Note: Prior history; prior code §§ 17.21—17.30;
Ords. 1369 and 1536.
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
includes any tower, post, pole, pole line, pipe, pipe line,
conduit, wire, cable, fence, bench, kiosk, stand, steps, porch, building,
or any other structure or object of any kind or character not particularly
mentioned in this section which is placed on, over, or along any portion
of a public highway. "Encroachment" does not include:
Newsracks installed and maintained in accordance with the laws
of the city with reference thereto;
Signs installed and maintained in accordance with the laws of
the city with reference thereto;
Trees and shrubs planted and maintained in accordance with the
laws of the city with reference thereto;
Portable and usual garbage and rubbish receptacles when conforming
to and placed in accordance with the laws of the city with reference
thereto;
United States mail boxes: or
Any of the structures or objects listed or referred to above,
if placed, made, changed or removed by any city or her public official
or employee while acting within the scope of his or her office or
employment.
includes all or any part of the entire width of a public
street, alley or other way, including the sidewalk and parkway and
any other public property immediately adjacent to the highway, whether
or not such entire area is actually used for highway purposes.
(Ord. 1537 § 1, 1989)
It is unlawful for any person to place, make, change or remove
an encroachment without complying with the provisions of this chapter.
(Ord. 1537 § 1, 1989)
(a)
A permit, issued pursuant to the provisions of this chapter, shall
be required in order to place, make, change or remove an encroachment.
Any work done under the authority of a permit so issued shall be done
in accordance with the terms and conditions of such permit.
(b)
Each permittee shall present for inspection a copy of the permit
to any public official upon his or her request therefor, made at any
reasonable time and place.
(Ord. 1537 § 1, 1989)
Application for a permit pursuant to this chapter shall be made
to the director of public works on a form provided by the director
and shall be accompanied by an application fee, in an amount established
by resolution of the city council. The application shall specify the
following:
(1)
The nature, location and duration of the encroachment;
(2)
The name, address, and legal status of the applicant;
(3)
The name and address of the person who will be responsible for the
encroachment; and
(4)
Such other information as the director deems necessary, including,
but not limited to, plans and specifications for the work contemplated.
(Ord. 1537 § 1, 1989)
On each application, the applicant or his or her agent shall
sign a statement that he or she agrees to indemnify and hold harmless
the city and its officers, employees, servants and agents from any
liability or responsibility for any accident, loss or damage to persons
or property happening or occurring as a proximate result of the encroachment
and all work related thereto.
(Ord. 1537 § 1, 1989)
Prior to deciding whether to approve or deny a permit, the director
of public works shall give the owner of the property immediately abutting
the location of the proposed encroachment written notice of the application.
The notice shall describe the encroachment and shall provide that
within ten days from the date of the notice, the abutting property
owner may respond, orally or in writing, to the director regarding
the application. The director shall approve the permit upon finding
that:
(1)
The application is complete and all of the information provided by
the applicant is true and correct:
(2)
The encroachment is reasonably necessary and is consistent with the
public interest;
(3)
The encroachment will not cause any unreasonable interference with
the public's use of the highway;
(4)
The encroachment will not cause any unreasonable interference with
the abutting property owner's use of his or her property; and
(5)
The application fee and all charges, deposits and insurance certificates
required hereunder have been paid to, or filed with, the city.
(Ord. 1537 § 1, 1989)
The director of public works is empowered to conditionally issue
a permit where such conditions are reasonably necessary to ensure
compliance with the provisions of this code and to carry out the purposes
of this chapter. Such conditions may include, but are not limited
to:
(1)
The duration of the term of the permit;
(2)
The public highway be restored to its previous condition, or the
entire expense therefor be paid by the permittee;
(3)
The location and manner in which the work be done, including compliance
with all applicable laws and any necessary safety measures;
(4)
The encroachment be maintained in good repair;
(5)
The amount of charges and security deposits to be paid, if any. The
amount and form of such charges and deposits shall be set by the director,
based upon the estimated cost to the city of administration, engineering,
field inspection, and other services required; and
(6)
The type and amount of insurance to be carried by the applicant to
cover the encroachment and all work related thereto. The city shall
be named as an additional insured.
(7)
The recordation with the Los Angeles County recorders office of a
notice of encroachment and encroachment permit against the permittee's
adjacent private property, giving notice of the existence of the encroachment
and the encroachment permit.
(Ord. 37 § 1, 1989; Ord. 1930 § 1, 2009)
All permits issued pursuant to this chapter shall contain a
provision stating that if the director of public works determines
that the future improvement of the public highway necessitates the
relocation or removal of the encroachment, then the permittee will
relocate or move the same at his or her own expense. In such event,
the director shall serve on the permittee a written demand that the
encroachment be relocated or removed. This demand may specify the
place of relocation and shall provide a reasonable time, under the
circumstances, within which the work of relocation or the removal
must be completed.
(Ord. 1537 § 1, 1989)
Permits issued under the authority of this chapter are nontransferable.
(Ord. 1537 § 1, 1989)
The director of public works shall revoke a permit if the director
finds that:
(1)
The work thereunder is not being conducted in compliance with the
provisions of this chapter;
(2)
The permittee has failed to comply with an order to remove or relocate
the encroachment;
(3)
The work, as conducted, constitutes a public nuisance or is detrimental
to the public health, safety or welfare; or
(4)
The applicant falsified information on the permit application.
(Ord. 1537 § 1, 1989)
Within ten days following the approval or denial of a permit
by the director of public works, the applicant or the abutting property
owner may appeal to the city council by written notice filed with
the city clerk. Within ten days following the revocation of a permit
by the director of public works, the permittee may appeal to the city
council by written notice filed with the city clerk. The council shall
hear and decide the appeal within thirty days of filing, but may continue
the matter for good cause. The applicant or permittee and, when the
appeal is from the approval or denial of a permit, the abutting property
owner shall be given ten days prior written notice of the time and
place of the hearing. The council may, by resolution, impose a fee
to cover the cost of appeals.
(Ord. 1537 § 1, 1989)
(a)
The director of public works may order the immediate removal of any
encroachment which:
(b)
Where a permit has been obtained, the permittee shall be served with
written notice of the order for removal. Where no permit has been
obtained, written notice shall be given to the owner, occupant or
person in apparent possession of the encroachment, or to any other
person causing or suffering the encroachment to exist. The notice
shall describe the encroachment complained of with reasonable certainty
as to its character and location. In lieu of personal service, service
of notice may made by registered mail and by posting for a period
of three days a copy of the notice on the encroachment described in
the notice.
(Ord. 1537 § 1, 1989)
If a permittee or other responsible party fails to comply with
an order or demand of the director of public works made pursuant to
this chapter or if the director determines that the encroachment creates
an immediate danger to the public health, safety or welfare, the director
may summarily remove the encroachment and, if reasonably practicable,
store any materials obtained therefrom. The city shall have an action
to recover the expense of such removal, storage, costs and expenses
of suit, and in addition thereto the sum of ten dollars for each day
such encroachment remains after the expiration of the time for removal.
After sixty days, the director may sell, destroy, or otherwise dispose
of any materials stored at his or her discretion.
(Ord. 1537 § 1, 1989)
This chapter shall not limit the powers and duties vested by
law in the public utilities commission of the state, and in the event
of any conflict with regard to the powers and duties given by law
to the public utilities commission, those of the public utilities
commission shall prevail.
(Ord. 1537 § 1, 1989)
