Loading...
HomeMy WebLinkAbout92-19 Amending Code Regarding Encroachment Permits1 ORDINANCE NO. 92 - I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES'13 AND 15 OF THE COSTA MESA MUNICIPAL CODE REGARDING ENCROACHMENT PERMITS. The City Council of the City of Costa Mesa does hereby ordain as follows.. SECTION 1: The City Council of the City of Costa Mesa finds and declares as follows: WHEREAS, Title 13 of the Costa Mesa Municipal Code presently provides for encroachment permits to be approved by the Development Services Director; WHEREAS, granting of an encroachment permit constitutes authorization to place private improvements in the public right-of- way; WHEREAS, decisions regarding use of the public right-of-way are more appropriately vested with the Public Services Director; ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as hereinafter set forth: SECTION 2. Title 13 of the Costa Mesa Municipal Code is hereby amended by repealing Section 13-323 in its entirety. SECTION 3. Title 15 of the Costa Mesa Municipal Code is hereby amended by adding Section 15-13 to read as follows: Section 15-13, Encroachment Permits 1. Any encroachment of private improvements in, upon, over or under a public right-of-way or other public property without a current, valid encroachment permit as provided for in this chapter shall constitute a public nuisance and shall be subject to summary abatement, pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a personal obligation of the owner of the encroaching improvement(s) and of the owner of the property benefitted by the improvement (s) , as well as a lien against the affected property. 2. ENCROACHMENT PERMIT DEFINED. An encroachment permit is authorization to place or extend private improvements in, upon, over, or under a public right-of-way or other public property. 3. APPLICATION. Application shall be made on forms provided by the Public Services Department. Plans and information reasonably needed to evaluate the application may be required by the Public Services Director or his designee. 4. FEES. Fees for the processing of encroachment permits may be established by resolution of the City Council. 5. AUTHORITY TO GRANT. Applications for encroachment permits -may be denied, granted, or granted with conditions by the Public Services Director, or his designee, after consultation with affected city departments. 6. FINDINGS. Before -granting an encroachment permit, the Public'Services Director shall make the following findings: a. The encroachment will be consistent with the public convenience and welfare. b. The encroachment will not interfere with pedestrian or vehicular circulation systems. C. The encroachment will not create a traffic hazard. 7. CONDITIONS, Conditions or special requirements may be applied -..by the Public. Services Director to ensure that the development authorized by the encroachment -permit is compatible and harmonious with existing development in -the vicinity and to protect the public health, safety, and general welfare. 8. APPEALS. Decisions of the Public Services Director may be appealed pursuant to section 2-300 st seq. 9. TERMINATION. The authority granted by an encroachment permit shall terminate upon written notice from the City of Costa Mesa that public improvements are to be placed in the right-of-way within which the encroachment exists. The owner of the private improvements shall remove all such private improvements within thirty (30) days following receipt of such notice, or within such longer period as may be determined by the director of public services. 10. REVOCATION. The Public Services Director or his designee shall set a hearing before the Transportation Commission for revocation of the encroachment permit and/or pursue other legal remedies as may be deemed appropriate by the city attorney whenever the Public Services Director determines that either: 2 (1) The permittee has failed to comply with one or more of the conditions attached to the encroachment permit at the time of granting thereof; or (2) Because of changed or unforeseen circumstances the findings necessary for approval of the encroachment permit can no longer be made. SECTION 4. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 19th day of October, 1992. ATTEST: City Clerk of the City of Costa Mesa APPROVED AS TO FORM: City Attorney 3 -�R� d' 410V �' Mayor the City of Costa-Mesa-- APPROVED ostaMesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa hereby certify that the above and foregoing Ordinance No. Z - was introduced and considered section by section at a regulr e ting of said City Council held on theday of 1992, and thereafter passed and adopted as a wholeat.� �egu�lar meeting of said Council held on the day of Q�1992, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 4" -Nfil IN WITNESS WHEREOF, I have hereby set my hand a d of fixed the Seal of the City of Costa.Mesa this day of , 19 6D. C ty Clerk and ex -officio Cle of the City Council of the Ci of Costa Mesa 4