Chapter 12.08
ENCROACHMENTS
Sections:
12.08.020 Notice to remove encroachment – Service and posting.
12.08.030 Penalty for failure to remove.
12.08.040 State statutes adopted.
12.08.010 Definitions.
The following terms and expressions when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them as follows:
A. “Encroachment” includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any city street.
B. “Street” includes all or any part of the entire width of right-of-way of a city street, whether or not such entire area is actually used for street purposes. (Ord. 52 § 1, 1962)
12.08.020 Notice to remove encroachment – Service and posting.
A. The street commissioner may, by notice, require the removal of any encroachment from any city street. Notice shall be served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence of such occupant, owner or person if he resides in the city and is known to the person giving such notice.
B. If the person upon whom notice is to be served does not reside in the city, the notice shall be posted on the encroachment. The notice shall specify the breadth of the street, the place and extent of the encroachment, and shall require the removal of such encroachment within 10 days. (Ord. 52 § 2, 1962)
12.08.030 Penalty for failure to remove.
A. If the encroachment is not removed, or its removal not commenced and diligently prosecuted, prior to the expiration of 10 days after the service or posting of the notice, the person causing, owning or controlling the encroachment forfeits $10.00 for each day the encroachment continues unremoved, but not, in any event, more than a total of $500.00. The superintendent of streets shall immediately remove any encroachment which is such as effectually to obstruct and prevent the use of the street by vehicles.
B. Any person violating any provisions of this chapter or of any code of which this chapter becomes a part is guilty of an infraction. Every violation is punishable by a fine not to exceed $100.00 for a first violation, and a fine not to exceed $250.00 for a second violation of the same section within one year, but in no event shall punishment for violation whether by forfeiture or fine, or both forfeiture and fine, exceed a total of $500.00. (Ord. 130 § 1, 1983; Ord. 52 § 3, 1962)
12.08.040 State statutes adopted.
In furtherance of its meaning and effectiveness, this chapter shall include Sections 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, and 1496, Chapter 6, as set forth in the Streets and Highways Code of the state, and are made applicable to the city streets, and which statutes provide for:
A. Abatement action to remove encroachment: Judgment: Penalty recoverable.
B. Removal of encroachment at owner’s or occupant’s expense: Recovery of expense and penalty in action.
C. Street gates.
D. Street injury by water: Penalty.
E. Injuring the street by water seepage or overflow: Repair: Expense.
F. Bridges over ditches: Recovery of expense of construction.
G. Bridges over irrigation ditches, city constructed.
H. Injury to city bridge: Criminal and civil liability.
I. Injury to street signs, etc.: Penalty.
J. Obstructions falling on streets: Expense of removal: Penalty for neglect to remove.
K. Trees cut down which fall on streets: Penalty for neglect to remove.
L. Injury to street trees: Penalty.
M. Recovery of penalties. (Ord. 130 § 2, 1983; Ord. 52 § 4, 1962)