12.04 — ENCROACHMENTS

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

"Applicant" means a person applying for an encroachment permit and/or for an encroachment license agreement from the director pursuant to this chapter.

"City" means the city of Palm Desert, California.

"Director" means the director of public works, acting personally or through his or her authorized designee who has been appointed to administer the city's program of regulating and controlling encroachments.

"Encroach" or "encroachment" means going upon, over, under, or using any right-of-way in such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance thereon of any of the following acts:

• Excavating or tunneling within, or otherwise disturbing the right-of-way;

2. Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform, or other structure on or over or under the right-of-way;

• Planting any tree, shrub, grass, or other growing thing within the right-of-way;

4. Placing or leaving on the right-of-way any rubbish, brush, earth, or other material of any nature whatever;

5. Constructing, placing or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable;

• Lighting or building a fire;

7. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment;

8. Traveling on the right-of-way by any vehicle or combination of vehicles or object, of dimension, weight or other characteristic, when such traveling is prohibited by law without a permit; provided, that this provision shall not be deemed applicable to housemoving so long as the subject is regulated elsewhere in this code.

"Permit" means an encroachment permit issued pursuant to and in conformance with this chapter.

"Permittee" means any person who proposes to do work or encroach upon a public highway as defined in this code and has been issued a permit for such encroachment by the director and/or has entered into an encroachment license agreement with the city.

"Public street" means the full width of the right-of-way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the

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City of Palm Desert, CA § 12.04.010

STREETS AND SIDEWALKS

§ 12.04.050

state highway system.

"Right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the use of the general public for street and highway purposes.

(Ord. 1394 § 2, 2023)

Any permit granted under this chapter shall be subject to the right of the city, or any other person entitled thereto, to use that part of the public highway for any purpose for which it may be lawfully used, and no part of the highway shall be unduly obstructed at any time. (Ord. 1394 § 2, 2023)

• A. No persons shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under such right-ofway, or construct, or put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such rightof-way any pipeline, conduit or other fixtures, or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way, without having first obtained a permit as required by this chapter. The director may approve night work for more routine projects.

• B. Encroachments placed, installed, constructed or maintained without authorization from the city are unlawful and the owner of the encroachment shall either remove it at their sole expense or obtain authorization under this chapter or other applicable provision of this code. The director shall have the authority to send written notice notifying the owner of the unlawful encroachment. If the owner does not remove the unlawful encroachment and restore the right-of-way, or apply for authorization to maintain the encroachment with a permit issued pursuant to this chapter or other applicable permit issued by the city or recorded agreement with the city, within thirty calendar days of the city's notification, the city shall have the right to immediately remove the illegal encroachment and restore the right-of-way, and the owner shall be liable for all of the city's direct and indirect costs and expenses. This subsection shall be in addition to any other rights and remedies available to the city under this code or applicable federal or state law.

• (Ord. 1394 § 2, 2023)

This chapter shall not apply to the action of any officer or employee of the city engaged in the discharge of official duties.

(Ord. 1394 § 2, 2023)

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City of Palm Desert, CA § 12.04.050

PALM DESERT CODE

§ 12.04.100

No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs. (Ord. 1394 § 2, 2023)

This chapter shall not prevent any public utility from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.

(Ord. 1394 § 2, 2023)

The written permits required by this chapter shall be issued by the director subject to conditions set forth in this chapter or required by other provisions of law. (Ord. 1394 § 2, 2023)

The director shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place of business of the applicant, and require applicant to submit a map, plat, sketch, diagram or similar exhibit on which shall be plainly shown any and all information necessary for the director to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment.

(Ord. 1394 § 2, 2023)

The applicant shall design, plan, install and maintain the encroachment in such a manner that the encroachment will not unreasonably interfere with existing facilities, improvements, and encroachments within the public right-of-way. The director will determine whether an encroachment unreasonably interferes with an existing facility, improvement or encroachment. The applicant's encroachment shall not be constructed, installed, or maintained in a manner that would make any existing encroachment non-conforming under the standards and requirements of this title.

(Ord. 1394 § 2, 2023)

• A. Upon the receipt of an encroachment permit application, the director will make reasonable effort to either deem the application complete in compliance with all requirements of this chapter and any other applicable law, or notify the applicant of deficiencies. Once the application is deemed complete, the permit shall either be approved and issued or denied. Permits may include any conditions the director deems reasonably necessary to protect the

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.04.100

§ 12.04.120

public interest, safety, and welfare.

• B. Upon issuance of a permit, the permittee agrees to accept and abide by all the terms and conditions of the permit, the city standard and details, and all conditions set forth in this chapter. If the applicant has any objection to any of the terms or conditions, the applicant must provide written notice to the director within three days of issuance stating that the permit was not accepted, thereby voiding the issued permit.

