(A) For purposes of this section, the owner of property adjacent to the right-of-way includes the occupant of the property.
(B) Except as authorized in writing by the city, no person shall:
(1) Place or maintain any encroachment in the right-of-way.
(2) Place or maintain any tree, hedge, shrub or other plant, or any structure or other encroachment, on property adjacent to the right-of-way, which interferes with public uses of the right-of-way.
(3) Use the right-of-way, or areas below, adjacent to or above the right-of-way, in a manner that interferes with the public uses of the right-of-way.
(4) Damage the right-of-way or public improvements in the right-of-way.
(C) However, without authorization from the city, an owner of property adjacent to the right-of-way may place and maintain the following private improvements in the area behind the curb, edge of the pavement or edge of the city-maintained dirt road or dirt shoulder which do not create traffic visibility conflicts or hazards. These improvements are not allowed in alleys.
(1) Ground-covers, vines or other plants that do not exceed 18 inches in height above the adjacent curb or other edge of the right-of-way.
(2) Rocks smaller than six inches in diameter, bricks, pavers, gravel and similar landscape material that does not exceed 18 inches in height above the adjacent curb or other edge of the right-of-way.
(3) Irrigation conduits two inches or smaller.
(4) A mailbox mounted on a break-away post no larger than four inches by four inches, outside the clear zone.
(5) Cafe tables, seating and related fixtures provided:
(a) Said fixtures are located on the closest edge of a sidewalk directly adjacent to a commercial business provided a minimum accessible path no less than three feet in width is maintained at all times; and
(b) Said fixtures are made of quality materials and workmanship. Lightweight plastic or similar material shall be prohibited.
(6) Certain temporary signs to the extent permitted by the city's sign code.
(D) In addition, persons may perform routine property maintenance as set forth in this section.
(E) Except as authorized in writing by the city, the following limitations apply to all private improvements in the right-of-way:
(1) No private improvement shall interfere with public uses of the right-of-way.
(2) The owner of the property adjacent to the right-of-way is responsible for maintaining the owner's private improvements in the right-of-way in an orderly condition.
(3) When the city or designee directs the removal of any private improvement from the right-of-way, the owner of the property adjacent to the right-of-way shall promptly remove the improvement.
(4) All improvements in the right-of-way shall comply with all applicable federal, state, county and city laws, ordinances, rules and regulations.
(5) No hedge, shrub, tree or other similar plant shall be allowed to interfere with public uses of the right-of-way.
(6) No structure, such as a wall, fence, basketball hoop, or sculpture, shall be placed in or maintained in any right-of-way, except for mailboxes, cafe tables and seating, allowed above.
(Ord. 2016-007, passed 12-8-16)