Chapter 4.60
MAINTAINING ACCESS TO DISTRICT EASEMENTS
Sections:
4.60.020 Maintenance performance.
4.60.030 Access to District assets.
4.60.050 Encroachment removal.
4.60.010 Applicability.
This policy applies to District staff and contractors assigned to easement maintenance and to property owners that own property containing a District easement or abutting a District easement. [Res. 2727 (Exh. A), 2020].
4.60.020 Maintenance performance.
District easement maintenance will be performed by District staff and outside contractors for:
(1) Easements that were granted to the District.
(2) Properties that the District has granted an easement to a property owner where the owner has not maintained the easement in compliance with the terms of the easement. [Res. 2727 (Exh. A § 1), 2020].
4.60.030 Access to District assets.
District easements will be regularly maintained to provide clear, unimpeded access to District assets.
(1) Easement maintenance staff or contractors will:
(A) Inspect District easements for the location and type of work needed to maintain the easement.
(B) Remove items that impede or restrict access to and/or use of District easements, which may include but not be limited to trees, shrubs, and woody vegetation.
(C) Conduct surveying, routine mowing and brush-hogging. [Res. 2727 (Exh. A § 2), 2020].
4.60.040 Notification.
Owners of property containing a District easement will be notified prior to clearing of the easement.
(1) Easement maintenance staff will:
(A) Identify properties containing District easements.
(B) Review the particulars of each individual easement.
(C) Provide the property owner with instructions to access easement documents and notification when the scheduled maintenance activities will occur.
(2) Situations when the property owner may not receive notification, or will receive notification on site:
(A) Property owner is not affected by easement work.
(B) In the case of emergencies such as sewage spills, water main breaks, or imminent system failures.
(C) Or when unforeseen circumstances require clearing an easement without notification. [Res. 2727 (Exh. A § 3), 2020].
4.60.050 Encroachment removal.
Encroachments will be removed from District easements.
(1) When an encroachment has been identified as restricting or inhibiting District maintenance and repair of the water or wastewater delivery system or in noncompliance with the terms of the easement:
(A) The property owner will be sent a letter via certified and regular mail requesting they remove the encroachment at their own expense.
(B) The property owner will be provided a time frame to remove the encroachment.
(C) The District may remove the encroachment without notice after the time frame has expired.
(D) The property owner may be billed for the District’s costs to remove the encroachment.
(i) If the property owner fails to reimburse the District for the billed encroachment removal costs, the District will file a lien against the property for the unreimbursed costs.
(2) Examples of encroachments include, but are not limited to:
(A) Physical improvements such as: sheds, fences, gates, retaining walls, pools, patios or decks, driveways, and sport courts.
(B) Trees, significant plantings, vegetation, or debris.
(C) Portable buildings, construction trailers, or temporary offices.
(3) When there is a dispute as to the existence, location, or extent of a District easement, District staff may:
(A) Consult with the District’s legal counsel.
(B) Have the easement location identified and confirmed by a licensed land surveyor. [Res. 2727 (Exh. A § 4), 2020].
4.60.060 Emergencies.
In the case of emergency situations encroachments will be removed immediately.
(1) The property owner may not receive prior notice in the case of emergencies such as sewage spills, water main breaks or imminent system failure.
(2) The property owner will be billed for the District’s costs to remove the encroachment.
(A) If the property owner fails to reimburse the District for the billed encroachment removal costs, the District will file a lien against the property for the unreimbursed costs. [Res. 2727 (Exh. A § 5), 2020].
4.60.070 Notice.
Easement staff and contractors will access easements across private property that is not part of the easement only after giving notice.
(1) Staff or contractors will not enter private property without a written “Right of Entry” signed by the property owner or tenant.
(2) Exceptions to the “Right of Entry” requirement may be allowed as follows:
(A) In the case of emergencies such as sewage spills, water main breaks, or imminent system failure where the owner cannot be reached at the time of the emergency; or
(B) When the right to access is established by easement document or other agreement; or
(C) When access is available through routes normally accessible to the general traveling public such as parking lots, driveways, etc.;
(D) District contractors may not enter onto private property without District staff authorization.
(3) In the event of an emergency exception to the “Right of Entry” requirement as described in subsection (2) of this section, easement staff will provide prompt notice, and if possible advance notice, to the Board President, General Manager and District Counsel. [Res. 2727 (Exh. A § 6), 2020].