Recent complaints about the proliferation of A-frame signs, dining tables and chairs and tables displaying sale merchandise on sidewalks downtown has prompted the City of Los Altos to mail information to businesses that describes sidewalk encroachments.
The city allows the placement of signs and tables on the sidewalk, but such placements require permits. Businesses must apply and pay a one-time, $67 filing fee to the city’s planning department. The application must also include a current certificate of insurance from the business owner basically clearing the city from liability should an accident occur.
“The applicant agrees to defend, save, keep and hold harmless the city … from all damages, costs or expenses in law or equity that may at any time arise,” the statement said. “The city will not be held liable for any loss or damage to the signs or objects, regardless of asserted cause.”
The packet was mailed to businesses June 2 and to date, only two permits have been approved, said Larry Tong, Los Altos planning director. He said 10 permit applications are pending.
Curran said most merchants appear to have a problem with the insurance certificate listing the city as co-insured on their liability policies.
The insurance required to place anything on public sidewalks, including restaurant seating, is general liability for property damage and bodily injury liability, $1 million for each person, and $1 million for each occurrence.
In addition, an umbrella form for excess liability is $1 million for each occurrence and $1 million aggregate.
Businesses that do not comply with the sidewalk encroachment ordinance must remove their objects from the public right-of-way. If they are not removed, the owner may be subject to a citation and a fine.
Curran said the city has been lenient about the matter. “Some cities charge businesses rent to place tables and chairs on public sidewalks,” she said.
