Chapter 15.36
OVERHEAD STRUCTURES
Section:
15.36.040 Deposit required for permit.
15.36.050 Deductions on deposit.
15.36.060 Application for permit.
15.36.080 Height requirements.
15.36.100 Width and height requirements for canopy.
15.36.110 Revocation of permit—Causes.
15.36.120 Appeal from revocation.
15.36.140 Effective date of revocation.
15.36.150 Removal of overhead structure.
15.36.160 Canopy permit deemed permit to maintain overhead structure.
15.36.170 Penalty for violation.
15.36.010 Defined.
“Overhead structure” means any structure extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in Chapter 45 of the building code of the city. (Ord. 46 § 141, 1957)
15.36.020 Person defined.
“Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county, and all departments and bureaus thereof except the road department of the county of Los Angeles, city and county, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit. (Ord. 46 § 15, 1957)
15.36.030 Permit required.
A person shall not erect or maintain any overhead structure without a permit from the commissioner. (Ord. 46 § 142, 1957)
15.36.040 Deposit required for permit.
An applicant for a permit to erect or maintain an overhead structure shall deposit with the commissioner an amount estimated by the commissioner to be equal to twice the actual cost of all necessary engineering and inspection, and repair of any sidewalk or highway surface which may be injured by such construction. (Ord. 46 § 143, 1957)
15.36.050 Deductions on deposit.
The commissioner shall deduct from the deposit the amount of the issuance fee and the actual cost to the city of the required engineering and inspection and of repairing any sidewalk or highway surface necessitated by such construction. If such cost and fee is less than the deposit, the commissioner shall refund the difference to the person making the deposit, in the same manner as provided by law for the repayment of trust moneys.
If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the excess to the city within fifteen days after receiving a statement of such excess from the commissioner. (Ord. 46 § 144, 1957)
15.36.060 Application for permit.
An application for a permit to construct or to maintain an overhead structure shall be in writing upon forms provided by the commissioner. (Ord. 46 § 145, 1957)
15.36.070 Issuance of permit.
If it appears to the commissioner that the overhead structure will not, insofar as he can foresee at the time of the application, create a hazard of any kind, that it will comply with this chapter, and with all other ordinances, and that the deposit has been made, he shall issue the permit. Otherwise he shall deny the permit. (Ord. 46 § 146, 1957)
15.36.080 Height requirements.
Each overhead structure other than a canopy shall be not less than fifteen feet above the highest portion of the highway surface over which such overhead structure extends. If the commissioner finds that traffic conditions are such that it is necessary for highway safety that such structure be at a greater height, then such structure shall be at such greater height as specified by the commissioner. (Ord. 46 § 147, 1957)
15.36.090 Canopy support.
Each canopy shall be supported by metal posts set into the sidewalk, parkway or other portion of the highway not designed for use by motor vehicles, on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts. (Ord. 46 § 148, 1957)
15.36.100 Width and height requirements for canopy.
A canopy shall not exceed ten feet in width and, except for the vertical supports, each canopy shall have a vertical clearance of not less than eight feet at every point and shall not exceed twelve feet in height. A valance or border, if made of canvas, cloth or similar fabric, shall be at least seven feet above the sidewalk or parkway at every point. If the canopy is covered with metal, no portion of the valance or border shall be less than seven feet six inches above the sidewalk or parkway at every point. (Ord. 46 § 149, 1957)
15.36.110 Revocation of permit—Causes.
The commissioner may revoke any permit to construct or maintain an overhead structure if he finds:
(1) Any state of facts which would have required that the permit be denied; or
(2) That the permit was obtained by fraud; or
(3) That the overhead structure is a hazard of any kind; or
(4) That any money due to the city pursuant to this chapter has not been paid. (Ord. 46 § 150, 1957)
15.36.120 Appeal from revocation.
Within ten days after a permittee has received notice from the commissioner that his permit to construct or maintain an overhead structure has been revoked, the permittee may file a notice of appeal with the city council. (Ord. 46 § 151, 1957)
15.36.130 Appeal hearing.
Upon receiving a notice of appeal the city council shall hold a hearing, either before itself or before a referee. Upon evidence at such hearing the city council may reverse, affirm, or modify the action of the commissioner. (Ord. 46 § 152, 1957)
15.36.140 Effective date of revocation.
A revocation of a permit to erect or maintain an overhead structure becomes effective on the date specified in the order of the city council on its decision on appeal, if an appeal is filed, otherwise when the time for appeal has expired. If no date is specified in the order of the city council the revocation becomes effective on the date of such action. (Ord. 46 § 153, 1957)
15.36.150 Removal of overhead structure.
Upon the effective date of a revocation, the person maintaining the overhead structure shall remove such overhead structure, including all framework and supports, and restore the highway or sidewalk, as the case may be, to its original condition. (Ord. 46 § 154, 1957)
15.36.160 Canopy permit deemed permit to maintain overhead structure.
Any permit to erect or maintain a canopy shall be treated and deemed to be a permit to maintain an overhead structure, and all of the provisions of this chapter apply to such permit and to such permittee. (Ord. 46 § 155, 1957)
15.36.170 Penalty for violation.
Every person who violates any provision of this chapter is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs.
Violation of any provision of this chapter is punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Ord. 46 §§ 25, 27 (part), 1957)