Chapter 12.09 — ENCROACHMENT AGREEMENTS

A. Any firm, person, or corporation desiring to construct or install a privately owned semipermanent structure which will remain for more than thirty days on, over, or within the right-of-way of any city street or alley or on city-owned property shall file an application for an encroachment agreement in writing with the director of public works.

B. The application shall be submitted on standard encroachment permit forms furnished by the city, shall set forth the need for the structure, the character of the work to be done and/or the semipermanent structure to be constructed, and shall include a description of the location of the work or structure. The fee shown in the current city fee resolution for the execution of encroachment agreements shall be submitted with the application.

(Ord. 521 § 1(part), 1987).

A. If the proposed work and/or semipermanent structure is determined to not be a public hazard, nor detrimental to the public use of the property for right-of-way, and is acceptable to the director of public works, the agreement will be submitted to the city council for approval. The agreement shall be the standard agreement form provided by the city, and if approved by the city council, shall be recorded in the office of the Butte County Recorder, and a separate encroachment permit will also be issued in accordance with Chapter 12.08.

B. The encroachment agreement shall not be approved by the city council unless the applicant signs the agreement and thereby agrees to all of the terms and conditions thereof. All encroachment agreements shall include a provision requiring the applicant to hold harmless, defend and indemnify the city and all of its employees from any liability which may arise on the property of right-of-way encroached upon or caused in any way, by the encroachment.

(Ord. 521 § 1(part), 1987).

A. It shall be unlawful for any person, firm or corporation to use any property or erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure on, over or within the right-of-way of any city street or alley or on any city-owned easement or property without first obtaining an Encroachment Agreement or Encroachment Permit pursuant to Chapter 12.08.

B. A violation of this chapter is a public nuisance. Any building or structure erected, constructed, altered or maintained within the right-of-way of any street or alley or on city-owned easement or property contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance.

C. The City Attorney may, by a civil action, commence necessary proceedings for the abatement, removal and/or enjoinment thereof in the manner provided by law. Any person, firm or corporation violating the provisions of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, the City Attorney may, in addition to any other remedy, pursuant to a civil action, seek imposition of civil penalties pursuant to Chapter 1.08 of this Code. Specifically, by way of such civil action, any person, firm or corporation found to have violated this chapter may be assessed civil penalties not exceeding $50.00 for a first violation of this Chapter, civil penalties not exceeding $100.00 for a second violation of this Chapter and civil penalties not exceeding $250.00 for each additional violation of this chapter within one (1) year. The civil penalties imposed shall be imposed for each and every day or any portion thereof wherein there is any violation of any provision of this chapter with each day being a separate offense. (By way of example, a violation continuing for four (4) successive days would be subject to civil penalties of $650.00, plus $250.00 for each additional day of violation thereafter).

(Ord. 766, 2007).