Milpitas Municipal Code Ch. 10 Structures or Objects on Sidewalks or Public Ways

1.01

Unless specifically authorized by written franchise license or permit from the City of Milpitas or otherwise authorized by law, it shall be unlawful for any person to erect, maintain, place or leave any structure or other object (including, but not limited to, containers for the collection of newspapers for recycling) upon any public street, or sidewalk, or within the right-of-way thereof or within or upon any public easement or public property (including but not limited to public parks and landscaped areas) within the City of Milpitas.

(Ord. 228 (part), 10/15/85)

1.02

The provisions of this Chapter shall not apply to motor vehicles lawfully upon any public street or public easement or public property.

(Ord. 228 (part), 10/15/85)

1.03

The provisions of this Chapter shall not apply to any detached tent, detached structure, or other detached object used for sitting, sleeping, or lying outside by a person who cannot otherwise obtain shelter.

(Ord. 228.1, § 4, 9/20/22)

Any person violating this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with the provisions of Section I-1-4.09-1 of the Milpitas Municipal Code.

(Ord. 228 (part), 10/15/85)

The erection, maintenance, placing or leaving of any structure or object upon any public street or sidewalk, or within the right-of-way thereof or within or upon any public easement or public property in violation of the provisions of this Chapter is a public nuisance and may be summarily abated as hereafter provided in this Chapter, or abatement may be sought by suit filed in any court of competent jurisdiction upon the direction of the City Council.

(Ord. 228 (part), 10/15/85)

4.01

Any City officer or employee is empowered to remove any structure or other object violating the provisions of this Chapter.

(Ord. 228 (part), 10/15/85)

4.02

If the owner of said structure or object and the owner's address is identified by any clearly visible writing or legend thereof, the City shall notify said owner by regular mail of such removal and that it can be reclaimed by the owner upon proof of ownership within thirty-one (31) days of said notice upon payment of reasonable costs of removal and storage; and if not reclaimed, it will be deemed to be abandoned and destroyed or otherwise disposed of by the City.

(Ord. 228 (part), 10/15/85)

4.03

If the owner and his address cannot be ascertained from an inspection of the structure or other object, the City may cause a notice to be posted at or near the location of said structure or other object and at City Hall containing the statements in the preceding Subsection X-10-4.02.

(Ord. 228 (part), 10/15/85)

4.04

The City shall be empowered to charge a reasonable fee for the removal and storage of said structure or object which shall be a joint and several obligation of the owner thereof and of the person who placed, erected, maintained or left the structure or object in violation of this Chapter. The City shall have a lien upon said structure or object for the reasonable costs of removal and storage and shall be entitled to payment therefor before it releases said structure or object.

(Ord. 228 (part), 10/15/85)

4.05

The City may elect to waive the costs of removal and storage in any case where it is determined to the satisfaction of City Manager that said owner was not responsible for or did not authorize the placement of said structure or object in the public right-of-way or public property.

(Ord. 228 (part), 10/15/85)

4.06

The City may require proof of ownership by affidavit and an indemnity from the owner or his authorized agent (in addition to the costs of removal and storage) in the same form and manner as may be required by the Chief of Police under the provisions of Subsection I-13-2.03 of the Milpitas Municipal Code.

(Ord. 228 (part), 10/15/85)

4.07

The reasonable costs of removal shall be the cost of all labor, materials and equipment employed in removing said structure or object and in transporting it to its place of storage. The reasonable costs of storage shall be the actual costs of storage, if stored elsewhere than on City property or, if stored on City property, the sum of Three Dollars and Fifty Cents ($3.50) per day.

(Ord. 228 (part), 10/15/85)

4.08

If said structure or object is not reclaimed within thirty-one (31) days of Notice by mailing or posting by the owner or his agent (furnishing proof of ownership and/or authority), City may:

(a) elect to retain said property for an additional three (3) month period and cause the same to be disposed of in the manner provided for unclaimed property pursuant to the provisions of Subsections I-13-2.03 and I-13-2.04 of the Milpitas Municipal Code, or

(b) if the value of the structure or object is determined by City to be less than Ten Dollars ($10.00) or if the costs of removal and thirty-one (31) days' storage equal or exceed the apparent value of the structure or object, or if the structure or object is not commonly a subject of sale, the City may cause its destruction.

(Ord. 228 (part), 10/15/85)

4.09

City and its officers and employees shall not be liable for any loss, damage or destruction incurred in the removal or storage of structures or objects hereunder.

(Ord. 228 (part), 10/15/85)

The provisions of this Chapter shall not limit such other remedies as the law may allow for the acts herein described. The remedies in this Chapter are cumulative and not exclusive and in addition to such other remedies as the law allows.

(Ord. 228 (part), 10/15/85)