Chapter 12.15 — REMOVAL OF PHYSICAL ENCROACHMENTS FROM PUBLIC RIGHTS-OF-WAY

The purpose of this chapter is to provide for removal of unauthorized physical encroachments in public rights-of-way.

(Ord. No. 455, § 1, 10-10-06)

As used in this chapter:

(a)

The term "public right-of-way" includes any town street, sidewalk, pedestrian path, bike path, alley or any other "public way," as that term is defined in the California Streets and Highways Code.

(b)

The term "physical encroachment" includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any public right-of-way.

(Ord. No. 455, § 1, 10-10-06)

The community development director, or his/her designee, or the public works director/town engineer, and/or designee, may immediately remove, or by notice may require the removal of, any of the following physical encroachments:

(a)

A physical encroachment which obstructs or prevents the use of a public right-of-way.

(b)

A physical encroachment which consists of refuse or discarded furniture.

(c)

A physical encroachment which is a traffic hazard.

(d)

A physical encroachment which is an unauthorized advertising sign or device of any description. The community development director, or designee, may return such sign or device to its owner, or otherwise dispose of it in his or her discretion, except that if the community development director, or designee, determines in good faith that the sign or other device is of more than nominal value, he or she shall not dispose of it until he or she has made a reasonable attempt to identify and notify the owner of the sign or device and provided a reasonable time for the owner to retrieve it under provisions of this chapter. The return of such sign or device to its owner may be conditioned upon payment of an amount sufficient to reimburse the town for the expense of removal.

The community development director, or designee, or the public works director/town engineer, or designee, may recover from the person causing any of the above physical encroachments in an action brought in the name of the town for that purpose, the court costs of the town, the expense of such removal, and any other damages caused by the physical encroachment.

(Ord. No. 455, § 1, 10-10-06)

If the community development director, or designee, elects not to immediately remove a physical encroachment, he or she shall serve a notice to remove the physical encroachment upon the person causing, controlling or owning it or shall be left at the place of residence or business of such person, if known. The notice shall specify the place and extent of the physical encroachment, and shall require the removal of such physical encroachment within no more than two days.

(Ord. No. 455, § 1, 10-10-06)

It shall be unlawful for any person to cause an unauthorized physical encroachment to be within a public right-of-way. The person causing, owning, or controlling the physical encroachment shall be guilty of an infraction punishable by a fine of three hundred fifty dollars for each day the physical encroachment is present in a public right-of-way.

(Ord. No. 455, § 1, 10-10-06)

If the physical encroachment is not removed within the time provided in the notice, the community development director, or designee, may remove the physical encroachment at the expense of the person causing, owning or controlling the physical encroachment. The town may recover from the person, in an action brought in the name of the town for that purpose, the town's court costs and the expense of removal and also a penalty of three hundred fifty dollars for each day the physical encroachment remained in the right-of-way.

(Ord. No. 455, § 1, 10-10-06)