El Monte Municipal Code Art. I General Provisions

For the purpose of this chapter, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended.

"Advertising bench" means and includes any bench on or upon which any kind of advertising matter is placed, maintained or displayed.

"Bench" means and includes any seat, bench or other device located upon public property for the use or accommodation of passersby or persons awaiting transportation.

"Encroachment" means and includes, but is not limited to, any bench, signs, or newsrack, or any other real or personal property installed, constructed, placed, or maintained on public property for a period in excess of thirty (30) minutes in any twenty-four (24) hour period without a permit issued pursuant to Chapter 5.12 of this code or permission granted by the City Council.

"Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale or distribution of any written or printed material, including, but not limited to, newspapers, news periodicals or other news publications.

"Public property" means and includes property owned by the city and property in, on, upon or across which the city has an easement for public street, road, highway, alley, sidewalk, parkway, planting, access, ingress, egress or other purposes.

"Sign" shall have the same meaning as set forth under Section 17.152.060 of this code, and all subcategories of signs.

(Prior code §§ 6351.1—6351.1.7; Ord. 2701 § 4, 2007; Ord. No. 2831, § 25, 9-24-2013; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

No person shall construct, install, maintain or otherwise place an encroachment upon any public street, sidewalk or other public right-of-way without first obtaining an encroachment permit issued pursuant to Chapter 5.12. (Business Permits Generally) or Section 8.20.267 (Trash Bin Encroachment Permits) of the El Monte Municipal Code, whichever is applicable.

(Ord. 2701 § 5, 2007: prior code § 6351.2)

An application for an encroachment permit required by this chapter may include all locations for which a permit is requested, and a single permit may be issued for all locations specified in such application and approved pursuant to Chapter 5.12 of this code.

(Prior code § 6351.2.1)

In addition to the requirements specified in or imposed under Chapter 5.12 of this code, each application for a permit for any public property encroachment shall be accompanied by an application fee specified in Section 5.12.270(A)(11) of this code and shall contain the information specified in subsections A through E of this section. Section 12.28.280 of this code shall govern news rack applications.

A. Owner. The name, address, and telephone number of the applicant, who must be the owner of the encroachment for which application is made;

B. Location. The proposed location of each encroachment for which permit application is made, together with the name and address of the owner or tenant of the property abutting such proposed location;

C. Description. A description of the encroachment showing its type, general dimensions and materials of construction;

D. Advertising. A statement by the applicant whether or not it is proposed to place advertising matter in the encroachment for which permit application is made, and the general nature of the advertising matter proposed to be placed thereon. All advertising matter placed on the encroachments shall at all times be subject to the continuing approval of the permit committee;

E. Compliance. A statement by the applicant that he or she is familiar with the provisions of this chapter, that he or she approves the same, and if granted the permit applied for that he or she will observe, abide by and be bound by the provisions of this chapter.

(Ord. 2538 § 2 (part), 2001: prior code §§ 6351.2.4—6351.2.4.5)

No fee shall be payable pursuant to this chapter for any application filed by any agency or instrumentality of government.

(Prior code § 6351.2.5)

A. No permit shall be issued pursuant to this chapter unless the applicant shall post and maintain with the Clerk a surety bond or policy of public liability insurance, approved by the City Attorney and conditioned as hereinafter provided.

B. Exception. Unless expressly required by the encroachment permit, no bond or insurance shall be required for any street sign.

C. Noncancellable. Such bond or policy shall likewise provide that it is noncancellable upon less than fifteen (15) days' notice in writing to the Clerk.

D. Insurance shall be provided which names the city as an additional insured in accordance with Section 3.24.160 of this code.

E. In addition to the above-mentioned requirements, the applicant shall comply with the provisions of Section 12.28.450 of this code.

F. Notwithstanding any other provision of this chapter to the contrary, no encroachment permit may be issued under this chapter for the display, placement or posting of any sign upon any public street, sidewalk, or other public right-of-way where such display, placement or posting is prohibited under Chapter 17.80 of this code, or otherwise inconsistent with the restrictions and requirements of Chapter 17.80 of this code. Similarly, no encroachment permit may be issued under this chapter authorizing any person to attach or affix a sign to any "public improvements" as defined under Chapter 17.152 of this code, where the attachment or affixing of such a sign would is prohibited or otherwise inconsistent with the restrictions and requirements set forth under Chapter 17.80 of this code.

