King City Municipal Code Ch. 13.06 Obstructions and Encroachments

Except as otherwise provided in this chapter, no person shall place or leave, or cause to be placed or left, on any street, sidewalk, or alley, any barrel, bicycle rack, keg, planter box, pole or post, public telephone, telephone booth, or any other article or thing likely to obstruct or interfere with the free passage or use of such street, sidewalk, or alley; and no person shall permit any such article or thing to remain on any sidewalk in front of any premises owned, occupied, or controlled by such person. Provided, that this section shall not apply to goods, wares and merchandise in actual course of receipt at or removal from a place of business, when the same is moved with reasonable diligence, and at least one-half of the sidewalk is, at all times, left unobstructed; or to material for use in the construction or repair of a building placed in the street or sidewalk under a permit from the public works director; or to poles, posts, trees or other things placed on streets or sidewalks, by, or with the permission of, the proper officials of the city.

(Ord. 577 § 1, 1994)

Except as authorized pursuant to Chapter 7.60, no person shall place any goods, wares or merchandise of any kind, for exhibition, display, advertisement, or sale, on any part of any sidewalk, and no person shall permit any such goods, wares, or merchandise to remain on the sidewalk in front of any lot or premises which he or she owns, occupies or controls, unless that person shall first have obtained a written permit from the city council stating the terms and conditions under which the display and sale of merchandise may be permitted.

(Ord. 577 § 1, 1994; Ord. 765 § 5, 2018)

For the purposes of this chapter, the word “encroachment” means any obstruction as defined in Section 13.06.010, and also means any pipe, conduit, cable, service pipe, wire, water main, gas main, appliance, tube, track or any appurtenances to the foregoing in, under, or upon any street, alley, sidewalk, or public place in the city.

Encroachment also means a shrub or tree located on private property, the branches of which extend into any public street or sidewalk, and which in the opinion of the chief of police, block the view of traffic on a public street, or the view of vehicles exiting from private property onto a public street, or present a hazard or impediment to pedestrians.

(Ord. 577 § 1, 1994; Ord. 618 § 1, 2001)

It is unlawful for any person to lay, place, construct, reconstruct, improve, repair, control, or maintain, or cause to be laid, placed, constructed, reconstructed, improved, repaired, controlled, or maintained, any encroachment or encroachments in, on, or under any street, sidewalk, alley, or public place in the city without first receiving a written permit therefor. No provision of the permit or of this chapter shall be deemed to constitute a contractual obligation.

In the case of land subdivisions which have been considered and approved pursuant to the provisions of this code, the approval of the subdivision by the city shall make unnecessary any permit under this section as to any lands which are included in the approved subdivision final map.

(Ord. 577 § 1, 1994)

Every person now owning, operating, using, controlling, or maintaining any encroachment or encroachments in, on, or under any street, alley, sidewalk, or public place at the time of the effective date of the ordinance codified in this chapter may be called upon by the director of public works, by means of a written notification to such person, to file with the public works director an application, in writing, requesting permission to operate, control and maintain an encroachment or encroachments, or such person shall forthwith, at his or her own expense, remove all such encroachment or encroachments from such streets, alleys, sidewalks, or public places, and replace such streets, alleys, sidewalks, or public places in as good condition as before the encroachment existed. Such application shall be filed with the director of public works within five working days after the receipt of written notification from the director of public works. There shall be filed with each such application a verified statement designating and specifying the precise location, depth, size and description of every such encroachment owned, operated, controlled and maintained by applicant. All such work of removal shall be done and performed by owner, or the person operating, controlling, or maintaining such encroachment, in the time and manner designated by the public works director. The provisions of this section shall not be applicable to any person to whom a permit or franchise has heretofore been issued by the council or the public works director for the construction, use or maintenance of such encroachment or encroachments, and while such permit continues in effect or is not revoked.

At any time after the effective date of the ordinance codified in this chapter, it is unlawful for any person to furnish, deliver, convey, or transfer, or cause to be furnished, delivered, conveyed, or transferred, any water or gas to any customer, consumer, or premises, through any water main, sewer main, or service pipe for which a permit under this section has not been issued as herein provided.

(Ord. 577 § 1, 1994)

Upon receipt of a written application therefor, the public works director may issue a permit, in which he may impose reasonable conditions as to duration, location, relocation, maintenance, operation, depth and manner of construction of any encroachment or encroachments in or under any such streets, alleys, sidewalks, or public places.

