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HomeMy WebLinkAbout28 ORDINANCE NO. 28 AN ORI)INANCB OF 'rite CZTY OF SARATOGA P,E~UZR'LNG PIB.~.ZTS FOR ~ CONTINUATZOS' OF EXTST'rI, IG OR CREATION OF NE~ ENCROAC"aeNTS ON PUBLIC STREETS ZN THE CITY OF SARATOGA~ AND PROVIDING PENALTIES FOR VIOLATION OF THE SAME The City Council of the City of Saratoga does hereby ordain as follows: SECTION h DEFINI.TIONS~ (As used ~.n this ordinance the followt~ definitions shall control) (A) .In ~eneral: City shall zmean the City of Saratoga; Plannin~ Cn..-..iSsion shall m~an the Plannfn~ Comm~_ssion of the City of Saratoga; Council shall mean the'City Council of ~he C~ty of Saratoga; Director shall mean the Director of' Public Works of the City of Sarato,a, (B) Person: The term "person" means and shall include any person, firms partnerships association, corporations public utility, bus~.ness trust, city, county, local agency, district, State or Federal gover-m~uts or any branch.~ ~.strict o_- division thereof, e.~clusive of the C~ty of Sar at og a. (C) Public Street: The term "public street" ~nclUdes all or any part of the entire width of ri=ht of way of e public street of the City of Saratogas or of any unaccepted street offered for dedication to the City of Sara- togas whether or no~ sGch enti~e area is .actually used or improved for street purposes. (D) Encroechmen~: The term "euoroachnmnt" includes any structure~ object or improvement of any kind or character whatsoever placed~ erected, or constructeds either in, unders or ~ver nny public streets including without limitin~ the fore~oing any ]edvertisinS siSn or device on or extendin~ over any par~ of e public street. SECTION 2: ENCROACHMENT PERMITS REQU.IRED: Except as hereafter set forth in Section 3s no person shall do or cause to be done any of the following acts without first'obtain. in~ a written permit therefresh from the city as hereinafter set 'forth: (A) Make any openin~ or excavation for any purpose on a public street; (B)Place, erect or construc~ any encroachment in or on a public street; (C) Permit the continuation thereof, perpetuate, chan~e or renew any encroachment presently existin~ on a public street, which encroachment does not have a permit therefor in accord with the terms of this ordinance or any prior ordinance requirin~ permits. (D) Remove, cuts cut down' or destroy any plants shrub or tree growin~ within a public street. Sgc'rIoN 3 ~ EX__~E_P.T__~ONS: 3.1 Pi__pes, dr~J.ns or conduits Where the encroac,~nent consists of the construction or mainte- nance of any p~.pe~ drain or conduit, or any cut or excavation therefore, the same shall instead be subject to the pc,.-mit and other requirements of Section 3, Article 1~ Chapter 1 of Title 7 of the Santa Clara County Ordinance Code, as adopted by Section 1.1 of Ordinance and as amended by Ordinance 21, save and except that all encroachment permits under said Section, Article, Chapter and Title of said Ordinance Cede shall be issued by the Director of Public Works. All reference in Sect:~ons 7.1ol-3.2 through 7.1.1~3.4 of said Ordi- nance Code to "County" and "County Engineer" are hereby amended respectively to read "City of Saratoga" and "Director of Public Works". The'provisions of this section shell apply to all public utilities, including, without limiting the foregoing~ the San Jose Water Works, Pacific Gas & Electric Company and The Pacific Telephone and Telegraph Company. O_.ther Ex~ceptfons No encroachment permit under the terms of th~s ordinanc~ shell be necessary for any of the following: (A) The insta%iation of above-ground utilities by Pacific . Gas & Electric Companyor San Jose Water Workss in accord with their reppective franchises as set forth in Ordinance 13~ and 17~ or by ~le Pacific Telephane & Telegraph Company pursuant to the franchise granted it under Section 7901 of the Public Uti- lities Code. (B) The temporary storage of building equipment and materials otherwise in confo~mlty with Chapter 44, Part 9 of the 1952 edition of the Uniform Building Code adopted by refewence by Ordinance 4~A of City; (C) The planting or placing of learns, plants, shrubs, trees, temporary fences and other removable landscaping within the unhnproved portions of a street right of way but to the rear of any curb and gutter and comprising a part of the front yard land- scaping of a residential use. Such landscaping shall be at the risk of the contiguous owner, and shall be removed by such owner from said right of way upon ten (10) days written notice from the Director. Failure to so remove sh~llmeke such contiguous o~mer subject to the provisions of Section 9 hereof. (D) Encroachu~nts shown on a final subdivision map which encroachnmnts are approved by the Council on approval of the said final map~ or approved on final site approval of a lot, site or subdivision of four (4) or less lots. SECTION.4: ISSUANCE OF PERMITS= The Director of Public Works is hereby granted the power~ on behalf of CI[y~'to grant encroachment. permits for the construction of driveways and their nppurtenancess utility connections and their appur- tenances, any storm drain facilities and their appurtenances, all pipes, drains or conduits, and the cutting or renmval of plants~ shrubs and trees. Power to grant encroaclunent permits for all other types of encroachments is vested in the Planning Commission. Form of application for encroachment permits and the form of such permits shall b~ as approved by the City Council, In addition to any conditions' specifically called for in this ordinances encroachment permits may contain such additional condi- tions as in the opinion of the issuing aEency appear reasonably necessary