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HomeMy WebLinkAbout2057 ORDINANCE NO. 2057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 3 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO RIGHT- OF- WAY ENCROACHMENTS AND REPEALING SECTIONS 7250 THROUGH 7251 REGARDING MISCELLANEOUS WORK OR ENCROACHMENTS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION I. That Chapter 3 of Article VII of the Arcadia Municipal Code is hereby amended to read as follows: 7300. DEFINITIONS / As used in this Chapter, the following definitions shall apply unless otherwise apparent from the context: (a) "Applicant" shall mean any person (including public utilities) who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this Chapter. By way of example, this Ordinance shall apply to all those who seek to encroach on public rights-of-way including but not limited to construction contractors, telephone companies, cable television providers, and franchisees. (b) "Encroach" shall mean going over, upon, under, within, or using or doing work upon any public right-of-way so as to prevent, obstruct, or interfere with the normal use of the right-of-way. 1 (c) "Encroachment" shall mean the performance of the following acts: I. Conducting land surveying operations or making traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public street or highway. 2. Constructing, placing, maintaining, repairing, or removing any pathway, sidewalk, curb, gutter, driveway, surfacing, culvert, drainage facility, pipe, conduit, distribution or transmission facilities, duct, tunnel or cable on, over, under, or within a right- of-way or constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to a right-of-way which causes or will cause an encroachment. 3. Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guard rail, wall, loading platform, mailbox, pedestal or pull-box, or any other structure on, over, under, or within a right-of-way. 4. Lighting or building a fire in, on, or under a right-of-way. 5. Placing or leaving any rubbish, brush, earth, or other material of any nature whatsoever on a right-of-way. 6. Planting or removing any tree, shrub, grass, or other growing thing within a right-of-way. 7. Painting street curb (for the purpose of property address, bus stops, loading and unloading). 2 2057 (d) "Permittee" shall mean any person who has been issued a permit for an encroachment by the Development Services Director or his/her designee. (e) "Public highway" shall mean the part of a right-of-way which is improved for use as a City road, street, way, lane, or alley, including shoulders. (f) "Right-of-way" shall mean any land, or interest therein, which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for public road purposes, including, but not limited to, any public street, highway, alley, way, curb, gutter, sidewalk, driveway approach, or parkway. (g) "Superintendent" shall mean the Development Services Director of the City or his or her designee, who shall be responsible for the issuance of an encroachment permit. (h) "Original condition" references to restoration of the street or right-of-way to its "original condition" shall mean a condition that is at least comparable in terms of safety, stability, usability and appearance to the street (right-of-way) as it existed prior to the work by applicant. 7300.1. PERMITS--REQUIRED It shall be unlawful for any person to encroach, or to make or cause to be made, any encroachment, or to do any encroachment work, upon, over, under, or within any right-of- way in the City without first obtaining a permit from the Development Services Director or hislher designee. 3 2057 7300.2. PERMITS--APPLICA TIONS (a) The Development Services Director or his/her designee shall prescribe and provide a form of application for an encroachment permit. The form shall provide for the following information: (I) The applicant's name and address; (2) The contractor's name, license number, and place of business; (3) Sufficient detail as, in the judgment ofthe Development Services Director or his/her designee, is necessary to show with specificity the purpose, location, and dimensions ofthe proposed encroachment; (4) An attachment containing a map, plot, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment. (b) The application form shall be signed by the applicant and filed with the Development Services Director or his/her designee together with all fees, cash deposits, bonds, certificates of insurance, hold harmless agreement and any other documents required under this Chapter. (c) The Development Services Director or his/her designee may require such additional information as may be necessary to aid in the consideration of the application. 4 2057 7300.3. PERMITS--ISSUANCE Permits shall be acted upon within thirty (30) days of the filing of a complete application with all items required to be submitted. (a) Upon receipt of the application together with all other items required to be submitted, the Development Services Director or hislher designee shall issue a written pennit authorizing the encroachment described in the application unless grounds exist for denial of the application. (b) The Development Services Director or hislher designee may issue the pennit with such requirements, tenns and conditions as he feels are necessary to protect the City and the public. (c) By acceptance of the pennit, the applicant agrees to be bound by all of the terms and conditions set forth therein and in this Chapter. (d) The pennit shall not be transferred or assigned to any other person. 