HomeMy Public PortalAboutOrd. 1368ORDINANCE NO. 1368
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD, CALIFORNIA, ADDING
SECTION 13-11 TO THE LYNWOOD MUNICIPAL CODE,
RELATING TO ENCROACHMENTS
THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
sE¢TION 1: Section 13-1?. of the Lyn-rood Munic.ipsl Code
is hereby added as follows:
13-11 ENCROACHMENTS
13-11.1 Enaroaohment permits. No person shall erect,
construct, place or maintain any building, structure, Yence, wall,
porch, step, post, pole, pipe, conduit, sign, blockade, seat,
bench, table, merchandise, or other physical encroachment or
obstruction in, over, or upon any public street, a12ey, and public
ways which have been dedicated or are open to public use and the
curbing, sidewalk and parkway, if any, adjacent thereto without
first obtaining and maintaining a permit therefor. A holder of a
special permit uner Section 13-10 of this Code need not obtain an
encroachment permit under this Section 13-11.
13-11.2 Application. A. Applications for encroachment
permits shall be filed with the director of public works on a form
supplied by the directors office. Each application shall contain
the following:
2. The nature, description and location of the
encroachment;
3. A legal description and address of the real property
to be benefited by the encroachment;
4. The reason that the encroachment ie needed;
5. The proposed duration of the encroachment; and
6. Additional information as required by the Director
of Public Works.
B. Each application shall be accompanied by a deposit
established by the City Engineer, based on reasonable costs_ to the
city for engineering, inspection, administration, and other related
expenses. If city-costs exceed the deposit, applicant shall submit
the difference to the city. if city costa are less than the
deposit, the city will refund the difference upon written request
of the applicant.
13-11.3 Deoieion. If the director of public works
determines that the proposed encroachment will benefit the public,
or serve a public Aurpase and wall not_ be detrimental to the
health, safety, cr welfare of the 'public and-w111 riot -inerfee
with the rights or welfare oP owners of adjacent or abutting
property, the director shall issue the permit. Such a permit shall
be subject to any reasonable conditions or limitations imposed
thereon to assure the elimination or avoidance of adverse effects.
If at any time the director determines that the encroachment has
become detrimental to the health, safety, or welfare of the city,
or that the public welfare would be served by removal of the
encroachment, or that a public works project requires removal of
the encroachment, the encroachment permit shall be revoked by the
city manager upon giving the permittee five days written notice
thereof.
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13-1i.! Inauranoe. Un).eas the director of public works
finds that no insurance is required for the protection of the city
or the public and waives the requirement of .this section, the
permit shall not be effective unless and until the applicant poste
and maintains with the city a policy of publia liability and
property damage insurance, approved as to form and insurer by the
city manager and conditioned so ae to protect, indemnify and save
harmless the city, its officers and employees from all loss,
damages, liability, cots and expanses that may result from or
arise out of the granting of the permit for and the installation oP
the encroachment, and to pay any and all loss or damage that may be
sustaitted by any person as a result thereof. The limit of
liability shall be at least one hundred thousand dollars for the
death or bodily injury of one person .and three hundred thousand
dollars for death or bodily injury of more th<an one person, and
fifty thousand dollars for property damage.
13-11.5 Exemptions. This chapter shall not apply to:
A. United States mail boxes;
B. Public utility polea and facilities pursuant to
rights granted by city or state law; and
C. Portable garbage and rubbish receptacles or refuse
when conforming to and placed for collection in accordance with the
provisions of this Code.
SECTION 2: Operative date. This ordinance is
declared to be an urgency measure and shall take effect immediately
upon adoption. The basis for the urgency is that the City is
engaged in a public works project to widen Long Beach Boulevard and
must immediately issue encroachment permits for fixtures located on
private property dedicated to or condemned by the City.
SECTION 3: The city clerk shall certify to the
passage and adoption of this ordinance, and cause it to be
published 1~ th_ manner nrsscribed by law, _
INTRODUCED, PASSED AND ADOPTED this 17th day of December
1991.
Lo 1s J. i e, Mayor
Cit of Lynwood, California
ATTEST:
ANDREA HOOPER, City lerk of
the City of Lynwood, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss•
CITY OF LYNWOOD )
Z, Andrea Hooper, City Clerk of the City of Lynwood,
California, do hereby certify that the foregoing ordinance was duly
and regularly adopted, passed and approved by the City Council of
the City of Lynwood, California, at a regular meeting of said City
Council held at the regular meeting place thereof on thel7th day
of December , 1991, by the following vote:
AYES: COUNCILMEMBERS BYRD,_REA, RICHARDS, WELLS, HEINE
NOES: NONE
ABSENT: NONE
Dated this _17th day of ^po,-omti___~,_e __, 1991.
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Andrea Hooper, City Clerk
Form:
ty A