Monterey Municipal Code Art. 3 Encroachments

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Director of Engineering & Maintenance.The duly appointed Director of Engineering and Maintenance, any person appointed by the City Manager to act in said position, and any person appointed by the Director of Engineering and Maintenance to act in his or her behalf.

Encroachment.Any structure or object of any kind or character placed, without authority of law, either on , in, over or under any street, alley, sidewalk, right-of-way, public place, property owned by the City, or property dedicated to the public use or benefit.

It is recognized that there are presently existing in the City objects which encroach upon City-owned property, streets, sidewalks, right-of-way and other public places which constitute a danger to the health and safety of persons and property. It is also recognized that many encroachments on public property do not constitute any danger to persons or property and are beneficial to both the property owner and the City and therefore should be allowed, subject to conditions appropriate to each situation. The purpose of this Article is to provide a procedure for the authorization of encroachments by the issuance of permits where such encroachments are beneficial and do not constitute a danger to the public and to abate and cause to be removed all other encroachments that may now or in the future exist to be discovered to exist.

The City Council may grant an encroachment permit by notice on any City-owned property, street, public place or right-of-way over any other property over which the City Council has jurisdiction.

The authority of the City Council to grant encroachment permits under this Article is hereby delegated to the Director of Engineering & Maintenance who shall exercise the authority of the City Council as set forth in Section 32-20 herein.

The Director of Engineering & Maintenance may refer the application for an encroachment permit to any City department, board, commission or committee, or any recognized organization for a recommendation.

The conditions set out in this Section shall apply to all encroachment permits issued by the City and are incorporated therein and made a part thereof by reference. All encroachment permits are subject to the following conditions whether stated therein or not:

a.All encroachment permits are revocable on motion of the City Council and no notice is required unless specifically so stated in the permit. The revocation of any permit shall be effective immediately upon the passage of the motion, or if notice is required by the terms of the permit, on the date of mailing notice of revocation.

b.Where notice, in writing, is required by the terms of the permit, such notice shall be mailed to the applicant at the address appearing on the application, unless the City Clerk has been notified, in writing, of a change of address.

c.Any required notice shall conclusively be presumed to have been received when placed in the United States mail, with proper postage affixed, addressed to the applicant at the address appearing on the application or to any change of address of which the City Clerk has been notified, in writing.

d.All permits shall be considered appurtenant to the property that they benefit and shall be transferable in the sale or transfer of such property unless otherwise stated in the permit. It shall be the duty of the original applicant to notify the City Clerk of such transfer and the transfer shall be effective on the date such notice is received by the City Clerk. Such notice of transfer shall also be accompanied by a signed statement of the transferee to the effect that he has read and understands all terms and conditions of the permit and agrees to accept and abide thereby. Such notice of transfer shall also constitute a “change of address” under subsections (a) and (b) of this Section.

e.Unless otherwise specifically stated, all encroachments shall be removed at the expense of the applicant or transferee within 30 days of the effective date of revocation or termination. After such time such encroachment shall be in violation of this Article and subject to the provisions of Section 32-22.

The City Council may impose any conditions appropriate to the particular application under consideration. All permits may be limited in time, transferable or nontransferable, require or not require notice in writing, be subject to site or architectural control and provide conditions and time limits for removal of the encroachment upon revocation or termination of the permit. The City Council may also require a bond, payable to the City, for failure to remove the encroachment, and property damage and public liability insurance.

a.Whenever any encroachment exists without a permit, or the permit for an encroachment expires, terminates or is revoked, it shall be the duty of the Director of Engineering & Maintenance to require the removal of such encroachment and to serve such notices and take such action as is required by this Section.

b.The Director of Engineering & Maintenance shall serve a “notice of removal of encroachment” upon either the owner or occupant of the property to which the encroachment is appurtenant, or the person causing, owning or controlling the encroachment, by one of the following methods:

1.Where the person is a resident of the City, by personally serving notice on him.

2.Where the person is a nonresident of the City, or absent from the City, by registered mail

3.Where the person is unknown or the address is unknown, by posting the notice in a conspicuous place upon the property.

4.The effective date of service shall be the date on which notice is personally served, or the date placed in the United States mail, properly addressed, with sufficient postage, or the date posted on the property, whichever is appropriate.

c.The notice of removal shall contain the following information and any other information deemed appropriate by the Director of Engineering & Maintenance:

1.The street address or description of the property.

2.A description of the encroachment to be removed.

3.A description of the public street, sidewalk, right-of-way or other public place from which the encroachment is to be removed and the corrective measures to be taken.

4.The date by which the encroachment is to be removed which shall be 30 days from the date of service and a statement that after such date the owner becomes subject to the penalty provisions of this Article.

d.All encroachments required to be removed shall be removed within 30 days of the date of service of the notice. On application of the owner or person upon whom notice is served, the Director of Engineering & Maintenance may extend the time or removal for one period not to exceed 30 days. On written application of the owner or person served with notice, the City Council may extend the time of removal for any period they deem appropriate.

e.Within 15 days after receipt of notice, the owner or person served may make application for an encroachment permit to authorize the encroachment under the terms and procedure of this Article. If such application is made, all proceedings under this Section shall be suspended until final action of the City Council. If the permit is denied, the encroachment shall be removed within 30 days after denial by the City Council, unless the City Council sets a different time for removal.

No person shall fail to remove an encroachment after the time specified in Section 32-21.

If an encroachment is not removed within the time specified in Section 32-21, the Director of Engineering & Maintenance may remove the encroachment at the expense of the owner or occupant of the property, or the person causing, controlling or owning the encroachment. After removal of the encroachment, the Director of Engineering & Maintenance shall prepare a bill of actual costs and serve the same in the same manner as provided for service of the “notice of removal.” If the costs are not paid within ten days of service, an action may be brought in the name of the City by the Director of Engineering & Maintenance or City Attorney.

The remedies mentioned in this Section are non-exclusive and the City may proceed under any such remedy. The City may also bring any other action for removal or abatement of encroachment provided by law. Any person who violates any provision of this Section shall be guilty of a misdemeanor, punishable as set forth in Code Section 1-1.06.