Salinas Municipal Code § 30-48 Same—Summary removal

Footnotes:

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Note— Prior ordinance history: Ords. 760 (NCS), 1239 (NCS) and 1392 (NCS).

(a) All references to "city engineer" shall mean the city engineer or their designee.

(b) All references to "fire chief" shall mean the fire chief or their designee.

(c) All references to the "Zoning Code" shall mean Chapter 37. Zoning of the city of Salinas Municipal Code.

(d) All references to "department" shall mean the city of Salinas development and engineering services department.

(e) All references to "permit center" shall mean the city of Salinas permit center.

(f) All references to "City Code or Code" shall mean the city of Salinas Municipal Code.

(g) All references to "days" shall mean calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday, or holiday, it shall be extended to the next full day in which the offices of the city of Salinas development and engineering services department are open for business.

(Ord. No. 2475 (NCS), § 1.)

When used in this article, the following words shall have the meanings ascribed to them in this section.

(a) "Automated teller machine (ATM)" means an unmanned machine that customers use to perform financial transactions including deposits and withdrawals of currency.

(b) "Bus bench" means a seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation at an approved bus stop.

(c) "Bus stop sign" means a sign located upon public property along any public way for the marking of an approved bus stop. This definition is applicable to this article only.

(d) "Encroachment" means any pipe, conduit, cable, service pipe, wire, water main, gas main, public utility main/facility, appliance, obstruction, pole, track, sidewalk cafe, automated teller machine (ATM), bus bench, shelter, or bus stop sign, or newspaper rack or dispenser and any physical appurtenances to the foregoing in, under, or upon any street, alley, sidewalk, or public place in the city.

(e) "NPDES" means National Pollutant Discharge Elimination System.

(f) "Public utility/facility" means every common carrier, pipeline, gas, telephone, telegraph, water, sewer, or heating corporation, sewer system, or other corporation or facility or as may otherwise be defined in Section 201-248 of the Public Utilities Code, where the service is performed for, or the commodity is delivered to, the public or any portion thereof.

(g) "Sidewalk café" means a commercial use where patrons are served food and/or beverages for on-premise consumption in a designated outdoor seating area (with tables and chairs) that is located in a portion of the public right-of-way (sidewalk). Such uses are typically operated in conjunction with a ground floor business occupancy such as a restaurant, bar, or similar commercial use.

(h) "Shelter" means any structure located upon public property along any public way for the accommodation of passerby or persons awaiting transportation at an approved bus stop.

(i) "Street" means any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way.

(Ord. No. 2475 (NCS), § 1.)

(a) It is unlawful for any person to lay, place, construct, reconstruct, improve, repair, control, or maintain, or cause to be laid, placed, constructed, reconstructed, improved, repaired, controlled, or maintained, any encroachment or encroachments in or under any street, sidewalk, alley, or public place in the city without first receiving an encroachment permit issued by the city engineer in accordance with the requirements of this article.

(b) No provision of the permit or of this article shall be deemed to constitute a contractual obligation.

(c) An application for an encroachment permit shall be initiated by submitting an application and required fees to the permit center. Applications shall be required on forms provided by the development and engineering services department.

(d) The accuracy of all information and plans submitted shall be the responsibility of the permittee. The city engineer may reject an application as incomplete that does not supply the required information or that includes inaccurate or incomplete information.

(e) In the case of land subdivisions, which have been considered and approved pursuant to the provisions of Chapter 31 of this Code, the approval of the subdivision by the city council shall make unnecessary any permit under this section as to any lands which are included in the approved subdivision final map.

(Ord. No. 2475 (NCS), § 1.)

Cross reference— As to licenses generally, see Ch. 19 of this Code.

Except as in this section otherwise expressly provided, every person now owning, operating, using, controlling, or maintaining any encroachment or encroachments in or under any street, alley, sidewalk, or public place shall file with the city engineer an application, in writing, requesting permission to operate, control, and maintain an encroachment or encroachments therein, or forthwith, at his own expense, remove all such encroachment or encroachments from such streets, alleys, sidewalks, or public places, and replace such streets, alleys, sidewalks, or public places in as good condition as before. There shall be filed with each such application a verified statement designating and specifying the precise location, depth, size, and description of every such encroachment owned, operated, controlled, and maintained by permittee. All such work of removal shall be done and performed by owner, or the person operating, controlling, or maintaining such encroachment, in the time and manner designated by the city engineer. The provisions of this section shall not be applicable to any person to whom a permit or franchise has heretofore been issued by the council or the city engineer for the construction, use, or maintenance of such encroachment or encroachments, and while such permit continues in effect or is not revoked.

