Oceanside Municipal Code Div. 1 Obstructions

No person shall: set out for sale, exhibition, show or otherwise, or maintain, or allow to be kept or stored, any goods, wares, merchandise, or food items; or place or maintain any machine or accessories for the purpose of vending of any goods, wares, merchandise, or food items; or place or maintain any device or machine for the provision of a commercial service upon any sidewalk, street, public right-of-way, or public property without a permit there for having first been issued by the city engineer or his or her designated representative.

(a) Exceptions:

(1) The provisions of this section shall not apply when a sidewalk, street, or public right-of-way is temporarily closed for a farmers market or other special event and the sale, exhibition or show of goods, wares, merchandise, or any food items is authorized by a special events permit issued by the city.

(2) The provisions of this section shall not apply when a sidewalk is used for the sale, exhibition or show of goods, wares, merchandise or food items as authorized by a sidewalk vendor business license pursuant to Oceanside City Code, chapter 15, article V, section 15.64.

(3) The provisions of this section shall not apply to mailboxes owned, maintained and placed by the U. S. Postal Service.

(Ord. Code, §§ 7421, 7421.1; Ord. No. 96-07, § 3, 6-5-96; Ord. No. 19-OR0632-1, § 3, 9-25-2019)

Nothing contained in the preceding section shall prohibit the right of any person to load or unload goods, wares and merchandise in front of the place of business of such person, and in so doing to leave such goods, wares and merchandise upon such sidewalk area for such length of time as is necessary for the purpose of loading or unloading the same, providing that at least two-thirds (⅔) of such sidewalk area remains unobstructed in such operation.

(Ord. Code, § 7422)

No person shall establish or maintain any standard, sign or structure for advertising or other private or commercial purposes in the city between the outer or street edge of the curb or curb line, whether the curb is established or not, and the adjacent property line; except that persons licensed to operate a taxicab in the city may maintain a standard or sign within such areas, at each lawfully established tax stand.

The sign shall be no longer that eight (8) inches long and seven and one-half (7½) inches wide and the contents of the notice therein shall be only that reasonably necessary to advise the public of the location of the taxi stand. The sign will be attached to the earth, curb or sidewalk by a two-inch pipe standard by drilling a hole not less than twelve (12) inches deep and grouting the pipe therein with cement grout. The superintendent of streets shall approve the location and the method of installation of the said sign.

(Ord. Code, §§ 8423—8423.2; Ord. No. 70-16, § 1, 5-13-70)

Any goods, wares or merchandise or standards, signs or other structures established or maintained or permitted to remain between the outer or street edge of any curb or curb line, whether a curb is established or not, and the adjacent property line in violation of this article is declared to be a public nuisance, and in addition to the penalties herein provided for violations of this article, such public nuisance may be abated in the manner nor provided by law or as hereinafter provided.

(Ord. Code, § 7424)

Upon the filing of a complaint with the city clerk, either by the building inspector or one of his deputies or any member of the police department, that a public nuisance as defined in section 31.45 exists at any location in the city, the city council at its next or some subsequent meeting shall consider the adoption of a resolution directing that a formal hearing be held upon such complaint.

(Ord. Code, § 7425)

Upon the adoption of such resolution as provided for in the preceding section, the time shall be fixed for holding a hearing thereon, and there shall be served a copy of the complaint, together with a copy of the resolution and notice of time of hearing, upon the owner or the occupant of the premises involved; and a copy of such resolution shall be posted in a conspicuous place on such premises.

(Ord. Code, § 7426)

At the time appointed, the council shall hear the evidence presented in support of such complaint provided in for section 31.46 and any other evidence that may be then presented in relation thereto, and shall by resolution make its findings in relation to such complaint, and such findings when so made shall be final.

(Ord. Code, § 7427)

If at such a hearing as provided for in section 31.47 the city council shall find and determine that a public nuisance exists, they shall order the same abated, and the building inspector or the police department shall be ordered to abate the same, and the department so ordered to abate the same shall at once serve upon the owner or the occupant of such premises a notice that unless within forty-eight (48) hours after the service of such notice the public nuisance is abated, then the officer, pursuant to the resolution of the council, will proceed to abate the same.

(Ord. Code, § 7428)

If the owner or occupant fails to abate the nuisance within the time so fixed, then the officer shall proceed to and abate the same, and the council shall order to be paid, and the auditor shall audit and the treasurer shall pay, all sums which may be necessarily expended by such officer in abating such nuisance, and such amount so expended shall become a lien upon the property upon which such nuisance was abated.

(Ord. Code, § 7429)