It is the purpose of the provisions in 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 such rights-of-way, as well as the public health, safety and welfare.
(Prior code § 7300.00)
A.
The
city council finds that there exist within the city encroachments
on public dedicated rights-of-way which interfere with the public
use of such 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.
B.
Pursuant
to the provisions of Section 38771 of the Government Code of the state,
the city council finds that the existence of the following encroachments
on any public dedicated or acquired sidewalk, street, alley, lane,
court, park or other public place, is a public nuisance which must
be abated:
1.
Fences;
2.
Hedges;
3.
Excavations
below the top of curb elevation, where without permit;
4.
Sprinkler
system pipes above ground elevation;
5.
Cover
growth, such as ivy, ice plant and other similar type of vegetation,
where the same interferes with the public use of the right-of-way;
6.
Retaining
walls;
7.
Shrubs,
signs and trees, as well as buildings or fences where the same interfere
with the use of the public rights-of-way;
8.
Loose
gravel, broken blacktop and paving;
9.
Gates
swinging out or over public rights-of-way.
(Prior code § 7300.01)
In accordance with California Government Code § 38775, encroachments described in this chapter may be abated as nuisances by following the procedures contained in Chapter 8.16 of the Pico Rivera Municipal Code.
(Ord. 946 § 3, 2000)