to insure proper installations completion and maintenses of the encroach- mants and the protection of the pu,bl!c healths safety and morals. All permitted encroactunentss shall be constructed to the standard and speci- fications as established by the Direutor. SECTION 5: SCOPE OF ENCROACB~/~T PERMIT: (A) GENERAL: Encrcach~annt pex~a~ts are not a matter of right but are a matter of ~race enl~o (B) REVOCABILITY: · Encroachment permits are revocable licenses and may he revoked at acT/time on ten (10) days vritten natice from, the officer· or a~eucy granting ~he same. (C) REMOVAL OF E~C~OACELMENTS: Upon revocation of an encroachment permit the permittee shall re~ve such enc=oech,~ea~ a= his sole expenc~es and all tL'e pro- visions of Suction 9 heraof ~ha].! become applicable to the pe~Tai~tee. SECTION 6: BONDS AND INSPECTION FEES: ,. PriOr to the issuance of an encroachment permits (a) ~he permittee shall pay to the Ci~y an application fee there- for in acco_+d with the schedule of' fees adopted by resolu~ion of the City Councils which fees insolaf as is applicable are to be established on the basis of co~t of inspect~on~ and (b) shall post a ~ash or surety bond payable to C~.tl-s condltioned on the props.?. compliance by the per- mittee with all of the terms of said permit and this oTdinancao Sa/d bond shall be in such amount as the Director de~m~ sufficient ~o cover the cost of completion of the encroachmeats or the removal of the s~.~ and the restoration of the street ~to its original conditions whichever cost is the Sreater of the two. SECTION 7: ~AINTENANCE OF ENCROAa4MENTS: Unless otherwise specifically set forth in the permits each permitted encroachment shall be kept in maintenance and repair by the permittee at his sole cost and' expense. Upon the failure of the permittee to maintain or repair an~ encroachment after ten (10) days written notice to do so from the Directors said permit shell automatic- ally he revoked without natices and the provisions of Section 9 shell otherwise be applicable thereto. · If~ homevats in the opinion of the Director it is for the better interest of the City to maintain said encroachment rather than to r~-~ve or abate its the cost of said main- tanante shell be a covered liability under the permittee's bond. SECTION 8: I~DEMNIFlCATION: Each applicant for an encroachment permit shall ,aSree to indemnify and hold City harmless from and a~ainst any and all claims~ ~ae~m~dss actions. suits or liability of whatsoever kind or nature arisin~ or resulting from the doing or refraining from doing of any act permitted by such permits or the failure to comply with any of the terms of said permits or arising or resulting in any manner from the erection or con- struction of such encroachment. The issuin~ a~ency may require adequate public liability and property d~mSe insurance as a condition of issuance of any such permit. = SECTION 9: .ENCROACHMENTS AS PUBLIC NUISANCE - REN~)VAL: (A) General: Any opening, excavation or encroachment created, erected, constructed, placed, or permi~ted to remain, contrary to the provisions of this ordinance or any other ordinance of the City of Saratoga is hereby declared to be a public nuisance, and without l~m~tin~ any other r~dy herein contained or othenrlse provided by laws may ~-~,diately be r_~n~_~ved or abated by the Director without notice, (B) Pa~oval b~ Owner: Without l{m~.ing the foregoing, any person causing, creating, erecting, const~uct~, placing or owning any encroac~n~ut or excavation contrary to the provisions of this ordinance or any other ordinance of the City of Saratoga, shall remove or abate the same a= his sole expense within ten (10) days (or such further period of time as specified in the notice) after written notice so to do be the Director. Said notice shall be served on said person or left at his place of residence, or if naither can be found after due diligence then by posting on or at the encroachment. If the encrcach,~.Ut ~s not. removed or abated in accord with said notice, it may Choreafter be removed or abated by the Director, and all costs of removal and restoration of that portion of the street from which it was removed shall be a lien against all property in the City of Saratoga of the person ownings cansing or creating said encroach-~ut, In the case of a =evoked encroachment permit, such lien shall be in addition to liability unaer the pex~nittee*s bond. (C) ..Penal~7 fo~ Viol. at!on: Violation of this ordinance is a misdemeanor and all of the penalty and enforcemen~ provisions of Ordinance 11 of City shall be applicable thereto. In additien~ every person who, after notices fails to remove or aba~e an encroachment in accord with Paragraph (B) above~ shall be liable for a p~-~lty of $10.00 for every day such encroac_t-_~eu_t r~nn~ns un=emoved or --~ated, coll'ec~ible by civil action in the of City. SECTION 10: CONSTiTJTIONALiTY: If any section, subsectiOns sentences clause, or phrase of this ordinence is fo;: any reason held by a court of con~etent Jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portious of this ordinance. The City Council of the City of Saratoga hereby declares that it would ha~ passed this ordinance and each section, subsection, sentence, clanse and phrase thereof, irrespective of the fact that nay one or mare sections, sub- sections~ sentences, clauses or phrases be held invalid or unconstitutional. This ordinance was regularly introduced end after the Waiting time t~m~ required by law was thereafter passed and adopted this 19th day of April , 1961, by the following vote: AYI~S: Brazil, Glennon, Drake, Langwill, Hartman ~/ published according to law. ~'~-~ Deputy .~.~ ~,~,,~ ""