It is unlawful for any person to furnish, deliver, convey, or transfer, or cause to be furnished, delivered, conveyed, or transferred, any water, gas, or other public utility to any customer, consumer, or premises, through any water main, sewer main, other public utility main, or service pipe for which an application for a permit under this section has not been filed as herein provided. In the event such application is filed and denied, it shall thereafter be unlawful for any person to furnish, deliver, convey, or transfer, or cause to be furnished, delivered, conveyed, or transferred, any water, gas, or other public utility to any customer, consumer, or premises, or otherwise, through any such water main, gas main, public utility main, or service pipe.

(Ord. No. 2475 (NCS), § 1.)

Upon receipt of an accurate and complete encroachment application therefor accompanied by payment of all fees and submittal of all other information as may be required, the city engineer shall issue an encroachment permit in which he may impose reasonable conditions as to location, relocation, maintenance, operation, depth, and manner of construction of any encroachment or encroachments in or under any such streets, alleys, sidewalks, or public places.

(Ord. No. 2475 (NCS), § 1.)

Any permit issued under the provisions of this article shall provide that the permittee will pay the entire expense of replacing the streets, alleys, sidewalks, and public places in accordance with the design standards and standard specifications approved by the city council and/or the city engineer, and currently in effect. The permit may provide such other conditions as to location, depth and manner in which the work is to be done as the city engineer finds necessary for the protection of such streets, alleys, sidewalks and public places, or for the safe and convenient use thereof by the public. Each permit shall prescribe and designate the location and manner of construction of each encroachment so as to eliminate or minimize danger to such streets, alleys, sidewalks and public places which may result from the laying, placing, constructing, repairing and maintenance of such encroachments.

Whenever public utility easements are laid out and designated upon any recorded map of any real estate subdivision which has been approved and accepted by the council, or the city engineer as provided for in this Code, the city engineer may require owners of utilities to construct their improvements within the boundaries of such public utility easements. Whenever application is made to lay, place or construct any encroachment or encroachments within the boundaries of any proposed real estate subdivision, no permit therefor shall be issued until such real estate subdivision has been approved and accepted by the council.

(Ord. No. 2475 (NCS), § 1.)

The city engineer may require the permittee to file a bond, or a corporate surety approved by the city engineer, conditioned that the permittee shall well and truly observe, fulfill, and perform each term and condition of the permit, and that in case of any breach of condition of the bond, the amount of the penal sum therein named shall be recoverable by the city from the principal and sureties upon the bond. The bond shall not be effective unless and until approved by the city attorney.

The bond, if required by the city engineer, shall be filed with the department concurrent with permit issuance. The terms of the permit shall provide, whenever a bond is required, that such permit shall not be effective unless and until such bond has been filed with the department and approved by the city engineer and the city attorney. The amount of the bond shall be in the amount commensurate with improvement costs. The city engineer may require of such permittee a bond in a sum not to exceed ten percent above said improvement amount if such permittee has in fact prior to such application failed to comply with the provisions of this article or with the provisions of a previous permit. The city engineer reserves the right to require surety other than a bond, as he deems necessary or appropriate.

(Ord. No. 2475 (NCS), § 1.)

The permittee shall, throughout the duration of the encroachment permit, maintain comprehensive general liability and property damage insurance, or commercial general liability insurance, covering all operations including those of its agents and employees, performed in connection with the permit. Such insurance shall be provided and maintained at limits and amounts and in a form and manner set forth by the city.

(Ord. No. 2475 (NCS), § 1.)

The permittee shall indemnify, defend, and hold harmless the city and its officers and employees, from any and all liability for damages proximately resulting from any operation under such permit and shall, as required and as determined appropriate by the city attorney, enter into an agreement acknowledging such obligations of the permittee.

(Ord. No. 2475 (NCS), § 1.)

All permits issued pursuant to this article or otherwise issued are revocable on five days' written notice by the city engineer, and the encroachment or encroachments shall be lowered, removed, or relocated within thirty days of the notice or as may be specified by the city engineer in the notice revoking the permit, which time shall not be less than such five days, unless the permit so provides. No refund of any fee paid prior to such revocation will be made.

