Chapter 12.20
ENCROACHMENT REGULATIONS
Sections:
12.20.010 Definitions—Vehicle code.
12.20.020 Definitions—Generally.
12.20.030 Sidewalk planting strip restrictions.
12.20.050 Permit—Application—Fee.
12.20.070 Permit—Revocation conditions.
12.20.080 Removal of encroachment—Procedure.
12.20.010 Definitions—Vehicle code.
The following words and phrases where used in this chapter shall, for the purpose of this chapter, have the meaning respectively ascribed to them in the vehicle code of the state and amendments thereto, and such definitions shall apply in this chapter: “sidewalk” (Section 555); “highway” (Section 360); “street” (Section 590); “alley” (Section 110). (Ord. 316 § 1, 1979).
12.20.020 Definitions—Generally.
The following words and phrases where used in this chapter shall, for the purpose of this chapter, have the meaning respectively ascribed to them in this section:
A. “Curbline” is the line established by the curb face of a curb and gutter section. In those areas where curb and gutter does not exist, the city engineer shall determine the location of the curb and gutter from which the curbline will be established.
B. “Encroachment,” as used in this chapter, is any permanent or temporary structure or appurtenance thereto, fence, hedge, planter, shrub, sprinkler system, or any other thing whatsoever which intrudes into, upon, over, or under or invades the sidewalk planting strip or any portion of a public way as defined in this chapter.
C. “Planting strip” is that portion of the sidewalk planting strip not required for sidewalk, driveway or curb use.
D. As used in this chapter, “sidewalk planting strip” is that portion of the street between the property line and the curbline. (Ord. 316 §§ 2, 4, 1979).
12.20.030 Sidewalk planting strip restrictions.
The sidewalk planting strip may have power or telephone poles, underground gas and electric distribution facilities, street lights, fire hydrants, street trees or other facilities of general public benefit located within it. Lawn only is permissible in the sidewalk area of the planting strip in those areas where the sidewalk has not been constructed in the sidewalk planting strip. Lawn, a plant ground cover, or shrubbery less than eighteen inches high may be planted in the planting strip, or the planting strip may be surfaced with materials approved by the city manager, provided that the property owner first obtains written permission for the city manager. It shall be the property owner’s responsibility to maintain the sidewalk planting strip in a good state of repair at all times so that it will not be dangerous to the users thereof for any reason, and the property owner shall hold the city harmless from and of all damages, costs, and charges of any kind or character arising out of, relating to or in any way connected with the condition of the sidewalk planting strip. (Ord. 316 § 3, 1979).
12.20.040 Permit—Required.
It is unlawful for any person, firm, or corporation to place, erect or maintain, or to permit the placing, erection, maintenance or existence of any encroachment, as defined in Section 12.20.020, upon, over or under the sidewalk planting strip or any portion of a public way without a permit from the city granted as provided in this chapter, except as modified by Section 12.20.030. (Ord. 316 § 5, 1979).
12.20.050 Permit—Application—Fee.
Any person, firm or corporation desiring to place, erect, or maintain an encroachment, as defined in Section 12.20.020, in the sidewalk planting strip or any portion of a public way as defined in this chapter, shall make application for a permit to do so at the office of the city clerk. The application shall be in writing on a form furnished by the city for that purpose, and shall specify the name and address of the applicant, the location of the property in front of which the encroachment is proposed, the name of the person who will perform the work, the nature and dimensions of the proposed work, and such additional information as the city manager or designated representative may require. The applicant shall pay to the city clerk at the time of making the application a permit fee in the amount adopted by resolution. Each year the city council shall review the fees and charges established in the resolution and if it is determined that a change is needed, the city council shall adopt such change by resolution. (Ord. 683, 2007; Ord. 356 § 1, 1983: Ord. 316 § 6, 1979).
12.20.060 Permit—Issuance.
A. The city manager may issue permits for encroachments in the sidewalk planting strip and any portion of a public way subject to all of the conditions of this chapter and to such further conditions as the city manager or designated representative may deem for the best interests of the city in each application. In each case the applicant shall agree in writing to the conditions of the permit.
