[Ord. No. 2081, Enacted, 12-7-1993; Ord. No. 2688, Amended, 12-1-2015; Ord. No. 2830, Amended, 10-1-2019]
1. 
Permit Required for Encroachment in Public Rights-of-Way/Easements. It shall be unlawful for any person to erect or cause to be erected any structure or to place or maintain any vegetation, including hedges, or landscaping materials in, over or upon any dedicated public right-of-way or easement without having first obtained a revocable permit from the City Manager or designee authorizing such action.
2. 
Application and Fee Required.
a. 
Any person desiring to locate an encroachment within the public right-of-way/easement as declared in subsection (1) of this section shall submit an application to the City Manager or designee. The application shall include a description of the proposed encroachment; a scale drawing illustrating the nature and extent of the proposed encroachment and its relationship to adjoining properties. The City Manager or designee may require an actual survey to determine the exact location of any public or private improvements or significant vegetation.
b. 
The application shall be accompanied by a petition indicating the extent of support for the proposed encroachment by owners/occupants of property within 200 linear feet in each direction along the rightof-way/easement.
c. 
A fee in the amount established by resolution of the City Council shall be paid at the time of the application.
3. 
Review of Application.
The City Manager or designee shall conduct a review of the application for a right-of-way/easement encroachment permit to determine its compliance with the standards contained in LOC § 42.18.1030 and shall request comments from affected City agencies regarding the impact of the proposed encroachment.
[Ord. No. 2081, Enacted, 12-7-1993; Ord. No. 2225, Amended, 2-1-2000; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2830, Amended, 10-1-2019]
1. 
Certain encroachments are exempt from the requirements of LOC § 42.18.1010. Exempt encroachments are those which would have a minor impact on the present or planned use of the public right-ofway/easement and those which are expressly permitted by Code. Except as provided by subsection (2) of this section, exempt encroachments are:
a. 
Mailboxes and their enclosing structures subject to Post Office regulations.
b. 
Irrigation and low voltage illumination.
c. 
Temporary signs and banners with an approved permit per LOC § 47.08.305.
d. 
Newspaper vending machines provided they do not obstruct pedestrian movement.
e. 
Guard/handrails along edges of driveway approaches, walks, stairs, etc.
f. 
Lawns, plants (except hedges) and approved street trees that do not obstruct visibility for pedestrians, bicyclists and motorists.
g. 
Awnings and building projections in commercial areas in conformance with LOC Chapter 45.
2. 
The encroachments described in subsection (1) of this section shall not be exempt if they create a line of sight traffic hazard or conflict with federal Americans with Disabilities requirements.
[Ord. No. 2081, Enacted, 12-7-1993]
The City Manager or designee may approve, modify or deny the application for an encroachment permit. Notice of the decision shall be sent to the applicant and owners/occupants of property within 200 linear feet in either direction of the encroachment.
[Ord. No. 2081, Enacted, 12-7-1993; Ord. No. 2207, Amended, 7-20-1999]
1. 
An applicant or affected owner/occupant of property within 200 linear feet of the proposed encroachment may appeal the decision of the City Manager or designee.
2. 
An appeal must be filed with the City Recorder within 15 days of the date of the decision stating the basis for the appeal and shall be accompanied by a fee in an amount established by resolution of the City Council.
3. 
The Transportation Advisory Board shall conduct a public hearing on the appeal providing the appellant and any other affected party a reasonable opportunity to be heard in order to show cause why the decision of the City Manager or designee should be reversed or modified. Notice of the public hearing shall be sent to the applicant, appellant, and owners/occupants of property within 200 linear feet of the proposed encroachment. At the conclusion of the public hearing the Transportation Advisory Board shall make a final determination in the matter pursuant to the standards contained in LOC § 42.18.1030.
[Ord. No. 2081, Enacted, 12-7-1993; Ord. No. 2830, Amended, 10-1-2019; Ord. No. 2890, Amended, 3-17-2022; Amended, 11-19-2024 by Ord. No. 2948]
The City Manager or designee may approve the issuance of a permit for encroachment within the right-of-way or easement where compliance with the following standards can be demonstrated or specific findings are made that the standard is not applicable. The City Manager or designee may attach any conditions to the issuance of the permit that are reasonably related to ensuring compliance with this section, other applicable City codes and ordinances, and to protect the public interest.
1. 
Standards for Approval.
a. 
A minimum of three ft. of clearance shall be maintained on all sides of fire hydrants.
b. 
Clearances to water meters shall be one ft. behind and two ft. from the sides measured from the outside edges of the box. The applicant shall pay for meter relocation if this standard cannot be met.
c. 
Clearance to public infrastructure, such as manholes, underground pipelines (sewers, water mains), and stormwater structures, shall be 7 1/2 ft., as measured from:
i. 