(Ord. No. 2475 (NCS), § 1.)

Whenever a written notice or demand is required to be served pursuant to this article, such service may be made by serving such written notice or demand personally upon the permittee or the assignee of any such permittee, or upon any person who possesses, owns, or controls such encroachments, at least five days before the time designated by the city engineer for the commencement of the work of removal or relocation. In the event the name or place of residence of any permittee, or owner of any encroachment, is unknown, service of such notice may be made by posting a copy thereof in a conspicuous place on each street, alley, sidewalk, or public place where such encroachment exists, at least five days before the time designated for the commencement of the work of such removal or relocation, and no further service thereof shall be required.

(Ord. No. 2475 (NCS), § 1.)

The permittee shall at all times be subject to all reasonable orders of the city engineer, and to all rules, regulations, laws, and ordinances of the city and the state of California, for the protection, maintenance, or improvement of the streets, alleys, sidewalks, and public places or the safe and convenient use thereof by the public.

(Ord. No. 2475 (NCS), § 1.)

It is unlawful for any person to lay, place, construct, or locate any water, gas, or other public utility main in or under any street, alley, sidewalk, or public place in the city at a depth of less than thirty inches below the surface of such street, alley, sidewalk, or public place, or to lay, place, construct, or locate any water service pipe, gas service pipe, or other public utility service in or under any such street, alley, sidewalk, or public place at a depth of less than twenty-four inches below such surface. No permit shall be issued authorizing any person to lay, place, construct, or locate any such water, gas, or other public utility main at a depth of less than thirty inches beneath such surface or any water service pipe or gas service pipe at a depth of less than twenty-four inches below such surface.

(Ord. No. 2475 (NCS), § 1.)

The following additional requirements shall apply to encroachment permits for sidewalk cafes (referred to herein as sidewalk cafe encroachment permits).

(a) Purpose. The purpose of this section is to:

(1) Establish a process to allow outdoor seating for restaurants, bars, and similar commercial uses, including accessory on-sale (on-premise) alcohol sales, within a portion of the public right-of-way (sidewalk area) under specified conditions and requirements; and

(2) Encourage lively, pedestrian-oriented development throughout the city, especially where wider sidewalks and public open spaces enhance the streetscape and civic life. These wider sidewalks and public open spaces provide opportunities for economic activities that stimulate a pedestrian environment and social vitality, thereby enhancing the quality of life for our residents and visitors.

(b) Applicability.

(1) Sidewalk cafes shall be limited to commercially zoned locations where the sidewalk width is a minimum of ten feet as measured from the street curb face to the street property line, and traffic speeds are posted for thirty-five MPH or less due to the street design or designation; and

(2) Sidewalk cafes shall only be established in conjunction with ground floor business occupancies such as restaurants, bars, and similar uses as approved by the city engineer.

(c) Permit Required.

(1) All sidewalk cafes shall require a sidewalk cafe encroachment permit issued by the city before commencement of the use.

(2) The city engineer shall have the authority to approve or deny an application for a sidewalk cafe encroachment permit and to determine whether said use conforms to all applicable City Code requirements, except that the concurrence of the redevelopment director shall be required prior to the approval of any sidewalk cafe encroachment permit located within the boundaries of the sunset or central city redevelopment project areas.

(d) General Requirements.

(1) Sidewalk cafes shall be subject to all of the requirements of this section and this article in addition to all other applicable provisions of the City Code and to the design standards, performance standards for the zoning district (in which the sidewalk cafe is located) as contained in the Zoning Code except as otherwise provided for in this section.

(2) No additional on-site parking shall be required in conjunction with any sidewalk cafe. This exception shall not apply to outdoor eating areas or related indoor activities that are located on private property.

(e) Operational Standards.

(1) Hours of Operation. The hours of operation of the sidewalk cafe shall be limited to the hours of operation for the business to which it is accessory.

(2) Use. Sidewalk cafe uses shall be limited to the sale and on-site consumption of food and/or beverages unless otherwise authorized by the city engineer or this Code.

(3) Location.

(A) Permitted sidewalk cafe areas shall be determined by the city engineer based on the street/sidewalk frontage of the business occupancy and the distance (width) between the street curb and the street property line of the sidewalk in front of the business occupancy (the sidewalk must be at least ten feet in width), the clear paths of travel necessary to accommodate the level of existing and anticipated pedestrian activity along the street, and the existing sidewalk character.

