Chino Hills Municipal Code Ch. 12.24 Encroachments

For purposes of this chapter, the following words and phrases shall have the meanings set forth below:

"Public open space" means all land or interest in land which by deed, conveyance, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for open space purposes.

"Encroach" means going on, over, or under, or using public open space in a manner which prevents, obstructs, or interferes with the normal use of that public open space, including the performance of any of the following acts:

1. Excavating, altering, or disturbing the soil in public open space;

2. Erecting or maintaining a post, sign, pole, or fence on, over, or under the public open space;

3. Planting a tree, shrub, grass, or other growing thing within the public open space;

4. Placing, leaving, or burying on the public open space any rubbish, brush, earth, or other material;

5. Constructing, placing, or maintaining on, over, under, or within the public open space a pathway, sidewalk, driveway, or other surfacing, a culvert or other surface drainage or subsurface drainage facility; or a pipe, conduit, or cable;

6. Traveling on the public open space by any vehicle or combination of vehicles of any dimension, weight, or other characteristic prohibited by law without a permit;

7. Lighting or building a fire within the public open space;

8. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public open space which causes or will cause an encroachment;

9. Dumping, storing, or burying any equipment or vehicle in the public open space;

10. Constructing, placing, or maintaining on, over, or within the public open space an improvement or structure of any kind, including walls, decks, animal feeders, tree houses, pool equipment, water lines, septic systems, or pumps;

11. Increasing the flow of drainage water into the public open space;

12. Pruning, spraying, trimming, or removing any existing plant material within the public open space;

13. Constructing, placing, or maintaining on, over, or within the public open space any type of animal husbandry activity, including pens, cages, stakes, runs, shearing, grooming, or slaughtering;

14. Constructing, placing, or maintaining on, over, or within the public open space any recreational improvements including horseshoe pits, archery targets, volleyball, or basketball courts.

"Violator" means any person who has encroached on the public open space in violation of this chapter.

(Ord. 58 § 1 (part), 1994)

This section does not apply to an officer, employee, agent, or contractor of the City in the discharge of his, her or their duties.

(Ord. 58 § 1 (part), 1994)

It is unlawful and subject to punishment in accordance with Section 12.24.080 of this chapter for any person to encroach within, on, over, or under the limits of the public open space.

(Ord. 58 § 1 (part), 1994)

A. When required by the City, the violator shall replace, and restore the public open space as provided in this chapter or as directed by the City at his, her or their sole expense. The violator shall remove all obstructions and material placed on the public open space and shall do any other work necessary to restore the public open space to a safe and usable condition.

B. On notice from the City, the violator shall immediately repair any damage or nuisance in the public open space resulting from the encroachment. If the violator fails to act promptly or if repairs or replacement are necessary before the violator can be notified or respond to notice, the City may perform the necessary work and charge the violator the actual costs of labor and materials, plus fifteen (15) percent as administrative costs.

(Ord. 58 § 1 (part), 1994)

The violator maintaining the encroachments shall remove them and restore the property to its former state at his, her or their sole expenses When removal and restoration is required, the City shall give the violator a written demand specifying that the encroachments must be removed from the public open space, and specifying in the demand a reasonable time within which the encroachment must be removed and the property restored. If the violator fails to comply with instructions, the City may remove the encroachment and restore the property. The violator shall be liable for all the costs incurred by the City for any removal and restoration—including administrative costs.

(Ord. 58 § 1 (part), 1994)

A. All encroachment removal and restoration work shall conform to specifications established by the City and in the absence of such standards to recognized standards of construction and approved practices.

B. Unless otherwise noted on the notice, all encroachment removal and restoration work performed on the public open space shall conform to the construction specifications contained in the current edition of the standard specifications adopted by the City and applicable to the type and location of the restorative work involved.

(Ord. 58 § 1 (part), 1994)

Any person or persons violating any of the provisions of this chapter is guilty of an offense, chargeable as an infraction or a misdemeanor at City's discretion and subject to punishment in accordance with Section 1.36.010, et seq. of this Code. Each and every day during any portion of which the provisions of this chapter are violated, shall constitute a separate offense and may be punished accordingly.

(Ord. 58 § 1 (part), 1994)

The maintenance of an encroachment in the public open space or upon public property in violation of this chapter is a public nuisance and may be abated pursuant to Sections 1.36.040 and 1.36.050 and/or Chapter 8.12 of this Code.

(Ord. 58 § 1 (part), 1994)