Yreka Municipal Code Ch. 9.44 Street and Sidewalk Obstruction

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6. As to the authority of a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public, see Pen. C.A. § 647c.

Every obstruction or encroachment on any part of any street, alley, sidewalk or gutter within the limits of the city is prohibited by this chapter, except, however, that the city council may, upon written application therefor, grant licenses for the excavation, construction, maintenance, use and operation of subsurface structures in and under streets, alleyways and sidewalks and for the construction, maintenance, use and operation of closures of entryways thereto, upon the terms and conditions following:

(1) That license for the excavation, construction, maintenance, use and operation of such subsurface structures and entryways thereto shall be granted only upon written application therefor by the owner or owners of the adjacent land, which application shall be signed by each and all the owners of such adjacent land;

(2) That with such application the applicant or applicants shall file complete and detailed plans and specifications of the subsurface structure, the entryways thereto and areas of such streets, alleys and sidewalks as are affected thereby, including a fair estimate of the length of time required for the construction of such structures and restoration of the streets, alleys and sidewalks to unencumbered surface use, as well as description of the adjacent land owned by the applicant with such proof of ownership thereof and encumbrances thereon as the council may require;

(3) That upon the filing of such application and review thereof, the owner or owners of such adjacent lands shall furnish to and file with the city clerk a surety bond in such amount as shall be determined by the city council but not less, in any event, than one thousand dollars, conditioned to indemnify, save and hold harmless the city of and from all costs, expenses, charges and damages which may result by reason of the construction of such structures and restoration of the surface of such streets, alleys and sidewalks to unobstructed use by the public within the time estimated as provided in subsection (2) of this section;

(4) That the owner or owners of such land shall, prior to the issuance of the aforesaid license, deposit with the city clerk the sum of one hundred twenty dollars, and shall thereafter each year, on or before the anniversary of the license, if granted, pay to and deposit with the city the sum of one hundred twenty dollars so long as such license shall continue;

(5) That prior to the commencement of any such excavation or construction the licensee shall make, execute, acknowledge and deliver to the city a duplicate of such license agreement wherein and whereby such owner shall covenant, promise and agree to indemnify, hold and save harmless the city of and from all damages and claims for damages arising by reason of the existence, use, maintenance or operation of any or all of the said structures;

(6) That the owner of such lands shall for himself, his heirs, successors and assigns forever, as a covenant running with the adjacent lands of the owner, undertake, covenant, promise and agree if and when the owner or owners, their heirs, successors or assigns shall cease to use, maintain or operate such structures, or any thereof, that they shall and will remove the same and restore the subsurface and surface of such streets, alleys and sidewalks to the same condition as they existed at the time of the grant of the license aforesaid;

(7) That the agreement of license shall contain such terms, covenants, conditions and agreements as shall, in the discretion of the council, provide for full, complete and adequate protection of the city and the persons using such streets, alleys and sidewalks and shall be subject to termination upon thirty days' notice.

(Ord. 327, 1958: Ord. 1 § 93, 1888).

Every person or persons committing, causing or maintaining any nuisance mentioned in Section 9.44.010, is punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. 440 § 1(part), 1970; Ord. 1 § 94, 1888).