Chapter 12.26
PUBLIC RIGHT-OF-WAY OR EASEMENT ENCROACHMENTS
Sections:
12.26.020 Encroachment agreement.
12.26.030 Contents of encroachment agreement.
12.26.060 Penalty for violation.
12.26.010 Agreement required.
Before any person, firm or corporation shall commence work upon, or maintain, use or occupy any structure, building, barricade, material, earth, gravel, rock, debris, or any other material or thing tending to obstruct, damage, disturb, occupy or interfere with the free use of any public right-of-way or easement maintained by the town of Twisp, an encroachment agreement shall be obtained. An encroachment agreement shall be obtained for each separate project or work. In the case of work contracted for by the Twisp department of public works, the signing of the contract shall constitute an encroachment agreement. (Ord. 689 § 1, 2015)
12.26.020 Encroachment agreement.
The encroachment agreement shall be made by the town and on a format as prescribed and provided by the town. The encroachment agreement shall contain such information as the town deems necessary, including, but not limited to, evidence that the person, firm or corporation is either the owner or entitled to possession of the property adjoining the public right-of-way or easement sought to be used, and a full and complete description of the use to be made and the duration of such proposed use. The decision to enter into an encroachment agreement, as authorized by this chapter, shall be at the sole discretion of the town. This chapter shall in no way be construed as granting or creating a right in any person, firm or corporation to obtain an encroachment agreement, or maintain or use an encroachment. A fee for such encroachment agreement may be imposed by the town, in such amount as established from time to time by the town council by resolution. (Ord. 689 § 1, 2015)
12.26.030 Contents of encroachment agreement.
Requirements to be met before an encroachment agreement may be issued:
(1) The proposed use will not protrude into or over any portion of the public right-of-way or easement open to vehicular or pedestrian travel in such a manner as to create a likelihood of endangering the use of such public right-of-way or easement by vehicular or pedestrian traffic.
(2) The proposed use will not protrude into or over any public utility lines including water, sewer, storm drainage, cable, power, and will not block access to the utility lines.
(3) The proposed use must meet all other applicable requirements of the Twisp Municipal Code, including, but not limited to, the underlying zoning regulations applicable to the adjacent property upon which the use will be conducted, constructed or maintained.
(4) The person, firm or corporation shall be required to indemnify and hold the town harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the proposed use.
(5) During all periods of use of encroachment agreements, the person, firm or corporation shall maintain public liability and property damage insurance acceptable to the town and/or other insurance necessary to protect the public and the town on premises to be used unless waived by the town in writing. Limits of said insurance shall be established by the town, and a certificate evidencing the existence of said insurance or, upon written request of the town, a duplicate copy of the policy shall be provided to the town as evidence of the existence of the insurance protection. Said insurance shall not be cancellable or reduced without prior written notice to the town, not less than 30 days in advance of cancellation or alteration. Said insurance shall name the town as a named or additional insured and shall be primary as to any other insurance available to the town.
(6) Such other conditions as may be imposed by the town to reasonably assure that the proposed use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way or easement.
(7) The person, firm or corporation shall consent in the event the town is required to take enforcement actions to enforce the terms and conditions of the encroachment agreement, the town shall be entitled its costs, disbursements and expenses including its attorney’s fees, which sums may be filed as a lien against the person, firm or corporation’s premises and enforceable in the manner provided for the enforcement of mortgages on real property. (Ord. 689 § 1, 2015)
12.26.040 Revocation.
(1) All encroachment agreements issued pursuant to this chapter shall vest no permanent right in the person, firm or corporation, and may be revoked by the town as follows:
(a) Immediate revocation in the event of violation of any terms or conditions of the encroachment agreement;
(b) Immediate revocation in the event such use, structure or obstruction becomes, for any reason, dangerous, insecure or unsafe;
(c) Upon 30 days’ notice if the encroachment agreement is revoked for any reason that is not covered by the preceding subsections, including but not limited to the town’s desire to make public use of the road, street, public right-of-way or other public place subject to an existing encroachment agreement.
(2) If any use or occupancy for which the encroachment agreement has been revoked is not immediately discontinued, the town may remove any such structure or obstruction, or cause to be made such repairs upon a structure or obstruction as may be necessary to render the same safe and secure, the cost and expense of which shall be assessed against the person, firm or corporation, including all fees, costs and expenses incurred, including attorney’s fees associated with the enforcement of or collection of the same. The town may enforce this chapter in any manner provided by law, including the abatement of public nuisance. (Ord. 689 § 1, 2015)
12.26.050 Existing uses.
An encroachment agreement will be required for any existing use of any public right-of-way, street, sidewalk, town easement or other public place. (Ord. 689 § 1, 2015)
12.26.060 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a civil penalty of not more than $250.00, and for any costs incurred by the town relative to any violation. Each day that a violation continues shall be deemed as a separate offense. (Ord. 689 § 1, 2015)