Scotts Valley Municipal Code Art. I General Terms

For the purposes of this chapter, the following terms, phrases, and words, and their derivations, shall have the meanings given herein:

A. "Encroachment" means any structure, object or improvement of any kind or character whatsoever, placed, erected or constructed, either in, under or over any public street, including, without limiting the foregoing, any advertising sign or device on or extending over any part of a public street.

B. "Public street" means all or any part of the entire width of right-of-way of a public street of the city or of any unaccepted street offered for dedication to the city, whether or not such entire area is actually used or improved for street purposes.

(Ord. 56 § 1, 1973)

Any opening, excavation or encroachment created, erected, constructed, placed or permitted to remain contrary to the provisions of this chapter or any other ordinance of the city is declared to be a public nuisance, and without limiting any other remedy provided for violation of the ordinances of the city, may immediately be removed or abated by the director of public works or his/her designee without notice.

(Ord. 56 § 2, 1973; Ord. No. 56.1, § 1, 10-19-2011)

Without limiting Section 12.08.020, any person causing, creating, erecting, or constructing, placing or owning any encroachment or excavation contrary to provisions of this chapter or any other ordinance of the city shall remove or abate the same at his sole expense within ten days, or such further period of time as specified in the notice, after written notice to do so by the director of public works. Such notice shall be served on such person or left at his place of business or residence, or if neither can be found after due diligence, then by posting on or at the encroachment.

If the encroachment is not removed or abated in accord with such notice it may thereafter be removed or abated by the director of public works, and all costs of removal and restoration of that portion of the street from which it was removed shall be a lien against all property in the city of the person owning, causing or creating the encroachment. In the case of a revoked encroachment permit, such lien shall be in addition to liability under the permittee's bond.

(Ord. 56 § 3, 1973)

All permitted encroachments under this chapter shall be constructed to the standards and specifications as established by the director of public works.

(Ord. 56 § 4, 1973)

Unless otherwise specifically set forth in the permit issued under this chapter each permitted encroachment shall be kept in maintenance and repair by the permittee at his sole cost and expense. Upon the failure of the permittee to maintain or repair an encroachment after ten days' written notice to do so from the director of public works, such permit shall automatically be revoked without notice, and the provisions of Sections 12.08.010 and 12.08.020 shall otherwise be applicable thereto. If, however, in the opinion of the director of public works, it is for the better interest of the city to maintain such encroachment rather than to remove or abate it, the cost of maintenance shall be a covered liability under the permittee's bond.

(Ord. 56 § 5, 1973)

In addition to the penalty provided in Chapter 1.08, and in addition to any other penalties or remedies provided herein, every person who, after notice, fails to remove or abate an encroachment in accord with Section 12.08.030 shall be liable for a penalty of fifty dollars per day for every day such encroachment remains unremoved or unabated.

(Ord. 56 § 6, 1973)