Chapter 12.32
ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY
Sections:
12.32.010 Encroachment into the public right-of-way – Definition.
12.32.020 Encroachment permits.
12.32.030 Administration of encroachment permits.
12.32.040 Rights not conveyed.
12.32.010 Encroachment into the public right-of-way – Definition.
An “encroachment into the public right-of-way” is defined as any intrusion, irrespective of height or size, into a sidewalk, street, or other public right-of-way and includes, but is not limited to, fill material, retaining walls, rockeries, plants either deliberately planted or growing from adjacent property, or any other material or structures. (Ord. 1222 § 1, 2007).
12.32.020 Encroachment permits.
An encroachment into a public right-of-way is not allowed without an encroachment permit issued by the city. An encroachment permit shall not be granted when any of the following conditions are present:
A. The city has a planned project in the adopted TIP or CIP to utilize the portion of the ROW in which the encroachment is proposed;
B. The proposed encroachment would create an immediate sight distance obstruction at intersections, or, if in the case of flora, could reasonably grow into a sight distance obstruction or other obstruction;
C. Utility lines near the proposed obstruction would render maintenance of the utility lines more difficult;
D. The proposed encroachment is not compatible with the surrounding neighborhood as determined by the director of planning and community development;
E. The proposed encroachment would create a public nuisance;
F. The proposed encroachment would create a safety hazard to motorists, bicyclists, or pedestrians;
G. The proposed encroachment would obstruct the maintenance of public roads, shoulders, and/or stormwater systems or otherwise increase the cost to maintain those city improvements; or
H. The proposed encroachment would be within five feet of a roadway surface. (Ord. 1222 § 1, 2007).
12.32.030 Administration of encroachment permits.
The mayor is authorized and directed to develop policies, procedures and forms consistent with the intent of this chapter, including an encroachment application and permitting process. Any encroachment permit issued by the city shall include provisions for the following:
A. Specify the type and location of materials, plants, or structures allowed in the right-of-way;
B. Specify the rights and responsibilities of the city and the adjacent land owner for maintenance and eventual removal of the encroachment;
C. Make provisions for future access to the right-of-way for utilities, drainage, vehicles, and pedestrians;
D. Protect the public health and safety;
E. State that the city shall be entitled to revoke an encroachment permit and that the property owner shall return the property to the same or better condition than existed prior to the encroachment;
F. A hold harmless agreement and certificate of insurance indemnifying the city; and
G. Other criteria deemed necessary by the mayor or his designee. (Ord. 1222 § 1, 2007).
12.32.040 Rights not conveyed.
An encroachment permit shall not constitute a surrender by the city of any property rights to the right-of-way. (Ord. 1222 § 1, 2007).
12.32.050 Permit fee.
A nonrefundable application review fee of $35.00 shall be charged for each encroachment permit application, regardless of whether the permit is granted or not. (Ord. 1222 § 1, 2007).