Arroyo Grande Municipal Code Ch. 13.27 City Easements

It is the purpose and intent of the city council, in adopting this section of the Municipal Code, to permit property owners who have property on which the city has an easement, to place structures or otherwise utilize such property, in appropriate circumstances, while assuring that the city's easement is not impeded or interfered with.

(Ord. No. 610, § 2, 5-26-2009)

The existence of a city easement on property does not preclude a property owner from utilizing their property in any manner that is not inconsistent with the purpose or use of the easement. Structures constructed or placed in city easements may impede the city's ability to access and maintain public facilities, such as underground utilities, including sewer, water and drainage facilities. In order to ensure necessary access to and full use of any city easement, it shall be unlawful to construct or place any structure in a city easement that interferes with the use, maintenance or repair of the easement or public facilities located within the easement, except as otherwise provided in this section. A property owner that constructs or places or allows the construction or placement of a structure in a city easement which interferes with the use, maintenance or repair of the easement or public facilities located within the easement shall be responsible and liable for payment of any and all costs that are associated with the removal of the structure.

(Ord. No. 610, § 2, 5-26-2009)

If a building permit is required for construction or placement of a structure, the city, in its sole discretion, may refuse to issue a building permit should the city, in its sole discretion, determine that the proposed construction will interfere with the purpose or use of the easement. However, should the city, in its sole discretion, issue a building permit for the construction or placement of any structure within the easement, a condition precedent to such permit issuance shall be the execution of a written agreement by the property owner obligating the owner to promptly remove the structure when so requested by the city and to pay any and all costs that are associated with the structure's removal and comply with any other terms and conditions determined to be necessary and appropriate by the city. Such agreements may be executed by the city manager, provided they are in a form acceptable to the city attorney.

(Ord. No. 610, § 2, 5-26-2009)