[§ 3, Ord. 869-91, eff. December 19, 1991; § 1, Ord. 1075-08, eff. October 2, 2008]
No person or entity, unless exempted under the provisions of § 4-9.102, shall encroach, obstruct, or cause any encroachment to be placed upon, in, under or over any public street, alley, sidewalk, parkway, or other public property without a permit issued under the provisions of this chapter. As used herein, an encroachment shall mean any material object, regardless of whether it is affixed to or touching the ground, which is in whole or part on, over or under a portion of a public street, alley or other public property.
[§ 3, Ord. 869-91, eff. December 19, 1991; § 2, Ord. 1075-08, eff. October 2, 2008]
The following shall be exempt from the provisions of § 4-9.101:
(a) 
Newsracks for which a permit has been issued under Article 2 of Title 4, Chapter 4-9.
(b) 
Public utilities which have an existing easement for utility service.
(c) 
Minor temporary obstructions consisting of a movable ladder and similar equipment used by an owner or tenant of residential or commercial property to perform maintenance activities, provided the maintenance activity will be performed in three hours or less. The exemption does not include construction activities.
(d) 
On Eucalyptus Avenue only, minor temporary obstructions consisting of tables, chairs, barbeque grills and similar items used for social gatherings which meet all of the following requirements:
(1) 
The social gathering is limited to the area in front of a house lawfully owned or occupied by the person sponsoring the gathering and the placement of the above-listed items extends across no more than 1/3 of the width of the paved area;
(2) 
The use of Eucalyptus Avenue for the social gathering ends by 10:00 p.m. on the same day it begins; and
(3) 
The homeowner lists the City as an additional insured under its homeowner liability insurance and provide a certificate of same to City prior to the social gathering;
(e) 
On all streets in the City, use of the public street in front of the house or building lawfully occupied or owned by the user and immediately adjacent to the sidewalk for placement and use of a movable barbeque grill, provided the barbeque grill is removed no later than 9:00 p.m. or darkness, whichever comes first, unless it is still generating heat, in which case it may be permitted to remain longer provided a person at least 18 years or more stands within three feet of the grill at all times until it is removed, and in no event shall the grill be removed later than 10:00 p.m. of the day of use.
(f) 
Wireless facilities in the public right-of-way for which a permit has been issued under Article 3 of Title 4, Chapter 9.
[Added 10-1-2019 by Ord. No. 1176-19; effective 10-31-2019]
[§ 3, Ord. 869-91, eff. December 19, 1991]
An application for a permit shall be filed with the City Manager and shall comply with the following requirements:
(a) 
Completion of a permit application on the form designated by the City and signed by the applicant;
(b) 
Filing of plans and specifications as required by regulations adopted by the City Manager or his designee;
(c) 
Payment of the permit fee prescribed by City Council resolution.
(d) 
Posting of any security bond and/or insurance as required by § 4-9.108 or 4-2.205, as applicable.
[§ 3, Ord. 869-91, eff. December 19, 1991]
The City Manager shall have the authority to act upon and issue permits under the criteria set forth in § 4-9.106 for minor encroachments for objects or materials, including but not limited to ornamentation, flower containers, lighting and other minor encroachments.
[§ 3, Ord. 869-91, eff. December 19, 1991]
City Council approval, upon recommendation of the City Manager, under the criteria set forth in § 4-9.106, shall be required for the following types of encroachments:
(a) 
Encroachments for any permanent structure above, on or beneath the surface.
(b) 
Encroachment upon any public street which closes the street to public use, or which substantially interferes with public use of the street, except parades for which a permit is issued under the provisions of this Code.
(c) 
Any other type of encroachment other than temporary construction activity which does not constitute a minor encroachment.
(d) 
Permits under the criteria set forth in § 4-9.202 and 4-9.203 with respect to newspaper dispensing devices.
[§ 3, Ord. 869-91, eff. December 19, 1991]
Encroachment permits may be granted if each of the following criteria are met:
(a) 
The encroachment use is necessary or desirable;
(b) 
The encroachment use does not create a substantial adverse impact on persons or property; and
(c) 
The encroachment use does not adversely affect the public health, welfare and safety.
[§ 3, Ord. 869-91, eff. December 19, 1991]
As a condition of issuance of any permit issued under this chapter, the permittee shall execute a recordable covenant running with the land, in a form approved by the City Attorney, surrendering possession of the encroachment structure, releasing the City from all claims in the event the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is situated, and agreeing to indemnify and to hold the City harmless from all liability and damages and from all costs of suit, including attorneys' fees, arising from the encroachment. In addition, such conditions may be imposed on any permit as deemed necessary to protect the City, persons, property, or the public health, safety and welfare.
[§ 3, Ord. 869-91, eff. December 19, 1991]
Upon issuance of a permit under this chapter, the permittee shall post and at all times while the permit is in effect, maintain a security bond and insurance as required by the provisions of this chapter.
(a) 
The amount of the bond shall be designated by the approving authority at the time of approval of the permit, and shall be in an amount sufficient for the removal of the encroachment in the event the permittee fails to comply with the conditions of the encroachment permit. The bond requirement may be waived where it is determined that any injury to the City from the existence of the encroachment is minimal. Any security bond required may be cash, or cash equivalent security approved by the City Attorney and the City Manager, or a bond in a form approved by the City Attorney.
(b) 
The amount of insurance shall be designated by the approving authority at the time of approval of the permit, and shall be in an amount which is determined to be sufficient to adequately protect the City, persons and property for injuries or damages which may be caused by the encroachment. The insurance requirement may be waived where risk is deemed to be minimal, and the encroachment has aesthetic value to the City.
[§ 3, Ord. 869-91, eff. December 19, 1991]
The term of an encroachment permit issued pursuant to § 4-9.104 shall not exceed five years and shall be revocable upon 30 days' written notice to the permittee. Newspaper dispensing racks shall be renewed upon request by the permittee to the City Manager, upon a finding by the City Manager that the criteria set forth in § 4-9.202 are met.
The term of an encroachment permit issued under § 4-9.105 shall be determined by the City Council at the time of approval of the permit.
[§ 3, Ord. 869-91, eff. December 19, 1991]
Upon failure of the permittee to remove an encroachment upon expiration thereof or upon failure to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment, or take such other action as reasonably necessary. The permittee shall be liable for all costs incurred by the City for such action. Prior to removal of the encroachment by the City, the City shall give notice to the permittee and, upon written request by the permittee within 15 days of such notice, a hearing will be held before the City Manager to determine whether the City will remove the encroachment.
[§ 3, Ord. 869-91, eff. December 19, 1991]
The permit applicant, or any person adversely affected by the decision of the City Manager in granting or denying a permit under § 4-9.104 may appeal to the City Council in accordance with the provisions of Chapter 1-4, Title 1 of this Code.
[§ 3, Ord. 869-91, eff. December 19, 1991]
The City Manager is authorized and empowered to issue rules and regulations for implementation of the provisions of this chapter, and upon issuance all persons shall comply with such rules and regulations.
[§ 1, Ord. 785, eff. November 20, 1985; § 2, Ord. 869-91, eff. December 19, 1991]
It shall be unlawful for any person to enter upon any portion of City property, whether within a building or outdoors, where there is a sign posted prohibiting entry by members of the public, unless such person is accompanied by a City officer or employee. No person shall open, enter or review the contents of any documents or material located in any file cabinet, drawer, desk drawer, shelf or table located in any City building without the permission in the presence of a City employee.