be deducted from the permittee's deposit, and the balance, if any,
remaining after the deduction shall be returned to the permittee in
accordance with Section 12.04.050; provided, that if the deposit is
insufficient to cover the cost of the work, the permittee shall be liable
to reimburse the city for the cost to it of remedying the defect in
excess of the amount of the deposit, which shall be due and payable upon
the permittee being furnished with a written statement of the amount due.
12.04.120 Deposit--Refund.
Upon satisfactory completion of all the terms and conditions of an
encroachment permit, the Director shall issue a certificate to this
effect to the Director of Finance. Upon receipt of such certificate and
after the expiration of the time period established by the permit, the
Director of Finance shall be authorized and directed to return the cash
1
Ordinance No. (1989 Series)
Page Five.
Gdeposit, or bond or other security posted by the permittee to the
permittee in accordance with Section 12.04.050. Unless required by prior
agreement or law, the amount returned will not include any interest.
12.04.130 Permittee's liability.
Each permittee is solely responsible for any damage or liability
occurring by reason of anything done or omitted to be done by permittee
or his agent, employee, servant or subcontractor, or in connection with
any work, authority or jurisdiction delegated under any permit issued as
a result of an application; and each permittee shall indemnify and hold
harmless the city, its officers, agents, employees or servants from any
and all loss and liability including cost of defense and attorney fees
resulting from any claims made by reason of or in connection with any
work done under the authority of or as a result of any permit issued
under this chapter. Permittee shall maintain an insurance policy, naming
the City as additionally insured and in an amount as established by the
City, during the period of the construction or placement of the
encroachment and after construction or placement during the life of the
permit unless waived as follows. The insurance policy shall state that
the carrier shall notify the City 30 days prior to cancelling the policy
for any reason. Encroachments installed under franchise agreements shall
not be required to provide insurance under the terms of this chapter.
Encroachments built to approved City standards shall not require
insurance coverage following satisfactory completion of the improvement
as determined by the Director and acceptance by the City. Insurance for
` all other encroachments may be waived by the Director only with the
concurrence of the City Attorney and the City Administrative Officer.
SECTION 5. Sections 12.04.131• and 12.04.132 are hereby added to the
San Luis Obispo Municipal Code as follows:
12.04.131 Special Design Concerns.
A. Any encroachment which does not meet established City standards for
design and construction shall be subject to review by the Director and
the Community Development Director.
B. Any encroachment which will limit the amount of sidewalk available
for pedestrians shall further be reviewed to meet concerns for pedestrian
safety and to insure adequate area for pedestrian passage. In
residential areas a minimum of 4 feet of sidewalk shall be clear for
pedestrian passage. In areas with sidewalks subject to high pedestrian
activity as determined by the Director, the width of the sidewalk which
may be blocked by an encroachment shall be as determined by the Director.
C. Encroachments shall not be physically in-,.contact with street
furniture or street trees.
D. Encroachments shall not restrict .pedestrion access to parked
® vehicles, busses in bus loading zones, or to access points of abutting
property.
Ordinance No. ( 6089 Series)
Page Six.
E. Encroachments shall not be allowed which in the opinion of the
Director constitute a hazard to vehicles or pedestrians.
12.04.132 Newsrocks
A. The Council finds and declares that the uncontrolled placement and
maintenance of newsracks in the public right-of-way creates physical
danger to the traveling public, and the numerous pedestrians that use the
public rights-of-way in the City. The Council finds that in recongition
of the unique architectural features and basic heritage of the City the
clutter and congestion of numerous disparate types of newsracks in the
public rights-of-way is unsightly and not in keeping with the nature of
the City. The Council also finds that although the use of such
rights-of-way is historically associated with the sale and distribution of
newspapers and publications, that access to these areas for such purposes
should not be unreasonably or absolutely denied. The Council finds that
these strong and competing interests require reasonable accommodation
which can only be satisfactorily achieved through this section of the code
which provides for special accommodation of newsracks.
B. Newsracks are any self-service or coin operated box, container,
storage unit or other dispenser installed, used or maintained for the sale
or distribution of newspaper, news periodicals, or other news
publications.
C. An application for a permit for newsracks shall be made within 10
business days of the placement of any newsrack in the public right-of-way.
D. Application for permits for newsracks shall be made in the same
manner as that of other encroachments as described in this chapter.
E. Permit fees, liability insurance, and indemnification requirements
shall be the same as that required for encroachments as described in this
chapter.
F. Special location and operational concerns for newsracks.
1 . Placement of newsracks shall be such that they are parallel to and
no more than 6 inches from the walls of adjacent buildings when present..
