Article I — General Provisions And Definitions

This chapter is known and may be cited as the "encroachment ordinance." The provisions of this chapter shall operate as a supplement to all applicable California Code sections concerning encroachments on city highways.

(Ord. 1506 § 1 (part), 1996)

The following words and phrases shall apply in this chapter:

"Actual cost" means the amount determined by applying the provisions of the encroachment fee resolution as adopted by the city council.

"Applicant" means any person, firm, partnership, association, corporation, company or organization of any kind who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

"Base course" means that portion of the highway structural section located between the pavement and the native soil.

"City" means the city of Gardena.

"City council" means the city council of the city of Gardena.

"Department" means the department of public works of the city of Gardena.

"Driveway" means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

"Encroachment" means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, drop-off box for mail and/or packages, stand or building, temporary rolloff containers, or any structure or object of any kind of character not particularly mentioned in this chapter which is placed on, in, along, under, over or across the highway. "Encroachment" does not include the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes; or publication dispensing device, provided that the requirements of Chapter 12.04 are met.

"Encroachment work" means the work of constructing, placing or installing an encroachment in a right-of-way.

"Engineer" means the city engineer of the city, or his designee.

"Excavation" means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. The term shall also include any excavation on private property which removes or imperils lateral support of a public place.

"Highway" means any public highway, public street, public alley, public way or public place in the incorporated territory of the city, either owned by the city or dedicated to the public for the purpose of travel. "Highway" includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

"Native soil" means the compacted native material.

"Overhead structure" means any structure, other than franchise utility poles and their facilities, extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in the building code.

"Pavement" means the surfaced portion of the highway structural section which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

"Permittee" means any person, firm, partnership, association, corporation, company or organization of any kind who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the department pursuant to the provisions of this chapter.

"Public" means any person as defined in this chapter other than the city road maintenance division and includes the United States and the state of California.

"Right-of-way" means any land or interest therein which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for or dedicated to the city for use by the general public.

"Section" means a section of this code unless some other ordinance or statute is expressly cited. (Ord. 1506 § 1 (part), 1996; Ord. 1726 § 25, 2011)

Unless the provisions or the context otherwise require, these general provisions, rules of construction, and definitions shall govern the construction of this chapter. (Ord. 1506 § 1 (part), 1996)

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. Work performed by any person under contract with or at the request of the city is exempt from the fee and bond requirements of this chapter. (Ord. 1506 § 1 (part), 1996)