Stanton Municipal Code Ch. 12.12 Encroachments

A. Definitions. The following definitions are applicable within this chapter 12.12:

"City property"

means both of the following: (1) any easement or license granted to the city; or (2) any real property owned by the city.

"Encroachment permit"

means a permit issued by the city engineer authorizing work on or within city property or the public right-of-way.

"Facilities"

means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any city property or public right-of-way.

"Public right-of-way" or "right-of-way"

means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.

"Work"

means any activity on or within city property or the public right-of-way that impacts or has the potential to impact facilities.

B. Unauthorized Work.

1. Subject to subsection (C) below, it is a misdemeanor for any person, firm, corporation, or entity to perform work on or within city property or the public right-of-way, without first obtaining a valid encroachment permit in compliance with this section.

2. Subject to subsection (C) below, it is a misdemeanor for any person, firm, corporation, or entity to perform work on or within city property or the public right-of-way, in violation of any terms or conditions imposed by an encroachment permit issued for the work.

3. Any person, firm, corporation, or entity who violates the provisions of this chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues.

C. Exceptions. Subsections (B)(1) and (B)(2) shall not apply to any of the following:

1. Activities by any city employee conducted in the course of their employment.

2. Activities authorized by the city in writing.

3. Actions by first responders and/or members of the public to render assistance or medical care to another person at the scene of an emergency.

D. Penalties. In addition to any other remedies available at law or equity or provided under any other city ordinance, upon discovering a violation of subsection (B)(1) or (B)(2) above, the city may:

1. Require the immediate stoppage and removal of any work-related equipment, connections, or tools from city property or the public right-of-way;

2. After notice in accordance with city standards, terminate water and/or sewer service of any individual or entity responsible for the work; and

3. Charge the perpetrator an administrative citation as provided for under Section 1.12.070 of the of the Stanton Municipal Code.

E. Payment and appeal procedures. The payment and appeal procedures for violations of this chapter shall be as set forth in Title 1 of the Stanton Municipal Code, as applicable.

F. All applications to the state or any agency thereof for encroachment permits over or access to state highways within the city shall be submitted to the city engineer for approval.

(Prior code § 12.16.010; Ord. 1135, 11/24/2023)

If the city engineer refuses approval, the applicant may within ten days after written notice ask review by the city council by written request therefor.

(Prior code § 12.16.020)

The city council within twenty days after receipt of such request for review shall hold a hearing on the application. Action by the council shall be final.

(Prior code § 12.16.030)