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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