730Q.4. PERMITS--GROUNDS FOR DENIAL The Development Services Director or hislher designee may refuse to issue an encroachment pennit upon the detennination that the encroachment will not be in the public interest or will be detrimental to the public health, safety, or welfare. The grounds for denial shall be set forth in a written notice to the applicant. 5 2057 7300.5. PERMITS--DISPLA Y The permittee shall keep any permit issued pursuant to this Chapter, or a copy thereof, at the site of work, or in the cab of any vehicle when movement thereof on a public highway is involved, and the permit shall be shown to any authorized representative of the Development Services Director or his/her designee or law enforcement officer upon demand. 7300.6. PERMITS--REVOCATION If any of the provisions of the permit or of the law are violated, the Development Services Director or his/her designee may serve written notice upon the permittee. If the work being done is a danger to the public health, safety or welfare, the permit shall be immediately suspended and the notice shall order all work halted until the violation is corrected. Ifthe violations do not pose an immediate danger to the public, the notice shall specify the time in which the violations must be corrected. If the permittee fails to correct the violations within the time specified, the permit shall be revoked. Actions taken pursuant to the provisions of this section shall not constitute a bar to criminal proceedings provided for in this Chapter. 7300.7. FEES (a) Before a permit is issued pursuant to this Chapter, a permit fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Fees shall not be refunded or collected unless no permit has been issued. 6 2057 (b) To cover the cost of inspection of the work or encroachment pursuant to this Chapter, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. (c) Any person making an excavation for which a permit is required by this Chapter shall pay to the City a fee in accordance with the amount set forth by resolution of the City Council for each soil density test deemed necessary by the Development Services Director or his/her designee and to be taken by the City. Public utilities performing work under this Chapter shall be invoiced for the permit fee and inspection charges. 7300.8. CASH DEPOSITS Unless exempted from such requirement by law or by the Development Services Director or his/her designee, each applicant, before obtaining a permit, shall deposit with the City a cash deposit consisting of cash or a certified or cashier's check in a sum to be fixed by the Development Services Director or his/her designee in accordance with the fee schedule adopted by the City Council, as sufficient to assure full and faithful compliance with all provisions of this Chapter and to reimburse the City for restoring the right-of-way to its original condition or better. Public utilities operating under the jurisdiction of the Public Utilities Commission of the State of California, City Department and other governmental agencies, may be relieved of making such deposit by the Development Services Director or his/her designee. Such cash deposit may be used by the City for either traffic control or emergency work on an as needed basis as determined by the Development Services Director 7 2057 or his/her designee. Where the size, nature, and location of the project warrants, the Development Services Director or his/her designee may require an additional time completion deposit which shall be held by the City for the duration of the encroachment activity. The permittee shall forfeit to the City a portion of such deposit for each calendar day beyond the number of days specified on the encroachment permit. The daily amount to be forfeited shall be in accordance with the fee schedule adopted by Council resolution. The time completion deposit or any unused portion thereof shall be returned to the permittee within sixty (60) days after the acceptance ofthe work by the Development Services Director or his/her designee. 7300.9. BONDS AND CERTIFICATES OF DEPOSIT In lieu of the cash deposit required by the provisions of Section 7300.8, the applicant, with the approval of the Development Services Director or his/her designee, may file a surety bond issued by a company authorized to do a general surety business in the State in a form approved by the City Attorney, or a certificate of deposit in a form approved by the City Attorney, in an amount fixed by the Superintendent as sufficient to reimburse the City, in accordance with the fee schedule adopted by the City Council, for restoring the right-of-way to its original condition. Where the size and nature of the project warrants, the Development Services Director or his/her designee may require an additional deposit of One Thousand Dollars ($1,000.00) cash for traffic control or emergency work. 8 2057 7300.10. RELEASE OF DEPOSITS Any deposit required by the Development Services Director or his/her designee pursuant to the provisions of this Chapter shall be payable to the City and shall be filed or deposited with the Development Services Director or his/her designee within sixty (60) days after the satisfactory completion of all authorized work and the fulfillment of all conditions of the permit, the City shall release the deposit upon application of the permittee. 7300.11. LIABILITY FOR DAMAGES The permittee shall indenmify the City and its officers and employees for any and all damages caused to its property as a result of acts or omissions of the permittee in the performance of encroachment work. 7300.12. NONLlABILlTY OF CITY The permittee shall hold the City and its officers and employees harmless from any claims or judgments for damages or other relief against the City as a result of acts or omissions of the permittee in the performance of encroachment work, whether the condition giving rise to the claim or judgment was created in whole or in part by the permittee. 