HomeMy WebLinkAboutORD 199 (1963) ORDINANCE NO. 199
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
REQUIRING PERMITS FOR THE EXCAVATION, FILLING AND
OBSTRUCTION OF PUBLIC HIGHWAYS, PRESCRIBING THE
PROCEDURE FOR THE APPLICATION AND ISSUANCE OF
PERMITS, AND IMPOSING PENALTIES FOR VIOLATIONS.
The City Council of the City of Tu&tin, California,
does ordain as follows:
Section l: DEFINITIONS
Unless the provisions or context of this Ordinance
otherwise require
(a) "City" means the City of Tustin, California;
(b) "Street Com~.issioner" and "Commissioner" means
the Street Commissioner of the City of Tustin;
(c) "Highway" means any public highway, public
street, public way or 'public-place in the
territory of the City, either owned by the
City or dedicated to the public for purpose
of travel;
(d) "Person" includes any individual, firm,
copartnership, hoint adventure, association,
co_~oration, estate, trust, business trust,
this state, any county 'except the Road
Department, municipality, district or other
political subdivision thereof, or any other
group or combination acting as a unit;
(e)The singular number includes the plural and
the plural, the singular.
(f) "Public Agency" m~ans and inchdes the United
States or any department or agency thereof,
the State of California or any department or
agency thereof, county, municipal 9orporation
or public district.
Section 2: EXCAVATION, FILLS, OBSTRUCTIONS UPON OR
INJURY TO HIG~r~AY WITHOUT PERMIT PROHIBITED
A person who digs up, plows up, removes or breaks the
earth, soil, stone, pavement or other surface of, or otherwise
injures any highway or makes or causes to be made an excavation,
or constructs, places upon, maintains, or leaves any material or
any obstruction or impediment Go travel in or upon a highway, or
installs or maintains or causes to be installed or maintained any
tank, pipes, conduit, dact, tunnel, or any other installation of
any nature across, upon, in or under any highway unless he ~hall
have first obtained a permit hersunder so to do shall be guilty
of a misdemeanor.
Section 3: TIME ~ FILING APPLICATION
Applications for permits hereunder shall be filed not
less than forty eight (48) hours before the work is proposed to
be · done.
Section 4: Application for Permits
Applications for permits required by this Ordinance shall
be =g~led with the Street Commissioner upon printed forms to be
prescribed and supplied by him. The application shall be signed
by the applicant and shall state:
(a) The name and address of the applicant;
(b) The location, ~rpose, extent and nature of the
proposed excavation, fill or obstruction;
(c) The time during which it is extimated that the
excavation, fill or obstruction will exist;
(d) That the applicant agrees to indemnify,
defend and save the City, its authorized
agents, officers, representatives and
employees, harmless from and against any
and all penalties, liabilities or annoyances
or loss resulting from claims or court
action and arising out of any accident, loss
or ~amage to persons or property happening
or occurring as a proximate result of any work
undertaken under the permit granted pursuant
to the application;
(e) That the applicant agrees that if any tank,
pipe, conduit, duct, tunnel or other installation
of any nature or kind placed in the excavation,
fill or obstruction for which the permit is
issued which shall at any time in the future
interfere with the use, repair, improvement,
widening or change of grade of the highway,
the applicant, or his successors or assignes,
within ten (10) days after the receipt of
a written notice f~om the Commissioner to do
so, will at his own expense either remove
such tank, pipe, conduit, duct, tunnel or
other installation, or, subject to the
approval of the COmmissioner, relocate them
to a site -which may be designated by the
Commissioner;
(f) Any additional information which the Commissioner
may deem necessary for the proper disposition
of the application.
Section[: PLAT MUST BE FILED
The application shall be accompanied by a plat
showing the location, dimension, nature of the proposed excavation,
obstruction, or fill, and any other detail which the ~ommissioner may
require.
Section 6: PROFF OF RIGHT TO USE HIGHWAY
Each applicant for a permit shall submit to the
Commissioner satisfactory pro6f of the applicant's right to use the
highway for the purpose set forth in the application.