The center of the pipe or manhole, or
ii. 
The near edge of a structure other than a pipe or manhole.
d. 
Clearances to underground utilities such as power, telephone, cable TV, and natural gas as well as any required limitations on fill, landscape materials, or structures placed over those facilities shall be provided in writing by the affected utilities. Conditions requested by the utility providers shall be incorporated into the permit.
e. 
Proposed encroachments shall not prevent access to, cover, or block the flow of water to or into catch basins, ditches, or swales, and shall not otherwise alter the natural drainage pattern or adversely affect adjacent property. Where drainage is involved, the City Manager or their designee may set specific requirements.
f. 
Where the adjacent street has been fully improved to its planned dimension with associated curbs, sidewalks, utilities and street trees, an encroachment may be permitted between the property line and the back edge of sidewalk provided there is a 1 foot minimum clearance between the proposed encroachment and the back edge of the sidewalk and all other clearance standards have been met.
g. 
Sufficient room for off-street parking and pedestrian travel shall be maintained and the encroachment shall not result in a loss of area needed for parking, vehicular maneuvering, or pedestrian travel.
2. 
Conditions.
a. 
When the City Manager or designee determines that permitting the requested encroachment may subject the City to potential liability, a condition of permit issuance shall be the filing with the City Recorder of a policy of insurance and form of policy issued by an insurance company licensed to do business in the State of Oregon. The policy shall protect the City, its officers, agents, and employees, and the abutting property owners, lessees and tenants from any and all claims for injury or damage to persons or property that might result from the placing and/or maintenance of the permitted encroachment. The amount of the insurance policy shall be at least the limits of public body liability under the Oregon Tort Claims Act. The policy shall also contain a provision that the City recorder shall be notified at least 10 days prior to any cancellation of such insurance. The permittee shall maintain the insurance for the term of the permit issued. Failure to maintain the insurance shall result in automatic revocation of the permit.
b. 
The City Manager or designee may place a time limit on the proposed encroachment as a condition of permit approval.
c. 
To ensure that right-of-way/easement encroachments do not contribute to visual blight or create a safety hazard, conditions of permit approval may include a requirement that the encroachment be appropriately maintained.
[Ord. No. 2081, Enacted, 12-7-1993]
Approved encroachment permits shall be recorded against the title of the benefiting property and the costs of such recording shall be paid by the applicant.
[Ord. No. 2081, Enacted, 12-7-1993]
All right-of-way/easement encroachment permits shall be revocable by the City at any time such revocation would be in the public interest. No grant of any permit, expenditure of money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of an encroachment or to any damages or claims against the City arising from a revocation.
Any permit issued under this section shall be automatically revoked if the permittee fails to begin installation of the allowed encroachment within 60 days after issuance of the permit unless an extension is requested prior to the expiration of the 60 day period.
[Ord. No. 2081, Enacted, 12-7-1993]
Upon revocation, the permittee or any successor permittee, shall at the permittee’s own cost remove the permitted encroachment within 30 days after written notice has been provided by the City unless a shorter period is specified in the notice of revocation.
If the permittee does not remove the encroachment and return the right-of-way/easement area to a condition satisfactory to the City Manager or designee, the City shall do so and the permittee shall be personally liable to the City for any and all costs of returning the right-of-way to a satisfactory condition, including the removal of structures and reconstruction of streets and/or pathways which cost shall be imposed as a lien upon the property on the City Lien Docket.
[Ord. No. 2081, Enacted, 12-7-1993]
The permittee shall be liable to any person who is injured or otherwise suffers damage by reason of any encroachment allowed in accordance with the provisions of this section. Furthermore, the permittee shall be liable to the City of Lake Oswego, its officers, agents and employees, for any judgment or expense incurred or paid by the City, its officers, agents or employees, by reason of the existence of an approved right-ofway/easement encroachment.
[Ord. No. 2081, Enacted, 12-7-1993; Ord. No. 2231, Amended, 3-21-2000]
1. 
Installation or maintenance of an encroachment in violation of LOC §§ 42.18.1010 to 42.18.1050 or failure to obtain an encroachment permit as required by LOC §§ 42.18.1010 to 42.18.1050 or to comply with the terms and conditions of an encroachment permit issued thereunder is hereby declared a civil violation subject to enforcement pursuant to LOC §§ 34.04.101 to 34.04.145.
2. 
Installation or maintenance of an encroachment in violation of LOC §§ 42.18.1010 to 42.18.1050 or an encroachment permit issued pursuant to LOC §§ 42.18.1010 to 42.18.1055 is hereby declared to be a public nuisance as defined by LOC § 34.08.400, which may be abated pursuant to LOC §§ 34.08.400 to 34.08.435.