A. 
It is the purpose of this chapter to establish standards and regulations for the installation, construction, maintenance, repair and removal of private encroachments in the city's public right-of-way, while at the same time not unreasonably interfering with the personal enjoyment of private property.
B. 
These standards and controls are intended: (1) to ensure that these private encroachments are maintained in a manner consistent with previously adopted policies of the city as set forth in the general plan; (2) to guide the orderly development of the community; (3) to ensure the public health, safety, comfort, convenience and general welfare of the city; and (4) to regulate the removal or modification of existing encroachments when required by the city.
C. 
Nothing in this chapter precludes the director of public works from ordering the removal or modification of any existing encroachment, landscaping or vegetation, whether previously permitted or not, that is determined by the director of public works to interfere with a public works project(s), cause a potential public safety issue, or is otherwise inconsistent with this code.
(Ord. 396 § 1, 2011)
As used in this chapter:
"Breakaway"
means constructed in a manner such that the encroachment will yield readily if struck by a vehicle pursuant to state guidelines for breakaway objects as described in the California Manual of Traffic Control Devices or Roadside Design Guide or Caltrans Highway Design Manual or as approved by the public works director.
"Curb"
means the raised edging along any public road, boulevard, street, avenue, lane or alley and includes the contiguous public gutter or channel for carrying off surface water.
"Director"
means the director of public works, or designee for the purposes of this chapter.
"Driveway"
means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent property.
"Encroachment"
means and includes any fence, wall, building, structure, obstruction, tower, pole, pipe, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which is temporarily placed in, along, under, over or across the street.
"EA"
means encroachment agreement, a recorded document establishing the terms and conditions under which a private encroachment may be constructed and/or maintained.
"Parkway"
means that area between the curb of any street and the adjacent private property line, and where there is no sidewalk and/or curb, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel, and includes sidewalks, landscaped areas, center medians, unimproved areas, driveway approach, curbing, bulkhead, retaining wall or other works located in any public street, way or thoroughfare within the city.
"Pavement"
means the surfaced portion of the street which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds used for vehicle and/or pedestrian travel.
"Permit"
means a highway permit as described in Chapter 8.01 of this code, also known as a "construction permit."
"Person"
includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city including this city, any county, and all departments and bureaus thereof except the road department of this city.
"Private encroachment"
means any encroachment installed, constructed, maintained, repaired, reconstructed, or modified by someone other than a governmental agency. "Private encroachment" does not include any encroachment maintained by a governmental agency as part of the public infrastructure, whether or not it was installed by private person.
"Property owner"
means any individual, firm, corporation, nonprofit organization, collective, entity, or the agent or representative of any individual, firm, corporation, nonprofit organization, collective or entity, holding current or future ownership, title and/or property interest (including, but not limited to, tenancy interests) or is materially responsible for private encroachments located within the right-of-way, including their successors.
"Public"
means any person as defined by this chapter and includes the United States, this state, the county of Los Angeles and the city.
"Repair"
includes the fixing, reconstruction, replacement, modification, or restoration of any structure in the public right-of-way or on private property.
"Right-of-way"
means any property of which the city has an easement or ownership for public travel use or as a buffer between road use and private property.
"Roadway"
means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Section"
means a section of an ordinance codified in this code unless some other ordinance or statute is specifically mentioned.
"Shall"
is mandatory; "may" is permissive.
"Sidewalk"
means any surface provided for the general use of pedestrians.
"Street"
means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, sidewalks, berms or shoulder parkway, right-of-way or median strip.
"Structure"
means anything built, constructed, fabricated, formed or placed which requires a fixed location on the ground, or is attached to something having a fixed location on the ground regardless of method or location of its creation.
"Vehicle"
means and includes every wagon, cart, push cart, coach, carriage, omnibus, automobile, cycle, car, motorcycle, truck, trailer, tractor engine, tractor or other conveyance or contrivance for moving persons, animals or things in whatever manner and by whatever force or power the same may be ridden, driven, propelled, drawn or moved, which is driven, propelled, drawn or moved on a public right-of-way.
"Vehicle Code"
means the state of California Vehicle Code in effect at the time of issuance of an encroachment permit.
All other definitions used in the Municipal Code not identified in this section shall remain applicable to this chapter.
