Los Angeles Municipal Code Art. 2 Issuance of Permits – Conditions, Notice, Hearing and Objections

Section 13.70 Application for Permit. 13.71 Referral by Council. 13.72 Notice of Application. 13.73 Objections by Property Owners. 13.74 Fees and Charges. 13.75 Emergency Permits. 13.76 Acceptance of Permit.

Permits for the construction, operation and maintenance of railroad spur tracks and emergency tracks will hereafter be issued by the City of Los Angeles to persons, firms or corporations in the manner, for the term or time, and upon the terms and conditions contained in this chapter.

SECTION HISTORY

Based on Ord. No. 61,206.

The person, firm or corporation desiring a spur track permit shall file a written application with the City Clerk, in quadruplicate, signed by said applicant, fully, completely and definitely describing the center line of the spur track between the termini thereof, and accompanied by a plat or diagram showing in detail the location of the spur track with relation to all public streets, lanes, alleys or ways and to all parts or portions thereof along, over or across which it is proposed to construct such track.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 156,921, Eff. 10-15-82.

At the first regular meeting of the City Council after the filing of an application for a spur track permit, the City Clerk shall present the application to the Council. The Council shall at said meeting, by order or resolution, refer such application to the appropriate committee of the Council and to the Board of Transportation Commissioners for report and recommendation thereon to the Council, through committee, as provided by Chapter 3 of this division. Within thirty (30) days after referral thereto, or such longer period as the Council may provide, the Board of Transportation Commissioners shall set a date for and conduct a hearing with respect to the application and provide not less than ten (10) days notice of such hearing thereof to the Board of Public Works.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

Upon the passage of the order or resolution of the Council referring an application for a spur track permit to the Board of Transportation Commissioners, the City Clerk shall forthwith notify the Board of Public Works thereof, and said Board shall, within five (5) days of notification of the date of hearing set by the Board of Transportation Commissioners as herein set forth, cause to be conspicuously posted along the line of all public streets, lanes, alleys or ways or portions thereof, upon, over, along, or across which it is proposed to construct, operate or maintain such spur track, not more than one hundred (100) feet apart, but not less than three (3) in all, printed notices of the filing of said application and of the hearing thereof; provided that in the event the application is for a permit to cross only, such public street, lane, alley or way then the notices shall be posted between the nearest intersecting streets upon each side of the proposed spur track.

The notices shall be entitled “Notice of Application for Spur Track Permit”, in letters of not less than one (1) inch in height, and shall, in legible type, state the filing of said application, the date fixed for the hearing thereon before the Board of Transportation Commissioners, and the name of the street or the location of the alley and between what intersecting streets the spur track will be located, or in cases where this description is not practical, such other brief description as will clearly indicate the approximate location of the spur track, and shall refer to the application on file in the office of the City Clerk for further particulars. The Board of Public Works shall also cause a notice similar in substance to be published for one (1) day, in a daily newspaper of general circulation, printed and published in the City of Los Angeles.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

The property owners herein mentioned may make written objection to a spur track permit application at any time prior to the hearing of the application thereon. Such objection shall contain a description of the property affected and shall be filed with the Board of Transportation Commissioners at any time prior to the hearing on the application. The Commission shall give the applicant and affected property owners who have timely filed objections to the application as herein provided an opportunity to be heard at its regular meeting, or a special meeting which may be called for that purpose, and thereafter the Commission shall report its recommendation to the City Council. No application for a spur track permit shall be granted by the City Council against the recommendation of the Commission, except by a three-fourths (3/4) vote of said Council.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79; Oper. 2-25-79; Ord. No. 156,921, Eff 10-15-82.

The Bureau of Engineering shall process and investigate applications for issuance of a spur track permit pursuant to the provisions of Section 13.69 of this Code, and, before acceptance of an application, the Bureau shall charge and collect a fee as set forth in Section 19.155 of this Code.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 142,589, Eff. 12-3-71; Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82; Ord. No. 159,442, Eff. 11- 22-84; Ord. No. 163,802, Eff. 8-15-88; Ord. No. 163,804, Eff. 8-15-88; Ord. No. 182,237, Eff. 9-28-12; Ord. No. 184,054, Eff. 3-6-16; In Entirety, Ord. No. 188,752, Eff. 12-7-25.

Permission to construct, operate or maintain a railroad spur track shall be granted by ordinance only, provided, however, that in cases where an emergency exists in the judgment of the Board of Transportation Commissioners, the Council, upon receipt of recommendation from said Board, may by resolution grant to the applicant an emergency permit pending final determination of the application for a regular permit. All such emergency permits shall be granted under the express condition that if the application for a regular permit is denied, all work done under the emergency permit will be removed immediately at applicant’s expense, and the streets or alleys affected by such work shall be placed in as good condition as formerly. Provided, also, that emergency permits may be granted for installation of spur tracks to be used exclusively for the purpose of excavating or filling in a street or portion of a street or the adjoining land, or for emergency use for construction purposes, such as the hauling of material for the building of a bridge or other project.

Emergency permits of this nature need not be referred to the Board of Transportation Commissioners for report, but may be granted by resolution of the Council upon recommendation of the Board of Public Works or other authority having jurisdiction over construction work in streets. Such permits shall be for the duration of the work only.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

The permittee of a spur track permit awarded under the provisions of this chapter shall file a written acceptance of the permit and agreement to comply with its terms and conditions with the City Clerk within ninety (90) days after the date of publication of the ordinance granting the permit, provided, however, that said acceptance shall be filed before any construction is started under the permit.

SECTION HISTORY

Added by Ord. No. 156,921, Eff. 10-15-82.