Monrovia Municipal Code Ch. 12.48 Encroachments

No person shall erect, construct, place or maintain any building, structure, fence, wall, porch, step, post, pole, pipe, conduit, sign, blockade, seat, bench, table, merchandise or other physical encroachment or obstruction in, over or upon any street, alley and public ways which have been dedicated or are open to public use and the curbing, sidewalk and parkway, if any, adjacent thereto without first obtaining and maintaining a permit therefor.

(`83 Code, § 12.48.010) (Ord. 89-6 § 1 (part), 1989)

(A) Applications for encroachment permits shall be filed with the Director of Public Works on a form supplied by the Director's office. Each application shall contain the following:

(1) The name and address of the applicant;

(2) The nature, description and location of the encroachment;

(3) A legal description and address of the real property to be benefitted by the encroachment;

(4) The reason that the encroachment is needed; and

(5) The proposed duration of the encroachment.

(B) Each application shall be accompanied by a deposit established by the Director of Public Works, based on reasonable costs to the city for engineering, inspection, administration, and other related expenses. If city costs exceed the deposit, the applicant shall submit the difference to the city. If city costs are less than the deposit, the city will refund the difference upon written request of the applicant.

(`83 Code, § 12.48.020) (Ord. 89-6 § 1 (part), 1989)

If the Director of Public Works determines that the proposed encroachment will benefit the public, or serve a public purpose and will not be detrimental to the health, safety, or welfare of the public and will not interfere with the rights or welfare of owners of adjacent or abutting property, the Director shall issue the permit. Such a permit shall be subject to any reasonable conditions or limitations imposed thereon to assure the elimination or avoidance of adverse effects. If at any time the Director determines that the encroachment has become detrimental to the health, safety, or welfare of the city, or that the public welfare would be served by removal of the encroachment, or that a public works project requires removal of the encroachment, the encroachment permit shall be revoked by the City Manager upon giving the permittee five days written notice thereof.

(`83 Code, § 12.48.030) (Ord. 89-6 § 1 (part), 1989)

Unless the Director of Public Works finds that no insurance is required for the protection of the city or the public and waives the requirement of this section, the permit shall not be effective unless and until the applicant posts and maintains with the city a policy of public liability and property damage insurance, approved as to form and insurer by the City Manager and conditioned so as to protect, indemnify and save harmless the city, its officers and employees from all loss, damages, liability, costs and expenses that may result from or arise out of the granting of the permit for and the installation of the encroachment, and to pay any and all loss or damage that may be sustained by any person as a result thereof. The limit of liability shall be at least $100,000 for the death or bodily injury of one person and $300,000 for death or bodily injury of more than one person, and $50,000 for property damage.

(`83 Code, § 12.48.040) (Ord. 89-6 § 1 (part), 1989)

This chapter shall not apply to:

(A) United States mail boxes;

(B) Public utility poles and facilities pursuant to rights granted by city or state law; and

(C) Portable garbage and rubbish receptacles or refuse when conforming to and placed for collection in accordance with the provisions of this code; and

(D) Sidewalk vendors operating in accordance with Chapter 5.98.

(`83 Code, § 12.48.050) (Ord. 89-6 § 1 (part), 1989; Ord. 2018-12 § 4, 2019)

(A) Appeals to the City Council.

(1) Any person aggrieved by a decision of the Director of Public Works involving the denial of an application required by this Chapter 12.48 may appeal to the City Council by filing with the City Clerk a written notice of appeal.

(2) No notice of appeal will be processed unless filed within 10 days after service of written notice of the decision from which the appeal is taken; provided that if written notice of the decision has not been served, the appellant may, within ten days after being apprised of that decision, demand service of written notice and will have ten days following that service in which to file the notice of appeal.

(3) For purposes of this section, service upon the appellant means either personal delivery or placement in the United States mail, postage prepaid, and addressed to the appellant's last known address.

(4) The notice of appeal must specify the specific decision from which the appeal is taken, the specific grounds for the appeal, and the relief or action requested from the City Council. If the notice of appeal fails to set forth any information required by this paragraph, the City Clerk will return the notice to the appellant with a statement of the deficiency, and the appellant will thereafter have five days in which to cure the deficiency and to refile the notice of appeal.

(5) The notice of appeal must be accompanied by such fee as may have been established by resolution of the City Council.

(B) Hearing and notice. Upon the timely filing of a notice of appeal in proper form, the City Clerk will schedule the matter for hearing by the City Council at a regular meeting, but not later than 45 days after receipt of the notice of appeal. The City Clerk will cause the notice of hearing to be given to the appellant not less than ten days prior to the hearing, unless that notice is waived in writing by the appellant. The City Clerk will also cause a copy of the notice of appeal and the hearing to be transmitted to the Director of Public Works.

(C) Conduct of hearings.

(1) At the time of consideration of the appeal by the City Council, the appellant will be limited to a presentation on the specific grounds of appeal and related matters set forth in its notice of appeal. Appellant will have the burden of persuading the City Council that the decision appealed from should be reversed or modified.

(2) The City Council may continue the hearing on the appeal from time to time as deemed necessary by the City Council. The City Council may, by resolution, affirm, reverse, or modify, in whole or in part, the decision appealed from and may take any action that might have been taken in the first instance by the Director of Public Works.

(3) The decision of the City Council will be deemed final and conclusive upon adoption of the resolution. A copy of the resolution adopted by the City Council will be served upon the appellant by placement in the United States mail, postage prepaid, to the appellant's last known address.

(Ord. 2007-08 § 1, 2007)