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Ord 1968 - Amending Article III of Chapter 23 Regulating Encroachment in Public Right-of-Ways and Public WaysORDINANCE 1968 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 23 REGULATING ENCROACHMENTS IN PUBLIC RIGHT -OF -WAYS AND PUBLIC WAYS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Article III of Chapter 23 of the Town Code of the Town of Los Gatos is renamed Encroachments. SECTION II Section 23.30.015 is repealed and a new Section 23.30.015 is added to read as follows: Section 23.30.015. Permit - Required. It is unlawful to do or perform any of the following without first obtaining a written encroachment permit from the Director of Building and Engineering Services as provided in this Article: (a) Placing, changing or renewing any encroachment in a Town controlled or owned street, road, alley, sidewalk, curb, parking strip or public way, unless otherwise governed by Section 23.10.085 of this Code. (b) Constructing any driveway, sidewalk, curb, or gutter into or within any Town right -of -way. (c) Making any opening or excavation in any street, road, alley, sidewalk, curb, parking strip, or any Town right -of -way for any purpose. (d) Laying or placing any pipes, conduits, sewers, wires, or any other objects in any Town right -of -way. (e) Connecting to or altering in any way any Town drainage system, sewer system, or piping system of any kind. SECTION III Section 23.30.020 is repealed and a new Section 23.30.020 is added: ATY014 \CNCLRPTS \CHAPTRII.0RD 10/14/93 Section 23.30.020. Bonds and insurance required. The Director of Building and Engineering Services will require an applicant for a permit under this article to file the following bonds, insurance, and agreements with the Town before issuing a permit. (a) For projects valued at five thousand ($5,000) or less: (1) Proof of public liability insurance in a minimum of three hundred thousands ($300,000) combined single limit per occurrence and providing an endorsement naming the Town, its boards, commissions, officers, and employees as additional insureds on the liability policies for the work to be performed, all in the form approved by the Town Attorney. (2) If any persons are to be employed in the construction or work, proof of workers' compensation coverage pursuant to State law. (3) Execution of a hold harmless agreement in favor of the Town holding the Town, its boards, commissions, officers and employees harmless and indemnifying them for any damages and defense costs for any liability arising from the work to be performed. (b) When a project is valued at more than five thousand dollars ($5,000), the applicant for the permit shall provide in addition to those requirements under subsection (a) above, the following: (1) A bond in the value of work guaranteeing satisfactory performance of the work as set forth in the application. (2) A labor and materials bond in an amount of not less than 100 percent of the value of the work guaranteeing that labors and material persons shall be paid for the work performed on the construction. (3) Proof of public liability insurance in a minimum of one million ($1,000,000) combined single limit per occurrence in the form and providing the same endorsement for additional insured specified in Subsection (a) above. (c) Should the Director of Building and Engineering Services determine that the ATY014 \CNCLRPTS \CHAPTRII.ORD 2 10/14/93 work proposed is valued at less than five thousand dollars ($5,000) but that it constitutes a dangerous or intrusive type of work so that completion of the work is necessary then the Director may require that increased insurance coverage or a performance bond or other sufficient security in the amount of the value of the work be posted prior to issuance of the permit. (d) The market value of lawn, plant, shrub, tree, or other landscaping materials shall be deducted from the project cost in determining the level of insurance and security to be provided pursuant to this Section. (e) The Town recognizes that certain minor landscaping work, repair, and upkeep in the public right -of -way that does not involve excavations that exist longer than four (4) hours should be exempt from the necessity of first obtaining an encroachment permit. Examples of such minor work include: (1) Placement of sod or seed; (2) Planting, removal, or replacement of annual plants and flowers; (3) Installation of parking strip sidewalk in conformance with Town standard specifications. However, any such work undertaken without first obtaining an encroachment permit pursuant to this Article shall be subject to summary removal without notice by the Town and shall be the sole responsibility of the adjacent property owner. The Director of Building Services may determine that an encroachment permit is required because of the minor work to be or already undertaken, and the Director's decision shall be final and conclusive. (e) An applicant for a revocable permit under Section 23.10.085 shall satisfy the requirements of this Section before beginning any work under the revocable permit. SECTION IV Section 23.30.035 is amended to read as follows: Section 23.30.035. Work to be subject to inspection. All work under this article and Section 23.10.085 shall be subject to the inspection of the Town Engineer or designees. However, such inspections and the other provisions ATY014 \CNCLRPTS \CHAPTRII.0RD 3 10/14/93 of this Article shall not relieve the applicant or applicant's contractors, agents, or employees from full liability and responsibility for the performance of the work in accordance with generally accepted standards for such design and construction and in conformance to the plans submitted to the Town. SECTION V A new subsection (c) is added to Section 23.30.045 as follows: Section 23.30.045. Backfilling, resurfacing, etc. (c) The Town may require the applicant to correct any slumping that occurs in any backfill replacement, pavement, or resurfacing within two (2) years following the completion of the construction under a permit issued pursuant to this article or Section 23.10.085. SECTION VI Section 23.30.055 is amended to read as follows: Section 23.30.055. Continuing responsibility of permittee, etc., after completion of work and removal of encroachment. (a) The responsibility and liability of a permittee under this article and Section 23.10.085 and of the persons doing the work under that permit shall not cease upon completion of the work. The permittee, and the permittee's heirs, successors, and assigns shall remain solely liable and responsible to the public and the Town for the installation, maintenance, and repair of the work unless the Town expressly accepts responsibility in writing for the installed work. Should any defect occur or be discovered following completion of the work, the Town may require the permittee to correct, repair, and replace the defective work at the sole expense of the permittee. (b) Any encroachment installed in the public right -of -way subject to this Article or Section 23.10.085 shall be and is expressly subject to removal by any government agency ATY014 \CNCLRPTS \CHAPTRIL0RD 4 10/14/93 or public utility lawfully using the right -of -way or the Town if the encroachment interferes with the public convenience or necessity. No compensation shall be owed to the owner or user of the encroachment for any such removal or alteration. SECTION VII Section 23.40.025 is renumbered as Section 23.30.060. Section 23.40.030 is renumbered as Section 23.30.065. Section 23.40.035 is renumbered as Section 23.30.070. Sections 23.40.010, 23.40.015, and 23.40.020 are repealed. SECTION VIII This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 18, 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on February 7, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR HE TO OF LOS GATOS LOS GA S, CALIFO IA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATY014 \CNCLRPTS \CHA1-TRi1,0RD 5 10/14/93