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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: 96 (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