ORD 592 Chapter 14.16 Encroachments
ORDINANCE NO. 592
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTIONS 14.16.040 AND 14.16.110 OF THE LA
QUINTA MUNICIPAL CODE RELATING TO
UNAUTHORIZED ENCROACHMENTS IN THE
PUBLIC RIGHT-OF-WAY AND LIABILITY FOR
DAMAGES THEREFORE
WHEREAS, Sections 14.16.040 and 14.16.110 of the La Quinta
Municipal Code (LQMC) relate to unauthorized use of a public right-of-way
without a valid encroachment permit, and liability for damages assigned to a
permittee of an encroachment permit on a right-of-way, within the City; and
WHEREAS, the City has the authority to regulate public rights-of-way
within the City; and
WHEREAS, based on the recommendation from the California Joint
Powers Insurance Authority (CJPIA), the proposed amendments are intended
to clarify that (i) unlawful encroachments on a public right-of-way is a
violation of law subject to remediation, and (ii) liability for damages is likewise
assigned by operation of law to the owner of an unauthorized encroachment
in a right-of-way, as more particularly set forth in this Ordinance.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Sections 14.16.040 and 14.16.110 shall be amended as
written in "Exhibit A" attached hereto and incorporated herein by reference.
SECTION 2. Corrective Amendments: The City Council does hereby
grant the City Clerk the ability to make minor amendments and corrections of
typographical or clerical errors to "Exhibit A" to ensure consistency of all
approved text amendments prior to the publication in the La Quinta Municipal
Code.
SECTION 3. Posting: The City Clerk shall, within 15 days after passage
of this Ordinance, cause it to be posted in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting to be entered into the Book of Ordinances of
the City of La Quinta.
Ordinance No. 592
Amendments to Sections 14.16.040 and 14.16.110 Relating to Unauthorized Encroachments on Right-of-Way
Adopted: May 4, 2021
Page 4 of 5
Chapter 14.16 ENCROACHMENTS
14.16.040 Acts requiring permit.
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, 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. (Ord. 10 § 1, 1982)
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) 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.
14.16.110 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 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. (Ord. 10 § 1, 1982)
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.
EXHIBIT A