A Study of Encroachments and Inadequate Clearings on both right-of-way (R/W) and Parklands was prepared by Palos Verdes Estate (PVE) residents with extensive consulting backgrounds and submitted to City Staff in September of 2013 and to the Council in early 2014. Even though there are Municipal Codes address unauthorized encroachments on all City owned land, regardless of whether the land is right-of-way or Parklands, the PVE City Council and staff claimed they were limited to removing encroachments upon Parklands by resolution R05-32. However, a new R/W ordinance was approved. Please see Parkland Use Policy.
Still, it appears R/W and Parkland encroachments may need to be addressed differently from those on R/W. The 2013 encroachment study was revised and updated with A Study on Parkland Encroachments, exclusive of R/W encroachments, completed in June, 2014, which is summarized as follows:
A major drawback with the R05-32 ordinance involving the removal of unauthorized encroachments upon Parklands is that it allowed five years to remove an unauthorized encroachment, after it is observed and notice is given, and there are no fines or penalties. And, if a home is sold with such an encroachment, the City is supposed to notify the new owner of the encroachment shortly after the purchase (but apparently doesn't) and the responsibility to resolve the encroachment lies with the new owner. Especially for a resident who may be leaving PVE and selling their home within five years, this policy provided minimal deterrent and is therefore not believed effective in preserving PVE's Parklands.
The PVE City Council approved of the PV Homes Association decision to sell this area of Parklands to the owner. (According to www.pveopenspace.com, this appears improper and is being contested.)