7300.13. LIABILITY INSURANCE The permittee shall maintain adequate public liability insurance, including motor vehicle insurance, to protect him from any claims for damages for personal injury, including death, and for damage to property which may arise from the encroachment work or other operations under the permit, whether such encroachment work or other operations are 9 2057 performed by himself or by any agent or by anyone directly or indirectly employed by him or his agents. Such insurance shall name the City as an additional insured and shall be issued by an approved insurance company in accordance with the injury and damage amounts set forth by resolution ofthe City Council. Certificates of insurance shall be filed with the City and shall be subject to the approval of the City Attorney. 7300.14. SUBSEQUENT OWNERS All obligations, responsibilities, and other requirements of the permittee, as set forth in this Chapter, shall be binding on subsequent owners of the encroachment. 7300.15. STANDARDS All encroachment work shall conform to standards established by the Development Services Director or his/her designee. In the absence of established standards, the specifications contained in the latest edition of the standard specifications for Public Works Construction (Greenbook) shall apply. 7300.16. PEDESTALS AND/OR PULL-BOXES Permittee shall locate their pedestal and/or pull-boxes and other equipment within existing utility easements. If no utility easements exist, then the Permittee shall negotiate with the property owner of record, ifon private property, or with the City, ifin a public right- of-way, to establish one. 10 2057 7300.17. MONUMENTS A monument set for the purpose of preserving survey points, lines, or elevation shall not be removed or disturbed without first obtaining permission from the Development Services Director or hislher designee. The replacement of a removed or disturbed monument shall be done by a registered civil engineer licensed prior to January 1981 or a licensed land surveyor and shall be at the expense of the permittee. 7300.18. PIPES AND CONDUITS Pipes or rigid conduits two and one-half (2 Yo) inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces unless otherwise authorized by the Development Services Director' or hislher designee. 7300.19. DRAINAGE If the encroachment work authorized in the permit issued pursuant to this Chapter shall interfere with the established drainage, the permittee shall provide for proper drainage in a manner approved by the Development Services Director or hislher designee. 7300.20. COMMENCEMENT OF WORK The permittee shall commence the encroachment work within sixty (60) days from the date of issuance of the permit unless a different period is stated in the permit. If the encroachment work is not commenced within sixty (60) days or within the time stated in the permit, the permit shall be void. In the event of the expiration of a permit, a new permit shall be secured before work may proceed. 11 2057 7300.21. COMMENCEMENT OF WORK--NOTICES Not less than twenty-four (24) hours before commencing any encroachment work authorized by permit, the permittee shall notify the Development Services Director or his/her designee of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work. The work shall be prosecuted with due diligence to completion, and in a manner so as not to obstruct any street or travel thereon more than is actually necessary. 7300.22. INSPECTIONS All work shall be performed subject to the inspection of the Development Services Director or his/her designee and shall comply with this Chapter, all applicable laws, the conditions of the permit, and any regulations adopted by the City. If, in the judgment of the Development Services Director or his/her designee, it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the Development Services Director or his/her designee shall assign an inspector, and the permittee shall pay the City in accordance with the fee schedule adopted by the City Council. 7300.23. COMPLETION OF WORK-RESTORATION OF RIGHTS-OF-WAY (a) Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work 12 2057 necessary to restore the right-of-way to a safe and usable condition as directed by the Development Services Director or his/her designee. Where excavations occur within areas already paved, the Development Services Director or his/her designee may require temporary paving to be installed within twenty- four (24) hours after the excavated area is backfilled. (b) Upon the refilling and temporary patching of an excavation in the manner and within the time specified in the permit, the surface torn up or damaged by such excavation shall be replaced to the reasonable satisfaction of the Development Services Director or his/her designee. (c) In the event the permittee fails to act promptly to restore the right-of-way as provided in this Section, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to the notification, the Development Services Director or his designee may, at his option, make, or cause to be made, the necessary restoration. The permittee shall reimburse the City in accordance with the fee schedule adopted by the City Council. The decision of the Development Services Director or his/her designee as to the cost of any work done or repairs made under the provisions of this Chapter shall be final and conclusive. 