HomeMy WebLinkAboutORD 1394ORDINANCE NO. 1394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
CHAPTER 12.04 REGARDING ENCROACHMENTS AND EXCAVATIONS
WHEREAS, pursuant to the authority granted to the City of Palm Desert (“City”) by
Article XI, Section 7 of the California Constitution, the City has the power of regulate the
use of streets, including regulations regarding encroachments within the City in a manner
designed to promote public convenience and general prosperity, as well as public health,
welfare, and safety; and
WHEREAS, the City has the authority to regulate public rights-of-way within the
City; and
WHEREAS, in 1974, the City adopted the Riverside County Ordinance No. 499
and made it applicable to the roads, streets and highways of the city of Palm Desert,
California; and
WHEREAS, the County Ordinance is not specifically tailored to the needs to the
City and therefore, it is desirable to adopt a City-specific ordinance that is tailored to the
needs of the City’s Public Works Department; and
WHEREAS, the City Council desires to adopt the proposed Ordinance
implementing City-specific policy and procedure regarding encroachments and
excavations; and
WHEREAS, all legal prerequisites regarding the proposed Ordinance have been
met.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Recitals. The City Council finds the above recitals are true and correct
and accordingly, are incorporated as a material part of this Ordinance.
Section 2. Amendment to the Municipal Code. Chapter 12.04 Encroachments and
Excavations is hereby repealed in its entirety and replaced in full with the following:
“Chapter 12.04 - ENCROACHMENTS
12.04.010 - Definitions.
12.04.020 - Right of lawful use.
12.04.030 - Encroachment permit required.
12.04.040 - Exception to permit requirement.
12.04.050 - Nonacceptable permit applications.
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12.04.060 - Emergency work authorized.
12.04.070 - Director to issue permits.
12.04.080 - Application.
12.04.090 - Conflicts with existing facilities, improvements and encroachments.
12.04.100 - Permit approval and issuance
12.04.110 - Permit denial.
12.04.120 - Insurance.
12.04.130 - Liability for damages.
12.04.140 - Fees.
12.04.150 - Term of permit.
12.04.160 - Termination by city.
12.04.170 - Display of permit.
12.04.180 - Change in permit.
12.04.190 - Cash deposits or bonds.
12.04.200 - Annual bond.
12.04.210 - Additional bond or cash deposit.
12.04.220 - Condition of bond or cash deposit.
12.04.230 - Bond payable to city—Release of bond or cash deposit.
12.04.240 - Encroachment license agreements.
12.04.250 - Notification of beginning of work.
12.04.260 - Erection and maintenance of safety provisions.
12.04.270 - Care of drainage.
12.04.280 - Obstruction of sidewalks and ramps on weekends.
12.04.290 - Interference with travel of general public.
12.04.300 - Restoring of street and maintenance of encroachment.
12.04.320 - Standards, supervision and inspection.
12.04.330 - Abandonment of pipes, conduits and appurtenances.
12.04.340 - Poles and transmission line carriers.
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12.04.350 - Movement of vehicles.
12.04.360 - Mailboxes in rights-of-way.
12.04.370 - Regulations for the maintenance of any public right-of-way. new
12.04.380 - No permit required for lawns—Restrictions.
12.04.390 - Monuments.
12.04.400 - Publication vending machines—Permit required.
12.04.410 - Franchises.
12.04.420 – Suspension or revocation of permit.
12.04.430 - Violation, penalties.
12.04.010 - Definitions.
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 encroachmen t 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:
1. 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;
3. 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;
6. Lighting or building a fire;
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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 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.
12.04.020 - Right of lawful use.
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 shal l be unduly obstructed
at any time.
12.04.030 - Encroachment permit required.
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-of-way, 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 right-of-way any pipeline, conduit or other fixtures, o r 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,
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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 (30)
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 B shall be in addition
to any other rights and remedies available to the city under this code or applicable federal
or state law.
12.04.040 – Exception to permit requirement.
This chapter shall not apply to the action of any officer or employee of the ci ty
engaged in the discharge of official duties.
12.04.050 - Nonacceptable permit applications.
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.
12.04.060 - Emergency work authorized.
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 (1) calendar
day after the offices of the city are again opened.
12.04.070 - Director to issue permits.
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.
12.04.080 - Application.
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
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space for the name, address and principal place of business of the ap plicant, 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.
12.04.090 - Conflicts with existing facilities, improvements and encroachments.
The applicant shall design, plan, install and maintain the encroachment in such a
manner that the encroachment will not unreasonably interfere with existin g 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 cons tructed,
installed, or maintained in a manner that would make any existing encroachment non -
conforming under the standards and requirements of this title.
12.04.100 - Permit approval and issuance.
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 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 (3) days of issuance
stating that the permit was not accepted, thereby voiding the issued permit .
12.04.110 - Permit denial.
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.
12.04.120 – Insurance.