• (Ord. 1394 § 2, 2023)

The director may deny issuance of a permit upon determining that the encroachment will not be in the public interest or will be detrimental to the public health, safety, or welfare. The grounds for denial shall be set forth in a written notice to the applicant. (Ord. 1394 § 2, 2023)

• A. Permittee shall maintain and, prior to the commencement of construction, provide to the city a certificate of insurance evidencing general liability and property damage insurance in policy limits of not less than one million dollars per occurrence, and two million dollars general aggregate, for bodily injury, personal injury, and property damage. The policy must include coverage for contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Any insurance proceeds available to permittee in excess of the minimum limits and coverage set forth in this section and which is applicable to a given loss or claim shall be deemed to be applicable to the city. Coverage maintained or procured pursuant to an encroachment permit and/or encroachment license agreement shall be endorsed to waive subrogation against the city, its elected or appointed officers, agents, officials, employees, and volunteers. The city's risk manager may from time to time modify the limits of the required insurance coverage and/or request evidence of coverage.

• B. The city, its elected or appointed officers, officials, agents, employees, and volunteers are to be named as additional insureds with an endorsement in favor of the city. In the case where coverage is provided by a homeowner's liability policy, the city, its elected or appointed officers, officials, agents, employees, and volunteers will be named as an additional insured, with respects to liability coverage.

• C. Coverage provided by permittee shall be primary and any insurance or self-insurance procured or maintained by city shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain, or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the city before the city's own insurance or self-insurance shall be called upon to protect it as a named insured.

• D. A severability of interests provision must apply for all additional insureds ensuring that permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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City of Palm Desert, CA § 12.04.120

PALM DESERT CODE

§ 12.04.150

• E. None of the coverages required by this section will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to city and approved in writing.

• F. If permittee maintains higher limits than the minimums shown above, city requires and shall be entitled to coverage for the higher limits maintained by permittee.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to city.

• G. The director may authorize utility companies and local governmental entities to provide a long-term certificate covering any such operations by the insured within the city. The insurance provisions of this section shall not apply to contracts for public works of improvement entered into by the city, as provided in Government Code Section 53080.

• (Ord. 1394 § 2, 2023)

• A. The permittee shall be responsible for all liability imposed by law for personal injury or property damage caused by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his or her obligations under such permit in respect to maintenance. If any claim of such liability is made against the city, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

• B. The owner of an encroachment not authorized by permit shall be responsible for all liability for personal injury or property damage proximately caused by the owner relating to the placement, installation, construction, or maintenance of the unauthorized encroachment, or proximately caused by failure on the owner's part to perform his or her obligations to maintain and repair such encroachment. If any claim of such liability is made against the city, its officers or employees, the owner shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

• (Ord. 1394 § 2, 2023)

The schedule of fees will be those recommended by the director and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city, cash or a check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedules established and adopted by the city council. (Ord. 1394 § 2, 2023)

The city manager of the city of Palm Desert is hereby authorized to waive city encroachment permit fees for certain city-sponsored events or municipal projects. The city manager may waive encroachment permit fees for projects funded by the following funding sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds; Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing Authority/Housing Assets funds. (Ord. 1421, 12/12/2024)

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.04.150

§ 12.04.200

The permittee shall contact the city to schedule an inspection to occur within ninety days of permit issuance. The permit shall expire ninety days from the inspection date, unless a different period is stated in the permit or an extension is granted after application to the director. A permit for continuing a use or maintaining an encroachment previously authorized except when issued to a public agency or a public utility holding a franchise from the city, shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use or removal of the encroachment for which the permit was issued. (Ord. 1394 § 2, 2023)

The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the director finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he or she may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the city for all expenses incurred by the city in restoring the right-of-way.

(Ord. 1394 § 2, 2023)

• A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to the director or any law enforcement officer on demand.

• B. A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to the director or any law enforcement officer within a reasonable time after demand therefor is made.

• (Ord. 1394 § 2, 2023)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the director. (Ord. 1394 § 2, 2023)

If required by the director, and before a permit is effective, the permittee shall deposit with the director, or agent authorized by resolution of the city council, a cash deposit or an approved surety bond, in the sum to be fixed by the director as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the city council.

(Ord. 1394 § 2, 2023)

In lieu of repeated individual bonds which may be required pursuant to Section 12.04.190, the

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City of Palm Desert, CA § 12.04.200

PALM DESERT CODE

§ 12.04.250

permittee may, upon approval by the director, annually file with the director a cash deposit or an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the director as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council.

