Chapter 12.08
ENCROACHMENT PERMITS
Sections:
12.08.020 Encroachment permits—Application and approval.
12.08.030 Conditions of permit.
12.08.040 Unauthorized encroachments.
12.08.050 Approval of existing encroachments.
12.08.070 Permits for construction or excavation.
12.08.010 Definitions.
“Encroachments” shall be considered as any object above ground or below belonging to a private owner other than the municipality which has been or caused to be constructed or located within streets, public rights-of-way or other property dedicated to a public use. (Ord. 93-13 § 1 (part), 1993.)
12.08.020 Encroachment permits—Application and approval.
A. Application. Any person desiring to construct an encroachment on a public right-of-way, or any other property dedicated to a public use, shall apply to the city manager for an encroachment permit.
B. Approval of Short Term Permit. The city manager may issue a short term encroachment permit for a period not to exceed one year.
C. Approval of Long Term Permit. The city manager shall refer any encroachment permit application for a period exceeding one year to the city planning commission. The manager shall submit his recommendations regarding the application to the planning commission. The planning commission shall review the application, and forward a recommendation to the city council. The city council shall act upon the encroachment permit application only upon receipt and consideration of the recommendation of the planning commission. (Ord. 93-13 § 1 (part), 1993.)
12.08.030 Conditions of permit.
The manager, in the case of a short term permit, or the city council, in the case of a long term permit, may provide for such conditions and limitations to the permit they deem appropriate. The city may, as a condition to the permit, require that should the city deem it necessary to eliminate the encroachment before the expiration of the encroachment permit, the city may move the building onto the lot owned by the applicant at the city’s cost. If the city does relocate the building, the city shall be liable for any interruption of rents during the move or for any inconvenience suffered by the owners or tenants during such move so long as the city accomplishes relocation in a reasonably diligent and workmanlike manner. (Ord. 93-13 § 1 (part), 1993.)
12.08.040 Unauthorized encroachments.
Unauthorized encroachments shall be subject to immediate removal by the owner upon being given notice by the city. Notice shall consist of a written letter, sent by certified mail, return receipt requested, or by personal service, explaining the violation and allowing twenty days to remove the encroachment. If certified mail is refused, then notice sent by regular mail will suffice. If the owner does not remove the encroachment after being given property notice, the city shall remove the same, and the person encroaching shall reimburse the city for all costs incurred. Failure of the city to act to cause the removal of an unauthorized encroachment shall create no rights in the owner. (Ord. 93-13 § 1 (part), 1993.)
12.08.050 Approval of existing encroachments.
Any encroachment of a private nature without a permit may be removed in accordance with Section 12.08.030 or may be granted a permit allowing such encroachment to remain if such encroachment meets approval of the permit issuance provisions of Section 12.08.020. The individual upon signing the permit agrees to indemnify the city against any and all claims to persons or property which may grow out of or arise in such encroachment within, on, over or under any property owned by the city, a public right-of-way, or other property dedicated to public use. No encroachment shall have a status greater than that of a nonconforming use and, in addition, in the case of a building or structure, or damage to the building or structure, or the expiration of the useful life of the building or structure, whichever first occurs. (Ord. 93-13 § 1 (part), 1993.)
12.08.060 Right of appeal.
Any revocation, suspension or denial of an encroachment permit by the city manager or by the city council may be appealed to the city council by filing written notice of appeal with the clerk and stating the grounds for such an appeal. The appeal notice must be filed within thirty days after the effective date of the revocation, suspension or denial from which the appeal is taken. Any aggrieved party to a decision of the city council, including the city manager, may appeal the decision to the city council. In addition, any city council member may, within the thirty day period, cause the matter to be brought to the city council for consideration. (Ord. 93-13 § 1 (part), 1993.)
12.08.070 Permits for construction or excavation.
No person shall do construction or excavation work on property owned by the city, a public right-of-way or any other property dedicated to public use, without first obtaining an encroachment permit from the manager. (Ord. 93-13 § 1 (part), 1993.)