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)
a. 
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to any applicable penalty provisions of this code including the administrative penalty provisions of Section 1.08.010 of this code.
b. 
The City Engineer or their representative shall send written notice to the owner of any encroachment without a permit or any encroachment in violation of a permit. If the owner does not remove the encroachment and restore the public property or apply for a permit to maintain the encroachment within thirty days of the city's notification, the city shall have the right to immediately remove the illegal encroachment and restore the public property, and the owner shall be liable for all of the city's direct and indirect costs and expenses, including any impound fees passed by the City Council. Notwithstanding any other provision of this chapter, if at any time an encroachment poses a risk to the public's health or safety, the city shall have the right to remove the encroachment and shall notify the owner of the encroachment.
(Ord. 19-1073 § 1, 2019)
Fees under this chapter shall be established by City Council resolution.
(Ord. 19-1073 § 1, 2019)