(Ord. 1394 § 2, 2023)

The director may require an additional bond or cash deposit at any time when in his or her opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the city council. (Ord. 1394 § 2, 2023)

The condition of any bond or cash deposit made pursuant to Sections 12.04.190 through 12.04.210 shall be that the permittee will diligently and in good faith comply with this chapter and the terms and conditions of the permit.

(Ord. 1394 § 2, 2023)

Any bond or cash deposit required pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit shall be released. (Ord. 1394 § 2, 2023)

• A. Applications for encroachment license agreements under this section shall be made in accordance with procedures established by the director. Applications shall be accompanied by such detailed plans, specifications, schedules, and estimates as may be required to determine the nature and extent of the encroachment and the applicable fees.

• B. All encroachment license agreement applications shall be subject to the review and approval of the director.

• C. Each licensee shall notify all affected public utilities of the licensee's request to encroach upon the city right-of-way and shall coordinate with the public utilities in order that any necessary relocations of existing facilities may be done in an orderly fashion without interrupting the continuity of service or endangering life or property.

• D. An encroachment license agreement shall expire on the date specified therein.

• E. As part of the encroachment license agreement application, the director may require a cash bond or approved surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the director as sufficient to reimburse the city for all expenses which are or might be incurred by the city in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the city council and in effect at the time of application for a permit.

• (Ord. 1394 § 2, 2023)

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.04.250

§ 12.04.300

Before beginning any work or encroachment, the permittee shall notify the director at least twenty-four hours prior to beginning such work.

(Ord. 1394 § 2, 2023)

A permittee, during the work, use or maintenance of a permitted encroachment, shall provide, erect, and/or maintain appropriate safeguards to protect the traveling public. If the director finds that suitable safeguards are not being provided, the city may provide such safeguards or may cancel the permit and restore the right-of-way to its former conditions, all at the permittee's expense. Any warning signs, lights and other safety devices shall conform to the California Manual on Uniform Traffic Control Devices.

(Ord. 1394 § 2, 2023)

If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the director.

(Ord. 1394 § 2, 2023)

If the work, use, or encroachment authorized in the permit issued pursuant to this chapter will cause a side-walk and/or ramp to be closed, blocked, or unusable by the public during a weekend(s), permittee must first obtain written authorization from the director. (Ord. 1394 § 2, 2023)

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public, or shall access to adjacent private property be cut off, without the prior permission of the director. (Ord. 1394 § 2, 2023)

• A. Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair or restore the public street at the place of work to the same conditions existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way of the public street under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition.

• B. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work the permittee shall repair and make good any injury or damage to

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City of Palm Desert, CA

PALM DESERT CODE

§ 12.04.300

§ 12.04.340

any portion of the street which occurs as a result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the director, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of such work.

(Ord. 1394 § 2, 2023)

When relocation, removal, or abandonment is required of an installation or encroachment,, the permittee or other person or entity owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense., When removal, relocation, or abandonment is required, the director shall give such permittee or other person or entity a written demand that the installations or encroachment must be removed, relocated or abandoned. If such permittee or other person or entity fails to comply with such instructions, the city may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee or other person or entity. (Ord. 1394 § 2, 2023)

All work done under a permit issued pursuant to this chapter shall conform to standards established by the city council, director, or city engineer, or in the absence of established standards, to recognized standards of construction and approved practices in connection with the work to be done. The city engineer is authorized to use and implement the Palm Desert infrastructure guidelines, as amended. All work shall be done subject to the supervision of, and to the satisfaction of, the director.

(Ord. 1394 § 2, 2023)

Whenever any pipe, conduit, duct, tunnel or other equipment or structure located under the surface of any public street, thoroughfare or other public place, or the use thereof, is abandoned, the person or entity owning, using, controlling or having an interest in same shall, within thirty days after such abandonment, file in the office of the director a map giving in detail the location of the pipe, conduit, duct, tunnel or other equipment or structure so abandoned. Upon written demand by the city, the abandoned equipment shall be removed or the public street, thoroughfare, or other public place be filled in by such person or entity which abandoned the facility, and at no cost to the city.

(Ord. 1394 § 2, 2023)

• A. Clearance and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the public utilities commission and other

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.04.340

§ 12.04.380

public agencies having jurisdiction.

• B. No guy wires shall be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders and regulations of the public utilities commission.

• C. When a pole, brace, stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

• (Ord. 1394 § 2, 2023)

When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or thereover, or otherwise restricting or controlling travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee. (This section shall not be deemed to apply to house-moving so long as such subject is regulated elsewhere in this code.)

