Chapter 12.04


12.04.010    Definitions.

12.04.020    Purpose.

12.04.030    Encroachments prohibited.

12.04.040    Removal of encroachments.

12.04.050    Notice to remove encroachment.

12.04.060    Removal after noncompliance – Removal expense.

12.04.070    Applicability.

12.04.010 Definitions.

For the purposes of this chapter:

Encroachment” means a structure, object, operation or material placed in, on, under or over a public road or dedicated public area in such a manner as to impair, impede or obstruct proper use of the public road or area; or as will affect drainage patterns that will impair, impede or obstruct proper use. Examples of possible encroachments are buildings, billboards, walls, fences, driveways, earthworks, culverts, pipe, poles, towers, gates or ditches placed so as to obstruct or impair proper use. “Encroachment” does not include minor temporary objects placed within the public road area that are not within the traveled way and not obstructing the public use.

Public area” means land dedicated to public use for a square, park, greenbelt or recreational area.

Public road” means a highway, road, right-of-way, street, alley, bridge, walk, trail, tunnel or similar or related facility dedicated to public use. It does not include a private road or easement. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.070.)

12.04.020 Purpose.

It is the purpose of this chapter to provide for the protection of the public roads and areas of the borough as provided herein. Nothing in this chapter shall be construed to prohibit objects or activities which do not impair the proper public use of a public road or public area. By way of example, signs, mailboxes, plants, grass, etc., which are located within a public road right-of-way but which do not interfere with the proper use of the road, are not affected by this chapter. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.010.)

12.04.030 Encroachments prohibited.

No person shall cause, create, maintain or expand an encroachment. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.020.)

12.04.040 Removal of encroachments.

If an encroachment exists in, on, under or over a public road or area dedicated to public use, the borough may require that the encroachment be removed in the manner provided by this chapter at the expense of the owner or person in possession of the encroachment or the person causing or permitting the encroachment. The owner, occupant or person in possession of an encroachment, or any person causing or permitting an encroachment to exist shall, within 30 days after being given notice thereof, remove the encroachment. If the borough engineer determines that the encroachment is creating a hazard, he may cause the immediate removal of the encroachment. (Ord. 80-23 § 2, 1989. 2004 Code § 12.01.030.)

12.04.050 Notice to remove encroachment.

Notice to remove an encroachment shall be given by posting a copy of the notice on or near the encroachment and by serving a copy of the notice on the owner, occupant or person in possession of the encroachment, or to the person causing or permitting the encroachment to exist. Service of the notice may be made by certified mail. If the owner, occupant or person in possession of the encroachment, or the person causing or permitting the encroachment is unknown or cannot reasonably be found, posting of the notice shall be deemed sufficient. The notice shall describe the encroachment as to character and location and shall specify the time for removal. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.040.)

12.04.060 Removal after noncompliance – Removal expense.

After a failure of the owner or person described in FNSBC 12.04.050 to comply with a notice demanding removal of an encroachment, the borough may remove, or cause to be removed, the encroachment, and the person shall pay the borough:

A. All expenses of removal of the encroachment;

B. All costs and expenses paid by the borough as a result of claims filed against the borough for damages due to the existence of the encroachment, if any;

C. Costs and expenses of suit, and legal interest from date any expense was incurred. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.050.)

12.04.070 Applicability.

The provisions of this chapter shall not apply if any of the below stated conditions exist:

A. The public road or area is located within a city or military facility;

B. The public road or area is part of the state-maintained highway system or the federal aid highway system;

C. The encroachment consists of water, sewer, electrical, telephone, television cable or steam lines permanently located by a public utility in the course of operations authorized by that utility’s certificate of public convenience and necessity. (Ord. 80-23 § 2, 1980. 2004 Code § 12.01.060.)