Chapter 12.12
ENCROACHMENTS

Sections:

ARTICLE I.    GENERAL PROVISIONS

12.12.010    Title.

12.12.020    Definitions.

12.12.025    Maintenance of trees and vegetation.

12.12.030    Rights of lawful use unimpaired.

12.12.040    City employees exempted.

12.12.050    City contractors exempted.

ARTICLE II.    PERMITS AND FEES

12.12.060    Permit required when.

12.12.070    Illegal encroachments.

12.12.080    Emergency work.

12.12.090    Application--Form.

12.12.100    Application--Maps and sketches.

12.12.110    Application--Consent of public bodies.

12.12.120    Moving permits.

12.12.130    Beginning of work--Term of permit.

12.12.140    Completion of work.

12.12.150    Nontransferability.

12.12.160    Display of permit.

12.12.170    Changes.

12.12.180    Fees.

ARTICLE III.    DEPOSITS AND BONDS

12.12.190    Cash deposit required.

12.12.200    Bond in lieu of part of deposit.

12.12.210    Bond in lieu of deposit.

12.12.220    Additional amounts.

12.12.230    Conditions.

12.12.240    Payable to city--Filing--Release.

12.12.250    Public utilities.

ARTICLE IV.    REGULATIONS

12.12.260    Safety measures.

12.12.270    Notice of starting work.

12.12.280    Notice of completing work.

12.12.290    Drainage interference.

12.12.300    Interference with use of road or property.

12.12.310    Restoration.

12.12.320    Removal or relocation of encroachments.

12.12.330    Repair work.

12.12.340    Cover over pipes.

12.12.350    Backfilling.

12.12.360    Poles, line carriers, guy wires.

12.12.370    Visibility aids.

12.12.380    Moving vehicles or loads.

12.12.390    Mailboxes.

ARTICLE V.    APPEALS AND ENFORCEMENT

12.12.400    Appeal--Right.

12.12.410    Appeal--Findings necessary.

12.12.420    Violation--Penalty.

ARTICLE I. GENERAL PROVISIONS

12.12.010 Title.

The short title of the ordinance codified in this chapter is "Encroachment Ordinance." (Ord. 168 §13, 1967)

12.12.020 Definitions.

Unless the context otherwise requires, the definitions and general provisions set forth in this section shall govern the construction of this chapter:

A.    "City" means the city of Angels.

B.    "Encroach" includes going upon, over, under or using any right-of-way in such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance thereon of any of the following acts:

1.    Excavating or disturbing the right-of-way;

2.    Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform or other structure on or over or under the right-of-way;

3.    Planting any tree, shrub, grass or other growing thing within, or extending into, the right-of-way, or allowing any tree, shrub, grass, or growing thing to extend onto a street or sidewalk in such a way as to impede or divert the flow of water washing into storm drains;

4.    Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatsoever;

5.    Constructing, placing or maintaining on, over, under or within the right-of-way of any pathway, sidewalk, driveway or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable;

6.    Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;

7.    Lighting or building a fire;

8.    Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment, except that a tree or vegetation maintained in accordance with Section 12.12.025 shall not be considered an encroachment for purposes of this chapter.

C.    "Permittee" means any person(s), firm, company, corporation, association, public agency or organization that proposes to do work or encroach upon a public highway as defined in this chapter and has been issued a permit for the encroachment by the city engineer. All obligations, responsibilities and other requirements of the permittee, as described in this chapter, shall be binding on subsequent owners of the encroachment.

D.    "Public highway" means the full width of the surfaced or traveled portion, including shoulders and ditches, slopes of cuts and fills of any road, street, path, lane or alley dedicated to, reserved for, used by or for the general public, when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the state of California highway system or of an incorporated city street system.

E.    "Right-of-way" means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public, including "public highways" as defined in subsection D of this section. (Ord. 472 §1, 2016: Ord. 168 §§1--6, 1967)

12.12.025 Maintenance of trees and vegetation.

It shall be the duty and responsibility of every person owning or occupying any real property within the city, at his or her own expense, to:

A.    Keep all trees on that property, including trees located in an easement or right-of-way dedicated to the public, trimmed in such a manner that there is a clearance of at least fourteen feet above any street or alley, and a clearance of at least eight feet over any sidewalk;

B.    Keep all trees and vegetation on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device;

C.    Keep all trees and vegetation on that property trimmed in such a manner that no portion of the tree or vegetation blocks or reduces the light emanating from a streetlight onto a street or sidewalk; and

