For the purpose of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means land which by conveyance, agreement, easement, dedication,
usage or process of law is dedicated and used for constructing, replacing
or maintaining any water, sewer or public storm drain line.
means:
Going upon, over, under, or using any public property or right-of-way
in such a manner as to prevent, obstruct or interfere with the normal
use of that way, including the performance thereon of any of the following
acts:
Excavating or disturbing the right-of-way or public property,
Erecting or maintaining any post, sign, pole, fence, guard rail,
wall, loading platform, or other structure on or over or under the
right-of-way or public property,
Planting any tree, shrub, grass or other growing thing within
the right-of-way or public property,
Placing or leaving on the right-of-way or public property any
rubbish, brush, earth or other material of any nature whatever,
Constructing, placing, planting or maintaining on, over, under
or within the right-of-way or public property any pathway, sidewalk,
driveway, or other surfacing, any culvert or other surface drainage
or subsurface drainage facility, any pipe, conduit or cable,
Traveling on the right-of-way or public property by any vehicle
or combination of vehicles or object of dimension, weight or other
characteristic prohibited by law without a permit,
Lighting or building a fire,
Constructing, placing, planting or maintaining any structure,
embankment, excavation, tree or other object adjacent to the right-of-way
or public property which causes or will cause an encroachment; or
Going upon, over, under or using any city or public utility
easement or public storm drain ponding area in such a manner as to
prevent, obstruct or interfere with the normal public use of that
easement or public area, including the performance thereon of any
of the following acts:
Excavating or disturbing the public storm drain ponding area,
Placing or leaving on the public storm drain ponding area any
rubbish, brush, earth or other material of any nature whatsoever,
Constructing, replacing, connecting, maintaining any water,
sewer or public storm drain lines within the city or public utility
easement.
means any person that proposes to do work or encroach upon
a right-of-way, public property or public utility easement or public
storm drain ponding area herein defined and has been issued a permit
for such encroachment by the city engineer.
means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated
to the use by the general public or the city.
means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is dedicated and used for the
city required ponding of storm water.
means the full width of the right-of-way of any road, street,
lane or alley used by or for the general public, whether or not those
roads, streets, lanes and alleys have been accepted as and declared
to be part of the city system of public streets, except streets forming
a. part of the state highway system.
means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated
to the use of the general public for street or highway purposes.
(Prior code § 97.01)
Any permit granted under this chapter shall be subject to the
right of the city, or any other person entitled thereto, to use that
part of the public highway for any purpose for which it may be lawfully
used, and no part of the highway shall be unduly obstructed at any
time.
(Prior code § 97.02)
A.
This
chapter shall not apply to any officer or employee of the city in
the discharge of his or her official duties, or to any work being
performed by any person or persons under contract with the city.
B.
This
chapter shall not apply to any obstructions within the right-of way
as of April 2, 1991.
(Prior code § 97.03)
All obstructions existing within the right-of-way as of April
2, 1991 shall be removed pursuant to the following procedures:
A.
Notice
shall be given of violation of this chapter by mailing or delivering
the notice to owners of real property as shown on the latest equalized
assessment roll (or other by utilizing other, more recent assessment
information, if available).
B.
This
notice shall identify the violation and notify the property owner
that removal of the violation must be completed no later than 30 days
from the date of the notice.
C.
Property
owners who fail to comply with this section within the time limits
specified above, shall be sent a second notice. This notice shall
inform the property owner that he or she is in violation of this section
and that if he or she does not comply within 10 days he or she will
be cited and/or the violation will be removed by the city at the property
owner's expense.
D.
Whenever violation of this section would result in an immediate threat to the safety of the citizens of the city, the property owner will be ordered to remove the obstruction immediately. Failure to comply will result in the issuance of a citation and/or the city will remove the obstruction and charge the owner as outlined in Section 12.08.110.
(Prior code § 97.04)
Any person violating any of the provisions of this chapter, for which no other penalty is provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.16.010.
(Prior code § 97.98)
The violation of any of the provisions of this chapter shall
also be deemed a nuisance, and civil action to abate, enjoin or otherwise
compel the cessation of such nuisance may be taken by the appropriate
legal officers of the city upon complaint of the city engineer. The
remedies provided in this chapter shall be cumulative and in addition
to any other remedy available to the city in either law or equity.
(Prior code § 97.99)
