A permit is required for all encroachments as defined in this chapter except work covered by exemptions.
A. Encroachment permits shall be issued by the city engineer upon such conditions the city engineer deems necessary to protect the public interest, safety and welfare. The city engineer may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts:
1. Make an opening or excavation for any purpose in the city street;
2. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing with any city street;
3. Repair or construct, or cause to be repaired or constructed, by private contract, any concrete sidewalk, concrete driveway, concrete curb and gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, or curb and gutter.
B. When sidewalks, driveways, curbs, and gutters, or a combination thereof, are repaired or constructed by a contractor at the same time and at the same location, a separate permit shall be required for each ownership.
C. Except as otherwise provided in Section 12.04.030, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the city engineer.
D. No person shall make a right-of-way encroachment or cause any street cut to be made without having secured the proper permit two working days in advance of the date specified to begin work, except when an emergency street cut is necessary. All work shall be performed in strict compliance with the terms and conditions of the permit. The permittee shall notify the city at least two working days prior to start of work and at that time shall provide a project schedule. The permittee shall notify the police department if the work might impede the passage of emergency vehicles.
E. All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on the subsequent owners of the encroachment.
F. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance which may be abated by the city pursuant to this code.
(Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 2, 1965).