Section 7: MODIFICATION OF APPLICATION MAY BE REQUIRED
The Commissioner may require such changes in the
ap ~lication respecting location, dimensions, character or number
of the proposed excavations, fills or obstructions as in his
opinion ma~ be necessary for the protection of the highway, the
prevention of undue interference with traffic, or to assure the
safety of persons using the highway.
Section 8: THE COM~SSIONER MAY ELECT TO DO THE RESURFACING
The Commissioner~nay, either at the time of the
issuance of the permit or at any time thereafter, elect to do the
resurfacing or repair e~ any highway surface removed or damaged by the
proposed excavation or obstruction pursuant to a pe_~mit hereunder.
Section 9: ISSUANCE FEE
Each application for a permit shall be accompanied
by an issuance fee of One Dollar (1. O0), no part of which shall .be
returned to the applicant regardless of the action taken on the
apolic ~ tion.
Section 10: SPECIAL DEPOSIT OF COSTS REQUIRED ·
COMPUTATION THEREOF
Unless the Commissioner shall have authorized the
applicant tOeperform the resurfacing orb repair of the surface of
any highway which may be removed~in part or damabed by the proposed
excavation, fill, or obstruction, each applicant shall, in
addition to the issuance fee, deposit with the Commissioner the
estimated cost o~ resurfaCing or repairing the surface of the
highway which may be damaBed or destroyed. ,~he special deposit
required hereunder shall in no event be less that Fifteen Dollars
($15.00). The estimated cost shall be determined by the
Commissioner by multiplying the number of Square feet of surface
which may be da~mged, as shown by the application, by the sum of
Forty Cents ($.40) per square foot of surfacing. The City
Council may from time to time change and revise the method of
deterraining the est't_mated cost.
'The minumum cost of restoration I or repair shall be
presumed to be not less that Two Dollars ($2.00).
Section ll: APPLICANT MAY F~KE GENERAL DEPOSIT
(a) In lieu of making the special deposit required by
Section lo, the applicant may make and maintain with the Commis-
sioner a general deposit in an amount estimated by the Commissioner
to be sufficient to pay for the cost of permit issuance fees and
expected repairs occasioned by future excavations or obstructions,
but not to exceed Five Hundred Dollars ($500.00).
(b) In lieu of the special deposit required by Section
lO or of making the general deposit as provided for in Sub-section
(a) of this section, the appiiuan~ ~,~y wi~h ~e a.[.~.pro~i ~i" ~e
Commissioner furnish a surety bond conforming in all respects to
the requirements for surety bonds set forth in Sub-section (b) of
Section 10, except that the condition of such bond shall be that
the applicant will pay to the City upon demand all fees, eosts,
or cha~ges incurrd by or due to the City under the provisions
of this Ordinance.
Section 12: COMPUTATION OF COSTS IN CERTAIN CASES
Whenever in this Ordinance any costs are to be charged
to any permittee and no other method for the calculation thereof
is specified, such cost shall be the actual cost, including
the proportionate part of the salaries, wages or other compensatign
of any deputy or employee, plus the cost of overhead, not to
exceed fiftee~!~percent (15%) of the total cost.
~: EXEM3TION OF PUBLIC AGENCIES FROM DEPOSITS
If the United State~, this State, this or any other
County, any municipal corporation, school district or ~ther
public body files With the Commissioner a written guarantee of
payment of all costs for which they may become liable to the
City hereunder, then no deposit for costs shall be required from
such persons. No permit issuance fee shall be required of any
public agency entitled to exemption therefrom pursuant to Section
6103 of the Government Code of the State of ~alifornia.
Section 14~ ISSUANCE OF PERMIT
If the applicant for a permit hereunder complies in all
respects with this Ordinance and with all other applicable laws,
rules, regulations or ordinances of the City or of any other public
agency and pays the fees and deposits required by this Ordinance,
the Street Commissioner shall approve the application and issue
the permit.
Section 1~: CONDITIONS OF PERMIT
The permit shall be subject to ~the following
conditions wtaich shall be stated thereon:
(a) The permit must be kept at the site of the
work and be shown, on demand, to any authorized representative of the
City 0r~any law enforcement officer.
(b) The permit shall authorize work to be
performed only as to such portion of the highway over which the
~ity has jurisdiction. .
