O 610ORDINANCE N0.610
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADDING CHAPTER 13.27 TO
TITLE 13 (PUBLIC WORKS) REGARDING. CITY
EASEMENTS
WHEREAS, unencumbered City access, drainage, and utility easements are a critical
component of the provision of utility services to the residents and customers of the City;
and
WHEREAS, encroachments into City access, drainage and utility easements impair the
City's ability to provide efficient utility services to its residents and customers; and
WHEREAS, the City Council deems it in the best interest of the City to provide
regulations to ensure unrestricted access to and use of the City's easements.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo,
Grande, as follows:
SECTION 1. The above recitals and findings are true and correct.
SECTION 2. Arroyo Grande Municipal Code Chapter 13.27 is hereby added as follows:
13.27 City Easements
13.27.010. Purpose and Intent.
It is the purpose and intent of the City Council, in adopting this section of the
Municipal Code, to permit property owners who have property on which the City
has an easement, to place structures or otherwise utilize such property, in
appropriate circumstances, while assuring that the City's easement is not
impeded or interfered with.
13.27.020. Interference with City Easements.
The existence of a City easement on property does not preclude a property
owner from utilizing their property in any manner that is not inconsistent with the
purpose or use of the easement. Structures constructed or placed in City
easements may impede the City's ability to access and maintain public facilities,
such as underground utilities, including sewer, water and drainage facilities. In
order to ensure necessary access to and full use of any City easement, it shall be
unlawful to construct or place any structure in a City easement that interferes
with the use, maintenance or repair of the easement or public. facilities located
within the easement, except as otherwise provided in this section. A property
owner that constructs or places or allows the construction or placement of a
structure in a City easement which interferes with the use, maintenance or repair
of the easement or public facilities located within the easement shall be
responsible and liable for payment of any and all costs that are associated with
the removal of the structure.
ORDINANCE N0.610
PAGE 2
13.27.030. Agreement.
If a building permit is required for construction or placement of a structure, the
City, in its sole discretion, may refuse to issue a building permit should the City,
in its sole discretion, determine that the proposed construction will interfere with
the purpose or use of the easement. However, should the City, in its sole
discretion, issue a building permit for the construction or placement of any
structure within the easement, a condition precedent to such .permit issuance
shall be the execution of a written agreement by the property owner obligating
the. owner to promptly remove the structure when so requested by the City and to
pay any and all costs that are associated with the structure's removal and comply
with any other terms and conditions determined to be necessary and appropriate
by the City. Such agreements may be executed by the City Manager, provided
they are in a form acceptable to the City Attorney.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional
SECTION 4. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/City Clerk shall post a cert~ed copy of the full text of such adopted Ordinance.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Guthrie, seconded by Council Member Costello, and by the
following roll.call vote to wit:
AYES: Council Members Guthrie, Costello, Fellows, Arnold, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 26`h day of May 2009.
ORDINANCE NO. (y(p
PAGE 3
TO FE ,MAYOR
ATTEST:
~" v wui "'
KELLY W T R ,CITY CLERK
APPROVED AS TO CONTENT:
S V ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CI ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 610 which was
introduced at a regular meeting of the City Council on May 12, 2009; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 26th day of May, 2009; and was duly published in accordance with State
law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of May 2009.
KELLY ETNA, RE, CITY CLERK