Rancho Palos Verdes Municipal Code Ch. 12.04 Highway Permits

A. Ordinance No. 3597 of the county, known as the highway permit ordinance, as amended and in effect on September 7, 1973, which ordinance regulates streets and highways and provides for permits for the moving of buildings and the making of excavations in public streets and the laying, constructing and repairing of curbs and sidewalks, is adopted.

B. Three copies of Ordinance No. 3597 of the county, as amended, are on deposit in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public.

(Code 1981, § 12.04.010; Ord. No. 15, § 4, 1974)

Notwithstanding the provisions of section 12.04.010 (Highway Permit Ordinance), being Ordinance No. 3597 of the county, is amended by adding sections 144, 145, 146, 147 and 148 to read:

Section 144. No person shall place, change or renew any advertising structure which encroaches in, along, under, over or across any highway or the right-of-way of any highway in the city.

Section 145. Any presently existing advertising structure which encroaches in, along, under, over or across any highway or the right-of-way of any highway in the city shall be removed within ten days of the expiration of the permit pertaining thereto.

Section 146. Notice, removal, storage.

(a) Notice. If any public officer designated by the city manager determines that an advertising structure is installed, used, maintained, or retained in violation of the provisions of this chapter, they shall take reasonable steps to notify the owner thereof as follows:

(1) The advertising structure is in violation of the provisions of this chapter for reasons set forth in said notice, and

(2) The owner must, within ten days of receipt of notice, remove the advertising structure, or

(3) The public officer shall remove the advertising structure and store it as provided in subsections (b) and (c) of this section unless the owner removes the advertising structure pursuant to subsection (a)(2) of this section.

(b) Removal. If, after complying with the notice requirements provided in subsection (a) of this section, the advertising structure has not been removed at the expiration of ten days from the date the owner received notice pursuant to subsection (a) of this section, then the public officer shall remove the advertising structure.

(c) Storage. If the public officer removes the advertising structure, they shall store the advertising structure in any convenient place designated by the city manager. The owner of the advertising structure may reclaim the advertising structure from the officer within 30 days of its removal by him. Upon failure of the owner, following notice, to claim such advertising structure and pay the expenses of removal and storage, within 30 days after such removal, such advertising structure shall be deemed to be unclaimed property in possession of the city and may be disposed of pursuant to the law. The fee for such removal and storage shall be fixed by the city council by resolution.

Section 147. Cumulative remedies.

The remedies set forth in section 146 for violation of the provisions of this chapter are in addition to any other penalties that may be available to the city.

Section 148. The term "advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including benches or statuary, for advertising purposes.

The term "advertising structure" does not include:

(a) Official notices issued by any court or public body or officer;

(b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

(c) Directional, warning or information structures required by or authorized by law or by federal, state or county authority;

(d) A structure erected near the city's boundaries, which contains the name of such city and the names of, or any other information regarding, civic, fraternal or religious organizations located therein.

(Code 1981, § 12.04.020; Ord. No. 61, § 1, 1974)

Notwithstanding the provisions of section 12.04.010 and the provisions of the highway permit ordinance adopted thereby, all powers duties and responsibilities of the road commissioner of the county with respect to permits, inspections, work, administration or otherwise relating to construction, excavations or encroachments in city streets (as more particularly set forth and specified in sections 100b—100c and 100d of the highway permit ordinance), are transferred to and vested in the director of public works of the city. The term "road department" shall mean the public works department of the city in all cases where such term is used in the highway permit ordinance in connection with such construction, excavations or encroachments. The term "board of supervisors" shall mean the city council in all cases where such term is used in the highway permit ordinance in connection with such construction, excavations or encroachments.

(Code 1981, § 12.04.030; Ord. No. 97, § 1(part), 1978)

• Sections 113, 128, 304, 308, 309, 313 and 709 amended; sections 307, 314, 315, 710, 1101 and 1102 repealed; street construction.

Notwithstanding the provisions of section 12.04.010 and the provisions of the highway permit ordinance adopted thereby, the highway permit ordinance is amended by deleting therefrom sections 307, 314, 315, 710, 1101 and 1102 and amending sections 113,128, 304, 308, 309, 313 and 709 to read:

Section 113. The term "highway" means any public highway, public street, public place in the city, either owned by the city or dedicated to the public for the purpose of travel. The term "highway" includes all or any part of the entire width of right of way, and above and below the same, whether or not such entire area is actually used for highway purposes.

Section 128. Any person engaged in performing work regulated by this chapter which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. They shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of their activity in order to promote the safe movement of traffic including, but not limited to, periods of twilight, fog and/or rain. All warning signs, barriers, barricades, flags, and other devices shall comply with or exceed the standards required in the Vehicle Code. Traffic controls throughout permit construction shall conform to the current State of California Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways.

Section 304. The issuance fee for permits shall be established by resolution of the city council.

Section 308. The director of public works shall charge for any related engineering, inspection, administration or other pertinent services on permits for the construction of curbs, gutters, walks and highway surfaces as required in accordance with the provisions of the city development code.

Section 313. The costs of director of public works for repairing and restoring the highway surface may be charged to a permittee on an actual cost basis.

Section 709. A driveway including side slopes shall not be constructed within a curb return.

(Code 1981, § 12.04.040; Ord. No. 97, § 1(part), 1978)

• Engineering services relating to construction and excavation permits under the highway permit ordinance.

In the event the permittee cannot obtain an engineering firm to do the desired work with respect to the proposed construction the public works department may provide such services. To guarantee payment of costs incurred by the department in performing such work, the permittee shall deposit with the director of public works an amount, as determined by the director, equal to the projected costs. The amount shall be determined at the time a permit is granted. In the event the amount deposited is insufficient to pay for work performed by the department, the director shall bill the permittee in accordance with section 501 of the highway permit ordinance.

(Code 1981, § 12.04.050; Ord. No. 97, § 1(part), 1978)

Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the commissioner or, having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit or performs work contrary to any of the general or special requirements or specifications of the permit is guilty of a misdemeanor and is guilty of a separate offense for every day during any part of which such violation occurs.

(Code 1981, § 12.04.060; Ord. No. 97, § 1(part), 1978)