It is the purpose of this chapter to establish regulations governing the placement and construction of obstructions and encroachments within City rights-of-way.
(Ord. 87-02; 88-08)
A. 
Without first having obtained a construction and encroachment permit from the City Engineer, it shall be unlawful for any person to paint, deface, or place any sign upon any City street.
B. 
Without first having obtained a construction and encroachment permit, it is unlawful for any person to erect on a City street any sign, post, pole, barricade or other obstruction.
C. 
Without first having obtained a construction and encroachment permit from the City Engineer, it is unlawful for any person to erect any structure which projects beyond a private property line into a City street.
D. 
Without first having obtained an encroachment permit from the Development Services Department, or a sidewalk vendor operations permit in accordance with Chapter 6.15, Operations Permit: Sidewalk Vending, it is unlawful for any person to set out for exhibition, show or otherwise maintain or allow any goods, wares or merchandise upon any sidewalk or curb portion of a City street.
(Ord. 2020-15)
Nothing contained in this chapter shall prohibit any person from using sidewalks or curbs for such length of time as is reasonably necessary for the purpose of loading or unloading goods, wares or merchandise at the point of pick-up or delivery.
Unless the conduct is pursuant to issued permit or other lawful authority, it shall be unlawful for any person to block, impede or obstruct or to otherwise prevent, delay, hinder or interfere with the free passage of persons on a City street.
Applications for permits authorizing encroachments and the administration of the permit procedure shall be made in accordance with this title.
No encroachment application shall be approved when it is determined by the City Engineer that the encroachment will adversely affect the public health, safety, or general welfare.
Applications for encroachment permits shall be accompanied by an encroachment maintenance and removal covenant signed by the property owner. This covenant shall be prepared by the City Engineer and shall contain the following provisions and such other provisions as may, in the opinion of the City Engineer, be necessary to afford protection to the property owner, City, and public utilities:
A. 
The covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties.
B. 
Permittee shall use and occupy the City property only in the manner and for the purposes approved by the City Engineer.
C. 
Permittee shall acknowledge title to the City property to be in the City and shall waive all right to contest that title.
D. 
The term of the encroachment permit is to be set by the City Engineer and may be revoked by the City or abandoned by permittee at any time. The City shall mail written notice of revocation to permittee, addressed to the benefited property which shall set forth the date upon which the benefits of encroachment permit are to cease.
E. 
City is entitled to remove all or a portion of the improvements constructed by the permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore permittee's improvements.
F. 
Permittee shall agree to indemnify and hold the City harmless from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the permittee or permittee's agents, employees or contractors on City property.
G. 
Upon abandonment or revocation, permittee shall, at no cost to the City, return City property to its pre-permit condition within the time specified in the notice of revocation or prior to the date of abandonment.
H. 
If permittee fails to restore the City property, the City shall have the right to enter upon the City property, after notice to the permittee, delivered at the benefited property, and restore the City property to its pre-permit condition to include the removal and destruction of any improvements and permittee agrees to reimburse the City for the costs incurred.
I. 
If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement for all costs, including reasonable attorney's fees.
J. 
Permittee shall agree that the permittee's duties and obligations under the covenant are a lien upon the benefited property. Upon 30-day notice, and an opportunity to respond, the City may add to the tax bill of the benefited property any past-due financial obligation owing to City by way of the covenant.
K. 
Permittee shall waive the right to assert any claim or action against the City arising out of or resulting from the revocation of the permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a non-negligent manner, in accordance with the terms of the permit.
L. 
Permittee shall recognize and understand that the permit may create a possessory interest subject to property taxation and that the permittee may be subject to the payment of property taxes levied on such interest.
M. 
As a condition precedent to the permittee's right to go upon the City property, the permit must first be signed by the permittee, notarized executed by the City and recorded with the County Recorder of the County of San Diego. The recording fee shall be paid by the permittee.
The following provisions of this section shall apply unless provision is otherwise made by an agreement pursuant to this chapter.
A. 
In the event the City is required to place, replace or maintain a public improvement over which the property owner has constructed an encroachment structure, the property owner shall pay the City that portion of the cost of placement, replacement or maintenance caused by the construction, or existence of the owner's permanent encroachment structure.
B. 
The property owner shall pay the City for all the cost of placing, replacing or maintaining a public improvement within a public right-of-way when the City's facility has failed as a result of the construction or existence of the owner's encroachment structure.
C. 
The costs of placing, replacing or maintaining the public improvement shall include the cost of obtaining a necessary alternate easement.
D. 
The property owner shall pay the City or public utility for all costs of relocating, replacing, or protecting a facility within the public right-of-way when such relocation, replacement or protection results from the construction of an encroachment.