It is the purpose of the provisions of this chapter to provide
a just, equitable and practicable method, to be cumulative with and
in addition to any other remedy available at law or under any other
provision of State law, whereby encroachments on public rights-of-way
may be abated in order to protect the public convenience in the use
of said rights-of-way as well as the public health, safety and welfare.
(Prior code § 8-4.1)
A.
The
City Council hereby finds there exist within the City encroachments
on public dedicated rights-of-way which interfere with the public
use of said rights-of-way and often create a nuisance and hazardous
condition for pedestrians and motorists and in some instances endanger
the public health, safety, and welfare. Pursuant to the provisions
of Section 38771 of the Government Code of the State of California,
the City Council hereby finds the existence of the following encroachments
on any public dedicated or acquired sidewalk, street, alley, lane,
court, park, parkway, or other public space is a public nuisance which
must be abated:
1.
Fences,
railing, or walls;
2.
Hedges,
trees, or planters;
3.
Excavations
below top of curb elevations without a permit;
4.
Sprinkler
system pipes above ground elevations;
5.
Retaining
wall or foundation;
6.
Signs
and trees, as well as buildings, appurtenances, or fences where the
same interfere with the use of said public right-of-way;
7.
Loose
gravel, broken blacktop, small rocks, and boulders; and
8.
Gates
swinging out or over the public right-of-way.
B.
The
City Council hereby authorizes the City Manager, or designee, to grant
an encroachment permit on any public sidewalk, street, alley, lane,
court, park, or other public place subject to the following limitations
and conditions:
1.
The
encroachment onto said public property is six inches or less;
2.
The
encroachment does not constitute a hazard or threat to public safety;
3.
That
portion of the right-of-way remaining after accounting for the encroachment
is still of adequate width to provide for future or existing sidewalks,
curbs and gutters meeting then current City standards including, but
not limited to, the requirements of the Americans with Disabilities
Act;
4.
The
encroachment was not constructed, placed, excavated, or planted within
two years of any City-required survey of the property line nor in
conjunction with any subdivision or lot line adjustment;
5.
If
the encroachment pertains to landscape materials in the immediately
adjacent parkway, then the encroachment must be in conformance with
the City Council-adopted Parkway Landscape Design Guidelines and any
applicable terms and conditions of a license agreement issued for
said encroachment; and
6.
Such
other conditions under circumstances the City Manager, or his or her
designee, deems necessary to protect the public health, safety, and
welfare and best interests of the City.
C.
In the event the City Manager denies an application, the applicant shall, within 30 calendar days after filing a complete application, be provided a written response setting forth the reasons for denial; and the applicant shall thereafter have a right to a hearing before the City Council pursuant to Section 12.16.050 et seq.
D.
The
City Council may grant an encroachment permit on any public sidewalk,
street, alley, lane, court, park, or other public place for an encroachment
that is more than six inches; provided: that (1) the encroachment
meets the conditions set forth in Subsections (B)(2)—(B)(4)
of this section; and (2) the City Council finds the granting of the
encroachment to be in the best interests of the City.
(Prior code § 84.2; Ord. 1167 § 1, 7/14/08; Ord. 1296 §§ 1, 2, 9/14/15)
A.
It
is unlawful for any person to place or permit to remain any notice,
sign, sign-board, structure, goods, wares, merchandise, tree, newsrack,
receptacle or other structure upon any public highway, street, sidewalk,
bridge, alley, way, or upon any property of the City of Bellflower
without a valid permit from the City, as prescribed by the Bellflower
Municipal Code or other applicable law.
(Prior code § 3-3.18)
The Director of Public Works shall examine or cause to be examined
every alleged encroachment on a publicly dedicated right-of-way and
if he or she finds such encroachment is a nuisance as defined in this
chapter, he or she shall notify in writing the owner, occupant, lessee
or other person having possession of said premises that the continued
maintenance or existence of said encroachment will constitute a public
nuisance and that said person or persons must remove said encroachment
at his/her own expense within 30 days and if not so removed within
said 30 days that the same will be removed by the City and the expense
thereof charged to said person or persons.
(Prior code § 8-4.3)
If such nuisance is not so abated by said persons within 30
days, the Director of Public Works shall file with the City Council
a written report setting forth the facts of such nuisance, the giving
of notice, and the work needed to be done to remove the encroachment.
The City Clerk shall then give a notice of a hearing before the City
Council setting forth among other things the following:
A.
