Del Rey Oaks Municipal Code Ch. 12.12 Permits for Long-Term Use of City Real Property

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Long term use of city real property means use of any city-owned real property in such a manner which would appear to a casual observer that the user had title to the property, including but not limited to, placing a fence or retaining wall on it.

(Prior code § 10-701)

It is recognized that various property owners have erected structures on city-owned property, unused portions of streets, lanes and other places or are otherwise making use of city land in a manner which would seem to indicate that such owner has title to that land. It is recognized that most of these uses do not constitute any danger to persons or property and are beneficial to both the property owner and the city and therefore should be allowed, subject to conditions appropriate to each situation. The purpose of this chapter is to provide a procedure for the authorization of such uses by the issuance of permits where such uses are beneficial and do not constitute a danger to the public and to abate and cause to be removed other uses that may now or in the future exist or be discovered to exist.

(Prior code § 10-702)

The city council may grant a permit for the long term use of any city-owned real property, street, lane or public place or any other property over which the city council has jurisdiction. It is unlawful for any person to make long term use of any city-owned property without a valid permit from the city council.

(Prior code § 10-703)

The authority of the city council to grant permits under this chapter is delegated to the city engineer who shall exercise the authority of the city council as set forth in Section 12.12.090.

(Prior code § 10-704)

The city engineer may, at his discretion, refer the application for a permit under this chapter to the planning commission for a recommendation.

(Prior code § 10-705)

All applications for a permit shall be submitted on a form supplied by the city and signed by the applicant property owner. The original of all permits shall be filed with the city clerk and shall contain the signature of the applicant property owner indicating acceptance of the terms and conditions of the permit.

(Prior code § 10-706)

The city engineer may, with a recommendation, refer any application to the city council for determination. The city council's determination shall be final.

(Prior code § 10-707)

A. The denial, issuance or conditions of a permit under this chapter by the city engineer may be appealed by the applicant or by any person adversely affected by its issuance. The appeal must be filed in writing with the city clerk not later than the 15th day after the date notice of the city engineer's decision is mailed to the applicant. On receipt of an appeal, the city clerk shall set the matter for hearing occurring at least 15 days after receipt of the appeal. Notice of the hearing shall be mailed to the applicant and any party who has submitted written comments at least ten days before the hearing.

B. On appeal, the city council may hear and determine the matter as if it were an original application. The city council's determination of the matter shall be final.

(Prior code § 10-708)

The conditions set out in this section shall apply to all permits issued by the city under this chapter and are incorporated therein and made a part thereof by reference. All such permits are subject to the following conditions whether stated therein or not.

A. Permits are revocable on motion of the city council and no notice is required unless specifically so stated in the permit. The revocation of any permit shall be effective immediately upon the passage of the motion, or if notice is required by the terms of the permit, on the date of mailing notice of revocation.

B. Where notice in writing is required by the terms of the permit, such notice shall be mailed to the applicant at the address appearing on the application, unless the city clerk has been notified in writing of a change of address.

C. Any required notice shall conclusively be presumed to have been received when placed in the United States mail, with proper postage affixed, addressed to the applicant at the address appearing on the application, or to any change of address of which the city clerk has been notified, in writing.

D. Permits shall be considered appurtenant to the property that they benefit, and if the city's consent in writing is first had and obtained, shall be transferable in the sale or transfer of such property, unless otherwise stated in the permit. The original permittee shall remain responsible for compliance with all general and special conditions of approval of the permit until such time as the transferee executes a permit application.

E. Unless otherwise specifically stated, all uses permitted under this chapter shall be removed at the expense of the applicant or transferee within 30 days of the effective date of revocation or termination. After such time such use shall be in violation of this chapter and subject to the provisions of Section 12.12.100.

F. The city council may impose any conditions appropriate to the particular application under consideration. All permits may be limited in time, transferable, or nontransferable, require or not require notice in writing, be subject to site or architectural control and provide conditions and time limits for removal of the use upon revocation or termination of the permit. The city council may also require a bond, payable to the city, for failure to remove the permitted use and property damage and public liability insurance.

(Prior code § 10-709)

A. Whenever a long term use of city-owned real property exists without a permit, or the permit for such use expires, terminates or is revoked, it shall be the duty of the city engineer to require the abatement of such use and to serve such notices and take such action as is required by this section.

B. The city engineer shall require the city clerk to serve a "Notice of Removal of Unauthorized Use" upon either the owner or occupant of the property to which the use is appurtenant, or the person causing, owning or controlling the use, by one of the following methods:

1. Where the person is a resident of the city, by personally serving notice on him/her;

2. Where the person is a nonresident of the city, or absent from the city, by mail, first-class, certified, return receipt requested, deliver to addressee only;

3. Where the person is unknown or the address is unknown, by posting the notice in a conspicuous place upon the property;

4. The effective date of service shall be the date on which notice is personally served, or the date placed in the United States mail, properly addressed with sufficient postage thereon, or the date posted on the property, whichever is appropriate.

C. The notice of removal shall contain the following information deemed appropriate by the city engineer:

1. The street address or legal description of the property;

2. A description of the unauthorized use to be abated;

3. A description of the area from which the use is to be abated and the corrective measures to be taken;

4. The date by which the use is to be abated which shall be 30 days from the date of service and a statement that after such date the owner becomes subject to the penalty provisions of this chapter.

D. All uses required to be abated shall be abated within 30 days of the date of service of the notice. On application of the owner or person upon whom notice is served, the city engineer may extend the time of abatement for one period not to exceed 30 days. On written application of the owner or person served with the notice, the city council may extend the time of abatement for any period it deems appropriate.

E. Within 15 days after receipt of notice, the owner or person served may make application for a permit to authorize the use under the terms and procedures of this chapter. If such application is made, all proceedings under this section shall be suspended until final action of the city council. If the permit is denied, the use shall be abated within 30 days after denial by the city council, unless the city council sets a different time for removal.

(Prior code § 10-710)

A. No person shall fail to remove an unauthorized long term use of city-owned real property after the time specified in Section 12.12.100.

B. If the use is not abated within the time specified in Section 12.12.100, the city engineer may cause the use to be abated at the expense of the owner or occupant of the property, or the person causing, controlling or owning the unauthorized use. After abatement of such use, the city engineer shall prepare a bill of actual costs and serve the same in the same manner as provided for in the service of the notice of removal. If the costs are not paid within 30 days of service, the charge shall become a lien against the property unless the city council, in its discretion, requires the city attorney to bring an action for its collection.

C. The remedies described in this section are nonexclusive and the city may proceed under any available remedy including civil action for abatement and/or prosecution pursuant to Section 1.16.010.

(Prior code § 10-711)