(B) Sidewalk cafes shall be located in the sidewalk area directly in front of the business occupancy (as measured perpendicular from the applicable building/tenant space). No portion of a sidewalk cafe shall encroach or extend into the sidewalk area of an adjoining building/tenant space, unless otherwise authorized by the city engineer.

(C) Satellite sidewalk cafes (areas located adjacent to the street rather than the building/tenant space) are allowed if they meet the performance standards relating to sidewalk width and clear passage for pedestrians, and a minimum of three feet (as measured from the curb) is provided to allow for vehicle doors/overhang and to minimize exposure to vehicles and associated impacts thereof. A minimum of six feet (free of all obstacles for a clear path of travel for pedestrians) with a generally straight alignment shall be maintained on the sidewalk at all times.

(D) Sidewalk cafes shall be designed and operated so that unsafe conditions are not created for the physically disabled, blind, or partially sighted. The city engineer may require additional sidewalk width when warranted by pedestrian traffic volumes.

(E) Sidewalk cafes shall not obstruct access to any building/tenant space. This includes all paths of travel and/or ingress/egress for the sidewalk cafe and any abutting building/tenant space as follows:

(i) A minimum clear distance of two feet shall be required on each side of the doorway entrance to the business occupancy and sidewalk cafe;

(ii) A minimum clear distance of six feet shall be provided between the nearest point of the doorway entrance of any abutting building/tenant space and the perimeter of the sidewalk cafe unless otherwise approved by the city engineer.

(F) No portion of a sidewalk cafe shall be located below a fire escape.

(4) Maintenance. The operator/permittee of the sidewalk cafe shall maintain all tables, chairs, service areas, landscape planters, trash containers, enclosures, and other support facilities/furnishings in an orderly, clean, and sanitary condition at all times. The operator/permittee shall:

(A) Clean (sweep and pick-up, vacuum, and/or hand wipe, as appropriate) the designated area and features/furnishings every day to ensure waste generated from the use does not litter the adjacent street or sidewalk;

(B) Remove all graffiti and sticky substances (e.g., gum) from the area and support facilities/furnishings and sidewalk on a daily basis;

(C) Power wash/scrub the designated area a minimum of four times per year (at least once per quarter), conforming to city's NPDES and stormwater management plan requirements;

(D) Not place, store, or stack food trays/carts, dirty dish receptacles, linen/utensil trays, cooking appliances, and related facilities on any portion of the public sidewalk or street;

(E) Remove all tables, chairs, umbrellas, and other furnishings from the sidewalk cafe area at the end of each business day unless otherwise approved by the city engineer;

(F) Provide at least one covered outdoor trash container in the sidewalk cafe area during the hours of operation for any establishment. The trash container shall be maintained in a clean and sanitary condition at all times;

(G) Maintain all landscaping planters and boxes with seasonal blooming and/or ornamental evergreen plants (in a live, healthy, and growing condition) including regular watering on an on-going basis year round; and

(H) Maintain and replace, as needed, all support facilities/furnishings (e.g., awnings, canopies, umbrellas, windscreens, tables and chairs) that are weathered, discolored, faded, ripped, frayed, scratched, damaged, vandalized and/or are in an otherwise unsightly condition.

(5) Amplified Sound. Amplified sound shall be prohibited within a sidewalk cafe except as otherwise authorized by the city pursuant to a live entertainment permit, special events permit, or other applicable city approval.

(6) Sidewalk Alteration or Modification. The sidewalk shall not be painted, re-constructed, or altered in any way without the written approval of the city engineer. Any modifications to the sidewalk shall require the operator/permittee to secure an encroachment permit for said work.

(7) Outdoor Heaters and Fire Pits/Places. Outdoor heaters and fire pits/places may be utilized within the sidewalk cafe subject to meeting all applicable requirements under Article 11 of the 2001 California Fire Code and the approval of the fire chief and the city engineer. Such devices shall be (UL) approved by the Underwriters Laboratory, Inc. The number, type, and location of any proposed outdoor heaters and fire pits/places shall be shown on the site plan included with the application.

(8) Compliance with Other Laws. The operator/permittee of the sidewalk cafe shall at all times comply with all federal, state, and local laws including, but not limited to, those regulating the sale, service, and consumption of alcohol or food.

