Article 4 — Miscellaneous

A. Fees. The fees for encroachment permits and design review approval are those established by the City Council by resolution. Before an application for a permit and design review, as appropriate, is accepted, the applicant shall deposit with the Permit Officer cash or a check in a sufficient sum to cover the applicable fees. B. Periodic Payment. At the Permit Officer's option, a public utility and public agency may make periodic payments for the charges billed by the city instead of advance deposit as required in this section. (Ord. 03-04 § 2 Exh. A (part))

A. Landscape Maintenance. Each tree and plant placed in the right-of-way, except those placed by the city, shall be maintained by the abutting property owner in a neat, healthy and safe condition to the satisfaction of the Permit Officer and at no expense to the city. If the tree or plant is not located or maintained as specified in this chapter, the Permit Officer may direct the owner to remove it and restore the right-of-way at the expense of the owner. If the owner fails to remove the encroachment promptly as directed, the Permit Officer may remove it and collect the cost of removal from the owner, together with the city's costs and expenses in enforcing collection. If not paid, the expense of removal and restoration shall be a lien against the abutting property.

B. Stump Removal. When a tree or plant is removed from the right-of-way, the entire stump shall be taken out for a distance of at least two feet below the ground surface, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition. (Ord. 03-04 § 2 Exh. A (part))

No person shall solicit on a commercial or donation basis to place or maintain any number, figure, letter, carving, drawing, design or other marking on any street, sidewalk or curb without a permit. Temporary marks to identify survey or construction locations shall not be subject to this section. (Ord. 03-04 § 2 Exh. A (part))

Any monument of granite, concrete, iron, or other lasting material set or authorized by the city for the purpose of locating or preserving the lines or elevation of a public highway or right-of-way, property subdivision, or a precise survey point or reference point may not be removed or disturbed without the permission of the Permit Officer. Replacement of removed or disturbed monuments shall be at the expense of the permittee. (Ord. 03-04 § 2 Exh. A (part))

In this chapter unless the context otherwise requires: "Permit officer" means and includes the Director of Public Works, the Planning Director, and a designated representative of either of them. "Encroach" includes going on, over or under, or using a right-of-way so as to prevent, obstruct or interfere with the use of that way, including but not limited to the following: 1. Excavating or disturbing the right-of-way; 2. Erecting or maintaining a post, sign, pole, fence, pillar, column, pier, retaining wall, bridge, abutment or the like, on, over, or under the right-of-way; 3. Planting or maintaining a tree, shrub, grass or other growing thing within the right-of-way; 4.

Placing or leaving a refuse container, rubbish, brush, earth or other material on the right-of-way; 5. Constructing, placing or maintaining on, over, under or within the right-of-way a pathway, sidewalk, driveway, or other surfacing, a culvert or other surface drainage or subsurface drainage facility, or pipe, conduit, cable or other fixture; 6. Constructing, placing, planting or maintaining a structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment; 7. Traveling on the right-of-way by a vehicle or object of dimension, weight or other characteristic prohibited by law without a permit; 8. Lighting or building a fire within the right-of-way. "Permanent" means lasting or intended to last six months or more. "Permittee" means a person who holds a permit for an encroachment. "Person" means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, public entity and other entity. "Right-of-way" means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road purposes. "Street" means the full width of the surfaced or traveled portion, including shoulders, of an alley, lane, path, road, street or dedicated to, reserved for, or open to use by or for the general public, or accepted and declared to be part of the city system of streets. (Ord. 03-04 § 2 Exh. A (part))

A. Public Agencies. The requirements of this chapter apply to a public agency, except for the city or its officer or employee in the discharge of official duties, except as otherwise precluded by law. No permit fee may be charged to a public agency for performance of official services as provided by Government Code Section 6103. B.

All Encroachments. The requirements of this chapter, except for design review, are declaratory of existing law and apply to all encroachments, including existing encroachments. (Ord. 03-04 § 2 Exh. A (part))