As used in this chapter:
"Encroachment"
means and includes any structures, objects, uses or landscaping
located on, over, or under the public right-of-way for private use
and enjoyment. Permissible encroachments are those which place a minimal
burden on the right-of-way, are easily removable and do not materially
alter the character of the right-of-way as open space, and include,
but are not limited to, landscaping, fencing, movable personal property
(such as furniture and planters), patios, decks, landscape irrigation
and lighting systems and similar structures and objects, in accordance
with the standards, conditions and requirements of this chapter.
(Ord. 19-1073 § 1, 2019)
Except as provided for elsewhere in this code, an encroachment
permit is required for any encroachment. The encroachment permit shall
be in a form provided by the city Engineer and approved by the City
Attorney. Issuance of an encroachment permit is within the city's
discretion and constitutes a privilege granted by the city as a convenience
to an adjoining property owner and not a right. An encroachment permit
is not a substitute for a building permit or a construction permit
when either is otherwise required by this code.
(Ord. 19-1073 § 1, 2019)
All encroachment permit applications filed with the City Engineer
in compliance with this chapter shall be initially processed as follows:
a. Review
for Completeness. The department shall review all applications for
completeness and accuracy before being accepted as complete. The City
Engineer will consider an application complete when:
1. All
necessary application forms, documentation, exhibits, materials, and
studies as established by the City Engineer, have been provided and
accepted as adequate; and
2. All
necessary fees and deposits have been paid and accepted.
b. Finding
Necessary to Grant Encroachment. The City Engineer, in granting approval
of an encroachment permit application shall make a finding that the
plans and application meet the guidelines and conditions of approval
as set forth in this section. Permitted encroachments shall comply
with the following requirements and conditions (where applicable):
1. All
construction shall conform to the requirements of the West Hollywood
Building Code, the Municipal Code, and any applicable standards and
policies.
2. Landscaping
encroachments within the public right-of-way shall not exceed the
building height limitation of the applicable zone.
3. An
encroachment shall not obstruct access to underground utilities nor
significantly impair views.
4. An
encroachment shall not provide above-ground structural support or
permanent, underground structural support for any structure located
on private property.
5. All
encroachments shall provide and maintain an area of passage for pedestrian
traffic and shall be fully accessible to the physically disabled,
as required by the
California Building Code, Title 24, Disabled Access
Standards, and any other requirements of law.
6. Use
of the encroachment area shall not adversely affect the welfare of
the nearby residents or commercial establishments.
7. All
encroachments shall be maintained in a neat and clean manner, free
of litter and graffiti, at all times. The applicant shall actively
monitor the area and promptly remove litter and other trash.
(Ord. 19-1073 § 1, 2019)
Any person who shall commence any work for which a permit is
required by this chapter without first having obtained a permit therefor
shall stop work and apply for such permit.
(Ord. 19-1073 § 1, 2019)
The permittee shall make the permit immediately available for
inspection when requested by the City Engineer or their representative,
any peace officer, or any other person authorized to enforce the provisions
of this chapter.
(Ord. 19-1073 § 1, 2019)
The provisions of Section
11.18.020 do not apply to construction, repair, or excavation in the public right-of-way as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair, or excavation in the public right-of-way shall obtain a permit therefor within one business day of such construction, repair, or excavation.
(Ord. 19-1073 § 1, 2019)
When extending or renewing an encroachment permit, the permittee
shall provide all requested documentation to the City Engineer and
pay all required fees prior to the expiration date of the permit.
Failure to do so shall cause the original permit to expire and not
be renewed.
(Ord. 19-1073 § 1, 2019)
Fees under this chapter shall be established by City Council
resolution.
(Ord. 19-1073 § 1, 2019)