(c) All work shall be performed in accordance
with the provisions of this Ordinance and ef all applicable laws,
rules and regulations of the city and any other.public agen~y~and to
the satisfaction of the Commissioner.
(d) The permit shall be nontransferable.
(e) The Commissioner may cancel the permit
unless the work authorized therin is commenced within sixty (60) days
of the issuance of the permit and thereafter, in the opinion of the
Commissioner, is diligently prosecuted to completion. Cancellation
may be effect~d by giving written notice therof by sending the same
to the applicant by ordinanry mail to the address shown on the
application.
(f) The Commissioner may, either at the time of
the issuance of the permit or at any time thereafter until the
completion of the work, prescribe such additional conditions as he
may deem reasonably~necessary for the protection of the highway
o~ for the prevention of undue interference with traff~-c or to
assure the safety of persons using the highway.
Section 16: COMPLIANCE WITH. TERMS OF PWRMIT REQUIRED
A permittee shall not make or cause to be made
any excavation, or construct, place upon, maintain, or leave any I~'~
obstruction or impediment to travel, or pile or place any material
in or upon any higB~ay, or install or maintain or cause to be in-
stalled or maintained any tank, pipe, conduit, duct, or tunnel in,
upon, or under the surface of any highway, at any location, or in
any manner other than that described in the application as approved
by the Commissioner, or contrary to the terms of the permit or of
any provision of this Ordinance.
Section 17: RESTORATION OF HIGHWAY UPON COMPLETION OF :WORK
Immediately upon completion of the work
necessitating the excavation or abstruction authorized by anypermit
issued pursuant to this Ordinance, the permittee shall promptly and
in a workmanlike manner refill the excavation or remove the
obstruction to the satisfaction of, the Commissioner.
If any permittee fails or refuses to refill
excavation which he has ~made or remove'any obstruction which he has
placed on any highway, the Commissioner may do so and the
shall promp~-ly reimburse the County the cost thereof.
Section 18: RESURFACING BY PERMITTEE OR CITY AND SPECIFICATIONS THEREFOR
(a) After completion of the refilling and
compacting of the backfill material in the excavation as specified -
in section 23 and the removal of the obstruction, the permittee shall
promptly replace, with temporary or permanent patching material, or
repair any portion of the highway surface removed or damaged by
the excavation, obstruction or construction operations as! spec-
ified elsewhere herein, to the satisfaction of the Commissioner, or
the Commissioner may at his ootion elect to do the surfacing or
repairing himself.
(b) Permanent Repaving, Where the pavement (except
portland Cement Concrete pavement) or surface has been removed,
the permittee shall replace it-~ith a standar~ repair consisting
of either 5" of Plant Mixed Surfacing or 3" of Plant Mixed
Surfacing over 6" Untreated ROck Base except that the standard
repair shall not be less in total thickness than the adjacent
pavement or surfacing and except that read-mixed surfacing may
be repairsd w~h 3" of Plant Mixed Surfacing in lieu of the standard
repair. Plant Mixed Surfacing shall consist of mineral aggregate
and liquid asphalt grade SC-6, or grade 200-300 penetration
p~ving asphalt. If Portland Cement Concrete pavement is removed,
it shall first be sawed ate the neat lines of the excavation and
subsequently replaced with Portland Cement Concrete.
(c) Tunneling or Boring, Excavation of pavement or
surfacing on an arterial highway (as shown on the Master Plan of
Highways) and determined by the Commissioner as having been
improved with plant ~qixed Surfacing or Portland Cement Concrete
pavement, will be permitted only when physical .conditions make boring
or tunneling impossible. All boring and tunneling and placing
conduits, casings and pipe lines shall be done in such a manner that
the existing driving lanes will not be disturbed. If a casing is
installed to receive the conduit or pipe line, all voids between
the casing conduit shall be filled with grout or sand.
(d) Replacing Entire Driving Lane. If the surfacing
or pavement within the driving lanes of ~n arterial highway(as
shown on the Master Plan of Highways) and determined by the
Commissioner as having been improved with Plant Mixed Surfacing
or Portland Cement Concrete is removed or damaged by parallel con-
struction operations, the existing surfacing or pavement of the
width of the driving lane for the length of the damaged surfacing
shall be removed and replaced except that such a removal and
replacement shall in no case be less than 100' in length.
