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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. ~~ ~~ 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. ~~~ ~ ~ Andrea Hooper, City Clerk Form: ty A