Article II

Application For And Issuance Of Permits

Every person except as otherwise provided in this chapter shall obtain an encroachment permit from the engineer before he:

• A. Makes or causes to be made any excavation or encroachment in any highway;

• B. Places, changes or renews an encroachment;

• C. Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining or garden wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across or through any highway;

• D. Constructs, reconstructs or repairs any highway light, or highway lighting system in any highway which is open to public travel. This subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

• E. Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;

• F. Places or leaves any impediment to travel upon any highway, including trash, trash dumpsters or debris;

• G. Erects or maintains any post, sign, banner, pole, fence, guardrail, wall, loading platform or any other structure on, over, under or within a right-of-way;

• H. Plants or removes any trees, shrubs or growing thing within a right-of-way;

• I. Uses the right-of-way in any manner for purposes of seismological exploration;

• J. Conducts land-surveying operations or makes traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway;

• K. Causes or permits water (other than water from natural sources) to flow onto or upon any street or road wherein the water is contained within the improved section by curbs or berms.

• (Ord. 1506 § 1 (part), 1996)

A permit shall not be required pursuant to this chapter for a permanent encroachment for a building, fence, wall, sign or structure, but shall be subject to an encroachment permit pursuant to Chapter 18.50 of the Gardena Municipal Code.

(Ord. 1506 § 1 (part), 1996)

The engineer may refuse to issue a permit under the following conditions:

• A. When he finds that it is not in the best interest of the general public to do so;

• B. When he finds that it will be detrimental to the public health, safety or welfare;

• C. When the permit is for excavation in newly renovated (capped, overlaid or sealed) streets for three years after completion of street renovation. Public agencies and public utilities shall determine alternate methods of making necessary repairs. Exceptions to the above are:

  1. Emergencies which endanger life or property,

  2. Interruption of essential utility service,

  3. When repairs must be made by a public agency or public utility to failed pipelines and conduits or when a new connection which could not have been anticipated must be made,

  4. Work that is mandated by city, state or federal legislation,

  5. Service for buildings or areas where no other reasonable means of providing services exists,

  6. Where boring is not feasible due to technical engineering reasons, or

  7. Any other situation in which the engineer has deemed excavation to be in the best interest of the general public.

• (Ord. 1506 § 1 (part), 1996)

• A. A permit may be canceled by the engineer for any of the following reasons:

  1. When permitted work is not started within the time specified and/or is started but not diligently prosecuted to completion;

  2. By failure on the part of the permittee to comply with all of the requirements of the permit;

  3. By failure on the part of the permittee to provide for public safety;

  4. For cause as may be determined by the engineer for public health and safety reasons.

• B. Action taken under this section shall not constitute a bar to criminal proceedings provided for in this chapter.

• (Ord. 1506 § 1 (part), 1996)

Application for a permit shall be made in writing to the department, on the forms provided by the department.

(Ord. 1506 § 1 (part), 1996)

An applicant for a permit shall state in the application his name and address, such other information as is required by this chapter and such other information as the engineer may require. (Ord. 1506 § 1 (part), 1996)

The applicant or his agent shall sign a statement that the applicant agrees to defend, indemnify and hold harmless the city, its officers, agents and employees from any claim, demand, damage, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person, damage to property arising out of the encroachment, or any activities taken pursuant to the encroachment permit.

(Ord. 1506 § 1 (part), 1996)

The engineer may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, and for the safety of persons using such highways, as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and, as to other permits issued pursuant to the provisions of this chapter. (Ord. 1506 § 1 (part), 1996)

When required by the engineer, the applicant shall attach to or enclose with the application four copies of a map, plat, sketch, diagram or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate or identify the proposed encroachment. (Ord. 1506 § 1 (part), 1996)

The engineer may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic control plans, hours of work, flagmen, lights, inspection and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The engineer may add these requirements and conditions by attachments to the permit and they shall be an integral part thereof.

(Ord. 1506 § 1 (part), 1996)

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter.

(Ord. 1506 § 1 (part), 1996)

Permits shall remain in effect from the date of issuance until the completion of the work provided that work is commenced within sixty days from the date of issuance and the work is diligently prosecuted to completion. If the work is not commenced within this time period or diligently prosecuted, the engineer may revoke the permit.

(Ord. 1506 § 1 (part), 1996)

Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, public utility or metropolitan water district subject to the compliance with all applicable provisions of this chapter. The engineer may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the engineer and for paying for inspection, repairs and other costs incurred by the department due to the permittee's activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width. No road shall be closed when performing work under a blanket permit. Two-way traffic shall be maintained at all times. (Ord. 1506 § 1 (part), 1996)

Permits issued under the authority of this chapter are nontransferable. (Ord. 1506 § 1 (part), 1996)

Whenever this chapter requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter whether such person obtains such permit or not. (Ord. 1506 § 1 (part), 1996)

Any person who commences any work for which a permit is required by this chapter without first having obtained a permit therefor, shall stop work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him in violation of this chapter and subject to all penalties thereof.

(Ord. 1506 § 1 (part), 1996)

• A. Ownership/Control of Encroachment Unascertainable. The city may remove and dispose of any encroachment placed in the highway without a permit for which ownership cannot be reasonably identified. Prior to disposal, the city shall store the encroachment for thirty days.

• B. Ownership/Control of Encroachment Ascertainable.

  1. If ownership or control of the unpermitted encroachment can be reasonably identified, the city shall notify the owner or individual in control that the encroachment is in violation of this chapter and that application must be made for an encroachment permit.

  2. If no application is made for the encroachment permit within three working days after notification, or if such application is denied, the city may remove the encroachment.

  3. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the engineer or his designee, the city may order that the encroachment be immediately removed. If such order is made and the encroachment is not moved by the end of the next working day, the city may remove the encroachment. If the encroachment constitutes an immediate danger to the public health, safety or welfare as determined by the engineer or his designee, and the city is not able to contact the owner, the city may immediately remove the encroachment without notification.

  4. Upon removal of the encroachment, the city shall supply written notification to the owner or individual in control that the encroachment will be disposed of at the end of thirty days if it is not claimed by the owner.

• C. Return of Encroachment. No encroachment shall be returned to the owner or individual in control unless and until a fee is paid to the city in an amount equal to the cost of removal and storage of the encroachment.

• (Ord. 1506 § 1 (part), 1996)

The permittee shall make the permit available for inspection by the engineer or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway.

• (Ord. 1506 § 1 (part), 1996)

All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (Ord. 1506 § 1 (part), 1996)