The
street address and legal description sufficient for identification
of the premises upon which the building or structure is located.
B.
The
conditions because of which the Director of Public Works believes
said encroachment is a nuisance.
C.
The
date, hour and place of hearing.
D.
The
necessary work or act to be performed.
E.
A general
statement that all interested parties who desire to be heard may appear
before the City Council to show cause why the encroachment should
not be abated.
(Prior code § 8-4.4)
The City Clerk shall cause one copy of the notice of hearing
to be posted in a conspicuous place on the premises where the encroachment
exists and shall in addition, not less than 10 days prior to the hearing,
cause one copy of said notice to be served, either in the manner required
by law for the service of summons or by first class mail, postage
prepaid, upon the owner of said premises as well as upon the possessor
or occupant or any person in apparent charge or control of said premises.
(Prior code § 8-4.5)
The City Council shall:
A.
Hear
and consider all competent evidence offered by any person pertaining
to the matter set forth in the report of the Director of Public Works.
B.
Make
a finding of fact as to whether or not the encroachment is a public
nuisance as defined in this chapter.
D.
If
the finding and order is that the encroachment is a nuisance requiring
abatement, the order shall state the street address of the property
involved as well as a legal description of the premises sufficient
for identification, the particulars which render the encroachment
a nuisance, the work required to be done, and the time within which
the work must be commenced, which shall not be less than 10 days nor
later than 30 days after the service of the order, and a reasonable
time within which the work shall be completed as established by the
City Council in said order.
E.
The
City Clerk shall post the order in a conspicuous place on the premises
involved and serve a copy thereof in the manner prescribed herein
for service of the notice of hearing upon the person upon whom this
chapter required the notice of hearing to be served.
(Prior code § 8-4.6)
The owner or other person having charge and control over said property where the encroachment found to be a nuisance exists who fails to comply with any order of the City Council to abate said nuisance is guilty of a violation per Chapter 1.08. Any person who removes any notice or order posted as required by this chapter is guilty of a violation per Chapter 1.08.
(Prior code § 8-4.7)
The City Council pursuant to Section 38775 of the Government
Code of the State of California as well as Section 38773 of the Government
Code of the State of California hereby finds and determines that if
the owner of said premises fails to comply with said order within
the time specified by the City Council or any extension thereof, that
the Director of Public Works shall cause the work of abatement to
be performed as ordered previously. In such an event the Director
of Public Works or duly authorized agent shall keep an itemized account
of the expenses involved in the abatement of said nuisance. Upon completion
of said work the Director of Public Works shall cause to be posted
on the property where the work was performed a verified statement
showing the cost of said abatement as well as a notice of the time
and place when and where said verified statement of cost will be submitted
to the City Council for approval and confirmation and at which time
said City Council shall consider any objections or protests if any
which may be raised by any property owner liable to be assessed or
charged for the cost of such work and any other interested person.
A copy of said statement and notice shall be mailed in the same manner
prescribed in this chapter for mailing of notice of hearing and an
affidavit of such posting and mailing shall be filed with the City
Clerk.
(Prior code § 8-4.8)
The posting and giving notice of the statement of cost of the
work shall be within 10 days from the completion of the work as ordered
and the hearing on said statement shall be not less than 10 days nor
more than 30 days from the date of giving of said notice. At the time
fixed for the hearing of the statement of expense the City Council
shall consider the statement together with any objections or protests
which may be raised by any of the property owners liable to be assessed
or charged for doing the work and any other interested person and
thereupon said City Council may make such revision, correction or
modification of the statement as it may deem just, after which by
motion or resolution, said report as submitted or in the event any
revisions, corrections or modifications have been ordered by said
City Council, then said statement as revised, corrected or modified,
shall be confirmed.
(Prior code § 8-4.9)
The expense of abating any encroachment found to be a nuisance
pursuant to the provisions of this chapter shall be chargeable to
the persons creating, causing, committing or maintaining such nuisance
and, shall be also chargeable against the property owner of the property
on which such nuisance is or was maintained.
(Prior code § 8-4.10)
The remedies herein set forth are cumulative. Encroachments
on publicly dedicated rights-of-way may be abated in accordance with
the terms and provisions of this chapter or in accordance with the
terms and provisions of this chapter or in accordance with the terms
and provisions of State law pertaining to the abatement of public
nuisances. The collection for the cost of the abatement of said nuisance
may be by such legal means as the Director of Public Works deems necessary
or convenient.
(Prior code § 8-4.11)
