HomeMy WebLinkAboutORD 197 (1963)
ORDINANCE N0. 197
AN 0RDINANCE EDINABYCE 0F THE CITY OF TUSTIN,
CALIFORNIA PRESCRIBING REGULATIONS UN-
DER WHICH PERMITS SHALL BE ISSUED FOR
THE LAYING , CONSTRUCT!NG,RECONSTRUCT-
ING AND REPAIRING 0P CURBS, SIDEWALKS,
GUTTERS, DRIVEWAYS, ROADWAY SURFACES,
STORM DRAINS, CULVERTS OR OTHER APPUR-
TENANT HIGHWAY STRUCTURES IN PUBLIC
STREETS, WAYS 0R PLACES IN THE CITY 0F
TUSTIN.
The City Council of the City of Tustin,
Ca].ifor~0ia~ does ordain as follows:
Section !. ~FINITIONS
Unless the provisions or contem{t of this'
Ordinance otherwise recuire
(a) "City" means the City of Tustin,
California
(b) "Street Commissioner" and "Commissioner"
mean the Street Commissioner of the City of Tustin;
.~ ~.~ .y means any public highway,
public street, public way 0r public place in the
territory of the City, either owned by the City or
dedicated to the public for purpose of travel;
(d) "Person" incl'Qdes any individual,
firm, copartnership, joint adventure, association,
corporation, estate, trust, business trust, this state,
any county, except the Road Departmeant of this mu-
nicipality, district or other political subdivisions
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 A~ency" means and includes
the United States :or any department or agency there-
of, the State of California or any department or
aX'ency thereof, co~ty ~ municipal corporation or
public district.
Section 2. It shall be umlawful for any
person to lay construct or repair any curb, sidewalk,
gutter, driveway, roadway surface, retaini~g wall,
96i:'
or storm drain or culvert in, over, along', across or
through any highway, without first obtaining a permit
therefor from the Commissioner as heroin provideS..
Sects_on 3o Except as otherwise provided
in this 0l~dinance, each application for a permit
hereunder shall be accompanied by an issuance fee
of One Dollar (~i. O0). The issuance fee is required
forthe purpose of defraying the cost of processLn_g
the application for a permit and no part of the fee
shall be returned irrespective of the disposition
made of the application.
.S..ection g'~ If the United States, this
State, this or any other county, any municipal corp-
oration, school district or other public agency files
with the Commissioner s written guarantee of payment
of all costs for which it may become tia's!e to the
City hereunder, them no deposit for costs shall be
required from such person. No permit issuance fee
shall be required of any public agency entitled to -
exemption therefrom pursuant to Section 6i03 of the
Government Code of the State of California.
Section 5.. On each application the ap]pli-
cant shall sign a statement that. he agrees to preserve
and save harmless the City and each office~ and em-
p!oyee thereof from any liability or responsibility
for any accident, loss or damage to persons or pro-
perty happening or occurring as a pr~x:imate result
of any work undertaken under any permit granted pur-
usant to the application.
Section_6~'_ If any provision of this Or- --]
dinance, or the application thereof to any person or
circumstance is held invalid, the remainder of this
Ordinance, and the application of such provision to
other persons or circumstances shall. not be affect-
ed thereby°
~Section F. ~m applicant for a permit shall
state in his application:
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(a) The location, nature, and extent of
the work to be performed;
(b) The materials to be used;
(c) Such other information, including
plans and specifications as the Commissioner may re-
quire.
Section ,8~,. The Commissioner may ~eo~-ire
such changes on the application respecting the location,
dimensions, method or manner of construction,
sta!lation or repair as may reasonably be necessary
for the protection of the highway, the prevention of
undue interference with traffic, or to assure the
safety or persons using the highway.
Section 9(, An applicant for a permit to
construct any work, except curbs, 'walks, gutters or
highway surfaces, for which no engineering or
spection fee shal~ be charged shall, in addition to
the issuance fee, pay or make a deposit for enginee~t.-
ing and inspection fees as follows:
(a) For a permit to conEstruct a driveway
~.,'th surfacin¢~: other than dirt gravel or decomposed
rock;
l) For each residential driveway,
One dollar and Fifty Cents (t$1,~0).
2) For each commercial driveway, Ten
Dollars ( ~ l0.00 ).
(b) For each resZdentia! friveway, cu!-
weft, One Dollar and Fifty Cents (~ 1.~0).
(c) For all other work, an amount estimat-
ed by the Commissioner to be equal to twice the actual
cost of all necessary engineering and inspection
costs.
