Chapter 12.16
PERMANENT OBSTRUCTION OF STREETS AND SIDEWALKS
Sections:
12.16.010 Permanent obstruction – Permit required.
12.16.020 Permanent obstruction – Application.
12.16.030 Permanent obstruction – Removal – Generally.
12.16.040 Permanent obstruction – Removal – Notice service.
12.16.060 Trees and shrubs exempted when.
12.16.010 Permanent obstruction – Permit required.
No person shall place or replace or cause to be placed or replaced anywhere upon any public street, way, alley or sidewalk within the city any telephone or power pole or any lamppost, drinking fountain, hitching post, hitching rack, gasoline pump, oil pump or other permanent obstruction, without first applying to and receiving from the city council a permit therefor in the manner set forth in this chapter. [1937 Code § 418.]
12.16.020 Permanent obstruction – Application.
Any person desiring to place or replace upon any street, way, alley or sidewalk within the city any permanent obstruction of any kind shall file with the city council a written application for permission so to do. The application shall state clearly and definitely the place or places where the proposed obstruction or obstructions are desired to be placed, and shall contain a sufficient description of the contemplated obstruction or obstructions to enable the city council to understand the nature and dimensions of the same. The city council shall thereafter consider such application and shall either grant or refuse the permission applied for, as the one course or the other shall, in their judgment, best safeguard the public interest and conduce to public safety. Any permits that may be granted under the provisions of this chapter shall be signed by the city manager and shall specify in detail the obstruction or obstructions permitted thereby and the place or places where the same shall be located. Such permits shall also contain appropriate conditions regarding the filling of holes in the earth and the repairing of damages to concrete and other damages incident to placing and removing such obstructions. [1937 Code § 419.]
12.16.030 Permanent obstruction – Removal – Generally.
Any obstructions that may be placed or replaced on any street, way, alley or sidewalk of the city in accordance with the provisions of this chapter, and any such obstructions now existing, though permanent in character, shall nevertheless be subject to removal upon the order of the city council upon a 30 days’ notice. Any permits for obstructions that may be issued under the provisions of this chapter shall specify that the permission granted thereby may be revoked upon a 30 days’ notice from the city council. Any person maintaining any obstruction upon any street, way, alley or sidewalk in the city, under the provisions of this chapter or otherwise, shall remove such obstruction upon receiving from the city council a 30 days’ notice so to do. [1937 Code § 420.]
12.16.040 Permanent obstruction – Removal – Notice service.
The notice provided for in this chapter shall be served as follows: A copy of such notice shall be personally served upon the person maintaining the obstruction in question and upon the owner of the property in front of which the obstruction is maintained, if such persons can be found within the city. In the event that a person to be served with such notice cannot be found in the city, the notice shall be served as follows: By mailing a copy thereof, postage prepaid, directed to such person at his last known place of residence, and by publishing the notice in two successive issues of a local newspaper of general circulation. The period of 30 days herein specified shall begin to run upon the personal service of such notice, if served personally, otherwise upon the mailing and first publication thereof. [1937 Code § 421.]
12.16.050 City’s rights.
Nothing in this chapter contained shall be construed as a restriction upon the power of the city to place such street lights, traffic signs, fire hydrants or other obstructions on the streets and sidewalks of the city as may be necessary for the proper performance of the municipal functions of the city. [1937 Code § 422.]
12.16.060 Trees and shrubs exempted when.
Nothing in this chapter contained shall be construed as applying to trees or shrubs in spaces between sidewalk and curb line, or other spaces devoted to park purposes. [1937 Code § 423.]