The provisions of this article apply to any temporary encroachment
within the street right-of-way for storage of construction materials
which is limited to a period not to exceed thirty consecutive calendar
days.
(Prior code § 7109.01)
When a building permit is required under Title 15 of this code
for the construction of a swimming pool, the applicant shall first
apply for a temporary encroachment permit. The city engineer shall
notify the chief building official when the temporary encroachment
permit has been issued.
(Prior code § 7109.02)
The temporary encroachment permit shall specify the time and
manner in which encroachments will be allowed and all restrictions
and safety measures required to protect the public health, safety
and welfare.
(Prior code § 7109.03)
If any of the provisions of the permit are violated, the city engineer shall immediately take all actions necessary to protect the public health, safety and welfare. The city engineer shall keep an accurate record of the cost of such actions, and such costs shall be deducted from the deposit required in Section
12.12.250 of this title. If such costs are in excess of the required deposit, the city engineer shall notify the permittee, in writing, of such amounts that are required, and the permit shall be suspended until the permittee has deposited with the city engineer the required amount to once again establish the deposit required by Section
12.12.250. The city engineer shall also notify the chief building official of the city of any suspension of the temporary encroachment permit.
(Prior code § 7109.04)
Note: Prior code history: Prior code §§ 7109.05—7109.20.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context or the provision clearly requires otherwise:
"Abandoned newsrack"
shall mean any newsrack which contains no printed material
supplied by the newsrack permittee for fourteen consecutive calendar
days, except that a newsrack remaining empty due to a labor strike
or any temporary and extraordinary interruption of distribution or
publication by the newspaper or other publication distributed from
that newsrack shall not be deemed abandoned.
"Director"
shall mean the director of public works.
"Newsrack encasement"
means a city owned and maintained, modular receptacle inside
which one or more privately owned newsracks may be placed. The newsrack
encasement shall be large enough to accommodate a newsrack, which
complies with the standards of this article, be permanently affixed
to the ground or the side of a wall or other structure and be of a
design which is architecturally compatible with the surrounding area.
"Public right-of-way,"
for purposes of this article, means a right-of-way owned
by the city or any other public entity or public utility.
"Sidewalk,"
for purposes of this article, means that portion of a highway,
other than the roadway, set apart by curbs, barriers, markings or
other delineation for pedestrian travel.
"Street"
has the same meaning as that term is defined in Section
12.04.240 of this code.
(Ord. 1109 § 2, 2017)
No person shall place or cause to be placed a newsrack on public
right-of-way unless such person obtains a newsrack permit and complies
with all requirements of this article.
(Ord. 1109 § 2, 2017)
Notice Required. Before any newsrack is removed, the owner shall
be provided notice of the violation and intent to remove the newsrack.
Written notice by first class mail to the address shown on the newsrack
permit shall constitute adequate notice. If no newsrack permit can
be found for the newsrack, posting of the notice on the newsrack alone
shall be sufficient. The notice shall list the code sections violated
and shall provide the owner fourteen days from the date of the notice
to remedy the violation or file a request for reconsideration. The
notice shall state the address and location to file an appeal of the
notice of violation.
(Ord. 1109 § 2, 2017)
Provided they are not determined to be a danger or hazard to
the public safety, health or general welfare, every newsrack within
the city which does not comply with the provisions of this article,
shall be removed or otherwise brought into conformance within ninety
days of the effective date of the ordinance codified in this article.
(Ord. 1109 § 2, 2017)
Abandoned newsracks or any newsrack not authorized by a newsrack permit are deemed to be in violation of this article and may be removed by the city as provided in Section
12.32.140.
(Ord. 1109 § 2, 2017)
Any newsrack in violation of this article shall constitute a
public nuisance and may be abated in accordance with applicable provisions
of law.
(Ord. 1109 § 2, 2017)
Any person who violates any provision of this article, or fails to comply with any obligation or requirement of this article, or who fails to comply with any order or notice issued pursuant to the provisions of this article, is guilty of a misdemeanor punishable in accordance with Section
1.20.010 of this code.
(Ord. 1109 § 2, 2017)