D.    Keep all vegetation on the property trimmed in such a manner that no portion of any vegetation protrudes into or obstructs any street, alley, sidewalk, or right-of-way. (Ord. 472 §2, 2016)

12.12.030 Rights of lawful use unimpaired.

Any permit granted under this chapter shall not annul the right of the city of Angels, or any person, firm, corporation, district or association entitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public highway shall be unduly obstructed at any time. (Ord. 168 §7, 1967)

12.12.040 City employees exempted.

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. (Ord. 168 §8, 1967)

12.12.050 City contractors exempted.

Work which requires a permit and is being performed by any person or persons, firm or corporation under contract with the city will be exempt from the fee and bond requirements of this chapter. (Ord. 168 §9, 1967)

ARTICLE II. PERMITS AND FEES

12.12.060 Permit required when.

It is unlawful for any person, firm, corporation or association, without first obtaining a written permit, to:

A.    Encroach or make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the incorporated territory of the city; or

B.    Make or cause to be made any alteration of any nature within, upon, over or under such right-of-way; or

C.    Construct, put upon, maintain or leave thereon any obstruction or impediment of any nature whatsoever; or

 

D.    Remove, cut or trim trees thereon; or

E.    Set a fire thereon; or

F.    Place on, over or under such right-of-way any pipeline, conduit or other fixtures; or

G.    Move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or width prohibited by law or having other characteristics capable of damaging the right-of-way, or to place any structure, wall, culvert or similar encroachment; or

H.    Make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way. (Ord. 168 §10, 1967)

12.12.070 Illegal encroachments.

No applications will be accepted nor permit issued for constructing or maintaining a loading platform upon a right-of-way, or for erecting, using or maintaining therein or thereon a post, pole, column or structure for support for advertising signs and any such installation is an illegal encroachment. (Ord. 168 §11, 1967)

12.12.080 Emergency work.

This chapter shall not prevent any person, association, firm or corporation from performing emergency maintenance on any pipe or conduit lawfully on or under any public highway, or from making an emergency use, or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association or corporation making an emergency use or encroachment of a public highway shall apply for a written permit therefor within ten days, commencing with the first business day the city offices open. Any person, firm, association or corporation requiring an emergency use or encroachment shall first notify the road commissioner’s office; during the hours the city offices are closed, notification shall be given the office of the chief of police. (Ord. 168 §12, 1967)

12.12.090 Application--Form.

The written permits required by this chapter shall be issued by the road commissioner for any lawful use, subject to conditions set forth in this chapter and required by law. The road commissioner shall prescribe and provide a regular form of application for a permit required by this chapter. The application form shall contain space for the applicant’s name and address, the contractor’s name, license number and primary place of business, if the applicant proposes to employ a contractor, together with such detail as in the judgment of the road commissioner is necessary to establish the purpose and use, the location, dimensions, estimated date of commencement and completion of encroachment. The application form shall be completed and signed by the applicant and filed with the director. (Ord. 168 §20, 1967)

12.12.100 Application--Maps and sketches.

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, when required by the road commissioner, of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right and necessity of applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on such map, plat, sketch, diagram or similar exhibit and these items will become an integral part of the permit. (Ord. 168 §21, 1967)

12.12.110 Application--Consent of public bodies.

The applicant shall also enclose with, attach to or add to the application copies of the written order or consent to any work thereunder, required by law, the Public Utilities Commission, sanitary districts, water districts or any other public body having jurisdiction. A permit shall not be issued until and unless such order, or consent, if required, is first obtained and evidence thereof filed with the road commissioner. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders, and shall protect and indemnify the city and all of its officers, agents and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by himself or his agents or employees. (Ord. 168 §22, 1967)

12.12.120 Moving permits.

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic prohibited by law without a permit is moved on any public right-of-way, a permit to do so must first be granted by the road commissioner. (Ord. 168 §23, 1967)

12.12.130 Beginning of work--Term of permit.

A.    The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance, unless a different period is stated in the permit. If the work is not commenced within ninety days, or within the time stated in the permit, then the permit shall become void unless, prior to its expiration, the time for commencement has been extended in writing by the road commissioner.

