§ 17.18

The purpose of this chapter is to promote the health, safety and general welfare of persons and property within the city by preventing the encroachment which prevents and/or interferes with the use of any public right-of-way and public property by the public.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.18.020 - Authority to remove encroachments.

A.

The city engineer, or his/her designee, may immediately and summarily abate, remove, or by notice may require the removal of any of the following encroachments:

1.

Any encroachment which prevents and/or interferes with the use of any public right-of-way by the public;

2.

Any encroachment which consists of refuse, trash, garbage, construction debris, or containers for refuse, trash, garbage, or construction debris (except for garbage receptacles on designated trash pick-up days or in connection with official trash collection);

Any encroachment which presents a potential traffic hazard;

4.

Any encroachment of public property.

B.

The city engineer may return such encroachment to its owner, or otherwise dispose of it at his/her discretion, except that if the city engineer determines in good faith that the encroachment is of more than nominal value or is of significant personal value, he/she shall not effect such other disposition until he/she has made a reasonable attempt to identify and notify the owner of the encroachment and provide a

reasonable time, but not less than ten days, for the owner to retrieve it under provisions of this chapter. The return of such encroachment may be conditioned upon payment of an amount sufficient to reimburse the city for the expenses of removal, storage and any damage caused by the encroachment. If the encroachment is not claimed or the costs paid within said reasonable time, the encroachment shall be deemed to be abandoned and may be sold, destroyed, or transferred to the city for public use.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The city engineer may, by notice, require the removal of any encroachment not specified in Section 17.18.020 (Authority to Remove Encroachments) of this chapter from any public right-of-way or public property.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The notice referred to in Sections 17.18.020 (Authority to Remove Encroachments), 17.18.030 (Notice to Remove Encroachment) and 17.18.070 (Notice of Seizure and Hearing) of this chapter shall be served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence or business of such occupant, owner or person if such place is in the city. If the person upon whom notice is to be served does not reside or do business in the city, the notice shall be prominently posted on the encroachment. The notice shall specify the breadth of the public right-of-way or public property, the place and extent of the encroachment, and shall require the removal of such encroachment within forty-eight hours or such longer period of time as the city engineer deems appropriate.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.18.050 - Removal of encroachment at owner's expense.

A.

If the property owner (or person responsible for the encroachment) admits or fails to deny, within the time provided in Section 17.18.020(B) of this chapter, that an encroachment exists under Section 17.18.020 (Authority to Remove Encroachments) or 17.18.030 (Notice to Remove Encroachment) of this chapter, and if the encroachment is not removed within the time period set forth on the notice from and after service or posting of the notice, the city may remove the encroachment at the expense of the owner of the encroachment, the owner of the land, or any other person causing or allowing the encroachment to exist.

B.

The city at its discretion may pursue any and all legal and equitable remedies, to which the city may be entitled, for the collection of unpaid costs for the abatement of the encroachment. Pursuit of one remedy does not preclude the pursuit of any other remedies. All remedies provided herein shall be cumulative and not exclusive.

C.

The cost of abatement of an encroachment of public property, after its final confirmation by the city, may constitute a special assessment against any private real property to which it relates, and, after the recording of the order of confirmation in the official records of the county recorder's office as thus made

and confirmed, it shall constitute a lien on the property in the amount of the assessment. A copy of the order and report shall be transmitted to the assessor and tax collector for the city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of the assessment, or assessments, to the next regular bills of ad valorem taxes levied against the respective lot and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected.

D.

Any responsible person who has unpaid and/or delinquent abatement costs, may be refused the issuance of a land use approval, or other city approval pertaining to the property, real or personal, that is the subject of the abatement costs pursuant to this chapter.

E.

