ORD 598 Adding Section 14.16.415 ROW Maint
ORDINANCE NO. 598
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADDING
SECTION 14.16.415 TO THE LA QUINTA
MUNICIPAL CODE ESTABLISHING
REGULATIONS FOR THE MAINTENANCE OF ANY
PUBLIC RIGHT-OF-WAY
WHEREAS, the City has the authority to regulate public rights-of-way
within the City; and
WHEREAS, on May 4, 2021, Council adopted Ordinance No. 592,
amending Sections 14.16.040 and 14.16.110 of the La Quinta Municipal Code
(LQMC) related to the 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, respectively, within the City;
and
WHEREAS, the LQMC amendments above were based on the
recommendation from the California Joint Powers Insurance Authority
(CJPIA), and were 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; and
WHEREAS, the maintenance requirements generated by the above
listed amendments should be clarified and added to the LQMC; and
WHEREAS, the proposed Section 14.16.415 would establish
regulations for the maintenance of any public right-of-way.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Section 14.16.415 shall be added to the LQMC 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.
Ordinance No. 598
Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC
Adopted: February 15, 2022
Page 4 of 5
Section 14.16.415 – Regulations for the maintenance of any public
right-of-way.
A. Regulations for the maintenance of rights-of-ways. 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 (8)
feet above sidewalks and at least (14) feet above streets and alleys, and
keeping all grass and weeds trimmed or mowed to a height not to exceed
twelve (12) inches.
EXHIBIT A