B.    A permit for temporary encroachments, as determined by the road commissioner, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from date of issuance, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the road commissioner mailed thirty days prior to the date of termination. (Ord. 168 §24, 1967)

12.12.140 Completion of work.

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the road commissioner find that delay in the commencing, prosecuting or completing the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the city for all expenses incurred by the road commissioner in restoring the right-of-way, plus fifteen percent as administrative costs. (Ord. 168 §25, 1967)

12.12.150 Nontransferability.

No permit issued pursuant to this chapter is transferable. The person or persons, public agency, firm or corporation actually making and/or maintaining the encroachment shall obtain the permit and furnish the bond. (Ord. 168 §26, 1967)

12.12.160 Display of permit.

A.    The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle, when movement thereof in a public highway is involved, and the permit must be shown to any authorized representative of the road commissioner or law enforcement officer on demand.

B.    A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the road commissioner or law enforcement officer within a reasonable time after demand therefor is made. (Ord. 168 §27, 1967)

12.12.170 Changes.

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except on written authorization by the road commissioner, except that no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way. (Ord. 168 §28, 1967)

12.12.180 Fees.

A.    The schedule of fees will be those recommended by the road commissioner and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the road commissioner, for payment to the treasurer of the city, cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedules established and adopted by the city council.

B.    Public utilities and political subdivisions may, at the road commissioner’s option, make payment for the charges referred to in subsection A of this section as billed by the city instead of advance deposit as required therein. (Ord. 168 §29, 1967)

ARTICLE III. DEPOSITS AND BONDS

12.12.190 Cash deposit required.

Unless this article is waived in the permit and before a permit is effective, an applicant shall deposit with the road commissioner or agent authorized by resolution of the city council cash or a certified or cashier’s check, in a sum to be fixed by the road commissioner as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the city council; provided, however, that an applicant may file a cash deposit on an annual basis in a sum estimated by the road commissioner as sufficient to cover his activities during any twelve-month period. (Ord. 168 §40, 1967)

12.12.200 Bond in lieu of part of deposit.

In lieu of the cash deposit prescribed by Section 12.12.190, the applicant may, upon approval by the road commissioner, file a cash deposit the minimum sum established by the schedule, if any, adopted for that purpose by the city council and in effect at the time of application for a permit, and the balance of the sum fixed by the road commissioner as sufficient to reimburse the city expenses incurred in restoring the right-of-way to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state of California. (Ord. 168 §41, 1967)

12.12.210 Bond in lieu of deposit.

In lieu of a cash deposit, the applicant may, upon approval by the road commissioner, annually file with the road commissioner an approved surety bond issued by a company authorized to do a general surety business in the state of California, in a sum fixed by the road commissioner as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council. (Ord. 108 §42, 1967)

12.12.220 Additional amounts.

The road commissioner may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council. (Ord. 168 §43, 1967)

12.12.230 Conditions.

The condition of any bond or cash deposit made pursuant to this article shall be that the permittee will diligently and in good faith comply with all the terms of this chapter and the terms and conditions of the permit. (Ord. 168 §44, 1967)

12.12.240 Payable to city--Filing--Release.

Any bond or cash deposit required by the road commissioner pursuant to this article shall be payable to the city and shall be filed with the road commissioner. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the city council will release the bond, or cash deposit, upon the expiration of ninety days. (Ord. 168 §45, 1967)

12.12.250 Public utilities.

Cash deposits or bonds will not be required of any public utility which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way. (Ord. 168 §46, 1967)

ARTICLE IV. REGULATIONS

12.12.260 Safety measures.

A.    The permittee, in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued pursuant to this chapter, shall provide, erect and/or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public.

B.    Any omission on the part of the road commissioner to specify in the permit what lights, barriers or other protective measures or devices shall be provided, erected or maintained by the permittee, or the fact that the road commissioner may not specify sufficient lights, barriers or other protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public highways. If, at any time, the road commissioner finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

C.    A permittee making any excavation or erecting or leaving any obstruction within, under or upon the right-of-way, or causing the same to be made, erected or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than fifty-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed two hundred and four hundred feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

D.    The warning signs, lights and other safety devices shall conform to the requirements of Section 21406 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the state of California. (Ord. 168 §50, 1967)

12.12.270 Notice of starting work.

Before beginning any work which includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the right-of-way, the permittee shall notify the road commissioner of the time of beginning work, unless otherwise exempt in the permit. (Ord. 168 §51, 1967)

12.12.280 Notice of completing work.

Unless this section is waived in the permit, the permittee, upon completion of all work, shall notify the road commissioner. No work shall be deemed to be completed until notice of completion is given pursuant to this section. (Ord. 168 §52, 1967)

