HomeMy WebLinkAboutOrdinance #3016 ORDINANCE NO._ 3 016
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TITLE 12 OF THE HUNTINGTON BEACH MUNICIPAL
CODE TO ADD CHAPTER 12.38 PERTAINING TO PRIVATE
ENCROACHMENTS ON THE PUBLIC RIGHTS-OF-WAY
CHAPTER 12.38
ENCROACHMENTS
12 .38 . 010 ENCROACHMENT PERMIT REQUIRED.
12 . 38 . 020 PERMIT NOT REQUIRED.
12 .38 .030 PROHIBITED ENCROACHMENTS
12 .38 . 040 APPLICATION PROCEDURE
12 .38 . 050 VIOLATION: INFRACTION.
12 .38 . 060 HOLD HARMLESS.
CHAPTER 12 .38
ENCROACHMENTS
12 .38 .010 ENCROACHMENT PERMIT REQUIRED
The following uses may encroach into the public right-of-way
subject to the issuance of an encroachment permit by the
Department of Public Works :
(A) Structural Elements
(B) Signs
(C) Lighting
(D) Parkway modification including surfacing, tree or shrub
removal and/or planting.
(E) Unusual architectural treatment, appendages, or
fixtures, such as awnings .
(F) Shrub planting and removal .
12 .38 .020 PERMIT NOT REQUIRED
Private encroachments not requiring a permit.
(A) Parkway lawn and ground cover.
(B) Parkway sprinkling systems .
(C) Use of public streets and projections over public
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property which are covered by the Uniform Building Code
under a valid building permit issued by the City.
12 .38 . 030 PROHIBITED ENCROACHMENTS
(A) Parkway surface of loose rock or gravel .
(B) Private dwellings and appendages, except as provided
for in the Uniform Building Code.
12 .38 . 040 APPLICATION PROCEDURE
Application for any permit as required by this policy
shall be filed with the Public Works Department on a form provided
by the City and shall show the proposed planting or work and the
nature thereof . Drawings for encroachment permits requiring
Public Works review shall be prepared to scale. Plan and
elevation drawings shall accurately depict location, height, and
extent of the proposed encroachments .
12 .38 .050 VIOLATION: INFRACTION
Any act prohibited or declared unlawful or the doing of
any act which is required, or the failure to do any act which is
declared to be unlawful, shall be an infraction, and any person
convicted of such infraction shall be punished by a fine not
exceeding $250 .00 .
12 .38 . 060 HOLD HARMLESS
Every person or other entity which encroaches on a
public right-of-way shall enter into written agreement with the
City and approved as to form by the City Attorney, whereby the
person or entity agrees to indemnify and hold harmless the City,
in compliance with the current requirements of the City.
A permittee will be required to supply the City, prior to
construction, proof of insurance in compliance with City' s
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3016
current requirements.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on
the 18th day of September 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk J� y City Attorney ,kg f1%4jf'7
REVIEWED AND APPROVED: INITIATED AND APPROVED:
d;�Yv
City Administrator Dire for of Public Works
-3 3016
Ord. No. 3016
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 5th day of September
19 89 , and was again read to said City Council at a regular
meeting therof held on the 18th day of . September 19 89 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
1, Come Brodway CITY CLERK of the City of �
Hun*Oon Beach and ex-ottiio Cleat of to City 74
Caundi,do hereby Calify that a synopsis of this
ordinary:has been pZshcdin0 Daily Plot on City Clerk and ex-officio Clerk
I S_- -,19 C?o of the City Council of the City
IR�2=. T owiM ft Chafer of sad City. of Huntington Beach, California
Connie 8rockw�y
Cry Cleric
I7W*GW Clerk
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