(f) Design Standards.

(1) Enclosures.

(A) The perimeter/area of the sidewalk cafe shall be defined by an enclosure consisting of railings, fencing, and/or landscape planters or a combination thereof unless waived by the city engineer. An awning or canopy may be attached to an enclosure subject to the approval of the city engineer and the issuance of applicable permits.

(B) Sidewalk cafe enclosures shall be constructed of high quality, fire-resistant, durable materials that are architecturally harmonious with the existing building and complement existing landscaping, lighting fixtures, and pedestrian-oriented elements found in the surrounding streetscape.

(C) When landscape planters are incorporated into the sidewalk cafe enclosure, the planters shall be constructed of high quality and durable materials, with a mass and weight that discourages theft, vandalism, or movement. Such planters shall not be permanently affixed to the sidewalk.

(D) The maximum height of the sidewalk cafe enclosure shall not exceed forty-two inches (inclusive of plant materials). Sidewalk cafes shall not be located within the extended sight visibility triangle as determined by the city engineer.

(E) Transparent removable windscreens are permitted in order to extend the seasonal use of the sidewalk cafe area. The windscreens shall generally not exceed a maximum height of five feet unless approved by the city engineer.

(2) Furnishings.

(A) Sidewalk cafe furnishings may consist of tables, chairs, planters, umbrellas and related items. All furnishings shall be moveable.

(B) The furnishings shall be high quality, commercial grade, and manufactured for outdoor use.

(C) The design of the furnishings shall complement the architectural character of the abutting building and be harmonious with street lighting and other fixtures.

(D) When used, umbrellas shall maintain a minimum of seven feet of vertical clearance to the bottom edge of the umbrella. No portion of the umbrella shall extend into the public right-of-way beyond the designated perimeter of the sidewalk cafe.

(E) Awnings and Canopies.

(i) All awnings/canopies shall be subject to the design standards of the applicable zoning district as required in the Zoning Code except that the city engineer may authorize deviations to those requirements as deemed appropriate.

(ii) No supporting poles and/or columns for overhead awnings or canopies shall be permitted in the public right-of-way except when attached to and incorporated as part of the sidewalk cafe enclosure.

(iii) All awnings and canopies shall be fire-resistant.

(3) Signage. All signs shall be subject to the requirements of the Zoning Code.

(4) Lighting.

(A) Building-mounted lighting shall complement the architectural style of the building.

(B) Lighting shall not be glaring to pedestrians or vehicles and should illuminate only the area of the sidewalk cafe and the activities within.

(C) Battery-operated table lamps and individual table candles with wind/protective screens are permitted subject to the approval of the fire chief.

(D) Extension cords, generators, and open-flame lamps (e.g., tiki torches) shall not be allowed.

(E) If lighting is proposed, a lighting plan shall be included with the application.

(g) Expiration—Transferability.

(1) Expiration. A sidewalk cafe encroachment permit approval shall expire one year from the date of approval by the city engineer (and annually thereafter) unless the renewal fee is paid to the city by the operator/permittee of the sidewalk cafe prior to the expiration date of the permit.

(2) Transferability. The permit shall not be affected by changes in ownership.

(Ord. No. 2475 (NCS), § 1.)

The following additional requirements shall apply to encroachment permits for bus benches, shelters, and bus stop signs:

(a) Traffic and Transportation Commission Approval.

(1) An encroachment permit application for a bus bench, shelter, or bus stop sign shall not be issued by the city engineer until its location has been approved by the traffic and transportation commission unless the permittee has provided the written approval (in a form and manner approved by the city engineer) of all owners of real property located within a one hundred foot radius of the subject encroachment as shown on the latest equalized assessment roll at the time of the application submittal. If such written approval is provided and the application for an encroachment permit for a bus bench, shelter, and bus stop sign meets all the requirements of this article, the city engineer is authorized to issue the application and the approval of the traffic and transportation commission shall not be required. The city engineer shall have the discretion; however, to refer any decision on an application to the traffic and transportation commission for approval when deemed in the public interest.

(2) The traffic and transportation (or the city engineer as provided for in this section) shall have the authority to approve or deny an encroachment permit for a bus bench, shelter, or bus stop sign applied for under this article.

(3) A separate encroachment permit shall be obtained for each bus bench, shelter, or bus stop sign.

