(A) Purpose. The public welfare requires that the public rights-of-way within the city, including highways, roads, streets and alleys, be reserved for public uses. Public use of the full width of the rights- of-way is necessary to public safety and the proper and efficient maintenance of the rights-of-way. However, it is recognized that limited private use or encroachment onto the rights-of-way is not necessarily inconsistent with public use. It is the purpose of this section to provide for lawful private use of public rights-of-way not inconsistent with public use.
(B) Permit to encroach.
(1) Permit required. The right to use public rights-of-way within the city for any private use or purpose other than the primary purpose of public travel, whether the use constitutes a substantial or incidental use, may be acquired only through issuance of a permit pursuant to this section.
(2) Application for permit. Any person may apply to the City Administrator or his or her designated representative for a permit to construct, install or locate and maintain private property or improvements within a publicly-owned right-of-way. The application shall be in writing and must describe with specificity the private property or improvement and right-of-way involved and the nature and extent of the requested encroachment. The applicant shall further provide a hand made drawing (to scale) or survey drawing showing the location of the proposed encroachment within the right-of-way. The permit shall become effective upon an associated encroachment agreement being duly recorded at the offices of the County Recorder. The city shall be the party responsible for recording the encroachment agreement at the offices of the County Recorder.
(3) Application fee. Each application for a license required by the provisions of this section shall be accompanied by an application fee in an amount established by resolution of the City Council, which fee shall be retained by the city whether or not a license is issued.
(4) Issuance of permit; conditions. The City Administrator or his or her designated representative may grant the permit and draft an encroachment agreement if it is determined that the encroachment applied for is not inconsistent with safe and efficient public use of the public right-of-way. However, no permit will be issued until the landowner has agreed in writing to waive any right to recover from the city for damage occurring to the item of encroachment within the right-of-way. The landowner must also agree to hold the city harmless from any claim of damage or liability against the city arising out of the encroachment.
(5) Revocation of permit. The city reserves the right to revoke any permit and encroachment agreement granted under this section as may be required by the public interest.
(C) Unlawful encroachments. Any privately-owned property located within or encroaching upon public rights-of-way which has not been authorized in accordance with this section shall be unlawful and be subject to removal by the city at the owner's expense.
(D) Exemptions from provisions. The use of the public right-of-way for the placement of the following items shall be exempt from the permit requirements of this section:
(1) Mailboxes with the following conditions:
(a) The mailbox is positioned or clustered according to specific directions of the city and/or United States Postal Service;
(b) Mailboxes servicing a planned unit development (PUD) are positioned or clustered within the platted portion of the PUD;
(c) The location of the mailbox or mailboxes does not interfere with the city's maintenance of the right-of-way.
(2) Grass, ground cover, or flowers that do not extend more than two feet in height from the ground (trees and shrubs shall not be allowed).
(3) Sprinkler systems with an approved lawn sprinkler permit.
(Ord. 219, passed 4-16-07; Ord. 342, passed 10-2-2023)