Chapter 14.04 ENCROACHMENTS

Chapter 14.04
ENCROACHMENTS

Sections:

14.04.010 Conditions of license.

The City Council shall have authority to issue license to occupy public property, including rights-of-way, subject to the following conditions:

(1) The Council shall find that the occupation of the public property or right-of-way shall not constitute unreasonable obstruction for public use at the time the license is granted;

(2) A property owner receiving the license shall assume all liability arising from use of the public rights-of-way or public properties;

(3) All licenses issued under this chapter shall be subject to revocation without cause after 90 days’ written notice by the City to the licensee;

(4) All licenses issued under this chapter may be revoked for failure to comply with the terms of the license, after the City has given the licensee 10 days’ notice or revocation. (Ord. 3079 § 1, 1963).

14.04.020 Limitations.

Any license issued under this chapter shall include any terms or conditions deemed to be in the public interest within the following limits:

(1) No encroachment onto any existing public sidewalk shall exceed five inches;

(2) In areas where no sidewalks are existing at the time the license shall be granted, the encroachment shall not extend over the established curb line of the street;

(3) No encroachment into a public alley shall exceed four feet. (Ord. 3079 § 2, 1963).

14.04.030 Notices.

All notices provided to be given in this chapter shall be in writing addressed to the licensee as his/her address appears at the assessor’s records of the county in which the property is located. For the purpose of this chapter only, a license issued hereunder shall be to the owner of the property abutting the proposed encroachment upon public way and the license shall be one that runs with the land and the obligations of this chapter and the conditions of license shall attach to the land and succeed to each owner of the land abutting the encroachment. (Ord. 5026 § 1, 1993; Ord. 3079 § 3, 1963).

14.04.040 Liens.

Upon notice to remove an encroaching structure from public rights-of-way or public property, the licensee shall remove the encroachment within 10 days after receipt of notice. In the event the licensee shall fail to remove the encroachment within 10 days after receipt of notice, the City shall have the authority to remove the encroachment and the cost of removal shall become a lien against the real property abutting the encroachment. The lien so created shall be subject to foreclosure pursuant to the foreclosure laws of the State in the same manner as foreclosure of mechanic’s liens. (Ord. 3079 § 4, 1963).