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Section 23.30.015 is repealed and a new Section 23.30.015 is added to read as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Section 23.30.020 is repealed and a new Section 23.30.020 is added:
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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
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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
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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
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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
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