Newsracks placed adjacent to the curb shall be placed parallel to the curb
face and shall be a minimum of 6 inches and not more that 12 inches from A
the curb face to the back side of the newsrock. The rack shall face the
sidewalk.
2. Those encroachments which will limit the amount of sidewalk
available for pedestrians shall further be reviewed to meet concerns for
pedestrian safety and to insure adequate area for pedestrian passage. In
residential areas a minimum of 4 feet of sidewalk shall be clear for
pedestrian passage. In areas with sidewalks sut•ject to high pedestrian
activity as determined by the Director, the width of the sidewalk which
may be blocked by an encroachment shall be as di:termined by the Director.
ev V
Ordinance No. (1989 Series)
Page Seven.
3. No newsrack shall be maintained opposite another newsrack.
4. No newsrack may be attached to public signs, benches, fire
hydrants or other facilities in the right-of-way. Newsracks attached to
private property may be done so only with written permission of the owner
and occupant of the private property.
5. No newsrack shall be used for commercial advertising, signs or
publicity purposes, other than to state the name of the newspaper or
periodical being sold.
6. Newsracks shall be maintained in good operating condition.
7. The installation of newsrocks shall meet the some design concerns
as identified for other encroachments in section 12.04.131 .
8. The number of newsracks at a given location may be limited if, in
the opinion of the Director, they will unreasonably interfere or obstruct
the flow of pedestrian or vehicular traffic or access to parked vehicles..
9. Abandoned or inoperative newsracks must be removed from the
right-of-way within 30. days. Any newsracks left over 30 days may be
removed and stored for up to 30 days. The cost of removal and storage
will be charged the owner in the event he chooses to retrieve the
abandoned newsrack. Those newsracks left unclaimed will be disposed of as
unclaimed property.
SECTION S. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least five (5) days
prior to its final passage in the Telegram-Tribune, a newspaper published
and circulated in said City, and the same shall go into effect at the
expiration of thirty (30) days after its said final passage. A copy of
the full text of this ordinance shall be on file in the office of the City
Clerk on and after the date following introduction and passage to print
and shall be available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the day of 1989, on
motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
Ordinance No. (1989 Series)
Page Eight.
APPROVED:
City Adm nistrative Officer
City Att ey
F1 n Director
Community a elopment Director
#0F City Engineer
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L E G I S L A T I V E D R A F T
Chapter 12.04
ENCROACHMENTS
12.04.010 Encroachment defined.
As used in this chapter, "encroachment" includes any structure or
object of any kind or character placed, [wl h^• } -awtheplty of 3:e%0-,-g either
in, under or over any place mentioned in Section 12.04.020.
12...04.020 Encroachments EEmeavattems-] restricted.
It is unlawful for any person to make any excavation or encroachment
in, under or
over any Fehr--} road or other public place including, highway, alley,
street, avenue, place, sidewalk, path, walk, park, plaza, boulevard, or
right of way or any other public place in the city whether or-not
currently improved, except in the manner and mode provided in this
chapter. Work conducted by public utility companies within exclusive.
public utility easements is exempt from permit requirements under the
terms of this chapter.
12.04.030 Permit application -- Information required.
Any person desiring to excavate, or to cause, allow, or make any
encroachment _ ] in,
under or over any place mentioned in Section 12.04.020, shall file a
written application, r.- `_4.p iee _ ' with the Public
Works Director hereinafter referred to as the Director. The application
shall be in the form prescribed by the Eeity engineerg Director, and shall
give the following information:
A. r6Location of the encroachment;
B. The reason or necessity for
jo*Gevat4r►g] encroachment [in e, pwb1!ie - an r=���',
C. Estimated time jAeeccsary to begin
and to complete the {eiweaee%leA3 work or placement of an encroachment;
D_ Plans and Specifications covering the
rte-xeevetien7 encroachment as may be required by the Director;
E. EA Eetlmetgd _....t_] Estimated cost of repairing damage to the road
or other public property LpIeGe caused by the {exeeve4ierr] encroachment;
F.. Length of time encroachment will be kept in place;
G Name address and phone number of person responsible for
maintaining encroachment during construction and after construction during
the lifetime of the encroachment;
• Page 1
H. f-F--] Other information as may be required by the Director Eeity
e�r�eeei-]_
12.04.031 Emergency work
I.f in the course of events the owner of a previously approved
encroachment finds that emergency repairs are necessary to protect the
facility, or to protect the investment of the owner and/or to provide
continuing service to the public and the owner of the facility finds that
the City office that would issue the encroachment permit is not open the
owner may, after reporting to the Police Department the nature of any
encroachment into the public roadway that may affect vehicle traffic or
pedestrians, and after notifying the Regional Notification Center
(Underground Service Alert), conduct such work as is necessary to cause
the needed repairs provided that the owner of the facility requests a
permit for the work conducted on the next day that the City office that
issues encroachment permits is open. _ Not.withstanding any other
provision of this code, no emergency work. may be done if the Police
Department determines that the proposed work would represent an
unreasonable threat to the public- health, welfare or safety.