B. Any applicant who is dissatisfied with a decision of the city manager or any other official or employee of the city with authority to issue permits or licenses under the provisions of this chapter may appeal to the city council by filing a notice of appeal with the city council within ten days of the decision from which an appeal is being taken. The city council shall set a date for a public hearing, the date to be not more than thirty days from the date the appeal is filed.
C. Notice of the time and place of the hearing on appeal shall be given by mailing copies of the notice by first class mail, postage prepaid, to the applicant and to any interested person who has filed a written request for notice with the city clerk, and by publication at least once in a newspaper of general circulation published and circulated in the city, and posting such notice in a conspicuous place on or close to the property affected at least ten days prior to the date of hearing. The council shall hear the matter and shall make its findings and conclusions not later than the conclusion of the next regularly scheduled meeting of the council after the hearing. In its findings the council shall report the facts found and its conclusions as to whether the decision appealed from is confirmed, reversed or modified. Copies of the decision of the council shall be mailed to the applicant. The decision of the city council is final.
D. All proposed work and installations shall be made in accordance with the plans and descriptions approved by and filed in the office of the city manager. The city manager or designated representative shall have the right to inspect the work and installation and to prescribe any and all conditions pertaining to such work or installation. He shall be given not less than three work days’ notice prior to the commencement of any work or installation under the permit granted unless the date of commencement has been specified in the application.
E. During the period of construction, applicant shall maintain the public way so as not unreasonably to hinder, render inconvenient or interfere with the public use thereof and shall erect such barriers, signs and other measures as may be necessary and proper to provide for the safety of persons, animals and vehicles using the public way. The city manager or designated representative shall be the sole judge of the interpretation of the provisions of this subsection, and all decisions rendered regarding same shall be final. When safety measures are required, all construction shall immediately cease until such measures are provided to the satisfaction of the city manager or designated representative.
F. Applicant shall be responsible for all liability for personal injury or property damage which may arise out of the work permitted and done under a permit or which may arise out of failure on the part of the applicant to perform his obligations under any permit. In the event any claim of such liability is made against the city or any department, officer or employee thereof, applicant shall defend, indemnify and hold them, and each of them, harmless of such claim. (Ord. 356 § 2, 1983: Ord. 316 § 7, 1979).
12.20.070 Permit—Revocation conditions.
A. A permit granted pursuant to this chapter is revocable at any time by the city.
B. If any work or construction is not completed in the manner and within the time required, the city manager or designated representative shall notify applicant in writing and if the applicant fails to commence the work of remedying the defect within five days the city manager, at the sole cost and expense of applicant, shall cause the defect to be remedied and restore the property to its original condition.
C. If future construction or maintenance work on the right-of-way requires removal of the encroachment, applicant shall promptly remove same at his own cost and expense, and if he fails to do so within a reasonable time after notice so to do, or after notice of termination of the permit granted hereunder, then city may remove the structure at the sole cost and expense of applicant.
D. Upon the revocation of any such permit, the city manager shall give notice to the person maintaining the encroachment to remove the encroachment. It is unlawful for a person, firm, or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of an encroachment upon, over or under the sidewalk planting strip or any portion of a public way after his permit has expired, or after his permit has been revoked and the time specified in the notice from the city manager or designated representative for removal of the same has expired. (Ord. 356 § 3, 1983: Ord. 316 § 8, 1979).
12.20.080 Removal of encroachment—Procedure.
Any person, firm or corporation whose property encroaches in any manner upon, over or under the sidewalk planting strip or any portion of a public way who has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the city manager or designated representative requiring such removal. Notice of such removal shall be by registered mail, addressed to the post office address of the owner or occupant of the premises where the encroachment exists, or by personal service of such notice upon the owner or occupant by a person authorized by the city manager or designated representative to deliver such notice. The time required for removal of such encroachment shall be specified in the notice. (Ord. 356 § 4, 1983: Ord. 316 § 9, 1979).
12.20.090 Violation—Penalty.
Any person violating any provision of this chapter shall be guilty of an infraction and shall be punishable by a fine not exceeding fifty dollars for the first violation, a fine not exceeding one hundred dollars for a second violation within one year, and a fine not exceeding two hundred fifty dollars for each additional violation of this chapter within one year. (Ord. 316 § 10, 1979).