Chapter 17.16
ENCROACHMENTS ON PUBLIC STREETS AND PROPERTY
Sections:
17.16.010 Prior written approval of City Council required.
17.16.020 Certain permits issued directly by Director of Community Development or designee.
17.16.040 Relocation or removal of encroachment.
17.16.060 Maintenance of encroachments.
17.16.070 Permits for excavations in recently paved streets.
17.16.080 Emergency utility excavations.
17.16.090 Performance security.
17.16.100 Penalty for violation.
17.16.010 Prior written approval of City Council required.
Except as provided in SMC 17.16.020, it is unlawful without prior written approval of the City Council for any person, firm, partnership, association or corporation to place, construct or erect, or permit or authorize to be placed, constructed or erected, any fence, wall, trellis work, any garage, runway, ramp, building or other structure, or any portion of any garage, runway, ramp, building or other structure of any kind, nature or description whatsoever, on any public street area, easement, square, park, place, ground or any other public property, regardless of whether such public property is or is not surfaced or otherwise improved. [Ord. 1073 § 1, 1991; Ord. 968 § 11, 1980; Ord. 503 § 1, 1957.]
17.16.020 Certain permits issued directly by Director of Community Development or designee.
For the purpose of this section, “encroachment” is defined to include, by way of example, any utility, stairs on grade, sidewalk, curb and gutter, newspaper vending machine, garbage can, street excavation, installation and maintenance of landscaping, installation and maintenance of driveways with cuts or fills of less than six feet and concrete or asphalt surfacing, any dining table and/or chair and any device or structure intentionally placed within the public right-of-way. An encroachment for any dining table and/or chair, utilities, stairs on grade, sidewalks, curbs and gutters, newspaper vending machines, garbage cans, street excavations, installation and maintenance of landscaping, installation and maintenance of driveways with cuts or fills of less than six feet and concrete or asphalt surfacing shall not require approval of the City Council but shall be allowed only with the prior approval of the Director of Community Development or his or her designee and the issuance of an encroachment permit. Any such permit issued by the Director of Community Development shall be issued upon the condition that the encroachment conform with the standard conditions approved by resolution of the City Council, any special conditions imposed by the Community Development Department deemed necessary to protect the City’s interests and to assure public safety and welfare, the provisions of this chapter and all other provisions of applicable City and State laws. No such permit shall be valid until signed by both the Director of Community Development and the permittee, and a copy is placed on file with the Community Development Department. [Ord. 1101 § 2, 1994; Ord. 1073 § 1, 1991; Ord. 1054 § 8, 1990; Ord. 503 § 2, 1957.]
17.16.030 Permit fee.
A fee is hereby imposed upon all encroachment permits issued pursuant to this chapter. The amount of the fee shall be established by resolution of the City Council adopted from time to time. No encroachment permit shall be valid until the established fee has been paid. [Ord. 1073 § 1, 1991.]
17.16.040 Relocation or removal of encroachment.
In the event of the future improvement of a street or other City property which would necessitate the removal or relocation of an encroachment, the permittee shall relocate or remove the same at his sole expense. [Ord. 1073 § 1, 1991.]
17.16.050 Revocation.
Permits shall be revocable without cause upon 30 days’ written notice, and the encroachment must be removed as may be specified in the written notice, at permittee’s cost, within the time specified in the notice. [Ord. 1073 § 1, 1991.]
17.16.060 Maintenance of encroachments.
The permittee or any successors in interest shall be responsible for maintenance and repair of any encroachment for which a permit has been issued by the City, and for maintenance and repair of any City property which may be required by reason of the existence of the encroachments. [Ord. 1073 § 1, 1991.]
17.16.070 Permits for excavations in recently paved streets.
Permits to excavate in a street that has been paved with one-inch or greater thickness will not normally be issued within five years after the paving has been completed. Utilities shall determine alternate methods for making repairs to avoid excavating recently paved streets. The following conditions may warrant exceptional consideration for excavations of recently paved streets:
A. An emergency condition which endangers life or property.
B. An unavoidable interruption of utility service.
C. Work that has been mandated by City, County, State or Federal legislation.
D. Service for buildings where no other reasonable means of providing service exists. [Ord. 1073 § 1, 1991.]
17.16.080 Emergency utility excavations.
Emergency excavations may be made in City streets, prior to obtaining a permit, when a utility service has been interrupted which has caused life or property to become endangered during weekends, holidays, or between the hours of 5:00 p.m. and 8:00 a.m. on regular workdays. If an emergency excavation is made, application for a permit shall be made on the next working day. [Ord. 1073 § 1, 1991.]
17.16.090 Performance security.
A security to guarantee performance of any encroachment permit involving work or construction on City streets, sidewalks, curbs and gutters or other property or improvements maintained by the City shall be required by the Public Works Director in an amount not to exceed 100 percent of the estimated cost of the work proposed to be done under the permit. [Ord. 1073 § 1, 1991.]
17.16.100 Penalty for violation.
The violation of any provision of this chapter shall be an infraction. Nothing contained in this chapter shall be construed to limit the power of the City to use all other legal or equitable remedies against any person who may violate any term or provision of this chapter. [Ord. 1073 § 1, 1991.]