Any abatement costs required by the provisions of this chapter shall be paid or deposited with the city clerk-treasurer.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

If the property owner (or person responsible for the encroachment) denies, within the time provided for under Section 17.18.020(B) of this chapter, that an encroachment exists under Section 17.18.020 (Authority to Remove Encroachments) or 17.18.030 (Notice to Remove Encroachment) of this chapter, and the owner or occupant of the land, or the person causing, owning or controlling the alleged encroachment refuses either to remove it or permit its removal, the city may commence, in any court of competent jurisdiction, an action for abatement. Costs of the abatement shall be recovered by the city pursuant to the provisions of this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Whenever the city engineer, or his/her designee summarily abates an encroachment, as specified in Section 17.18.020 (Authority to Remove Encroachments) of this chapter, and the ownership of that encroachment is known or can be readily determined from identification on the encroachment, then the city engineer shall provide the owner of the encroachment with post-abatement notice and an opportunity for a hearing to determine the validity of the seizure. The owner of the encroachment and/or real property associated with the encroachment, or any person in possession or claiming any legal or equitable interest in any property which is the subject of a summary abatement pursuant to this chapter, may challenge the city engineer's determination to abate and/or the imposition of fees at a post-abatement hearing. A challenge shall be timely only if filed in writing to the city engineer within ten calendar days from and after the abatement, setting forth the grounds for the challenge.

B.

Notice of such abatement shall be mailed or personally delivered to the registered and legal owners of the property and/or the encroachment within forty-eight hours of the abatement, excluding weekends and holidays, and shall include the following information:

1.

The name, address and telephone number of the city engineer;

2.

The location of the place from which the encroachment was seized and a description of the encroachment;

3.

The authority and purpose for the removal of the encroachment; and

4.

Specify that, in order to receive a post-seizure hearing, such owner or other interested person, or his/her agent, must request the hearing in writing, or by telephone to the city engineer within ten calendar days of the date appearing on the notice.

C.

Failure of either the owner or other interested party, or his/her agent, to request or to attend a hearing as scheduled shall satisfy the post-storage validity hearing requirement of this section.

D.

The city shall be responsible for the cost incurred for abating the encroachment if it is determined at the hearing that probable cause for the abatement cannot be established. Any part of the encroachment that

the city engineer determined in good faith is of more than nominal value, or of significant personal value, shall be returned to the owner in the event the abatement is found not to have been supported by probable cause.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Upon receipt of a timely written challenge, the city engineer shall set a date for a post-abatement hearing, but in any event no later than twenty calendar days from the date the city engineer receives the request, unless waived by the party requesting the hearing. A filing and processing fee, if required by resolution of the city council, shall be paid contemporaneously by the requesting party with the filing of the request. The city engineer may authorize a city officer or employee, independent contractor, or other designated individual to conduct the hearing, so long as the hearing officer is not the same person who directed the storage of the encroachment. The city engineer shall issue a determination on the challenge within ten calendar days of the hearing and shall notify the party requesting the hearing in writing.

B.

The decision of the city engineer following the hearing may be appealed to the city manager. Within five calendar days after the giving of the notice, any person aggrieved by the city engineer's determination may appeal it to the city manager in the time and in the manner prescribed in this section. Any such appeal shall be in writing and shall be filed with the city clerk-treasurer within the time permitted by this section. At the time of the filing, the appealing party shall deposit with the city clerk-treasurer a filing and processing fee if required by resolution of the city council. Thereafter, the city clerk-treasurer shall transmit to the city manager the city engineer's determination, a summary of the evidence presented to the city engineer at the post-abatement hearing, and copies of any written material submitted at the hearing held by the hearing officer. The city manager shall set a time and place for hearing upon the appeal, and at the time and place shall consider the documents transmitted from the city clerk-treasurer, as well as any documents or argument presented at the hearing by any interested party. The city manager shall, thereafter, uphold, or modify the determination of the city engineer; and issue a determination on the appeal, in writing to the appellant, within five calendar days of the hearing on the appeal and shall include citation to California Code of Civil Procedure Section 1094.6. The determination of the city manager shall be final and

conclusive. Any action to review the decision of the city manager shall be commenced no later than the time period set forth in the California Code of Civil Procedure Section 1094.6.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

No person shall place or authorize the placement of an encroachment in the street or on public property. Any person violating any of the provisions of this chapter shall be subject to the penalties specified in Chapter 17.20 (Enforcement, Violations and Penalties).

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 17.20 - ENFORCEMENT, VIOLATIONS AND PENALTIES