12.04.032 Permit Fee.
A fee for encroachment permits may be established by resolution of the
City Council and shall be paid to the City at the time of application for
issuance or renewal of any Encroachment Permit. Public Utility Companies
operating under franchise agreement with the City may pay monthly for
permit feesor provide a deposit in advance for the estimated volume of
permit applications subject to a agreement approved by the Director.
12.04.033 Length of time permit is valid.
Encroachment permits shall be issued for a,-specific length of time
which shall not exceed a reasonable time necessary to do the work as
determined by the Director. In the case of permits for encroachments
which are visibly in the area of the street right-of-way used for passage
of the public the encroachment may be required to be removedupon_notice
of the Director. Encroachments installed under permit which required the
maintenance of insurance naming the City -as additionally insured shall be
removed if the insurance .is not maintained. In the absence of any prior
agreement to the contrary, no cause shall be necessary to be shown or
proven to modify, revise, or revoke any encroachment permit, or deny an
original or renewal request. Utility Companies will not be required to
have a current permit to conduct any maintenance that. does not require
any cutting of concrete or asphalt and /or excavation.
Section 12.04.040 is repealed in its entirety.
12.04.040 .
,r
The cit engineer may,^ if he deeeis it necessary, require applicant to
file a pan with eac application showing the�locotion and,extent of the
work oposed to be done.],__.-
O
Page 2
12.04.050 Security Deposit required -- Amount.
• A deposit [of --- sine -`all] may be required Edepeeited
by the appliee ] prior to the issuance of an encroachment [eNGeyetion
permit involving construction in the street right-of-way. The deposit
shall be either cash, cashier's check, certified check, certificate of
deposit, fer-a] surety bond issued by a company authorized to do business
in the state, or other form acceptable to the Director. [If-, IR t194
opia#eR ef] The [81ty 8Rg!Pe&Fg Director
paaee-] shall set amount of the deposit _based on potential damage r,
to public property which may be
caused by the project or will result.if the project is not completed.
All deposits shall remain in force for a period of up to one year from
the date of [issaenee� completion of the work authorized by E&f+ the
permit. Utility Companies .doinq work under. franchise are exempt from
making a security deposit.
12.04.060 Permit--Approval or denial.
Upon receiving an application to excavate, or to encroach at any place
mentioned in Section 12.04.020, the Eelty engineer] Director shall either
approve, conditionally approve or reject it. If the application is
approved, or conditionally approved the Ealty aRgine--' Director shall
cause the security deposit, if any, to be paid into the city treasury
and/or such surety bond or: other approved security, if any, to be
deposited with the Director of Finance, and shall issue a written permit
authorizing the encroachment. The .permit shall
include all the conditions required by this Code and conditions set by
v the Director.. E,
.] In the
event the application is. denied, any deposit made or bond submitted in
connection therewith, shall be forthwith returned to the applicant;
provided that the applicant, if dissatisfied with such rejection or with
any condition attached to an approval, may appeal [maks
following the procedure set out in Chapter.
1 .20 of this Code.
12.04.070 Permits from other agencies--Responsiblity to obtain.
It shall be the duty of any person causing, allowing, making or
maintaining any EeeeeYe%IeR] encroachment in any road Eh ghway} or other
public place in the city, to procure all permits and licenses, pay all
charges and fees, and give all notices necessary and incidental to the
due and lawful prosecution of the work as required by agencies other than
the city. No permit to excavate shall be valid until the applicant has
complied with State regulations regarding notification of a Regional
Notification Center (Underground Service Alert) and the receipt of an
inquiry identification number.
12.04.080 Safety requirements
It shall be the duty of any person making any excavation in any road
i [s' or other public place in the city, to place and maintain lights
Page 3
C.
at each end of the excavation, and at distances as required by the {e �y-
-em9*fm er-] Director along the lines thereof, from sunset of each day to
sunrise of the next day, until the excavation is entirely refilled and
repaired to a safe condition to the satisfaction of the Director; and such J1
person shall safeguard the work with such barriers, signs
and measures, as may be necessary and proper in each case to provide for
the safety of persons, animals and vehicles using such public roads or
other public place; provided further, that such safety measures shall be
taken in encroachments permitted under this chapter, as shall be
prescribed by the EGIty engl .eeF Director and set out in the permit
granted. Permittee shall be responsible to obtain any permits that may be
required by the State Department of Safety and Welfare.