All materials and construction operations shall conform
to the applicable provisions of the Orange County Standard
Specifications.
Section 19; COST OF RESURFACING TO BE BORNE BY PERMITTEE
If, after the refilling of an excavation the permittee
fails o~ refuses to resurface or repair that portion of the sur-
face of the highway damaged by him, or if the Commissioner has
elected to do such resurfacing or repairing, the Commissioner shall
do so and the permittee shall be charged with the cost thereof
computed by the Commissioner as provided in Section lO or Section 12
of this Ordinance, whichever, in the judgement of the Commissioner
will most fairly compensate the City for the expenses incurred by it.
Section 20: COST OF FUR'I~LER REPAIRS TO BE PAID BY
PERMITTEE
If at any time subsequent to the first repair of a
surface of a highway damaged or destroyed by any excavation or
obstruction in such highway, it becomes necessary again to repair
such surface due to settlement or any other cause directly
attributable to such excavation or obstruction, the permittee
shall pay to the City the 'cost of such additional repairs made
by the Commissioner. The cost shall be computed by the Commissioner
as provided in Section 10 or Section 12 of this 0rdinanance, which-
ever in the judgment of the Commissioner will most fairly
compensate the City for the expenses incurred by it.
Section 21: TRAFFIC TO BE KEPT OPEN
Trenching for installation across any intersecting road-
way open to traffic shall be progressive. Not more than ½ of the
width of a traveled way shall be disturbed at one time and the re-
maining width shall be kept open to traffic by bridging or back-
filling, More than one-half (½) of the width of a traveled
way. J shall be disturbed at one time only upon the prior authorization
by Minute Order of the City Council.
Section 22: LOCATION OF .PIPES AND CONDUITS
All pipes and conduits laid parallel to the road-
way shatl be placed at least five ~5) feet from the edge of the pave-
ment or graded traveled roadway, unless otherwiser! authorized in
writing by the Commissioner. The shallowest portion of any pipe
line or other facility shall be installed not less than thirty
(30) inches below the roadway surface,
~ectipn 23: WORK REGULATIONS
(a) General Compaction Requirements, All backfill
replaced in excavations within the. road. right of way shall be
compacted until the relative comoaction within 6' of.the top ~'i
surface is not less than 90% and'below 6' is not less than the
adjacent undisturbed soil as determined by the Relative Compaction
Test specified in Section 6, Article b-21 of the State Standard
Specifications.
(b) Compaction of Clayey Soils. Clayey materials
shall be defined as a soil containing more that 30% of material
which will pass a No. 200 mesh screen. Clayey material replaced
as backfill may not be ponded or jetted but lshall be compacted
as specified under general cempaction requirements by any other
suitable method providing the material 'is first conditioned
by wetting or drying to within 2% of optimum moisture content*.
In lieu of backfilling with clayey material, the
permittee at his option may elect to furnish sandy or grandular
material, less than 30% of which will pass a No, 200 mesh screen
in which case compaction may be obtained as specified under general
compaction requirements.
(c) Finishing and Clean Up. After the work has
been completed, all debris and excess material from excavation and
backfill operations shall be removed from the right of way and
the roadway left in a ~neat and orderly condition,
All roadside drainage ditches shall be restored
to the original grades and the inlet and outlet ends of all culvert-~'
shall be left free and clear.
All approaches to private driveways and inter-
secting highways and streets shall be kept open to traffic at all
times.
Excess and nonsurfacing materials which adhere to
roadway surfacing as a result off construction operations shall
be removed by approved methods to the satisfaction of the Commissioner.
Section 24: DEDUCTIONS FROM DEPOSIT * PAYMENT
OF BALANCE TO PERMIT TEE
The City shall deduct from any deposit made or
maintained by the permittee:
(a) The permit issuance fee if it has not
otherwise been paid;
(b) The cost to the .City of refilling any ex-
cavation or removing any obstruction;
(c) The cost to the City of resurfacing or
repairing the highway calculated pursuant to the provisions of
Section l0 or Section 12 of this Ordinance.
(d) The cost to the City of any additional repairs
as provided in Section 20 hereof.
