Madera Municipal Code Ch. 4 Sidewalk Obstructions

Except as otherwise provided in § 3-4.02 of this chapter, it shall be unlawful for any person to place or maintain any object or obstruction of any kind in, over, or on any public sidewalk, street, avenue, alley, or public place in the city unless a permit therefor has been granted by the City Engineer. Applications for permits, other than permits authorizing work within the public right-of-way issued in accordance with the procedures set forth in Chapter 2 of Title 7 of this code, shall be made to the City Engineer on the form supplied by the City Engineer and shall include such information as may be required by the City Engineer in any particular case. If, after investigation of the permit, the City Engineer determines that a permit should be issued, he or she shall issue the same to the permittee who shall, as a condition precedent to the operative effect thereof, execute an agreement to abide by any and all terms and conditions thereto imposed by the City Engineer, including, but not necessarily limited to, the provision of insurance coverage to the extent and in the limits required by the City Engineer, including additional coverage naming the city as an additional insured, acknowledgment of the revocability of such permit with or without notice, and acceptance of the responsibility to remove any such encroachment at the permittee's sole cost and expense in the event of such revocation or upon notice by the City Engineer. The City Engineer is authorized and directed to impose any and all such additional conditions to the issuance of any such permit issued which in his or her discretion are necessary to promote and protect the public health, safety, and general welfare. The Council declares that any object or obstruction encroaching upon any sidewalk, street, avenue, alley, or other public place in violation of the provisions of this section is a public nuisance and may be summarily abated as provided in this code and as may be provided under the applicable laws of the state, and the expenses of such abatement shall constitute a lien against the underlying property upon which the encroachment is maintained and a personal obligation against the owner of such underlying property.

('61 Code, § 3-4.01) (Ord. 10A, passed - - ; Am. Ord. 37 C.S, passed 12-4-62; Am. Ord. 139 C.S., passed 9-3-69)

Overhanging branches of shade trees and border trees less than ten feet in the clear above any road and less than seven feet in the clear above any driveway, sidewalk, parkway, or other public place, and any wires, lines, or guys crossing any street or driveway less than 15 feet in the clear above such street or driveway, and any other obstructions between the curb lines of any street and the outer edge of any sidewalk are declared to be obstructions of the public street, and any person owning or having charge of the same or of the abutting real property who, after ten days' notice from the City Engineer or an authorized representative, to remove the obstruction, shall permit or suffer the same to remain, shall be deemed to be maintaining an unlawful obstruction in the public street, avenue, alley, sidewalk, or public place in the city, and the same are hereby declared to be a public nuisance and subject to abatement as such.

('61 Code, § 3-4.02) (Ord. 10A, passed - -; Am. Ord. 37 C.S., passed 12-4-62)