.ppction 1.O, The engineerir~ and inspection
costs provided for in subsections (a) and (b) of
Section 9 shall be presumed to be the actual cost.
A refund thereof shall not be made to any applicant
unless (1) the ZmspectZon and/or engineering fee
963
was erroneously collected in which case the intire
amount may be returned or (2) unless the ~riveway or
culvert is not comstructed or installed in which event
the applicant may apply for a refund of the unused
fees less a charge of One Dollar and. Fifty Cents
(~1.~0) for any final inspection which may be made.
Where the deposit has been made under subsection (c)
of Section 9., the Commissioner shall deduct from the
deposit the actual cost to the City of the :required
e~ogineeri~ and inspection plus the cost of oV. erhead,
is less than the deposit, the difference: shall be re-
funded to the person making the deposit in the same
manner as provided by lair for the repayment of trust
moneys. Nothing ~n this paragraph shall be construed
as authorizing the repayment of any issuance fee.
If the cost exceeds the deposit, the permittee
shall, upon demand by tkie Commissioner, pay the excess
to the City. If payment is not made within fifteen
days after such demand the City may recover the amouaat
in any court of competent jurisdiction. Until such a-
mount is paid, further permits under this Ordinance
shall hot be issued to such permittee.
S.e~tion !i. The Commissioner shall. issue
without any inspection fee or deposit therefor, a
permit to construct a residential driver!ray is the
applicant for such permit pays the issuance fee and
submits satisfactory evidence to the Commissioner
that the drivew~.y ?~r].!l be inspected by a competent
governmental agency other than an agency of the City
and such gobernmental agency will furnish a certificate
to the effect that that portion of the driveway in-
stalled in the public right of ~ay was inspected and
complies with minimum standards r-equired by the City.
Section 12. If an applicant receives a
permit pursuant to the provisions of Section il, and
the governmental agency referred to in that Section
fails to make the inspection or fails to file the
96
certificate there providee for within foiir months of
the issuance of the permit, the Commissioner may himself
inspect the driveway, in which case the applicant shall
pay to the Commissioner the actual cost of such in-
spection,
Se.~tion .1.~...' If in the opinion of the Com-'
missioner, the work proposed to be done requires the
making of plans or the setting of stakes, or both,
the Commissioner may require the application to be
accompanied by the necessary plans, which plans shall
be prepared by a competent engineer.
Section il~. If the applicant complies with
'every provision of this Ordinance and with all app!i-
cable provisions of all other ordinances and statutes,
the Commissioner shall issue to the appli'cant a writ-
ten permit to perform the work set forth in the appt,i-
cant a written permit to perform the work set forth
in the application,
Section .i~, Every permittee shall commence
the proposed work within sixty (60) days after the
granting. of the permit and thereafter prosecute the
work to completion in a diligent and workmanlike
manner,
Section 16, The Commissioner may cancel the
permit Unless the work authorized therein is commenced
within sixty (60) days of the issuance of the permit
and thereafter, in the opinion of the Commissioner,
is diligently prosecuted to comp!etiom. Cancellation
may be effected by giving written notice thereof by
Sending the same to the applicant by ordinary mail to
the address shown on the application.
Section i.?. When a permit has been cancelled
by the Commissioner, the permittee may obtain a re-
fund of any unused fee paid-or deposited. No.. part
of any is:~uance fee may be refunded.
Section iS.. If so required by the Commiss-
ioner the permittee shall make proper arrangements for,
and bear the cost of relocating any struqture, public
965
utility, tree, or shrub, where such relocation is made
necessary by the proposed work for which a permit is
issued. The Commissioner may elect to do the necessary
relocation, in which wvent 'the permittee shall deposit
with the Commissioner a sum of money estimated.by him
to be sufficient to pay the cost thereof. After such
relocation, a refund shall be paid to, or defic;lency
shal!Ibe paia. bym the per~littee as provided in Section
!0 of this Ordinance.
S.e...ctio~....19... Before a permg. ttee performs any
work covered by this 6rdinance he shall obtain ~rom the
Commissioner the lines and grades .thereof~ Where the
work proposed to be do~e consists of0. or includes the
laying or constructing of a culvert in or upon a high-
way, the Commissioner may specify in any permit issued
therefor the size, the type of material, and the grade
of the cui~ert.
