Chapter 12.18
ENCROACHMENT PERMITS
Section
12.18.020 Sidewalk encroachments prohibited—exceptions
12.18.030 Encroachment permit—sidewalk
12.18.040 Encroachment permit—other city property
12.18.050 Indemnification of city
12.18.060 Assignment and transfer of permit
12.18.080 Right of city to enter
12.18.010 Definitions
As used in this chapter:
“Adjacent property” means property immediately adjacent to a sidewalk.
“Emergency” means an event or condition that presents an imminent hazard to public safety.
“Permit” means an encroachment permit issued under this chapter.
“Permittee” means any person granted a permit under this chapter.
“Sidewalk” means a paved surface in a city right-of-way that has been improved for pedestrian travel.
“Storefront” means the first story street frontage of a building that is used or occupied by a single owner or lessee for commercial purposes, and through which the public is given access to the interior of the building. [Ord. 1344 §3, 2016]
12.18.020 Sidewalk encroachments prohibited—exceptions
No person may place an object of any kind on or over a sidewalk that in any manner prevents or restricts pedestrian access to or movement upon the sidewalk, including without limitation any merchandise, furniture, container, vending machine, sign, equipment, structure, or barricade, except for the following:
(a) An object placed on or over a sidewalk by the owner or occupant of the adjacent storefront in accordance with the terms of an encroachment permit issued under KCC 12.18.030;
(b) An object placed on or over a sidewalk in accordance with an outdoor dining permit issued under KCC 12.12.100;
(c) Work performed in accordance with a building permit issued by the city under KCC Title 14;
(d) The construction or repair of a street or sidewalk by the city; or
(e) The construction or repair by a public utility of a utility facility located on, under or over a street or sidewalk with the permission of the city. [Ord. 1344 §3, 2016]
12.18.030 Encroachment permit—sidewalk
(a) The owner or occupant of a storefront may apply to the city manager for an encroachment permit on a form provided by the city manager, which shall include:
(1) The name and mailing address of the applicant;
(2) If an applicant is not a natural person, the business entity form and jurisdiction of incorporation or organization of the applicant;
(3) The name of the business owning or occupying the storefront adjacent to the sidewalk where the encroachment is to be located;
(4) A description of the objects that are to be placed on or over the sidewalk, and a drawing to scale showing their location and dimensions; and
(5) The encroachment fee specified in the city fee schedule.
(b) The city manager may grant an encroachment permit upon finding:
(1) The application meets the requirements of subsection (a) of this section;
(2) The permitted encroachment reasonably provides for the safe and unobstructed movement of pedestrians, and safe and unobstructed sidewalk access and building ingress and egress for fire and emergency purposes.
(c) The city manager may issue a permit for a sidewalk encroachment subject to such conditions as in the judgment of the city manager are necessary to protect the public health, safety and welfare.
(d) A permit for a sidewalk encroachment shall be issued for a term that expires on December 31 of the calendar year of its issuance. It shall identify the objects that are permitted to be placed on or over the sidewalk, and a drawing to scale showing their location and dimensions. It shall state that the permission granted is temporary in nature; that it grants no interest in real property; that it is revocable upon the city manager finding that a term of the permit has been violated or if the permitted use shall become contrary to public safety or convenience. [Ord. 1344 §3, 2016]
12.18.040 Encroachment permit—other city property
(a) A person desiring to use or occupy city property other than a sidewalk may apply for an encroachment permit on a form provided by the city manager, which shall include:
(1) The name and mailing address of the applicant;
(2) If an applicant is not a natural person, the business entity form and jurisdiction of incorporation or organization of the applicant;
(3) A description of the city property where the encroachment is to be located;
(4) A description of the nature of the proposed use or occupancy of the city property, and its proposed duration, and a drawing to scale showing the area to be used or occupied and the location and dimensions of any objects to be placed therein; and
(5) The encroachment fee specified in the city fee schedule.
(b) The city manager may grant an encroachment permit upon finding:
(1) The application meets the requirements of subsection (a) of this section;
(2) The permitted encroachment does not interfere with the city’s use and occupancy of the property, and is consistent with public safety and convenience.
(c) The city manager may issue an encroachment permit subject to such conditions as in the judgment of the city manager are necessary to protect the public health, safety and welfare.
(d) An encroachment permit shall be issued for an indefinite term. It shall identify the nature of the permitted use or occupancy of the city property, and its duration, and a drawing to scale showing the area to be used or occupied and the location and dimensions of any objects to be placed therein. It shall state that it grants no interest in real property, and that it is revocable at any time by the city manager for the convenience of the city. [Ord. 1344 §3, 2016]
12.18.050 Indemnification of city
The permittee shall be responsible for all claims and liabilities arising out of the use or activity that is the subject of the permit or failure to perform the permittee’s obligations under the permit. The permittee shall indemnify, defend, save and hold harmless the city, and its officers and employees, from and against any and all lawsuits, claims or actions brought by any person for or on account of damage to property, or injury, disease, illness or death of persons, including all costs and expenses incident thereto, arising wholly or in part from or in connection with such use, activity or failure to perform. [Ord. 1344 §3, 2016]
12.18.060 Assignment and transfer of permit
A permittee may not assign or transfer the permit or any rights thereunder. A permittee may not allow another person to conduct any activity or use under the authority of the permittee’s permit. [Ord. 1344 §3, 2016]
12.18.070 Repair of damage
Upon notice from the city manager, a permittee shall promptly repair any damage to city property that results from the permittee’s activity or use under the permit, and until such repair is completed, take all measures that are required to protect users of the property from injury resulting from such damage. If the permittee fails to make such repairs or take such measures within a reasonable time, the city may do so at the expense of the permittee. [Ord. 1344 §3, 2016]
12.18.080 Right of city to enter
The city may enter upon any area that is the subject of a permit at any time to inspect the use or activity that is conducted under the permit for compliance with permit terms and conditions, to perform any required repair or maintenance to city property, or to respond to an emergency. [Ord. 1344 §3, 2016]