Chapter 8.10
EMERGENCY ENCROACHMENTS OF DISTRICT EASEMENTS

Sections:

8.10.010    Granting emergency encroachments.

8.10.010 Granting emergency encroachments.

(1) A term-limited, temporary encroachment to a District permanent utility easement may be granted to a property owner only for public health and safety purposes, and only under the following conditions:

(A) There is no alternative site available, as determined by District staff; and

(B) The District can adequately manage any water or sewer issues in the area of the encroachment over a 48-hour time frame or until the encroachment can be removed; and

(C) The encroachment can and will be removed by the property owner within 24 hours’ notice from the District; and

(D) The property owner agrees to hold the District harmless from any damages or costs that may be incurred by the District to respond to any water or sewer issues during the period of the encroachment to the District’s utility easement; and

(E) The property owner provides notice of the date the encroachment; and

(F) The property owner provides notice of the date the encroachment is removed; and

(G) An agreement is made between the property owner and the District that addresses all of these requirements.

(2) A term-limited, temporary encroachment to a District permanent utility easement shall not be granted to a property owner for school portables, temporary construction trailers, or temporary offices as these are not considered public health and safety-related purposes. [Amended during 2016 codification; Res. 2507 §§ 1, 2, 2007].