(Ord. 577 § 1, 1994)

Any permit issued under the provisions of this chapter shall provide that the permittee will pay the entire expense of replacing the streets, alleys, sidewalks and public places in accordance with the design standards and standard specifications approved by the city council and currently in effect. The permit may provide such other conditions as to location, depth and manner in which the work is to be done as the public works director finds necessary for the protection of such streets, alleys, sidewalks and public places, or for the safe and convenient use thereof by the public. Each permit shall prescribe and designate the location and manner of construction of each encroachment so as to eliminate or minimize danger to such streets, alleys, sidewalks and public places which may result from the laying, placing, constructing, repairing and maintenance of such encroachments.

Whenever public utility easements are laid out and designated upon any recorded map of any real estate subdivision which has been approved by the planning commission and approved and accepted by the council, the public works director may require owners of utilities to construct their improvements within the boundaries of such public utility easements. Whenever application is made to lay, place, or construct any encroachment or encroachments within the boundaries of any proposed real estate subdivision, no permit therefor shall be issued until such real estate subdivision has been approved by the planning commission and approved and accepted by the council.

(Ord. 577 § 1, 1994)

The public works director may require the permittee to file a bond with the city clerk running to the city with at least two good and sufficient sureties approved by the public works director, or with a corporate surety approved by the public works director, in a penal sum prescribed by the public works director, conditioned that the permittee shall well and truly observe, fulfill and perform each term and condition of the permit, and that in case of any breach of condition of the bond, the amount of the penal sum therein named shall be recoverable by the city from the principal and sureties upon the bond. The bond shall not be effective unless and until approved by the city attorney.

The bond, if required by the public works director, shall be filed with the city clerk within five days after the granting of the permit; and if the bond is not so filed, or does not receive the approval of the public works director, the permit may be revoked. The terms of the permit shall provide, whenever a bond is required, that such permit shall not be effective unless and until such bond has been filed with the city clerk within such period of five days and approved by the public works director. The amount of the bond shall not exceed five thousand dollars; provided, that the public works director may require of such applicant a bond in a sum not to exceed twenty thousand dollars if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit.

(Ord. 577 § 1, 1994)

The permittee shall indemnify and hold harmless the city and its councilpersons, officers and employees, from any and all liability for damages proximately resulting from any operation under such permit.

(Ord. 577 § 1, 1994)

All permits issued pursuant to this chapter or otherwise issued are revocable on five days’ written notice, and the encroachment or encroachments shall be lowered, removed, or relocated as may be specified by the public works director in the notice revoking the permit and within the time specified by the public works director, which time shall not be less than such five days, unless the permit so provides.

(Ord. 577 § 1, 1994)

Whenever a written notice or demand is required to be served pursuant to this chapter, such service may be made by serving such written notice or demand personally upon the permittee or the assignee of any such permittee, or upon any person who possesses, owns, or controls such encroachments, at least five days before the time designated by the public works director for the commencement of the work of removal or relocation. In the event the name or place of residence of any permittee, or owner of any encroachment, is unknown to the public works director, service of such notice may be made by posting a copy thereof in a conspicuous place on each street, alley, sidewalk, or public place where such encroachment exists, at least five days before the time designated for the commencement of the work of such removal or relocation, and no further service thereof shall be required.

(Ord. 577 § 1, 1994)

The permittee shall at all times be subject to all reasonable orders of the public works director, and to all rules, regulations and ordinances of the city, for the protection, maintenance, or improvement of the streets, alleys, sidewalks and public places or for the safe and convenient use thereof by the public.

(Ord. 577 § 1, 1994)

All encroachments existing within or under any street, alley, sidewalk, or public place in the city contrary to the provisions of this chapter is declared to be a nuisance.

(Ord. 577 § 1, 1994)

The public works director may immediately remove from any street, alley, sidewalk, or public place, any encroachment when such removal is required for the protection of such street, alley, sidewalk and public place or for the safe and convenient use thereof by the public, and which encroachment:

(a) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of notice; and

(b) Prevents or interferes with the repair or improvement of any street, alley, sidewalk or public place or interferes with the view of drivers of vehicles on any public street or vehicles entering the public street from private property.

(Ord. 577 § 1, 1994; Ord. 618 § 1, 2001)

The public works director may remove any encroachment on the failure of the owner, or person using or controlling such encroachment, to comply with the notice or demand of the public works director given pursuant to the provisions of this chapter, and the city shall have an action to recover the expense of such removal, costs and expenses of suit, and, in addition thereto, the sum of one hundred dollars for each day such encroachment remains after the expiration of five days from the service of the notice or demand.

(Ord. 577 § 1, 1994)

The entire expense of such removal of a nuisance as prescribed by Section 13.06.130 shall constitute a lien upon all property of the owner and the person operating and controlling such nuisance, and the city shall have an action to foreclose such lien.

(Ord. 577 § 1, 1994)