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 $1 ,000,000 per occurrence, and
$2,000,000 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
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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 c ity'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.
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.
12.040.130 - Liability for damages.
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 ma intenance. If any claim of such liability
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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.
12.04.140 - Fees.
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 counci l.
12.04.150 - Term of permit.
The permittee shall contact the city to schedule an inspection to occur within ninety
(90) days of permit issuance. The permit shall expire ninety (90) 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 hol ding a
franchise from the city, shall be valid for a term of one (1) year from date of issuance,
unless sooner terminated by discontinuance of the use or removal of the encroachment
for which the permit was issued.
12.04.160 - Termination by city.
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.
12.04.170 - Display of permit.
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 enforcemen t officer on
demand.
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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.
12.04.180 - Change in permit.
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.
12.04.190 - Cash deposits or bonds.
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.
12.04.200 - Annual bond.
In lieu of repeated individual bonds which may be required pursuant to Section
12.04.190, the 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.
12.04.210 - Additional bond or cash deposit.
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.
12.04.220 - Condition of bond or cash deposit.
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.
12.04.230 - Bond payable to city—Release of bond or cash deposit.
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.
12.04.240 - Encroachment license agreements.
A. Applications for encroachment license agreements under this section shall
be made in accordance with procedures established by the director. Applications shall be
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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.
12.04.250 - Notification of beginning of work.
Before beginning any work or encroachment, the permittee shall notify the director
at least twenty-four (24) hours prior to beginning such work.
12.04.260 - Erection and maintenance of safety provisions.
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.
12.04.270 - Care of drainage.
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.
12.04.280 – Obstruction of sidewalks and ramps on weekends.
If the work, use, or encroachment authorized in the permit issued pursuant to this
chapter will cause a sidewalk 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.
12.04.290 - Interference with travel of general public.
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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.
12.04.300 - Restoring of street and maintenance of encroachment.
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 publi c 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
(1) year after the completion of the work the pe rmittee shall repair and make good any
injury or damage to 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.
12.04.310 - Relocation or removal of encroachments.
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.
12.04.320 - Standards, supervision, and inspection.
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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.
12.04.330 - Abandonment of pipes, conduits and appurtenances.
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 (30) 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.
12.04.340 - Poles and transmission line carriers.
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 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.
12.04.350 - Movement of vehicles.
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 there
over, 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.)
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12.04.360 - Mailboxes in rights-of-way.
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.
12.04.370 - Regulations for the maintenance of any public right-of-way.
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
(8) feet above sidewalks and at least fourteen (14) feet above streets and alleys, and
keeping all grass and weeds trimmed or mowed to a height not to exceed twelve (12)
inches.
12.04.380 - No permit required for lawns—Restrictions.
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 be denied the use of the planted area for pedestri an
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.
12.04.390 - Monuments.
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.
12.04.400 - Publication vending machines—Permit required.
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
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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, u sed 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.
12.04.410 - Franchises.
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.
12.04.420 - Suspension or revocation of permit.
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 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.
12.04.430 – Violation, penalties.
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
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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 this chapter. Any
person violating any provision of this chapter shall be guilty o f an infraction and shall be
punishable by;
1. a fine not exceeding two hundred and fifty dollars ($250) for the first
violation;
2. a fine not exceeding five hundred dollars ($500) for a second violation; and
3. a fine not exceeding one thousand dollars ($1,000) for each subsequent
violation of this chapter during a twelve (12) month period.
C. Misdemeanor. After a third violation of this chapter in a twelve (12) month
period, the city may issue a misdemeanor citation to any person who has committed,
continued, permitted, suffered, or maintained a violation this chapter. Any person
convicted of a misdemeanor under this chapter shall be punishable by a fine of not more
than $1,000, or by imprisonment in the county jail for a period not exceeding six (6)
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
($250) for the first violation;
2. an administrative fine in an amount not to exceed five hundred dollars
($500) for a second violation issued for the same offense within a twelve-month period of
the date of the first offense; and
3. an administrative fine in an amount not to exceed one thousand dollars
($1,000) 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.”
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to
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be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effecti veness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Section 4. California Environmental Quality Act Finding. The City of Palm Desert
(City), in its capacity as the Lead Agency under the California Environmental Quality Act
(CEQA), has determined that the amendments to Chapter 12.04 are not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirectly physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly
as it is administrative and technical in nature and does not constitute approval of any
particular project.
Section 5. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effect thirty (30) days after its adoption.
ADOPTED ON MAY 25, 2023.
________________________________
KATHLEEN KELLY, MAYOR
ATTEST:
________________________________
ANTHONY J. MEJIA
CITY CLERK
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Ordinance No. 1394 Page 17
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1394 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on May 11, 2023, and adopted at a
regular meeting of the City Council held on May 25, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________________.
ANTHONY J. MEJIA
CITY CLERK
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5/30/2023