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HomeMy WebLinkAboutORD NO 4698ORDINANCE NO. 4698 ORDINANCE AMENDING SECTION 12.20.020(B) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REVOCATION OF ENCROACHMENT PERMITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.20.020(B) of the Bakersfield Municipal Code is hereby amended to read as follows: 12.20.020 Permit requirements— Revocation. 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 encroachment 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 such application is granted, the applicant will indemnify and save and hold harmless the city, its agents, officers 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, legally caused by, growing out of, or in any way connected with, the placing, erection or maintenance of such encroachment, and upon the expiration of such permit or the revocation thereof, the applicant will, at his or her own cost and expense, remove the same from the public property or right - of -way where the same is located and restore such public property or right -of- way to the condition as nearly as that in which it was before the placing, erection, maintenance or existence of such encroachment. Such application shall also contain an agreement on the part of the applicant to keep all liability insurance required by the city manager 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 such 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, erection or maintenance of such encroachment will S: \C0UNCIL \0rds \12 -13 \12.20.020 EncroachPermit- Revocation2d.docx -- Page 1 of 3 Pages -- o``�AKF9� r— U p ORIGINAL constitute a hazard to persons using such public property, right -of -way or other public place. Upon the completion of such investigation, the city engineer shall, at his or her discretion, either grant or deny the applicant a permit to place, erect and /or maintain such encroachment. Such permit, if granted, may be granted for a definite time or for annual renewal, and the city engineer may impose such conditions to the granting of the same as in his or her discretion will best serve the public interest. In any event, a permit granted by the city engineer pursuant to this section is revocable at any time by the city engineer. If the application is denied, the department shall advise the applicant in writing of the basis for denial. The applicant shall have ten days from the mailing of such denial by city to appeal. The written request for appeal must be received by the city clerk within such time period. Upon timely receipt of a written request for an appeal, the city clerk shall schedule the matter for hearing with the city manager or designee within sixty days of receipt of the request. If the applicant is a video service provider as defined in Section 5.48.010 of this code, pursuant to Section 5885 of the Public Utilities Code, the applicant shall have ten days from the mailing of such denial by city to appeal. The written request for appeal must be received by the city clerk within such time period. Upon timely receipt of a written request for an appeal, the city council shall schedule the matter for hearing at the next available city council meeting. Upon the revocation of any such permit, the city engineer shall give notice in the form and manner specified in Section 12.20.030 to the applicant for such permit or to the person maintaining such encroachment. It is unlawful for a person, 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 or her permit has expired, after his or her 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. An encroachment permit may be granted in the central business zone and commercial center zone for restaurants or other establishments serving food or beverages in the encroachment area; however, all the requirements of Sections 12.20.020(C) and (D) shall be followed in addition to all other requirements of this chapter. Fees or charges for the issuance of any permit under this chapter may be imposed by resolution or ordinance of the city council. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -------- 000-- - - - - -- S: \C0UNCIL \0rds \12 -13 \12.20.020 Encroach Permit- Revocation2d.docx -- Page 2 of 3 Pages -- �' m = r v o ORIGINAL 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 Nov 2 R 2012 by the following vote: AYES' COUNCILMEMBER: SALAS, BENHAM, WEIR, HANSON, JOHNSON NOES: COUNCILMEMBER: 10 N: COUNCILMEMBER: Y1 ABSENT: COUNCILMEMBER: c APPROVED: NOV 2 8 2012 JIM ROBERTA GAFFORD, CAd CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Atto ey By: �Uj ANDREW HEGWAID Deputy City Attorney "MA S: \C0UNCIL \0rds \12 -13 \12.20.020 Encroach Permit- Revocation2d.docx -- Page 3 of 3 Pages -- ?- m r- r— O ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 3rd day of December, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4698, passed by the Bakersfield City Council at a meeting held on the 28thday of November., 2012 and entitled: ORDINANCE AMENDING SECTION 12.20.020(B) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REVOCATION OF ENCROACHMENT PERMITS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield 'Arm �ipk� S1D0CUMENIIF0RMSW0P.0RD.wpd P, K, 9q r U O ORIGINAL