No person shall place, construct, deposit, occupy, excavate earth or other material or remove any temporary or fixed object of any kind which is located in City property, City rights-of-way, or City easements, or otherwise interfere with the convenient use of the same unless and until an encroachment permit therefor has been obtained pursuant to this chapter.
(Ord. 211 § 1, 1977)
A. 
Application for a permit to encroach on City-owned or City-controlled property shall be made by and in the name of the owner or of a person lawfully entitled to make application for the permit.
B. 
The application shall set forth the name and address of the applicant, the nature, and description of the proposed encroachment, the location and description of the City-owned or City-controlled property proposed to be encroached upon, the nature of the applicant's interest in and the location and legal description of the property in connection with which the permit is sought to be obtained, the reasons for the application, such other information, including plats, plans and specifications, as may be required by the Director of Public Works. No right, title or interest in any property owned by the City shall vest or accrue by reason of the issuance of such permit or exercise of the privileges given thereby.
C. 
The application shall be filed with the Director of Public Works. The Director of Public Works is empowered, in the exercise of his or her direction, to deny or withhold approval of a permit applied for if, in his or her sound judgment, exercise of the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety, or convenience. The Director of Public Works may approve the application either as submitted, or subject to such terms and conditions as he or she shall consider necessary for executing the work covered under this encroachment permit.
(Ord. 211 § 2, 1977)
Every applicant for a permit to encroach on City-owned or controlled property shall pay a fee in an amount which may from time to time be set by the City Council by resolution.
(Ord. 234, 1978)
If approved, each permit shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit shall be deemed to transfer any right, title or interest of the City, except as provided in Section 12.16.060. The City may cancel a permit at any time and thereby terminate encroachment privileges. All such encroachment permits shall be subject to the general provisions attached to the permit, marked Exhibit A, which can be found in the City Clerk's office, and is incorporated in this chapter and by this reference as though set forth at length.
(Ord. 211 § 3, 1977)
Failure, neglect or refusal to remove an unauthorized encroachment within 10 days after notice by the City shall constitute an infraction punishable by a fine as set forth in California Government Code Section 36900 and, as a cumulative remedy, the City may remove, or cause to be removed, such encroachment and collect the entire cost and expense thereof from the person responsible therefor, or by appropriate action in court may compel removal or abatement of the encroachment and such reasonable attorney fees as may be fixed by the court.
(Ord. 211 § 4, 1977)
An applicant may appeal a decision or determination of the Director of Public Works to the City Council as provided in this section. An appeal must be made in writing not later than 10 days from the date of the refusal of the Director of Public Works to issue an encroachment permit, or to the special conditions which are inserted in the encroachment permit which is issued by the City, and shall be filed with the City Clerk. The City Clerk shall set a date for hearing at a regular or special meeting of the City Council not more than 30 days from the date of the filing of the appeal. The hearing before the City Council shall be informal and technical rules of evidence shall not apply. At the conclusion of such hearing the City Council shall affirm, modify and affirm, or revise the determination or decision of the Director of Public Works. The decision of the City Council shall be final and binding on all parties and shall be adopted by resolution.
(Ord. 211 § 6, 1977)
All encroachments in the nature of public improvements, including, but not limited to, sidewalks, curbs, driveways, gutters, and drains, upon satisfactory completion in accordance with the encroachment permit and in accordance with plans and specifications approved by the Director of Public Works, shall be deemed to be dedicated to the City.
(Ord. 211 § 5, 1977)