(Ord. 1394 § 2, 2023)

No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right-of-way so long as the mailbox and its placement comply with the rules and regulations of the United States Postal Service and as approved by the director. (Ord. 1394 § 2, 2023)

All landowners, lessors, lessees, and residents of any property bordering, adjoining or contiguous to a public right-of-way shall maintain all surface areas within the right-of-way, including sidewalks and curbs, in a clean, safe and efficient manner. Maintenance shall include, but not be limited to, removal of trash and debris, trimming trees so as not to prevent safe and unobstructed pedestrian and vehicle travel, tree limbs and vegetation trimmed back from the edge of streets, alleys, and sidewalks at least eight feet above sidewalks and at least fourteen feet above streets and alleys, and keeping all grass and weeds trimmed or mowed to a height not to exceed twelve inches.

(Ord. 1394 § 2, 2023)

Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a permit. However, the lawn shall not extend into the traveled way of any public street nor into drainage ditches, gutters or other drainage facilities. The general public may not

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City of Palm Desert, CA § 12.04.380

PALM DESERT CODE

§ 12.04.420

be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise. (Ord. 1394 § 2, 2023)

No person shall remove or disturb or cause to be removed or disturbed any monument or tie point set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point, without first obtaining permission from the director to do so. Replacement of removed or disturbed monuments or tie points shall be at the expense of the permittee. (Ord. 1394 § 2, 2023)

• A. For the purposes of this chapter, publication vending machine means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.

• B. No person shall install, place, use or maintain any publication vending machine in or on any right-of-way without first having obtained a permit as required by this chapter, or without such permit being in full force and effect.

• C. No person who has installed, placed, used or maintained any publication vending machine in or on any right-of-way shall fail, refuse or neglect to comply with all standards and requirements specified in this chapter or in regulations duly adopted by the city manager pursuant to authority delegated by this chapter, nor shall any such person fail, refuse or neglect to comply with all terms and conditions of any applicable permit issued pursuant to this chapter.

• (Ord. 1394 § 2, 2023)

Every person having a franchise, special permit, license or other effective permission to erect, construct, place and maintain utilities or other facilities or equipment within public streets or rights-of-way of the city, shall not by reason of such permission be deemed to be relieved from the requirements and provisions of this chapter. (Ord. 1394 § 2, 2023)

Any permit issued pursuant to this chapter may be suspended or revoked upon recommendation of the city engineer to the director where it is found that:

• A. The permittee has violated any provision of this chapter, or of any agreement entered into with the city related to the permit, including an encroachment license agreement; or

• B. The permittee has failed to pay any required fees, or to post or maintain any bond or

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.04.420

§ 12.04.430

insurance required by this chapter; or

• C. The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the city's right-of-way; or

• D. The encroachment is causing the city to incur substantial additional maintenance costs; or

• E. Material misrepresentations were made in the application for the permit. (Ord. 1394 § 2, 2023)

• A. Violation. No person, firm, corporation, or other responsible entity, or agent thereof, shall violate any provision, restriction, or requirement of this chapter, any technical standard, rule, or regulation promulgated pursuant thereto, or any condition of any permit issued pursuant to this chapter. Each such entity shall be guilty of a separate offense for each and every day during any portion of which the violation or failure to comply is committed, continued, permitted, suffered, or maintained, and shall be punished accordingly.

• B. Infraction. The city may issue an infraction citation to any person who has committed, continued, permitted, suffered, or maintained a violation of this chapter. Any person violating any provision of this chapter shall be guilty of an infraction and shall be punishable by:

  1. A fine not exceeding two hundred fifty dollars for the first violation;

  2. A fine not exceeding five hundred dollars for a second violation; and

  3. A fine not exceeding one thousand dollars for each subsequent violation of this chapter during a twelve-month period.

• C. Misdemeanor. After a third violation of this chapter in a twelve-month period, the city may issue a misdemeanor citation to any person who has committed, continued, permitted, suffered, or maintained a violation of this chapter. Any person convicted of a misdemeanor under of this chapter shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

• D. Administrative Citation. The city may issue an administrative citation to any person who has committed, continued, permitted, suffered, or maintained a violation of this chapter. Each administrative citation may include administrative fines for more than one violation. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation, as set forth above, upon the occurrence of the same offense on the same day. Any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to:

  1. An administrative fine in an amount not to exceed two hundred fifty dollars for the first violation;

  2. An administrative fine in an amount not to exceed five hundred dollars for a second violation issued for the same offense within a twelve-month period of the date of the first offense; and

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City of Palm Desert, CA

PALM DESERT CODE

§ 12.04.430

§ 12.04.430

3. An administrative fine in an amount not to exceed one thousand dollars for a third and any subsequent violation issued for the same offense within a twelve-month period of the date of the first offense.

• E. Public Nuisance. The violation of any provision of this chapter shall constitute a public nuisance subject to abatement in any manner authorized by law, including, but not limited to, summary abatement by the director.

• (Ord. 1394 § 2, 2023)

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.12.010

§ 12.12.040