Chapter 12.08
OBSTRUCTIONS AND INTERFERENCE WITH PUBLIC STREETS1
Sections:
12.08.010 Obstruction – Permit – Required.
12.08.020 Obstruction – Permit – To whom granted – Deposit.
12.08.030 Failure of permittee to remove debris.
12.08.040 Obedience to directions of street superintendent.
12.08.050 Placing mortar or concrete on streets or sidewalks.
12.08.070 Obstruction – Removal.
12.08.080 Recovery of materials removed.
12.08.090 Prohibited deposits on streets.
12.08.100 Building obstructing street – Nuisance declaration.
12.08.110 Affected property defined.
12.08.120 Obstruction nuisance – Notice – Generally.
12.08.130 Obstruction nuisance – Notice – Service.
12.08.140 Obstruction nuisance – Hearing – Abatement action.
12.08.150 Obstruction nuisance – Abatement expense – Liability.
12.08.160 Obstruction nuisance – Abatement expense – Debt to city.
12.08.170 Obstruction nuisance – Foreclosure right.
12.08.180 Obstruction nuisance – Remedies cumulative.
12.08.010 Obstruction – Permit – Required.
No person shall place or cause to be placed on any street, sidewalk or public place in the city any material, machinery or apparatus for building, paving or other purposes and allow the same to there remain for over 24 hours without a permit from the street superintendent. Such permit shall specify the portion of the street or sidewalk to be used and the period of such use, which period shall not be longer than may be reasonably necessary and may be extended only in case of necessity. [1937 Code § 360.]
12.08.020 Obstruction – Permit – To whom granted – Deposit.
The permit aforementioned and required shall be granted to the owner of the lot, or to the builder or contractor who wishes to use street space, upon depositing with the street superintendent the sum of $20.00 as a guaranty to the city that the permittee will remove or cause to be removed all dirt, debris and materials of any kind from the street to the satisfaction of the street superintendent, immediately upon the completion of the proposed work, or at such times prior thereto, when in the judgment of the street superintendent the public interest and convenience will be subserved by the removal of the same, or any portion thereof; and that he will repair all damage done to street, gutter, curb or sidewalk through negligence in protecting same. [1937 Code § 361.]
12.08.030 Failure of permittee to remove debris.
Upon the failure or negligence of the permittee to remove or cause to be removed to the satisfaction of the street superintendent such dirt, debris or materials as aforesaid, within three days after being notified so to do by the street superintendent, the money so deposited as a guaranty or such thereof as may be necessary shall be used by the street superintendent in the removal of such dirt, debris or materials. [1937 Code § 362.]
12.08.040 Obedience to directions of street superintendent.
Every person having control of any such material, machinery or apparatus shall obey every lawful direction of the street superintendent as to such building material, whether contained in the permit or made after issuance thereof, and shall comply with the rules hereinafter set forth. [1937 Code § 363.]
12.08.050 Placing mortar or concrete on streets or sidewalks.
No person shall place or cause to be placed anywhere upon the surface of the roadway of any public street in this city, paved with either bituminous rock or with asphalt, or upon the surface of any improved sidewalk therein, either mortar or concrete in a moist state for any purpose whatsoever, or mix or prepare the same upon such roadway or sidewalk, unless such mortar or concrete is placed, mixed or prepared in a tight box upon a close-fitted platform, or bed, constructed and maintained to the satisfaction of the street superintendent. [1937 Code § 364.]
12.08.060 Rules governing the placing of building material and other obstructions on street or sidewalk.
The following rules relating to the subject of this chapter are adopted and shall be observed:
A. Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which the permit is issued. During the progress of building operations, at least six feet of the sidewalk pavement covered by the permit shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians.
B. Whenever the conditions are such that the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width, with substantial railings, shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk.
C. If there are excavations on either side of the sidewalk, the sidewalk must be protected by substantial railings not less than two and one-half feet high from the floor of the walk. The railings are to be maintained so long as such excavations continue to exist.
D. It shall be permitted for the purpose of delivering material to the basements of buildings to construct elevated temporary sidewalks not less than six feet in width and of a height not exceeding four feet above the curb level of the street. In case the sidewalk is so elevated, it shall be provided with good substantial steps at each end of the same, and shall have railings as before specified on both sides thereof.
E. All approaches to excavations and depressions must be barricaded.
F. If the building to be erected is more than three stories in height and is set at or near the street line, there shall be built over such sidewalk a roof having a framework and covering composed of supports and stringers of three by 12 timbers, not more than four feet from centers, covered with two layers of two-inch plank. The roof shall be maintained as long as material is being used or handled on the street front and above the level of the sidewalk.
G. In all cases such temporary sidewalks, railings and approaches and the roofs over same shall be made as regards each of approach, strength and safety, to the satisfaction of the street superintendent.
H. All gutters and waterways must be bridged over and kept clear of obstructions to the free passage of water.
I. Material or other obstructions must not be placed within 12 feet of any hydrant of the city used for fire purposes.
J. Lighted lanterns must be displayed and maintained at each end of every pile of material or other obstructions in the street, and at each end of every excavation, from 6:00 p.m. to 6:00 a.m.
K. Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks or roadways of streets, and must be removed from day to day as rapidly as produced. When dry rubbish apt to produce dust is being handled, it must be kept wetted down so as to prevent its being blown about by the wind.
L. Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction, the fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter.
M. The occupation of the street for the storage of building materials shall never exceed in front of any one building one-third of the roadway of the same, and in streets containing railroad tracks, such occupation shall not come within four feet of such railroad track. [1937 Code § 365.]
12.08.070 Obstruction – Removal.
The superintendent of streets is authorized and empowered to remove or cause to be removed, to any place selected by him, all materials of whatever nature which obstruct the free use of any street, lane or sidewalk in the city, or which render the same dangerous to the public. [1937 Code § 366.]
