Chapter 12.16
ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY
Sections:
12.16.030 Scope of regulatory control.
12.16.040 City permission requirement.
12.16.050 Obligations of the city.
12.16.060 Permit procedures for encroachment into public rights-of-way.
12.16.010 Definitions.
For the purpose of this chapter, the following mean:
“Person” means any individual, corporation, association, firm, partnership, joint stock company, and similar entities.
“Public rights-of-way” means and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
“Within the city” means territory over which the city now has, or acquires, jurisdiction for the exercise of its powers. [Ord. 9-118 § 1, 1997].
12.16.020 Jurisdiction.
The city has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. [Ord. 9-118 § 2, 1997].
12.16.030 Scope of regulatory control.
The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. [Ord. 9-118 § 3, 1997].
12.16.040 City permission requirement.
No person may occupy or encroach upon a public right-of-way without the permission of the city. The city grants permission to use such rights-of-way through franchises, licenses and permits. [Ord. 9-118 § 4, 1997].
12.16.050 Obligations of the city.
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. [Ord. 9-118 § 5, 1997].
12.16.060 Permit procedures for encroachment into public rights-of-way.
A. No encroachment onto city property shall be allowed without the issuance of an encroachment permit, in form appended to the ordinance codified in this chapter as Exhibit “A,” and payment of required fee(s) as provided for therein.1
B. The permit process shall apply to all new encroachment requests and previously existing, nonconforming uses.
C. The permittee shall provide insurance in the form as appended to the ordinance codified in this chapter as Exhibit A.1
D. Permits shall be issued for a period of one fiscal year.
E. Permit fees shall be set by resolution of the Eagle Point city council, and may be changed by resolution, at any time. [Ord. 9-117 §§ 1 – 5, 1996].
Code reviser’s note: Exhibit “A” to Ordinance No. 9-117 may be found on file in the city clerk’s office.