(b) Removal of Bus Bench, Shelter or Bus Stop Sign. After the revocation of any permit, the city engineer may remove and store the sign, bench, or shelter, if the permittee fails to do so within ten days after notice. After sixty days, the city may sell, destroy, or otherwise dispose of the sign, bench, or shelter as surplus property. Whenever a bench for which a permit has been issued has been sold, or title or control thereof is transferred, a new permit shall be obtained by the new owner for its location and maintenance.

(c) Moving Prohibited; Inspections and Maintenance. No person, company, or agency shall move, re-install, or maintain any sign, bench or shelter at a point or location other than that specified therefore by city approval for such sign, bench or shelter. It shall be the duty of the permittee to maintain each sign, bench, or shelter at all times in a safe and clean condition and in the proper state of repair. To insure proper conditions, the owner shall inspect each sign, bench, or shelter at frequent intervals.

(d) Limitation on Display. No advertisement, sign, printing or writing on any sign, bench, or shelter shall display the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol, or character calculated to interfere with, mislead or distract traffic.

(Ord. No. 2475 (NCS), § 1.)

Whenever a franchise or permit has been granted by the county of Monterey in any county street, alley, sidewalk, or public place which has been or is subsequently constituted a street, alley, sidewalk, or public place of the city, the city engineer may enforce any obligations of the grantee, permittee, or holder of such franchise, in respect to the repair of the street. The city engineer may require any person who has placed and maintained any encroachment or encroachments in or under any street, alley, sidewalk, or public place, whether under such or any franchise or permit, to move, lower, or relocate the same at his own cost and expense to such different location or depth in such street, alley, sidewalk, or public place as is specified in a written demand of the city engineer, whenever necessary to insure the safety of the public or to permit the improvement of such street, alley, sidewalk or public place. The city engineer shall specify in the demand a reasonable time within which the work of lowering or relocation shall be commenced, and the grantee, permittee, or owner shall commence such lowering or relocation within the time specified in said demand and thereafter diligently prosecute the same to completion, and complete such lowering or relocation within the time specified in such demand.

In case the grantee, permittee, or owner fails to comply with any such demand, the encroachments specified in the demand become subject to the provisions of Sections 30-46 to 30-50, except that no further notice is required.

(Ord. No. 2475 (NCS), § 1.)

Any encroachment existing within or under any street, alley, sidewalk, or public place in the city contrary to the provisions of this article is declared to be a nuisance and may be abated by the city as further set forth herein or as may be permitted under the law.

(Ord. No. 2475 (NCS), § 1.)

The city engineer may immediately remove from any street, alley, sidewalk or public place, any encroachment when such removal is required for the protection of such street, alley, sidewalk and public place or for the safe and convenient use thereof by the public, and which encroachment:

(a) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of notice; and

(b) Prevents or interferes with the repair or improvement of any street, alley, sidewalk or public place.

(Ord. No. 2475 (NCS), § 1.)

The city engineer may remove any encroachment on the failure of the owner, or person using or controlling such encroachment, to comply with the notice or demand of the city engineer given pursuant to the provisions of this article, and the city may recover the expense of such removal, costs and expenses of suit, and, in addition thereto, the sum of one hundred fifty dollars for each day such encroachment remains after the expiration of five days from the service of the notice or demand.

(Ord. No. 2475 (NCS), § 1.)

The entire expense of such removal of a nuisance as prescribed by Section 30-47 shall constitute a lien upon all property of the owner and the person operating and controlling such nuisance, and the city shall have an action to foreclose such lien.

(Ord. No. 2475 (NCS), § 1.)

(a) It shall be the duty of the city engineer, the city attorney, and all officers and employees of the city of Salinas herein charged by law with the enforcement of this article, to enforce all provisions of this article.

(b) In addition to any remedy otherwise set forth in this article, or otherwise set forth in this Code, any person, firm or corporation, whether as principal or agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the Monterey County Jail for a term not to exceed one hundred eighty days or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each day during any portion of which any violation of this article is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. Alternatively, in the discretion of the city attorney, any violation of this article may be prosecuted administratively pursuant to the city's Administrative Remedies Ordinance, or as otherwise permitted by the City Code or state law.

(Ord. No. 2475 (NCS), § 1.)

Any request for a modification of an approved encroachment permit shall require the submittal of a new application to the permit center unless otherwise determined by the city engineer.

(Ord. No. 2475 (NCS), § 1.)