13 2057 7300.24. COMPLETION OF WORK--NOTICE The permittee shall complete the encroachment work authorized by the permit within the time specified in the permit. Upon completion of the work, the permittee shall give written notice of completion to the Development Services Director or his/her designee. The work shall be deemed to be incomplete until written notice of completion is given and the work is accepted by the Development Services Director or his/her designee. 7300.25. COMPLETION OF WORK--ACCEPTANCE Upon receipt of the notice of completion, the Development Services Director or his/her designee shall inspect the site of the encroachment work and ascertain whether or not the permittee has complied with all the conditions and requirements imposed in the permit and by the provisions of this Chapter. The permittee shall be advised in writing of the results of the inspection. If the Development Services Director or his/her designee determines that the permittee has not complied with all such conditions and requirements, the Development Services Director or his/her designee may require the permittee, within such time as allowed by the Development Services Director or his/her designee, to take such corrective measures as may be determined by the Development Services Director or his/her designee. If the permittee fails to correct the work, the Development Services Director or his/her designee may complete, or cause to be completed, at the expense of the permittee, whatever work is necessary to correct the work. 14 2057 7300.26. DELAYS If the encroachment work is not completed within the time specified in the permit, or if at any time the Development Services Director or hislher designee finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, the Development Services Director or hislher designee may revoke the permit and restore, or cause to be restored, the right-of-way to its original condition before the encroachment work was commenced. The permittee shall reimburse the City for the restoration work. 7300.27. FILING OF MAPS Every person owning, using, controlling, or having an interest in any pipe, conduit, duct, or tunnel under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia, or oil, or for any other purpose, shall file with the Development Services Director or hislher designee, within sixty (60) days after completion, a corrected set of maps or atlas sheets, showing the complete installation of all such pipes, conduits, ducts, or tunnels. The same shall be required showing the location in detail of such pipes, conduits, ducts, or tunnels when such are abandoned, 15 2057 7300.28. WARRANTY OF WORK The permittee shall be deemed and held to warrant all work for a period of one (I) year after completion against all defects in workmanship or materials. Whenever within said period any public improvement so warranted becomes in need of repairs, by reason of any defect in workmanship or material, the Development Services Director or hislher designee shall serve upon the permittee written notice of the necessary repairs and the time to complete such repairs. Ifthe notice is not complied with, the Development Services Director or hislher designee may repair or cause to be repaired such defects at the sole expense of the permittee. 7300.29. APPEALS (a) Any person aggrieved by the refusal to grant or by the revocation of a permit may appeal to the City Manager within thirty (30) days of such action. The appeal shall be in writing and signed by the applicant. The appeal shall have attached a copy of the application as filed with the Development Services Director or hislher designee, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the appellant relies in his appeal. (b) The City Manager shall set the matter for a hearing within fifteen (15) days after the notice is filed and shall notify the appellant and the Development Services Director or hislher designee of the time and place of the hearing. 16 2057 (c) The hearing shall be heard by the City Manager or his designee. At the hearing, the appellant shall establish to the reasonable satisfaction of the City Manager or his designee that he is entitled to the issuance of a permit pursuant to the provisions of this Chapter or to the reinstatement of a permit previously revoked. The Development Services Director or his/her designee may present his grounds for the denial or revocation of the permit. The decision of the City Manager or his designee shall be final. 7300.30. VIOLATIONS Any person who fails or refuses to comply with any provision of this Chapter or of the permit granted to him, shall be deemed guilty ofa violation of this Code. SECTION 2. That Part 5 of Chapter 2 of Article VII of the Arcadia Municipal Code is hereby repealed in its entirety (Sections 7250 through 7251). SECTION 3. If any section, subsection, sentence, clause, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council ofthe City of Arcadia hereby declares that it would have passed and adopted this Ordinance, and each and every provision thereof, irrespective of the fact that any o~e or more of said provisions may be declared invalid. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. 17 2057 Passed, approved and adopted this 19th day of November ATTEST: Cit <,,!JJ -" ~ ..;Al) APPROVED AS TO FORM: "rY) ~1 y !1Ufi- Michael H. Miller City Attorney ,1996. -/ --C d~ Mayor/of the City of Arcadia Pro tern 18 2057 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifY that the foregoing Ordinance No. 2057 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of November, 1996 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Kovacic, Young and Kuhn NOES: None ABSENT: None ~<'J~~~ Clerk of the C' of Arcadia 2057