12.04.090 Work to be pursued {ppeseeeted; with diligence.
After the work or project is
commenced as permitted under this chapter, the some shall be pursued
Epp-esec4i#.ae} with due diligence from day to day until completed, and so as
not to obstruct the Ehtwhwey, publle3 road or other place more than is
reasonably necessary.
12.04. 100 Defects--Notification to remedy--Remedy by city.
If the encroachment is not Edewe] constructed and
maintained in the manner and within the Etimej conditions required by {efry-
,&f} the provisions of this chapter {era and the permit W esued .,..dais «..i^
ehapte , the [city •n--i---'^g Director shall notify the permittee in
writing, and if the defect is not remedied within [44�] the time
specified in said notice Edeya}, the `-i`y en9 nee-] Director shall cause
the defect to be remedied in the proper manner and shall restore the road
or other public place to its original condition; provided, however, if the
defect constitutes an immediate danger to the public health, safety or
welfare, the [814Y ^' Director shall have authority to immediately
remedy the defect or remove the encroachment.
12.04.110 Defects--Cost of remedying to be deducted from deposit--Cost
reimbursement when deposit is insufficient.
Whenever it is necessary for the ^ice ^- ---' Director to remedy
any defect in any work permitted under this chapter, the cost of remedying
the defect shall be deducted from the permittee's deposit, and the
balance, if any, remaining after the deduction shall be returned to the
permittee in accordance with Section 12.04.050; provided, that if the
deposit is insufficient to cover the cost of the work, the permittee shall
be liable to reimburse the city for the cost to it of remedying the defect
in excess of the amount of the deposit, which shall be due and payable
upon the permittee being furnished with a written statement of the amount
due.
12.04. 120 Deposit--Refund.
Upon satisfactory completion of all the terms and conditions of an
encroachment permit, the Director shall issue a
certificate [ to this effect to the Director of Finance..
Page 4
i
Upon receipt of such certificate Eeew''`. �e o-3 and after the expiration
of the time [eAe–yeas] period established by the permit rg_ _
G " 44-.—v , the Director of finance shall be authorized and directed to
return the cash deposit jepg,_bond or other security posted by the
permittee to the permittee Ewit,..eut r.....i.hep F ...hw%i Re!!!] in
accordance with Section 12.94..050. Unless required by prior agreement or
law, the amount returned will not include any interest.
12.04.130 Permittee's liability.
Each permittee is solely responsible for any damage or liability
occurring by reason of anything done or omitted to be done by permittee or
his agent, employee, servant or subcontractor, or in connection with any
work, authority or ,jurisdiction delegated under any permit issued as a
result of an application; and each permittee shall indemnify and hold
Eseve3 harmless the city, its officers, agents, employees or servants from
any and all loss and liability including cost of defense and attorney .fees
resulting .from any claims made by reason of or in connection with any work
done under the authority of or as a result of any permit issued under this
chapter. Permittee shallmaintainan insurance policy, naming the City as
additionally insured and in an amount as established by the City, during
the period of the construction or placement of the encroachment and after
construction or placement during the_life _of_the permit unless waived as
follows. The insurance policy shall state that the carrier shall notify
the City 30 days prior to cancelling the policy for any reason.
Encroachments installed under franchiseagreementsshall not be -required
to provide insurance under the terms .of this chapter.. Encroachments built
to approved City standards shall not require insurance coverage following
satisfactory completion of the improvement as determined by the .Director
and acceptance by the City. Insurance for all other. encroachments may be
waived by the Director only with the concurrence of the City Attorney and
the City Administrative Officer.
12.04.131 Special Design Concerns
A. Any encroachment which does not meet established City standards for
design and construction shall be subject to review by the Director and the
Community Development Director.
B. Any encroachment which will limit the amount of sidewalk available for
pedestrians shall further be reviewed to meet concerns for pedestrian
safety and to insure adequate area .for pedestrian passage.. In residential
areas a minimum of 4 feet of sidewalk shall be clear for pedestrian
passage In areas with sidewalks subject to high pedestrian activity as
determined by the Director, the width of the sidewalk which may be blocked
by an. encroachment shall be as determined by the Director-.