~e~ ~he cost of any inspection by the Commissioner
made necessary by the failure of the permittee to comply with
any provision of this Ordinance or the terms or conditions of
the permit.
After making the deductions specified above, the City
shall, unless the deductions are made from a general deposit
refund a~r~y balance to the applicant in the smme manner as pro-
vided by law for the repavement of trust moneys. The balance
remaining in the general deposit shall be retained by the Com-
missioner and applied to issuance fees and costs in connection with
any future excavations, fills, or obstructions pursuant to a
permit issued hereunder unless a written demand for the balance
be made by the depositor, in which event any balance therein shall
be refunded in the same manner as provided by law for the repay-
ment of trust moneys.
Section 2~: PERMITTEE TO PAY DEFICIENCY
If any deposit is insufficient to pay all fees and costs
herein provided, the permittee shall, upon demand, pay to the
Commissioner an amount equal to the deficiency.
Section 26: EFFECT OF FAILURE TO PAY COSTS OF DEFICIENCY
If a permittee, upon demand, fails to pay any deficiency
as provided in Section 25 or shall fail to pay any other costs due
the City hereunder for which no deposit has been made, the City
may recover the same by an action in any court of competent
jurisdiction. Until such deficiency or cost is paid in full, a
permit hereunder shall not thereafter be issued to such permittee.
Section 27: PR.0TECTION OF TRAVELING PUBLIC
Permittee shall take adequate precautions for the
protection of the traveling public. Barricades, red lights, and
warning signs, together with flagmen where necessary, shall be
maintained until ths excavation is refilled, the obstruction
removed, and the roadway is safe for the use of the traveling
public~ The Commissioner may specify, as a condition of the
issuance of the permit, the safety devices or measures to be
used by the permittee, but the failure of the Commissioner to so
specify the devices or measured to be used shall not relieve the
permittee of his obligation hereunder.
Section 28: EMERGENCY PERMITS
Nothing in this Ordinance prohibits any person from
making such excavation as may be necessary for the preservation
of life or property when such necessity arises during such hours
as the offices of the city are closed, if the person making such
excavation obtains a permit therefor within one day after the
offices of the Commissioner are first opened subsequent to the
making of such excavation.
Section 2]: PENALTIES
A person who violates any provision of this Ordinance or
of any permit hereunder is guilty of a misdemeanor and upon con-
viction thereof shall be punishable by a fine of not more than
Five Hundred Dollars(S500.00) or by imprisonment in the County
Jail for a period of not more than six (6) months or by both such
fine and imprisonment. Each day during any portion of which any
violation of any provision of this Ordinance is committed,
continued or permitted is a separate offense.
Section ~0: SAVINGS CLAUSE
If any section, paragraph or provision of this Ordinance
be declared invalid for any reason, the City Council hereby de-
clares that it wc~ld have passed all other portions of this
Ordinance independent of any portion that may be declared invalid.
S~ction ~l: EFFECTIVE DATE OE ORDD~ENCE
This Ordinance s~ll take effect and be in force
~ ~hirty (30) days from and after its passage, and prior to the ex-
piration of fifteen (15) days after the passage thereof, this
Ordinance, together ~ith the names of the Members of the City Council
voting for and against the same shall be published~ once in the
Tustin News, a newspaper printed and published in the City of
Tustin, State of California.
PASSED AND ADOPTED-at a regular meeting of the
City Council of the City of Tustin, California, held on t~e 4th day of March, 1963.
MAYOR
AT'~'EST:
CL.E~
STATE OF CALIFORNIA)
C~UNTY OF ORANGE )
CITY OF TUSTIN ) SS
RUTH G, POE, City Clerk and ex-officio Clerk of
the City Council of the City of Tastin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing .Ordinance was
duly and regularly introduced and read at the regular ~eeting of the
City Council held on the 18th day of February, 1963 and was given
its second reading and duly passed and adopted at a regular
meeting held on the 4th day of March, 1963, by the following vote.
:
AYES: COUNCILMEN _.~.I~D. NE~y', SHERIDAN, HUMES~TON_J_MACK~ KLINGELHOFER
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
CITY ZFLT~
CITY IN, CALIFOPJ~IA