§ 12.08.140. Unlawful encroachment—Enforcement by citation—Enforcing officers other than Oakland Police.

A.

No person shall, except in compliance with the terms of a major, or minor, or a short term encroachment permit issued according to the provisions of this title, encroach upon or into the public street or sidewalk area in the city in a manner or manners for which such permit or permits would be needed.

B.

No persons holding such encroachment permit shall, upon the revocation or denial of renewal of the permit, fail to remove said encroachment at his or her sole expense within the time period specified by notice or, for major and minor encroachments, by the third day prior to insurance lapse, whichever is the lesser. The normally specified period for removal of an encroachment shall be thirty (30) days for major encroachments, fourteen (14) days for minor encroachments, and one day for short term encroachments except as noted above. Further, the permittee shall repair at his or her sole expense any damage to sidewalk or street area resulting from the existence of said encroachment within the time period mentioned above.

C.

It shall be a separate violation of this title for each day that the holder of an encroachment permit fails to remove an encroachment within the time period specified by notice, or for major and minor encroachments by the third day prior to insurance lapse. It shall also be a violation of this title for any person to otherwise encroach unlawfully upon or into the public right-of-way.

D.

Any encroachment permit holder or owner of property abutting an encroachment who is informed in writing by the City Manager, his or her authorized delegate or those employees authorized to enforce this chapter of an unlawful encroachment shall have twenty-four (24) hours after the time of receipt of such notice to remove the encroachment at his or her sole expense. Notice may be given by mail or personal service. In the event the person so notified fails to accomplish such removal or removes said encroachment but fails to restore the public street or sidewalk to the satisfaction of the Director of Public Works, the Director of Public Works shall order city forces to remove said encroachment and/or restore the public area and shall charge all costs incurred by the city for such removal and/or restoration plus twenty (20) percent to the permittee or owner of record. A bill for such costs shall be presented to the owner of record of the property fronting on the portion of sidewalk and street containing the encroachment. In the event that the encroachment has created a condition dangerous to the public requiring immediate removal, the Director of Public Works may immediately remove such encroachment, restore the public street or sidewalk and bill the permittee or owner of record as set forth above. The Director of Public Works shall forthwith inform the permittee or owner of record of said condition, work done and costs thereof.

E.

Any person violating any of the provisions of this section shall be deemed guilty of an infraction.

F.

Pursuant to Section 836.5 of the California Penal Code, the supervisory and field personnel of the Office of Public Works assigned to sidewalk inspection work and Office of Community Development, Housing Conservation, Supervising Housing Representatives are authorized to enforce this chapter and arrest violators thereof.

G.

The Director of Planning and Building shall be authorized to file a lien with the County Recorder against the property owner responsible for the illegal encroachment, to recover all costs expended by the city as described in subsection D of this section. Where a bond has been required, the Director of Planning and Building shall be authorized to exercise the city's rights under the bond to obtain compliance with the conditions of the permit and/or to recover all costs to the city in removing an illegal encroachment and restoring the public right-of-way.

(Prior code § 6-1.65)