Chapter 16.05
STREETS AND SIDEWALKS
Sections:
16.05.010 Opening streets and alleys.
16.05.020 Obstructions or damage.
16.05.030 Encroachment permit.
16.05.050 Removal of unauthorized encroachments required.
16.05.060 Encroachment defined.
16.05.010 Opening streets and alleys.
The city council shall have power, whenever deemed necessary to order the opening up of streets and alleys in the city and to provide for the survey thereof and the marking of the boundaries of the lots and blocks therein, which streets and alleys when surveyed and opened up by order of the council shall be added to the official plat of the city and become a part thereof and such streets and alleys shall be given appropriate names by the council. (Ord. O-93-6-6 § 1 (part), 1994)
16.05.020 Obstructions or damage.
(a) It is unlawful for any person to dig up, undermine or in any way disturb or obstruct or cause to be dug up, undermined or in any way disturbed or obstructed, any public street or the planking or sidewalks, or any highway or place, or to fill in or deposit earth or rocks, or any other matter or thing tending to disturb or obstruct the same, without first having obtained permission of the city manager.
(b) It is made unlawful for any person to place any goods, wares or merchandise or any signs, advertising matter or thing, instrument or machinery or erect, maintain or cause to be erected, any posts or poles, structure, building or anything causing an obstruction or an encroachment on the sidewalk, streets or city property or interfering with the free use thereof, by the side of, over or upon the sidewalk, public streets or property of the city without first having obtained an encroachment permit.
(c) It is unlawful for any person to remove, alter, damage or obstruct the free use of, or to cause the removal, alteration, damage or obstruction of, any public sidewalk or street in the city without having first obtained a written permit so to do, signed by the city manager, provided however that a temporary obstruction for the purpose of loading or unloading of merchandise or performing a delivery shall not be deemed a violation. (Ord. O-00-7-2 §§ 6, 7, 1999; Ord. O-93-6-6 § 1 (part), 1994)
16.05.030 Encroachment permit.
An existing or proposed encroachment may be granted a permit by the city allowing the encroachment if the city manager or the city manager’s designee finds that the encroachment is not interfering with the need for public use of streets, utility easements, public right-of-way or other property dedicated to a public use. (Ord. O-00-7-2 § 2, 1999)
16.05.040 Permit conditions.
All encroachment permits granted by the city shall contain a condition requiring removal of the encroachment if future city needs require public use of the property occupied by the encroachment and shall contain a condition requiring the permittee to indemnify the city against any and all claims to persons or property which arise from or relate to the existence of the encroachment. The terms of the permit shall be contained on a standard application form prepared by the city manager or the city manager’s designee and approved by the city manager. (Ord. O-00-7-2 § 3, 1999)
16.05.050 Removal of unauthorized encroachments required.
An encroachment that has not been permitted as required by this chapter shall be removed by the owner of the encroachment no later than twenty days after receipt of written notice by certified mail from the city manager or the city manager’s designee requesting removal of the encroachment. Should the owner of the encroachment fail to remove the encroachment within the time required in the written notice, the city shall remove the encroachment. The owner of the encroachment shall reimburse the city for all costs of removal. (Ord. O-00-7-2 § 4, 1999)
16.05.060 Encroachment defined.
As used in this chapter, the word “encroachment” means any object above the round or below the ground owned by a person other than the city which is located within dedicated streets, public utility easements, public rights-of-way, or other property dedicated to a public use. (Ord. O-00-7-2 § 5, 1999)