(Ord. 396 § 1, 2011)
The procedures and rules set forth in this chapter shall be applicable to all existing or proposed private encroachment(s), except as provided in Section 8.02.060. No encroachment subject to this chapter shall be installed, modified or added onto within the city's public right-of-way without first complying with the provisions of this chapter. Nothing in this chapter relieves the property owner or responsible party to obtain a permit for any work in the public right-of-way as specified in Chapter 8.01. A permit shall not be required to perform routine maintenance of an existing private encroachment, in accordance with Section 8.02.040, unless otherwise required by this code.
(Ord. 396 § 1, 2011)
It shall be the duty and responsibility of the property owner to maintain and repair any and all of the property owner's private encroachments within the public right-of-way in compliance with Section 8.02.140 and Chapter 8.16 whether or not they have been permitted. Maintenance and repair shall include cleaning, painting and/or replacement of in kind materials in order for the encroachment to be kept in an original and safe condition.
(Ord. 396 § 1, 2011)
An encroachment agreement (EA) shall be required to install or modify any private encroachment in the public right-of-way. The EA shall be deemed a conditional approval allowing the encroachment to remain in the public right-of-way until such future time as the city orders its removal and/or it is removed by the owner pursuant to this chapter. Upon approval of an EA, a permit must be obtained prior to installation or modification of the approved private encroachment.
(Ord. 396 § 1, 2011)
This chapter does not apply to the following encroachments:
A. 
Temporary use of the street for ordinary maintenance of any existing authorized or permitted encroachment;
B. 
An encroachment subject to a different city agreement or authorization, such as an easement or city franchise agreement;
C. 
An encroachment authorized by an independent right to use the city right-of-way;
D. 
Public works projects, public utility work, or work performed pursuant to Chapters 8.03 and 8.04 of this code;
E. 
Mailboxes constructed of breakaway materials which do not create an obstruction, as determined by the director; or
F. 
Existing private encroachments constructed before the effective date of the ordinance codified in this chapter if maintained subject to the requirements of Sections 8.02.040 and 8.02.140 of this chapter. This exception does not preclude the authority of the director to order the removal of any permitted or unpermitted private encroachment(s) at any time pursuant to the provisions of this chapter.
(Ord. 396 § 1, 2011)
A. 
An encroachment agreement (EA) may be issued for a new or modified private encroachment if the director, or upon appeal, the public works and traffic commission or city council, can make all of the following findings:
1. 
The private encroachment does not block access to streets or private driveways; obstruct the view of vehicles, pedestrians, equestrians or bicycles; nor negatively impact vehicular parking, circulation, line-of-sight or safety;
2. 
The private encroachment is in character with the neighborhood;
3. 
The private encroachment does not present a risk to the health, safety or general welfare of the public;
4. 
The private encroachment does not create or encourage a violation of the California Vehicle Code or other code or regulation of the city;
5. 
The need for the private encroachment is a unique condition and does not establish a precedent for similar private encroachments in the future;
6. 
The private encroachment does not create an inequitable condition that prevents normal use of the public right-of-way by the public or adjacent property owners;
7. 
An alternative solution or similar improvement is not reasonably feasible on private property.
B. 
The director may impose conditions of approval as deemed necessary in order to make the findings required by subsection A.
C. 
The failure to meet all findings shall result in denial of an EA and removal of the private encroachment, if existing.
(Ord. 396 § 1, 2011)
In addition to conditions of approval which may be imposed in order to make the findings required in this chapter, the following conditions shall be imposed on all EA approvals:
A. 
The property owner herein indemnifies, defends and holds harmless the city, its officers, agents and employees from and against any and all liability, damages, costs, losses, claims and expenses, including attorneys' fees and costs, caused or suffered by any person resulting directly or indirectly from or connected with the privilege of conditionally encroaching upon the public right-of-way. Said indemnification and defense shall include all areas under the control of the property owner under the EA.
B. 
The property owner agrees to maintain a policy in connection with the homeowner's insurance carrier, with proof to the public works department that the city has been named as additional insured for liability associated with the encroachment. The coverage shall provide for 30 days' notice of cancellation or nonrenewal of coverage to the city. The property owner shall provide proof of continuing coverage to the city.
