Hawthorne Municipal Code Ch. 9.50 Encroachment on City Property

It is unlawful, except as hereinafter provided, for any person to encroach on, in, over or under any real property, including easements owned by the city, by any structure or object of any kind or character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property.

(Prior code § 11-700; Ord. 2068 § 3, 2014)

Section 9.50.010 shall not apply to those encroachments which:

A. After applying thereto the provisions of said Section 9.50.010, nevertheless have legal sanction to encroach by law; or

B. Are authorized by written agreement made by and between the city and an owner of real property as an incident to the purchase or acquisition of such real property by the city; or

C. Are authorized by a valid, uncanceled permit granted as hereinafter provided in this chapter.

(Ord. 1690 §§ 1, 2, 2000; Ord. 2068 § 3, 2014)

Application for a permit to encroach on city-owned property shall be made solely by the person requiring the permit, and on forms provided by the city, properly acknowledged, stating fully the circumstances, nature and extent of the encroachment, and such other information as may be required by the city engineer. Except for encroachments for the purpose of outdoor dining, the application shall be filed in duplicate with the city engineer and referred to the building department. After such reference, the city engineer shall either approve or disapprove the application. Encroachment applications for the purpose of outdoor dining shall also be referred to the planning department. After consultation with the planning department, the city engineer shall also either approve or disapprove the application.

(Prior code § 11-702; Ord. 2068 § 3, 2014)

A. If approved, the city engineer shall collect a fee as established by resolution of the city council for handling and recording such application, after which he or she shall issue a permit therefor. The application and permit shall then be referred to the city clerk for recording in the records of the county recorder. The city clerk shall keep a permanent file of all permits. No right, title or interest of the city shall be transferred by any such permit except the temporary privilege to encroach to the extent permitted and subject to any conditions therein stated. The right of the city to cancel such permit at any time and thereby the privilege of the encroachment shall be a condition of all permits herein issued.

B. Approved encroachment permits for outdoor dining shall be for a duration of one year and must be renewed annually. Failure to renew an outdoor dining permit will cause the permit to expire and become subject to the nuisance provisions of Section 9.50.060.

(Ord. 1473 § 4, 1989; Ord. 2068 § 3, 2014)

By acceptance or performance of the privileges or any part thereof under such permit, the permittee, or his or her heirs, successors or assigns, shall not allow, by commission or omission, any dangerous or defective condition to exist at any time in, on, under or across the part of such easement covered by said permit and shall assume and pay for all injuries or damage caused to any person thereby.

(Prior code § 11-704; Ord. 2068 § 3, 2014)

Encroachments as set forth herein, and after cancellation of a permit therefor, are declared a nuisance, and within thirty days after notice thereof by the city, such encroachment shall be entirely removed; failure or refusal to do so is a misdemeanor, and as a cumulative remedy the city may remove such encroachment and collect the entire cost and expense thereof from the person responsible therefor, or by appropriate action in court compel its removal or abatement and such reasonable attorney fees as fixed by the court.

(Prior code § 11-705; Ord. 2068 § 3, 2014)