12.12.290 Drainage interference.

If the work, use or encroachment authorized in a permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as approved by the road commissioner. (Ord. 168 §53, 1967)

12.12.300 Interference with use of road or property.

All work or use shall be planned and executed in a manner that will cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized, and at no time shall a public highway be closed, or the use thereof denied the general public, without the written permission of the road commissioner, nor shall use of private property be interfered with unreasonably without the consent of the owner. (Ord. 168 §54, 1967)

12.12.310 Restoration.

A.    Upon completion of the work, acts or things for which a maintenance of encroachment permit was issued, or when required by the director, the permittee shall replace, repair or restore the right-of-way as provided by this chapter and adopted specifications, or as directed by the road commissioner, within the limits of the specification. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way and shall do any other work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the road commissioner.

B.    After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. The permittee shall, upon notice from the road commissioner, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with actual costs of labor and materials, plus fifteen percent as administrative costs. By acceptance of the permit, the permittee agrees to comply with the provisions of this section. (Ord. 168 §55, 1967)

12.12.320 Removal or relocation of encroachments.

If any future construction, reconstruction or maintenance work on a public right-of-way requires the relocation or removal of installations or encroachments in, on or under the public right-of-way, the permittee owning, controlling or maintaining such installations or encroachments shall relocate or remove the same at his sole expense; provided, however, that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located shall be used for usual highway purposes and not as a freeway, and this provision shall cease to apply when such highway becomes a freeway. When removal or relocation is required, the road commissioner shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed from the right-of-way, and specifying a reasonable time within which the encroachment must be removed or relocated. If the permittee fails to comply with the instructions, the city may cause the removal or relocation of the encroachment at the expense of the permittee. (Ord. 168 §56, 1967)

12.12.330 Repair work.

All encroachment repair work done under a permit issued pursuant to this chapter shall conform to specifications established by the road commissioner or, in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to approval of the road commissioner. (Ord. 168 §57, 1967)

12.12.340 Cover over pipes.

The minimum cover over any and all pipes or conduits larger than two and one-half inches installed within the right-of-way shall be three feet of earth or imported material, unless otherwise specified in the permit. Within the public highway, the minimum cover of three feet shall be measured from the surface, existing or planned. The road commissioner is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures or other engineering necessity. (Ord. 168 §58, 1967)

12.12.350 Backfilling.

Backfilling and compaction of an excavation shall be in accordance with specifications established by the road commissioner and adopted by Resolutions 9-64 and 9-65 of the city council, both as to material and method. (Ord. 168 §59, 1967)

12.12.360 Poles, line carriers, guy wires.

A.    Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the Public Utilities Commission and other public agencies having jurisdiction.

B.    No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders and regulations of the Public Utilities Commission. (Ord. 168 §60, 1967)

12.12.370 Visibility aids.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the road commissioner may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Public Works or the state of California at the expense of the permittee. (Ord. 168 §61, 1967)

12.12.380 Moving vehicles or loads.

When authorized by a permit issued pursuant to Section 12.12.120 to move a vehicle or combination of vehicles or load of dimension or weight or other characteristic as generally prohibited by law, the permittee shall comply with the general law regulating travel over a public highway, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public highway, unless otherwise exempt by special permit. The permittee at all times shall conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee. (Ord. 168 §62, 1967)

12.12.390 Mailboxes.

All mailboxes must be placed in accordance with the rules and regulations of the United States Postal Service, but no mailbox or publication receptacle shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes or publication receptacles. (Ord. 168 §63, 1967)

ARTICLE V. APPEALS AND ENFORCEMENT

12.12.400 Appeal--Right.

Any person aggrieved by the refusal of a permit required by this chapter may appeal to the city council. (Ord. 168 §65, 1967)

12.12.410 Appeal--Findings necessary.

If the city council, after a hearing, finds all of the following to be true, the permit shall be granted:

A.    That the applicant will be substantially damaged by the refusal to grant the permit as requested;

B.    That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;

C.    That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property. (Ord. 392 (part), 2002; Ord. 385, 2002: Ord. 168 §66, 1967)

12.12.420 Violation--Penalty.

Any person, firm, corporation or other body or association of persons who violates this chapter is guilty of a misdemeanor. (Ord. 514 §3 (Att. G), 2021; Ord. 168 §64, 1967)