(Prior code §§ 6351.2.9—6351.2.9.4; Ord. 2538 § 2 (part), 2001; Ord. No. 2831, § 26, 9-24-2013; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

Each permit issued under this chapter shall be temporary only, and shall be revocable by the Permit Committee if applicant fails to install the encroachment at the location specified within sixty (60) days after the issuance of the permit.

(Prior code § 6351.2.13)

A. Every permit issued under this chapter may, at any time, without notice to the permittee, be revoked by the Council upon its determination, based on evidence presented, that the encroachment constitutes a public hazard by reason of its location or maintenance, that any provision of this chapter or any condition imposed in the issuance of the permit is being violated, or that any ground exists upon which the permit would have or should have been denied in the first instance. The provisions of this section are cumulative to any similar provisions specified in Chapter 5.12 of this code.

B. Revocable upon Complaint. Every permit issued under this chapter may be revoked by the Council after a hearing held upon at least three (3) days' notice in writing to the permittee mailed to his address shown upon his or her permit application, upon the complaint or objection made by the owner, tenant or person in lawful possession of the property abutting the location upon which an encroachment is placed or maintained under this chapter. The provisions of this section are cumulative to any similar provisions specified in Chapter 5.12 of this code.

C. Refund on Revocation. Upon revocation of a permit under the preceding subsection B of this section, the applicable business license fee shall be refunded at the rate of one-fourth of the annual license fee for each full quarter of a year remaining of the annual license period. Upon revocation for cause, such refund shall be made as the Council shall determine in its order of revocation. All orders and determinations made by the Council pursuant to this chapter shall be final.

(Prior code §§ 6351.2.14—6351.2.16)

If an encroachment permit is denied or revoked as to a given location, no permit for an encroachment of the same type may be issued with respect to such location unless the Council determines that the conditions warranting or the reasons for such denial or revocation no longer exist or do not pertain to the encroachment for which a permit is sought.

(Prior code § 6351.2.17)

Whenever an encroachment for which a permit has been issued is sold, or title or control thereof is transferred, a new permit must be obtained by the new owner for its location and maintenance.

(Prior code § 6351.2.18)

No person shall locate or maintain any obstruction at a point or location other than that specified in the permit for each encroachment issued pursuant to this chapter.

(Prior code § 6351.2.21)

A. Every encroachment constructed, placed, installed or maintained without a permit when required by this code or so constructed, placed, installed or maintained in violation of any condition of such permit may be removed by the Street Superintendent. Any trash bin which constitutes a public hazard may be removed by the Street Superintendent.

B. After the revocation of any permit, or upon the expiration of any permit without a renewal thereof, the Street Superintendent may, and if so ordered by the Council shall, remove and store such encroachment for which a permit was revoked, or thus expired.

C. Recovery. A permittee may recover an encroachment thus removed and stored if, within sixty (60) days after the removal, he or she pays to the city the actual cost of such removal and storage. In the event that actual costs may not be readily determined, reasonable costs shall be as set by the Public Works Director.

D. Disposition. After sixty (60) days since such removal, the Street Superintendent may sell, destroy or otherwise dispose of such encroachment at his or her discretion.

E. Subsections A—D of this section shall not apply to news rack applications.

(Ord. 2538 § 2 (part), 2001; prior code §§ 6351.2.22—6351.2.23.2)

All acts done pursuant to Section 12.28.120 shall be at the sole risk of the permittee or owner of the encroachment. Remedies thus specified shall be in addition to any other remedy or penalty provided by law or provided for the violation of any section of this chapter or code.

(Prior code § 6351.2.24)

A. The provisions of this chapter shall not apply to any encroachment placed upon public property by or at the direction of the City Council, or by or at the direction of any officer or employee of the city in the course of his or her employment and in the proper discharge of his or her duties or any encroachment permitted or authorized by any other provision of this code.

B. Other Encroachments. Nothing contained in this chapter shall preclude the City Council from permitting any other type of encroachment to be placed upon public property upon such terms and conditions as the City Council may prescribe in each instance.

(Prior code §§ 6352—6352.1)