Property Owner Responsibilities
Property owners are responsible for maintaining the area around their property, including along the roadway, sidewalks, curbs and drainage. Property owners should regularly evaluate their property at the street line, ensuring that vegetation is cleared at least 14 feet above the roadway and at least 4 feet back from the road's edge. This area should be entirely clear of obstructions to ensure safe roadway use. Obstructed sight distance increases the risk of car accidents and hinders pedestrians' ability to use the roadway safely. Proper upkeep is vital for various reasons, including locating houses in emergencies, road projects, mailbox access, and ensuring safe sight distances for driveway and road use, as well as utility installations. Property owners are also responsible for obtaining an encroachment permit for any work that will affect the right-of-way. Regular vegetation maintenance is essential for the community's health, safety, and welfare.
What is the Public Right-of-Way?
The public right-of-way refers to land area dedicated to public use. A right-of-way allows local and state governments to construct and maintain roads and sidewalks to facilitate pedestrian and vehicular movement. The right-of-way is also used by utility companies (Gas, Electric, Water, Sewer, Cable, Fiber Optic, etc.) to install and maintain utilities. The right-of-way typically extends 10-15 feet from the edge of the road, though this varies across the City.
Why Keep the Right-of-Way Clear?
Overgrown vegetation limits the use of sidewalks and streets for everyone and presents hazards for people with disabilities. It further threatens public safety when overgrown vegetation blocks the view of traffic signals and signs, or limits the sight distance at intersections.
Atascadero Municipal Code § 4-6.04
Maintenance of sidewalk and street edge by abutting owners
The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including, but not limited to, trees, sidewalks, parkways, curbs and gutters and driveways located in public rights-of-way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this chapter and Chapter 22, of Part 3, Division 7 of the Streets and Highways Code.
(Ord. 342 § 4, 1998)