Vallejo Municipal Code Ch. 10.16 Encroachments on City Property

No person shall encroach on, in, over or under any real property, including easements, owned by the city, by any structure or object of any kind or character, temporary or permanent in nature, and whether such encroachment is real, personal, or mixed property.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

Section 10.16.010 shall not apply to those encroachments which:

A. After applying thereto the provisions of Section 10.16.010, nevertheless have legal sanction to encroach by law; or

B. Are authorized by written agreement made by and between the city and an owner of real property; or

C. Are authorized by a valid, uncancelled permit granted as hereinafter provided in this chapter, or

D. Are authorized by a valid, uncancelled waiver of the requirement for obtaining a permit as hereinafter provided in this chapter.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

A. Application for a permit to encroach on city-owned property shall be made by and in the name of the owner or of a person lawfully entitled to use the real property in connection with which the permit is sought to be obtained, and shall be acknowledged by the applicant.

B. The application shall set forth the name and address of the applicant, the nature and description of the proposed encroachment, the location and description of the city-owned property proposed to be encroached upon, the nature of the applicant's interest in and the location of the property in connection with which the permit is sought to be obtained, the reasons for the application, such other information as may be required by the public works director, and the following provision:

"I/We understand and agree as follows: That any permit issued hereon shall be issued pursuant and subject to the provisions of Chapter 10.16 of the Vallejo Municipal Code, that such permit may be cancelled by the City of Vallejo, acting by and through its Public Works Director, at any time, and that the encroachment must be removed within thirty (30) days thereafter; that no right, title or interest in any property owned by the City of Vallejo shall vest or accrue to me/us by reason of the issuance of such permit or exercise of the privilege given thereby; that I/we will not suffer or permit any dangerous or defective condition of property to exist in connection with exercise of the privilege; and that I/we assume and will pay for all injuries and damage to persons or property arising from or in connection with the exercise of the privilege."

C. The application shall be filed with the director of public works. The director, or his designee, is hereby empowered, in the exercise of his discretion, to deny or withhold approval of a permit if, in his sound judgment, exercise of the proposed permit would interfere with public works contemplated to be constructed in the reasonably foreseeable future, or if in his judgment the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety or convenience. The director, or his designee, may approve the application either as submitted, or subject to such terms and conditions as he shall consider necessary for the safeguarding of life and property.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

The director of public works, or his designee, may waive the requirement for an encroachment permit when, in his judgment, the proposed encroachment would be of such inconsequential nature that it would not justify the drafting of plans, drawings or descriptions. In any such case, the person to whom the waiver is granted shall execute the declaration specified in Section 10.16.030, substituting the word waiver for the word "permit."

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

If approved, the director of public works or his designee shall issue an encroachment permit. Each permit (or waiver issued under Section 10.16.040) shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit or waiver shall be deemed to transfer any right, title or interest of the City. The City may cancel a permit or waiver at any time and thereby terminate encroachment privileges.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

By acceptance of performance of the privileges or any part thereof under such permit, the permittee, or his heirs, successors or assigns, shall not allow, by commission or omission, any dangerous or defective condition to exist at any time in, on, under or across the part of such easement covered by said permit, and shall assume and pay for all injuries or damage caused to any person thereby. The use of the term "permittee" includes any person to whom a waiver is granted.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)

Encroachments permitted under this chapter, whether by permit or waiver, shall be removed immediately after cancellation or expiration of the permit. The city may also demand the removal of any unauthorized encroachment. Any encroachment not removed is hereby declared to be public nuisance. Failure, neglect or refusal to remove an encroachment within thirty days after notice by the city shall constitute an infraction, and as a cumulative remedy the city may remove such encroachment and collect the entire cost and expense thereof from the person responsible therefor, or by appropriate action in court compel its removal or abatement, and such reasonable attorney fees as may be fixed by the court. The city may summarily remove any encroachment which obstructs or prevents the use of a street or right-of-way by the public, or which poses an immediate safety hazard. The city may collect the entire cost and expense for such summary removal from the person responsible therefor.

(Ord. 369 N.C.(2d) § 1 (part), 1977.)