Portola Municipal Code Ch. 12.04 Street Encroachments

As used in this chapter, encroachment includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand, building excavation, or any structure or object of any kind or character not particularly mentioned in this section which is placed in, under, or over any portion of the entire width of right-of-way of a city street or easement of way. Additionally, any intentional, substantial interference with, or with the use of, such an easement or street shall be considered an encroachment.

(Ord. 128 § 1, 1972)

A. It is unlawful for any person to make any encroachment or do any of the acts listed in subsection B of this section without first obtaining a written permit from the superintendent of public works.

B. The superintendent of public works may issue written permits to do any of the following:

1. Opening or excavation of any public easement on street;

2. Placing, changing, or replacing an encroachment;

3. Placing or display on, or over any public easement or street of any kind of advertising sign or device. Any such sign or device so placed, without valid permit, is a public nuisance and may be summarily abated;

4. Planting, placing, changing or removal of any tree or plant life on any public easement or street.

C. Any act done under authority of a valid permit shall be done according to the provisions of this chapter and the conditions of the permit.

D. Any permit issued shall require the permittee to provide for repair or replacement necessary.

E. Each permittee shall be required to furnish a bond or cash deposit, or other adequate security sufficient to pay for repair or replacement costs that might result from the actions of permittee to the easement on street. (Ord, 128 § 2, 1972)