Chapter 12.08


12.08.010    Encroachments and obstructions prohibited.

12.08.020    Exceptions.

12.08.030    Encroachment permit.

12.08.040    Throwing rubbish on streets prohibited.

12.08.050    Obligation to clean sidewalk.

12.08.060    Nuisance--Abatement procedure.

12.08.070    Right of entry.

12.08.080    Summary abatement.

*    For the statutory provisions authorizing cities to prohibit and prevent obstructions in or to sidewalks, streets, etc., see Gov. Code §38775.

12.08.010 Encroachments and obstructions prohibited.

No person shall place or cause to be placed in any sidewalk, street, alley, lane, court, park, easement or other public place any building, fence, structure or other encroachment or obstruction.  No person owning, occupying or having control of any premises shall allow or suffer to be placed or to remain upon or in any sidewalk, street, alley, lane, court, easement or other public place fronting or adjoining said premises any such encroachment or obstruction thereof.  (Ord. 3-68 §1, 1968).

12.08.020 Exceptions.

The provisions of this chapter shall not apply to:

A.    Ornamental trees planted and maintained along the public sidewalk in compliance with applicable regulations of city and necessary barriers for the protection of same;

B.    Lampposts, utility poles or hydrants erected by permission of the superintendent of streets;

C.    Signs erected and maintained in compliance with the sign ordinance;

D.    Goods or merchandise in actual course of receipt, delivery or removal;

E.    Materials used in the construction or repair of any building during the existence of a written permit issued by the superintendent of streets;

F.    Racks for the display and sale of newspapers, provided said racks shall not be more than sixty-five inches in height, twenty inches in width and thirty-six inches in any dimension at the base.  Permission to install such racks shall be obtained from the chief of police, who shall designate the location for the same;

G.    Encroachments or obstructions for which an encroachment permit has been granted pursuant to Section 12.08.030 of this chapter.  (Ord. 3-68 §2, 1968).

12.08.030 Encroachment permit.

The superintendent of streets may grant a revocable permit to the adjoining owner or occupant to construct or place a structure or encroachment otherwise prohibited by this chapter in any public place when, in his opinion, the placement and maintenance thereof would not interfere with city or other public facilities located in such place, would not unduly interfere with the public use thereof, and would not be detrimental to the public health, safety or welfare.  Such permit is subject to revocation at any time by the superintendent of streets and is subject to such terms and conditions as he may consider reasonable for the protection of the public interest, including, but not limited to provisions that the permittee shall hold the city, its officers, agents and employees free and harmless from any liability for injuries to persons or property resulting from the placement or maintenance of such encroachment, and that the removal of said encroachment, when so requested by the superintendent of streets, shall be completed without delay at the permittee’s expense.  Such permit shall also provide that upon failure of the permittee to remove such encroachment within the prescribed time after notice from the superintendent of streets, the same may be abated and removed by the city and the cost thereof made a lien upon the property pursuant to the provisions of Section 12.08.060 of this chapter.  (Ord. 3-68 §3, 1968).

12.08.040 Throwing rubbish on streets prohibited.

No person shall place, sweep, throw, brush or in any other manner deposit upon any sidewalk, street, alley, gutter or other public place any rubbish, dirt, debris or discarded material of any kind.  (Ord. 3-68 §4, 1968).

12.08.050 Obligation to clean sidewalk.

The occupant or tenant, or upon the failure of an occupant or tenant, the owner of any parcel of land adjacent to which there is a paved sidewalk shall keep said sidewalk free of dirt, debris and litter.  (Ord. 3-68 §5, 1968).

12.08.060 Nuisance--Abatement procedure.

A.    The existence of any condition proscribed by the provisions of this chapter is declared to be a public nuisance.

B.    The superintendent of streets may institute the abatement of any such nuisance by causing the person(s) sought to be charged to be notified of the existence of such condition and directing that such person(s) abate said condition or appear before the superintendent of streets at a stated time and place and show cause why such conditions should not be abated by the city at such person’s expense and/or the cost of removal made a lien upon the property.  A copy of the notice shall be sent to the owner of the land as shown on the last equalized assessment roll and to any other person(s) responsible for the condition at their known address or at the address of the premises.  The person giving such notice shall file a copy thereof in the office of the superintendent of streets together with a certificate stating the time and manner in which the notice was given.  The failure of any owner or other person to receive such notice shall not affect the validity of any proceedings taken hereunder.

C.    At the time fixed for the hearing, the superintendent of streets or other city officer authorized by him shall hear testimony offered on behalf of the person(s) sought to be charged with the abatement of said nuisance which tends to show why said condition should not be abated or the expense thereof charged to such person and/or made a lien upon the abutting property.  The hearing officer may hear rebuttal testimony on behalf of the city.  The hearing may be continued from time to time.  If at the conclusion of the hearing the hearing officer is satisfied that said condition exists and concludes that it should be abated at the expense of such person(s) aforesaid, he shall make an order to that effect and so advise the person(s) attending the hearing, either orally or in writing.  In the event any person given notice of hearing fails to appear at the hearing, then as to him the notice of the existence of the condition and evidence of mailing thereof shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of said conclusion, and no notice of said conclusion need be given to any such person failing to appear.

D.    Decisions of the hearing officer pursuant to this section may be appealed to the city council in accordance with the requirements of Chapter 1.25.

E.    Three days after the adoption of an order of abatement which has become final, the city shall acquire jurisdiction to abate or cause to be abated said condition at the expense of the person(s) determined to be responsible therefor.

F.    If the costs of abatement are not paid within thirty days of the completion of the work, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection.  Said assessment shall have the same priority as other city taxes.  (Ord. C-7-08 §11, 2008; Ord. 3-68 §6, 1968).

12.08.070 Right of entry.

The superintendent of streets and his authorized representatives are expressly authorized to enter upon private property as provided in Chapter 1.12 of this code, for the purpose of abating any condition pursuant to the provisions of this chapter.  (Ord. 3-68 §7, 1968).

12.08.080 Summary abatement.

Whenever any condition on property proscribed by this chapter constitutes or reasonably appears to constitute an imminent or immediate danger to the health or safety of the public, or a significant portion thereof, the superintendent of streets or his authorized representative shall have the authority summarily and without notice to abate the same.  The expenses of such abatement shall become a lien on the property and be collectible as provided in Section 12.08.060.  (Ord. 3-68 §8, 1968).