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STRUCTURE ON RIGHT OF WAY
14A.50.050 Erecting Permanent or Temporary Structures on Public Property or Public Rights of Way MISDEMEANOR
A. It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon non-park public property or public right-of -way without a permit or other authorization from the City.
B. In addition to other remedies provided by law, such an obstruction is hereby declared to be a public nuisance. The City Engineer, City Traffic Engineer, or Chief of Police may summarily abate any such obstruction, or the obstruction may be abated as prescribed in Chapter 29.60 of this Code.
C. The provisions of this Section do not apply to merchandise in the course of lawful receipt or delivery, unless that merchandise remains upon the public right of way for a period longer than 2 hours, whereupon the provisions of this Section apply.
D. The provisions of this Section do not apply to depositing material in public right-of-way for less than 2 hours, unless the material is deposited with the intent to interfere with free passage or to block or attempt to block or interfere with any persons(s) using the right-of-way.
29.60.100 Exceptions
(Replaced by Ordinance No. 177254, effective March 14, 2003.)
A. The Director may grant an exception when the enforcement of the requirements of this Title would cause undue hardship to the owner or occupants of the affected property, or whenever the Director deems it necessary in order to accomplish the purpose of this Title.
B. To carry out the intent of this Section the Director shall establish written policies in the form of waivers to explain the exceptions that are available to property owners. The waivers shall include the following information:
1. An explanation of the purpose of the waiver;
2. A list of the requirements the owner must meet in order to qualify for the waiver;
3. An explanation of the period of time during which the waiver will be in effect;
4. A list of the actions the owner must perform to fulfill their responsibilities to maintain the waiver and to prevent the waiver from being cancelled.
C. The owner must apply for a waiver in writing. This Section shall not be construed so as to evade the provisions of Title 22