§ 7-1.104. Encroachments in Sidewalk-Planting Strip.

(a)

It shall be unlawful and punishable as an infraction for any person, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of any encroachment, as hereinabove defined, upon, over or under the sidewalk-planting strip, without an encroachment permit from the City of Modesto, granted as herein provided, unless such an encroachment is specifically allowed by Section 7-1.103 of this article.

(b)

Any person, firm or corporation desiring to place, erect or maintain an encroachment in the sidewalk-planting strip which is not specifically allowed by Section 7-1.103 of this article shall make application for an encroachment permit at the office of the Public Works Director. The application shall be in writing on a form furnished by the City for that purpose and shall specify the information set forth in Section 7-1.106 of this article.

(c)

The Public Works Director may issue permits for encroachments in the sidewalk-planting strip in accordance with resolutions passed by the Council from time to time which establish conditions under which the permit may be issued. In each case, the applicant shall agree in writing to the conditions of the permit. In the event that the Council has not established conditions for a particular type of encroachment, the application shall be submitted to the Council for action.

(d)

The Council may require removal of any encroachment or may revoke any encroachment permit at any time. The Public Works Director shall give notice to remove or of revocation in the form and manner specified in subsection (h) of this section to the person maintaining said encroachment.

(e)

Any person, firm or corporation whose property encroaches in any manner upon, over or under the sidewalk-planting strip, who is required to and has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the Public Works Director.

(f)

In case of an immediate hazard or danger, the Public Works Director may cause such an encroachment to be summarily removed without notice.

(g)

It shall be unlawful for a person, firm or corporation to place, erect or maintain or to permit the placing, erection, maintenance or existence of an encroachment upon, over or under the sidewalk-planting strip if an encroachment permit is required and has not been obtained, has expired or has been revoked and the time specified in the notice from the Public Works Director for removal of the same has expired.

(h)

Notice of such removal shall be by registered or certified mail, addressed to the post office address of the owner or occupant of the premises where the encroachment exists, or by personal service of such notice upon the owner or occupant by a person authorized by the Public Works Director to deliver such notice. The time required for removal of such encroachment shall be specified in the notice.

(Amended by Ord. 782-C.S., Ord. 1645-C.S., § 1, Ord. 2605-C.S., § 1, Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)