C. 
City may terminate this EA at any time, without cause, upon giving 30 days' written notice to property owner.
1. 
Upon receipt of said notice, the property owner agrees to remove, at his or her sole expense, any and all private encroachments within said public right-of-way and clear all unimproved portions of the property affected by the prior installation as directed by the city. The public right-of-way shall be left in a clean condition, free of weeds, debris and materials.
2. 
If the private encroachment is not removed within 30 days following the date of notice, the city may remove the encroachment and all costs in connection with said removal shall be charged to the property owner, as provided in Section 8.01.250.
(Ord. 396 § 1, 2011)
A. 
Administrative Review. Each EA shall be subject to review by the director at any time. At his or her discretion, the director may hold a review hearing. The director will notify the property owner at his or her last known address at least 30 days prior to a review hearing. The purpose of an administrative review is to uphold the provisions of this chapter as it relates to a specific EA.
B. 
Additional Conditions. Pursuant to the review, the director may add conditions to any permit as necessary at any time to ensure health, safety or welfare of the general public or to comply with city standards, regulations, laws and decisions relating to the EA which are issued by any legislative body, court or agency with competent jurisdiction over the matter, and that the additional conditions are appealable pursuant to Section 8.02.120.
(Ord. 396 § 1, 2011)
At any time, the director may terminate an EA and/or revoke a permit issued pursuant to this chapter. Grounds for revocation may include, but not be limited to, the following reasons:
A. 
The property owner or responsible party has abandoned the private encroachment; or
B. 
The property owner or responsible party has failed to bring the private encroachment into compliance with the conditions of approval, or the requirements of this chapter, within the period of time provided in a written notice sent by the city requiring the private encroachment to be brought into compliance; or
C. 
The private encroachment has been determined by the director to pose a risk to the health, safety or general welfare of the public; or
D. 
An EA for a private encroachment has been terminated upon 30 days' notice pursuant to Section 8.02.080(C) of this chapter; or
E. 
An existing or proposed private encroachment conflicts with a planned public works project, public utility project or other city approved encroachment.
(Ord. 396 § 1, 2011)
A. 
A decision made by the director to approve or deny the issuance of an EA pursuant to this chapter may be appealed to the public works and traffic commission. A decision made by the public works and traffic commission may be appealed to the city council. Appeals shall be filed with the city clerk within 15 calendar days from the date of director or commission decision as applicable.
B. 
To appeal a decision related to an EA, the appellant or property owner shall be required to submit a letter of appeal, a drawing indicating the location and proposed construction of the encroachment, if applicable, and the required appeal fees.
(Ord. 396 § 1, 2011)
A. 
Upon abandonment, revocation, termination, or order to discontinue use, the property owner shall physically remove the private encroachment or abandoned elements within 30 days from the date of abandonment or notice from the city, unless a shorter period of time is required by the city. Property owner shall obtain a permit from the city prior to removal work. "Physically remove" shall include, but not be limited to:
1. 
Complete removal of existing private encroachment(s), including foundations, substructures, and related materials and equipment within the right-of-way;
2. 
Transportation of the private encroachments and related materials and equipment to an appropriate repository; and
3. 
Restoration of the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city.
B. 
Nuisance Abatement. If a property owner or responsible party fails to remove a private encroachment in accordance with this chapter, the private encroachment shall be deemed a public nuisance.
C. 
If the private encroachment is not removed, the city shall remove the encroachment and all costs in connection with said removal shall be charged to the property owner, as provided in Section 8.01.250.
(Ord. 396 § 1, 2011)
A. 
All private encroachments, whether or not they have been permitted, shall be maintained by the property owner or responsible party in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible, but no later than 30 days from city notice, so as to minimize occurrences of dangerous conditions or visual blight.
B. 
All private encroachments, whether or not they have been permitted, shall be maintained with like materials and without modification to the overall shape, color or size of the existing encroachment.
C. 
Inspections. Each property owner of a private encroachment shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.
(Ord. 396 § 1, 2011)
Any person who violates any provision of this chapter shall be guilty of a misdemeanor punishable as set forth in this code. Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the director or who, having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit or who performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor.
(Ord. 396 § 1, 2011)