§ 13.04.025. Mailboxes.

A.

The placement of any mailbox in the right-of-way of a county highway is an encroachment for which a permit is required under this chapter, regardless of the mailbox's design, materials, or manner of construction. The term "mailbox" includes not only the box or receptacle into which mail is placed, but also the supporting post, pole, or other structure attached to the receptacle, any concrete or other foundation at the base of the post, pole, or structure, and any objects placed at or near the base for adornment or aesthetic enhancement.

B.

An application for an encroachment permit with respect to a mailbox should generally be granted as long as all of the following criteria are met: (1) the mailbox's design and construction complies with official standards or guidelines of the United States Postal Service and will easily give way in the event it is struck by a car, truck, snowplow, or other motor vehicle; (2) the location of the mailbox will not interfere with the County's road maintenance, snow removal or snow storage, nor with reasonable public use of the right-of-way, including but not limited to public parking; and (3) the mailbox will not otherwise create a safety hazard in the opinion of the director of roads. One example of a generally-acceptable design, construction, and location of a mailbox for purposes of meeting the above criteria is a standard, metal mailbox mounted to the top of a four-inch by four-inch wooden post, which is set back six to eight inches from the front face of the curb or road edge to the mailbox door, buried no more than twenty-four inches, and with the total height of the mailbox assembly above the road surface of between forty-two and forty-eight inches.

C.

In the event an application for an encroachment permit with respect to a mailbox is denied, the applicant may appeal that decision to the board of supervisors by filing a written request for the appeal with the clerk of the board of supervisors within thirty days after the decision and paying any applicable fee the county may have duly established for such an appeal. The board's review of the matter shall be de novo and the board may consider any evidence and make any decision with respect to the appeal as it deems proper, including allowing a variance from the standard mailbox criteria set forth above for good cause shown and subject to such conditions of approval (if any) as the board may impose in its sole discretion. In no event shall the board be required to grant a requested permit or variance.

D.

In issuing an encroachment permit for a mailbox, the county assumes no responsibility or liability for the mailbox in the event of any damage to the mailbox from any cause whatsoever nor for any damage or injury to any person or property allegedly caused by or resulting from the mailbox or by its presence in the county right-of-way. Any mailbox for which a permit has been issued shall be repaired as necessary (including in the event it is damaged for any reason) and maintained by the permit holder or his or her successor-in-interest in a safe and functional condition. Furthermore, the design and manner of construction of a mailbox shall not be modified after issuance of a permit without the prior, written consent of the County. Any failure to properly repair or maintain a mailbox, and any modification of a mailbox without the County's consent, shall constitute grounds to revoke the encroachment permit for the mailbox. The County may include any of the foregoing as express conditions of approving any application for an encroachment permit, but any absence of such conditions in a permit shall not constitute a waiver of this subsection.

E.

The provisions of this section are intended to be declarative of existing law as of the date this section was adopted.

F.

Notwithstanding the foregoing, any mailboxes already existing in a county right-of-way as of June 3, 2014, without an encroachment permit may continue to exist and be repaired and maintained in their current condition without an encroachment permit. But an encroachment permit shall be required in order to change the design, construction, or location of such an existing mailbox.

(Ord. No. 14-02, § 1, 6-3-2014)