Beverly Hills Municipal Code Ch. 3 Encroachments in Streets, Alleys, and Other Public Property

No person, unless exempted under the provisions of section 8-3-2 of this chapter, shall encroach, obstruct, or cause any encroachment to be placed upon, in, or under any public street, alley, sidewalk, parkway, or other public property without a permit issued under the provisions of this chapter. (1962 Code §§ 7-2.04, 7-3.02, 7-3.04, 7-3.29, 7-1.27)

The following shall be exempt from the provisions of section 8-3-1 of this chapter:

A. Activities and installations for which a permit is issued under chapter 2 of this title.

B. Newsracks for which a permit has been issued under title 4, chapter 3, article 6 of this Code.

C. Public utilities which have an existing easement for utility service.

D. Producers of agricultural products or other vendors with written permission from the City to operate in the public right- of-way during a "farmers' market" as defined in chapter 6 of this title.

E. Special events for which a permit has been issued under title 4, chapter 8 of this Code.

F. Activities for which a permit is issued under title 4, chapter 2, article 22 of this Code. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 19-O-2771, eff. 2-8-2019)

An application for a permit shall be filed with the transportation/engineering official and shall comply with the following requirements:

A. Completion of a permit application on the form designated by the City and signed by the applicant.

B. Filing of plans and specifications as required by section 8-3-12 of this chapter in accordance with the regulations issued by the transportation/engineering official.

C. Payment of the permit fee as prescribed by Council resolution.

D. Posting of any security bond and/or insurance as required by section 8-3-9 of this chapter.

E. Compliance with such other requirements as designated in the rules and regulations of the transportation/engineering official pursuant to section 8-3-14 of this chapter. (1962 Code § 7-1.06)

The transportation/engineering official shall have the authority to act upon and issue permits under the criteria set forth in section 8-3-6 of this chapter for the following types of encroachments:

A. Minor encroachments for objects or materials which are not affixed to real property, including, but not limited to, ornamentation, flower containers, and other encroachments not regulated by permits issued under chapter 2 of this title.

B. Other minor encroachments for a period not exceeding three (3) years, unless such encroachments require council approval under section 8-3-5 of this chapter. (1988 Code)

Council approval under the criteria set forth in section 8-3-6 of this chapter shall be required for the following types of encroachments:

A. Encroachments for any permanent structure above, on, or beneath the surface.

B. Encroachment upon any public street which closes the street to public use, or which substantially interferes with public use of the street, except parades, for which a permit is issued under title 4, chapter 3, article 2 of this code.

C. Any other type of encroachment other than construction activity, which would exceed one year in duration, and not authorized by any other provision of this code. (1988 Code)

Encroachment permits may be granted if each of the following criteria are met:

A. The encroachment use for which the permit is requested is necessary or desirable;

B. The encroachment use does not create a substantial adverse impact on persons or property;

C. The encroachment use does not adversely affect the public health, welfare, and safety. (1988 Code)

A. As a condition of issuance of any permit issued under section 8-3-5 of this chapter, the permittee and legal owner of the adjacent property shall execute a recordable covenant running with the land, in a form approved by the city attorney, surrendering possession of the encroachment structure, and releasing the city from all claims in the event the city determines to widen or improve the street, alley, parkway, or other public place where the encroaching structure is situated.

B. In addition to the requirement of subsection A of this section and the requirements under the provisions of this chapter, such conditions may be imposed on any permit as deemed necessary to protect the city, persons, property, or the public health, welfare, and safety. (1962 Code § 7-2.06)

Upon denial of a permit, the applicant shall be notified in writing of the denial and furnished a statement of the reasons for such denial. (1988 Code)

Upon issuance of a permit under this chapter, the permittee shall post and at all times while the permit is in existence, maintain a security bond and insurance as required by the provisions of this chapter.

A. The amount of the bond shall be designated by the approving authority at the time of approval of the permit, and shall be in an amount which is determined to be sufficient for removal of the encroachment in the event the permittee fails to comply with the conditions of the encroachment permit. The bond may be waived where it is determined that any injury to the city from the existence of the encroachment is minimal. Any security bond required by this section may be cash, or cash equivalent security approved by the city attorney and the risk manager, or a bond in accordance with title 3, chapter 4 of this code.

B. The amount of insurance shall be designated by the approving authority at the time of approval of the permit, and shall be in an amount which is determined to be sufficient to adequately protect the city, persons, and property for injuries or damages which may be caused by the encroachment authorized by the permit; provided further, insurance may be waived where risk is very minimal, and the encroachment has aesthetic value to the city. The insurance shall comply with the provisions of title 3, chapter 4 of this code. (1988 Code)

A. The term of an encroachment permit issued under section 8-3-4 of this chapter shall not exceed a maximum period of three (3) years; and provided further, any encroachment permit issued under section 8-3-4 of this chapter shall be revocable upon thirty (30) days' written notice to the permittee.

B. The term of an encroachment permit issued under section 8-3-5 of this chapter shall be determined by council at the time of approval of the permit. (1988 Code)

Upon failure of the permittee to remove an encroachment for which a permit was issued under this chapter, or otherwise fails to comply with the terms of the encroachment permit, the city may remove, or cause the removal of such encroachment or take such other action as reasonably necessary, and the permittee shall be liable for all costs incurred in such action by the city. (1988 Code)

Any encroachment for which a permit is required under the provisions of this chapter shall require the submittal and approval of location, plans, and specifications in accordance with the regulations issued by the transportation/engineering official under section 8-3-14 of this chapter. (1988 Code)

The permit applicant, or any person adversely affected by the decision of the transportation/engineering official in granting or denying a permit under section 8-3-4 of this chapter may appeal to council under the provisions of title 1, chapter 4, article 1 of this code. (1988 Code)

The transportation/engineering official is authorized and empowered to issue rules and regulations for implementation of the provisions of this chapter, and upon issuance all persons shall comply with such rules and regulations. (1988 Code)