12.08.080 Recovery of materials removed.
The owners of materials so removed may recover the same before the same are sold by the superintendent of streets, on payment of the actual costs and charges of such removal and other incurred expenses. [1937 Code § 367.]
12.08.090 Prohibited deposits on streets.
No person, firm or corporation shall throw into, deposit upon, cast, place or sweep into or upon any public street, sidewalk, alley, highway, parkway or other public place, or upon any private premises within the city, any glass, broken ware, dirt, rubbish, garbage, filth, ashes, refuse, trash or cans, except as may be provided by ordinance of the city or by resolution of the city council.
No person shall empty or throw or deposit in any cesspool or manhole or flushing hole or any sewer any glass, broken ware, hay, straw, dirt, rubbish, garbage, filth, butcher’s offal, blood or brine, or any animal or vegetable matter; provided, however, that this section shall not prohibit the use of garbage disposal units, within buildings, by which garbage is ground and flushed into waste lines. [1937 Code § 368.]
12.08.100 Building obstructing street – Nuisance declaration.
Every building obstructing a public street or any part of a public street in the city is a public nuisance.
Any such nuisance shall be summarily abated at the expense of the person or persons creating, causing, committing or maintaining such nuisance, and the expense shall be and constitute a lien against the land to which the building is appurtenant or from which it protrudes into or upon such street until the same has been paid. Such expense shall also be a personal charge or debt against the owner of such property until paid. The procedure to be followed in abating such nuisances and defraying the expense of such abatement shall be as prescribed in this chapter. [1937 Code § 369.]
12.08.110 Affected property defined.
“The property affected,” wherever used in this chapter, means the property to which a building obstructing a public street is appurtenant, or from which such building protrudes into or upon a public street. [1937 Code § 370.]
12.08.120 Obstruction nuisance – Notice – Generally.
Upon receiving notice of the existence of a public nuisance of the character herein specified, the city council shall cause a written notice to be served upon the reputed owner of the property affected as such ownership appears upon the block book of the county assessor, which notice shall contain: first, a description of the property affected, giving street and number or lot and block number with name of subdivision, or other description sufficient to identify property; second, a statement of the character and extent of the nuisance; and third, a demand that the owner appear before the council at a time and place stated in the notice, not earlier than 10 days, and show cause, if any he has, why the nuisance should not be summarily abated at his expense. [1937 Code § 371.]
12.08.130 Obstruction nuisance – Notice – Service.
If such reputed owner of the property affected has a known residence in the city, the notice may be served upon such reputed owner personally, or be left at his residence with some person not less than 18 years of age. If such reputed owner has no known residence in the city, the notice shall be served by mailing a copy thereof addressed to him as his last known address. A copy thereof shall be posted conspicuously on the property affected, and another copy shall be published at least once in a local newspaper of general circulation, the mailing, posting and publication to be completed at least 10 days before the time specified in the notice. The mailing, posting and publishing of the notice as aforesaid shall be a sufficient service thereof for all the purposes of this chapter. [1937 Code § 372.]
12.08.140 Obstruction nuisance – Hearing – Abatement action.
At the time and place specified in the notice, the council shall consider and hear such testimony as may be offered in the matter; and, if satisfied that the building mentioned in the notice constitutes a public nuisance within the meaning of this chapter, shall thereupon or at any subsequent meeting pass a resolution to that effect. The resolution shall direct the superintendent of streets to abate the nuisance in question by removing the obstructing building at the expense of the owner of the property affected, unless the owner has abated the same within 30 days from the date of the resolution or such further time as may be granted by the city council. Thirty days after the passage of the resolution, unless in the meantime the owner has proceeded to abate the nuisance, the superintendent of streets shall proceed to abate and shall abate the nuisance, after which he shall file in the office of the city clerk a statement of the expense of such abatement. Before auditing or paying the bills for the expense of such abatement, the council shall cause notice of a hearing thereon to be served upon the owner of the property affected, the time and manner of service of the notice to be the same as specified in PMC 12.08.130. [1937 Code § 373.]
12.08.150 Obstruction nuisance – Abatement expense – Liability.
At the time stated in the notice of the hearing on the question of the expense of such abatement, or at any subsequent regular meeting, the city council shall hear and examine the street superintendent on the matter of such expense and shall determine and declare the amount thereof, whereupon the owner of the property affected may pay said amount to the city, and such payment shall discharge the lien provided for in this chapter. In default of such payment, the bills incurred in the abatement shall be paid by the city out of any funds available therefor. The amount so paid shall be added to the taxes on the property affected at the time of the next succeeding general tax levy and shall be collected as general property taxes are collected and be subject to the same penalties for delinquency. [1937 Code § 374.]
12.08.160 Obstruction nuisance – Abatement expense – Debt to city.
The expense of any abatement provided for in this chapter shall also constitute a debt or personal obligation against the owner of the property affected until the same has been fully paid, and nothing herein contained shall be construed as a waiver by the city of its right to enforce the payment of such obligation by an action of debt in a court of competent jurisdiction. [1937 Code § 375.]
12.08.170 Obstruction nuisance – Foreclosure right.
Nothing in this chapter contained shall be construed as a waiver by the city of its right to foreclose the lien herein provided for, in a court of competent jurisdiction, until the expense of abating the nuisance has been fully paid. [1937 Code § 376.]
12.08.180 Obstruction nuisance – Remedies cumulative.
The city council declares that the remedies set forth in PMC 12.08.160 and 12.08.170 are intended as cumulative remedies. [1937 Code § 377.]
For statutory provisions regarding encroachments on public property or public ways, see Government Code § 38775.