Sp,ct_ion 2.0. The permittee shall perform all
work in accordance with the plans,. if plans, are made,
and specifications referred to in the permit and to the
satisfaction of and under the pupervision of, the Com-
missioner. In addition, all work to be performed in,
upon, or across highways shall be in accordance with
and conform to ~he County sta. ndar~s established by
County Ordinance No. 6Z2_ .
The Commissioner may waive inspection if he
beiives such inspection is not necessary: for the best
interests of the. City.
Section 2..~,. If any stakes set for any work
covered by this Ordinance are disturbed or destroyed
and it becomes necessary to set a~ditional stakes,
the oe~.~tee shall deposit a sum estimated by the
Comi~issioner to be sufficient to pay the co.s~ of set-
ting such. addi.tional stakes. The Commissioner shall
set the additi0nalstakes. After such setting, a re-
fu_nd shall be paid to, o~ a deficiency shall be paid
by, the permittee as provided in Section 10.
Section 2'i,:., Not less than eigh~:een (!8) hours
966
before the commencement of any work covered by this
Ordinance the permittee shall apply in writi~lE~;to the
Commissioner for an inspector therefor. In such
application he shall specify the day and hour when,
and the location at which, the work will be commenced.
Section 2.3. A permittee shall place and
maints~in at each end of the work, not n!ore than fifty
(50) feet apart along the side thereof, unless other-
wise directed by the Commissioner~ from sunset of each
day until sunrise of the following day, intil the
work is entirely completed, flares or red warning
lights. He shall also place and maintain barriers not
less than three feet high at each end of the work
until the work is completed to the entire satisfaction
of the Commissioner, and shall take such other pre-
cautions as may be necessary for the protection of the
traveling pub!ic.1 The Commissioner may, as a condit-
ion of the issuance of a permit, specify such addition-
al safety devices or measures to be used by the per-
mittee, but t'he failure of the Commissioner to so
specify the devices or measures shs.!! not relieve the
permittee of his obligation hereunder.
Section 2~ Whenever any permittee has
completed any work for which a permit has been grant-
ed, he shall so notify the Commissioner in writing.
Section 2,5. If-the Commissioner by survey
or by inspection or by both ascertains that the work
has been comp!e;ted according to the requirements of
the permit issued therefor, and of all of the pro-
visions of this Ordinance, he shall issue, if re-
suested so to do by the permittee, a certificate' of
acceDtance which shall contain a statement of the
location, nature and extent of the work performed
under the permit.
,%e.ction 26. Every person who performs any
work covered by this Ordinance in an amount greater
than or in any way different from, or contrary to
967
the terms of any permit issued therefor, is guilty
of a misdemeanor.
S.ecti.q~ 27..t A permittee shall remove all
material and debris:
(a) Where new work is cOVered with earth,
in accordance with the terms of the specifications
attached to the permit;
(b) In all other cases within three days.
Section 28. PENALTIES
A person who ~Zolates any provision of this
Ordinance or of any p~rmit hereunder is guilty of a
misdemeanor and upon conviction thereof shall be pun-
ishable by a fine of not more than Five Hundred Dollars
(!$500.00) 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 pro-
tion of which any violation of any provision of this
Ordinance is committed, continued or permitted is a
separate offense.
Section 29.. SAVINGS CLAUSE
If any section, paragraph or provision of
this Ordinance be declared invalid for any reason,
the City Council hereby declares that it would have
passed all other portions of this Ordinance indepen-
dent of any protion that may be declared invalid.
Section 30.. EFFECTIVE pATE 0F 0E.DiNANCE
This Ordinance shall take effect and be in
force thirty (30) days fr-Om and after its passage, and
prior to the expiration of fifteen (15) days after the
passage thereof, this Ordinance, toge~ther with the names
·
of the Members of the City Council voting for and a-
gainst 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 %listin, California,
held on the 4th day of March, 1963.
ATTEST: _/~'~~ --
C ~TY ~RK ~
STATE OF CALIFORNIA, )
C 0UNTY 0P ORANGE, )
CITY 0P TUSTIN. ) SS.
RUTH C. POE, City Clerk and ex-officio
Clerk of the City Council of the City of Tustin,
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 fore-
going Ordinance was duly and regularly introduced
and read at the regular meeting of the City Council
held on the 18th day of February, 1963, and was
given its second reading and duly passed and adopt-
ed at a regular meeting held on the ~th day of
March, i963, by the following vote:
AYES: COUNCILMEN Doney,Sherids. n, Humeston,Mack,
~linge!hoi"er
NOES: COUNC ILMEN None
AB SENT: C 0UNC ILMEN None