C. Encroachments shall not be physically in contact with street furniture
or street trees.
D.. Encroachments shall not restrict pedestrian access to parked vehicles,
busses in bus loading zones or to access points of abutting property.
• Page 5
E. Encroachments shall not be allowed which. in the opinionof the
Director constitute a hazard to vehicles or pedestrians. O
12.04. 132 Newsracks
A. The Council finds and declares that the uncontrolled placement and
maintenance of newsracks in the public right-of-way creates physical
danger to the traveling public, and the numerous pedestrians that use the
public rights-of-wav in the City. The Council finds that in recognition
of the unique architectural features and basic heritage of the City the
clutter and congestion of numerous disparate types of newsracks in the
public rights-of-wav is unsightly and not in keeping with the nature of
the City. The Council also finds that although the use of such
rights-of-wav is historically associated with the .sole and distribution of
newspapers and publications, that access to these areas for such purposes
should not be unreasonably or absolutely denied. _ The Council finds that
these strong and .competing interests require reasonable accommodation
which can only be satisfactorily-achieved through this section of the code
which provides for special accommodation of newsracks.
B. Newsracks are onv self-service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the sale or
distribution of newspaper, news periodicals, or other news publications.
C. An application for a permit for newsracks shall be made within 10
business days of the placement of any newsrack in the public right-of-way..
D. Application for permits for newsracks shall be made in_ the. same manner
as that of other encroachments as described in this chapter.
E. Permit fees, liability insurance, and indemnification requirements
shall be the some as that required for encroachments as described in this
chapter.
F. Special location and operational concerns for newsracks.
1 . Placement of newsracks shall be such that then are parallel to and
no more than 6 inches from the walls of adjacent buildings when present.
Newsrocks placed ad.iacent. to the curb shall be placed parallel to the curb
face and shall be a minimum of 6 inches and not more than ]2 inches from
the curb face to the back side of the newsrack. The rack shall face the
sidewalk.
2. Those encroachments which will. limit the amount- of -sidewalk
available for pedestrians shall further be- reviewed to meet concerns for
pedestrian safety and- to insure adequate area for pedestrian passage. In
residential areas a minimum of 4 feet of sidewalk shall be clear for
pedestrian passage. In areas with sidewalks subject to high pedestrian
activity as determined by the Director, the width of the sidewalk which
may be blocked by an encroachment shall be as determined by the Director.
3. No newsrock shall be maintained opposite another newsrack_
Page 6 O
i
4. No .newsrack may be attached to public .signs, benches, fire
hydrants or other facilities in the riqht-of-way. Newsracks attached to
private property may be done so only with written permission of the owner
and occupant of the private property.
5. No. newsrack shall be used for commercial advertising, signs or
publicity purposes, other than to state the name of the newspaper or
periodical being sold.
6. Newsracks shall be maintained in good operating condition.
7. The installation of newsracks shall meet the same design concerns
as identified for other encroachments in section 12.04. 13.
8. The number of newsracks at a given location may be limited .if, in
the opinion of the Director, they will unreasonably interfere or obstruct
the flow of pedestrian or vehicular traffic or access to parked vehicles.
9. Abandoned or inoperative newsracks must be removed from the
right-of-way within 30 days_ Any newsracks left over 30 days may be
removed and stored .for up to 30 days. The cost,. of removal and storage
will be charged the owner in the event he chooses to retrieve the
abandoned newsrock. Those newsracks left unclaimed, will be disposed of as
unclaimed property.
l�
ORDINANCE NO. (1989 Series)
REVISION OF MUNICIPAL CODE CHAPTER 12.04--ENCROACHMENTS & EXCAVATIONS O
REQUIRING PERMITS FOR ENCROACHMENTS IN THE PUBLIC
RIGHT-OF-WAY, ESTABLISHING PERMIT APPLICATION PROCEDURES,
AND OUTLINING PE4MITTEE'S RESPONSIBILITIES
On the San Luis Obispo City Council voted
to to introduce Ordinance No. (1989 Series), which requires
permits for all encroachments in the public right-of-way and establishes
permit application procedures. The ordinance specifically addresses the
placement of newsracks in the public right-of-way. The ordinance outlines
the permittee's liability with regard to encroachments of all kinds.
The Council must vote again to approve the ordinance before it can
take effect. That action is tentatively scheduled for
at a regular City Council meeting to begin at 7:00 P.M. in the Council
Chambers of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's
Office in Room #1 of City Hall, 990 Palm Street. For more information,
contact Wayne Peterson in the Engineering Division at 549-7200.
Pamela Voges, City Clerk
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