12.28.050 Maintenance and removal agreement – Required when – Contents.
Applications for encroachment permits for any buildings, structures, facilities, or improvements of any nature shall be accompanied by the required application fee(s) in the sum as presently designated, or as may be in the future amended, in the master fee schedule. Encroachment permits will be issued in accordance with the terms of an encroachment maintenance and removal agreement, which shall authorize the construction and use of the building, structure, facility, or improvement and shall be signed by the property owner and properly acknowledged to allow for recordation. The agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, and at a minimum contain the following terms:
A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole cost, risk and responsibility of the owner, who shall agree to indemnify, defend, and hold the City harmless with respect thereto.
B. The agreement is made for the direct benefit of the property owner’s land described in the agreement, and the covenants therein shall run with the property, shall constitute an obligation and burden upon the property, and shall be binding upon the assigns and successors of the owners.
C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand in writing by the Director of Public Works or the City Engineer. Upon such demand, the property owner must remove or relocate the encroachment within 30 calendar days after such notice or within such longer period as may be provided specifically within the demand or agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relocation. If the property owner fails to remove or relocate the encroachment within the period allotted, the City Engineer may cause such work to be done and the cost thereof shall be imposed as a lien upon the property as provided in CVMC 12.12.110, relating to removal of unauthorized obstructions in the public rights-of-way.
D. The encroachment maintenance and removal agreement shall be recorded in the office of the county recorder of San Diego County; provided, however, that the agreement encompassing encroachments authorized by the City Engineer pursuant to CVMC 12.28.030 and 12.28.040 need not be recorded. (Ord. 3508 § 6, 2021; Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1205 § 2, 1969; prior code § 27.304).