Property Encroachment

Permit Requirements

Any work or obstruction in, over, or on any public sidewalk, street, avenue, alley, or public place within the City that requires inspection to ensure City-owned facilities are constructed to City standards requires a permit.

Additionally, any activity that poses a liability due to obvious safety concerns may also require a permit.

“No person shall grade, prepare, subgrade, pave, excavate, or construct sewers, drains, curbs, gutters, driveways, sidewalks, manholes, catch-basins, or similar structures or works in any street, alley, or way—whether dedicated or proposed for public use—within the City, unless and until a permit for the work has been issued by the Department in accordance with the provisions of this chapter.”
('61 Code, § 7-3.02) (Ord. 37 C.S., passed 12-4-62)

Business License Requirement

Contractors performing work for compensation within the City must obtain a City of Madera Business License from the Finance Department.

“Except as otherwise prbovided in this chapter, license taxes in the amounts prescribed are imposed upon all business transacted or carried on in the City. It shall be unlawful for any person to commence, transact, engage in, or carry on any business in the City without first obtaining a license, and without complying with all applicable regulations of this chapter and other relevant City laws.

Each day a business is operated without a license and/or without such compliance shall constitute a separate violation of this chapter.

Once issued, the license authorizes the holder to conduct the specified business at the location designated in the license for the duration stated.”
('61 Code, § 6-1.05) (Ord. 228 N.S., passed ––)

Easement Use and Encroachments

PLEASE NOTE: The City cannot authorize a property owner to use a third party’s easement based on a letter alone. One key reason is that such a letter does not notify future property owners of a structure intruding into the easement. The easement holder retains the right to require removal of the structure—such as draining and removing a pool—to gain access to the easement.

The simplest and recommended approach is to design all structures, including pools, so they do not intrude into existing easements.

If avoiding intrusion is not feasible, the property owner must:

• Contact the easement holder,
• Enter into a recorded special covenant or equivalent agreement for use of the easement,
• Ensure the covenant is recorded against the property.

If the City is a holder of or has an interest in the easement, it must also be a signatory to the covenant.

The covenant would typically state that the property owner may make limited use of the easement at their own risk, and agrees to remove the encroaching structure at their own expense if access is needed by the easement holder.

Examples of Work Not Requiring a Permit from the Engineering Division

• Work outside the City limits
• Work entirely on private property
• Routine landscape maintenance, including:
  • Sprinkler repair
  • Mowing
  • Trimming

Note: Some activities may still require a permit from another division within the City of Madera.