The URL can be used to link to this page

Home My WebLink AboutORD NO 3140ORDINANCE NO. 3140 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 12.20 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ENCROACHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 12.20 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 12.20 ENCROACHMENTS Sections: 12.20.010 12.20.020 12.20.030 12.20.040 Defined. Permit requirements-Revocation. Removal after notice. Violation-Penalty. 12.20.010 Defined. An "encroachment" as defined in this section is any permanent or temporary fixture such as a building or appurtenances thereto, fence, hedge or any other thing, which intrudes into, upon, over or under, or invades any property belonging to the city, or intrudes into, upon, over or under or invades any street, avenue, lane, alley, sidewalk, court, place, public way, property rights-of-way now open or dedicated or which may hereafter be opened or dedicated to public use within the city, but does not necessarily prevent public travel. 12.20.020 Permit requirements-Revocation. A. It is unlawful for any person, firm or corporation to place, erect or maintain, or to permit the placing, erection, maintenance or existence of any encroachment, as defined in Section 12.20.010, upon, over or under any street, avenue, lane, alley, sidewalk, court, place, public way, property, or rights-of-way, now open or dedicated or 'which may hereafter be opened or dedi- cated or which may hereafter be opened or dedicated to public use within the city, or upon, over or under any property belonging to the city, without a permit from the city engineer granted as pro- vided in this section or, if the encroachment is by a pipeline for conveyance of petroleum products to or from a refining facility, without a license agreement therefor approved by the city council. B. Any person, firm or corporation desiring to place, erect or maintain any such encroachment as defined in Section 12.20.010 shall make application for a permit at the office of the city engineer. Such application shall contain the name and address of the applicant, a description of the proposed encroach- ment and the proposed location thereof, the period of time for which such encroachment is proposed to be maintained, and such other information as may be required by the city engineer. Such application shall further contain an agreement on the part of the applicant that if said application is granted, the applicant will indemnify and save and hold harmless the city, its agents, offi- cers and employees against and from all damages, judgments, claims, demands, expenses, costs and expenditures, and against all loss or liability which the city or such officers, agents or employees may suffer, or which may be recovered from or obtainable against the city or such officers, agents or employees, proximately caused by, growing out of, or in any way connected with, the placing, erection, or maintenance of such encroachment, and upon the expiration of said permit or the revocation thereof, the applicant will, at his own cost and expense, remove the same from the public property or right-of-way where the same is located and restore said public property or right-of-way to the condition as nearly as that in which it was before the placing, erection, main- tenance or existence of said encroachment. Such application shall also contain an agreement on the part of the applicant to keep all liability insurance required by the city engineer in full force and effect for however long the encroachment remains. Upon the receipt of such application, the city engineer shall make an investigation to determine if the maintenance of said encroachment will substantially interfere with the use of the public property, right-of-way or other public place where the same is proposed to be placed, erected, or maintained, and whether the placing, erec- tion or maintenance of said encroachment will constitute a hazard to persons using said public property, right of way or other public place. Upon the completion of such investigation, the city engineer shall, at his discretion, either grant or deny the appli- cant a permit to place, erect and/or maintain said encroachment. Said permit, if granted, may be granted for a definite time or for an indefinite time, and the city engineer may impose such condi- tions to the granting of the same as in his discretion will best serve the public interest. In any event, a permit granted by the city engineer pursuant to this section is revokable at any time by the city engineer. Upon the revocation of any such permit, the city engineer shall give notice in the form and manner specified - 2 - in Section 12.20.030 to the applicant for such permit or to the person maintaining said encroachment. It is unlawful for a per- son, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of an encroachment upon, over or under any street, avenue, lane, alley, sidewalk, court, place, public way, property or right-of-way after his per- mit has expired, after his permit has been revoked and the time specified in the notice from the city engineer for removal of the same has expired, or after required insurance has expired, lapsed, been reduced or revoked. C. No permit shall be granted until and unless the applicant has provided the city engineer with a certificate of insurance evidencing coverage for bodily injury or property damagE? liability, or both, unless such requirement is waived by the city engineer. The city engineer shall, in making his investigation of the application, determine the necessity for and the appropriate amount of such required insurance. 12.20.030 Removal after notice. A. Any person, firm or corporation, whose property encroaches in any manner upon, over or under any property of the city, or any street, avenue, lane, alley, sidewalk, court, place, public way, property or rights-of-way, now open or dedicated or which may hereafter be opened or dedicated to public use within the city, who has not obtained a permit from the city engineer for the placing, erection and/or maintenance of such encroachment shall remove the same after written notice by the city engineer demanding such removal. B. Notice of such removal shall be by registered mail, addressed to the post office address of the owner or occu- pant of the premises where the encroachment exists, or by persona]. service of such notice upon the owner or occupant, by a person authorized by the city engineer to deliver such notice. C. The time required for the removal of said encroachment shall be specified in the notice by the city engineer. 12.20.040 Violation-Penalty. Any person, firm or corporation failing to remove any encroachment from any property of the city, or from any street, avenue, lane, alley, sidewalk, court, place public way, property or rights-of-way, now open or dedicated or which may hereafter be opened or dedicated to public use within the city, within the timE? specified in the notice for removal by the city engineer, shall be - 3 - guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not to exceed three hundred dollars, or by imprisonment in the county jail for a period of not to exceed ninety days or by both such fine and imprisonment. Each day dur- ing which such encroachment is maintained after the date specified for removal shall constitute a separate offense. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 20, 1988 , by the following vote: AYES: COUNCILME~,1RERS: CHILDS, DeMON.p., SMITH, RATIT, PETERSON, McDERMOTT, SALVAGGiO NOES: COUNCIl M£MDERS: None AE'~E NT: COUNCILMEMBeRS: None ABSTAINING: COUNCILMEMBERS: None DEPUTY CITY CLERK and Ex Offic~d/ Clerk of the Council of the City of Bakersfield APPROVED January 20, 1988 MAYOR of the City c~ Bakersfield APPROVED as to form: City~of ,Baker/field the AJS/sdf/meg 00RD 5 ENCROACH1 12/14/87 - 5 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, Being duly That she is the duly appointed, of Bakersfield; and that on Bulletin Board at City Ball, The Bakersfield City Council sworn, deposes and says: acting and qualified City Clerk of the City F~hr~ary 2~ , 19 88, she posted on the a full, true and correct copy of the following: ORDINANCE , No. 3140 , passed by at a meeting held on January 20, 19 88 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 12.20 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ENCROACHMENTS- /s/ CAROL WILLIAMS CITY C~ERK of the~tY of Bakersfield DErC .? y Cle ' AOPNS