12.60.080 Correction and discontinuance of unsafe, nonconforming, noncompliant or unauthorized conditions.
A. Whenever the city determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to, any provision of this code or procedures adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the city may order the correction or discontinuance of such condition or any activity causing such condition.
B. The city is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this code.
C. The city shall also have all powers and remedies which may be available under state law, this code, and procedures adopted hereunder for securing the correction or discontinuance of any condition specified in this section.
D. The city is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the city determines appropriate:
1. Serving of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition;
2. Serving of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within 10 days of notice, or such other reasonable period as the city may determine;
3. In the event the permittee fails to correct or discontinue the condition or activity within the specified period of time after receiving notice, the city shall have the authority to remove the structure and the cost of removal shall become a lien against the private property adjoining the right-of-way where the structure was removed; provided, that private property is owned by the permittee. The lien so created shall be subject to foreclosure pursuant to the foreclosure laws of the state;
4. Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with requirements imposed by the city related to such permits;
5. Issuance of an order to immediately stop work until authorization is received from the city to proceed with such work;
6. Any object or thing which shall occupy any right-of-way without a permit is declared a nuisance. The city may attach a notice to any such object stating that if it is not removed from the right-of-way within 24 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 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;
7. All expenses incurred by the city in abating the condition or any portion thereof shall constitute a civil debt owing to the city jointly and severally by such persons who have been given notice or who own the object or placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt;
8. The city shall also have all powers and remedies which may be available under law, this code and procedures adopted hereunder for securing the correction or discontinuance of any conditions specified by the city. (Ord. 6795 § 1 (Exh. A), 2020; Ord. 6125 § 1, 2007.)