Monterey, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 32-14 defines an encroachment broadly as any structure or object placed, without legal authority, on, in, over or under a street, alley, sidewalk, right-of-way, City-owned property, or property dedicated to public use, and § 32-15 explains the purpose: some encroachments are dangerous and must be abated, while others are beneficial to both the property owner and the City and can be authorized subject to conditions. Section 32-16 gives the City Council authority to grant an encroachment permit by notice, but § 32-17 delegates that authority to the Director of Engineering & Maintenance, who applies the terms and conditions listed in § 32-20.

Every permit is revocable on motion of the City Council, is appurtenant to the benefited property and transfers automatically with a sale unless stated otherwise, and can carry conditions on timing, transferability, notice, site or architectural control, and a City-payable bond for removal costs plus liability insurance. 2, with a hearing set at least 15 days later and the City Council's determination made final. If an encroachment exists without a permit, or a permit expires or is revoked, § 32-21 requires the Director of Engineering & Maintenance to serve a notice of removal giving 30 days to remove it, describing the property, the encroachment, and the corrective measures required; the property owner can apply for a permit to authorize the existing encroachment within 15 days of that notice, which suspends removal proceedings pending City Council action. 06.