Corning Municipal Code Ch. 12.08 Encroachment Permits

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For statutory provisions on the power of city legislative bodies to prevent and prohibit encroachments on public property, see Gov. Code §38775.

This chapter is adopted pursuant to the authority contained in Section 38775 of the Government Code of the state, and is adopted for the purpose of preserving and protecting the public safety and convenience.

(Ord. 280 §1, 1973).

"Encroachment" includes the placing of any structure, pipes, wires, awnings, buildings, sidewalks, curbs, driveways or any other form of property upon, over, along or under any public sidewalk, street, alley, lane, court, park, or other public place.

(Ord. 280 §5, 1973).

No person, firm, corporation, or other legal entity shall encroach upon any sidewalk, street, alley, lane, court, park or other public place, excepting and unless an encroachment permit has been obtained from the city.

(Ord. 280 §2, 1973).

The city clerk shall be authorized to issue encroachment permits upon the approval of the same by the director of public works. The form of encroachment permits shall be as adopted from time to time by the city council by resolution. A fee of five dollars shall be payable for the issuance of any encroachment permit, and the permit shall be terminable by the city, or may be limited in time by the city. In the event the work is performed by the city or under a contract with the city no fee shall be charged or permit required.

(Ord. 280 §3, 1973).

In any case where an encroachment may result in damage to streets, sidewalks or other public ways either during or after completion of construction, the public works director may require as a condition to the issuance of an encroachment permit, a bond or other security effective during performance of the work and up to a year thereafter protecting the city against damages to the public right-of-way. The security so required shall be in an amount equal to the estimated cost of repairing any damages resulting from the encroachment.

(Ord. 594, 2001; Ord. 280 §4, 1973).

Any person or persons who may encroach upon public ways as set forth in this chapter, who fails to obtain an encroachment permit, shall be guilty of a misdemeanor and punishable as such. In addition, any encroachment which requires removal may require the removal of the encroaching physical property at the expense of the encroacher. The city attorney is authorized and directed, in the event of the refusal of any person or persons to remove encroachments when directed so to do, to initiate any appropriate proceeding at law or equity for injunction, mandate or other appropriate proceeding to compel the removal of such encroachment.

(Ord. 280 § 6, 1973).