Skip to main content
Loading…
This section is included in your selections.

A. Whenever the Public Works Director determines that any condition on any public ways or other ways is in violation of, or public ways or other ways are being used contrary to, any provision of this Chapter, Master Permit, Right-of-Way Use Permit, or Small Cell Permit, the Public Works Director may order the correction or discontinuance of such condition or any activity causing such condition.

B. The Public Works Director is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as it determines appropriate:

1. Serving of oral or written directives to the Grantee or other responsible person requesting immediate correction or discontinuance of the specified condition;

2. Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within ten (10) days of notice, or such other reasonable period as the Public Works Director may determine;

3. Revocation of previously granted permits where the Grantee or other responsible person has failed or refused to comply with requirements imposed by the City related to such permits;

4. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work;

5. Refusal to grant additional permits to Grantee until the correction or discontinuance of such unsafe, nonconforming or unauthorized use is resolved; or

6. Service of summons and complaint certified by the City Attorney, or a citation and notice to appear by an arresting peace officer upon the Grantee or other responsible person who is in violation of this Chapter, Master Permit, Right-of-Way Use Permit or Small Cell Permit, or other City ordinances.

C. Any object or thing which shall occupy any public ways or other ways without a permit is declared a nuisance. The City may attach a notice to any such object or thing stating that if it is not removed from the public ways or other ways within twenty-four hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object or thing is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. This section does not apply to motor vehicles.

D. All expenses incurred by the City in abating the condition, or any portion thereof, shall constitute a civil debt owing the City, jointly and severally, by such persons who have been given notice or who own or placed the object or thing in the right-of-way, which debt shall be collectible in the same manner as any other civil debt.

E. The City shall also have all powers and remedies which may be available under law, this Chapter and procedures adopted hereunder for securing the correction or discontinuance of any conditions specified by the City. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018).