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Ordinance Number 136121 ORDINANCE NO. 136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REQUIRING PERMITS FOR THE EXCAVATIONS, FILLING AND OBSTRUCTION OF PUBLIC HIGHWAYS, PRESCRIBING THE PROCEDURE FOR APPLICATION AND ISSUANCE OF PERMITS, IMPOSING PENALTIES FOR VIOLATIONS, AND PRO- VIDING FOR THE URGENCY THEREOF The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 1: Definitions The following terms as used in this ordinance shall, unless the context clearly indicates otherwise, have the rgspective meanings herein set forth: CITY nikiah@ the City of San Juan Capistrano, County of Orange, State of California; HIGHWAY means any public highway, public street, public way or public place, in the incorporated territory of the City which has been acquired by the City by purchase, dedication or condem- nation proceedings, or otherwise; PERSON includes any individual, firm, co -partnership, joint adventure, association, corporation, estate, trust, business trust, this State and County including any county, and all departments and bureaus of the counties, municipalities, districts or other politi- cal subdivisions thereof, or any other group or combination acting as a unit; PUBLIC AGENCY means andincludes the United States or any department or agency thereof, the State of California or any depart- ment or agency thereof, county, municipal corporation or public district; DEPARTMENT OF PUBLIC WORKS means Department, its Director of Public Works, City Engineer, or any person employed in the Department of Public Works having authority over the streets and highways within the City. SECTION 2: Excavations, fills, obstructions upon or injury to highway 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 any excavation, or constructs, places upon, maintains, or leaves any material or any obstruction or impediment to travel in or upon a highway, or installs or maintains 1"2'•2 or causes to be installed or maintained any tank, pipes, conduits, duct, tunnel, or any other installation of any nature across, upon, in or under any highway unless he shall have first obtained a permit so to do shall be guilty of a misdemeanor. SECTION 3: Application prior to work commencement Applications for permits hereunder shall be filed not less than forty-eight (48) hours before the work is proposed to be done, unless waived by the Department. SECTION 4: Permit application Applications for permits required by this ordinance shall be filed with the Department office upon printed forms to be prescribed and supplied by it. The application shall be signed by the appli- cant and shall state: (a) The name and address of the applicant; (b) The location, purpose, extent and nature of the proposed excavation, fill or obstruction; The time during which it is estimated that the excava- tion, fill or obstruction will exist; That the applicant agrees to indemnify, defend and save the City, its authorized agents, officers, representa- tives and employees harmless from and against any and all penalties, liabilities or annoyances or loss result- ing from claims or court action and arising out of any (c) (d) (e) accident, loss or damage to persons or property happen- ing or occuring as approximate result'df any work under - taken under the permit granted pursuant to the application; That the applicant agrees that ifanytank, pipe, con- duitt duct, tunnel or otherinstallationof arty 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, improve- ment, widening or change of grade of the highway, the applicant or his successors or assigns, within ten (10) days after the receipt of a written notice from the Department 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 Depart- ment, relocate them to a site which may be designated .1'23 by the department. (f) Any additional information which the Department may deem necessary for the proper disposition of the application. SECTION 5: Plat must be filed The application shall be accompanied by a plat or engineer- ing plans showing the location, dimension, nature of the proposed excavation, obstruction, or fill, and any other detail which the Department may require. SECTION 6: Proof of right to use highway a If the applicant is other than the owner of the underlying fee, each such applicant for a permit shall submit to the Depart - meet satisfactory proof of the applicant's right to use the high- way for the purposes set forth in the application. SECTION 7: Application may be modified The Department may require such changes in the application respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in its opinion may 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: ,Department may elect to do resurfacing The Department shall require the„applicant to do the resur- facing of streets at his cast. However, either at the time of the issuance of the permit or at any time thereafter, the Department may elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pur- suant to a permit hereunder and the applicant shall pay for the expenses,thereof. _ SECTION 9: Issuance fee Each application for a permit shall be accompanied by an issu- ance fee of two dollars ($2.00), no part of which shall be returned to the applicant regardless of the action taken on the application. SECTION 10: Special Deposit of Reconstruction Costs; furnishing of surety bond, and Special Deposit for Inspection (a) Unless the Department shall have authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be removed in part or damaged by the 1'2 4 proposed excavation, fill, or obstruction, each appli- cant shall, in addition to the issuance fee, deposit with the Department the estimated cost of resurfacing or re- pairing the surface of the highway which may be damaged or destroyed. The special deposit required herein shall in no event be less than Thirty Dollars ($30.00). The estimated cost shall be determined by the Department by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of Forty Cents (40fi) per square foot of surfacing. The City Council may from time to time change and revise the method of determining the estimated cost. The minimum cost of restoration or repair shall be presumed to be not less than Thirty Dollars ($30.00). (b) In cases where the applicant is granted authority or required to make the repairs required under this Ordi- nance, the Department shall, in order to insure the completion of said repairs in a satisfactory manner, require the applicant to furnish a.surety bond in a form approved by the City Attorney. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of performing the work authorized or required; provided, however, that - the minimum amount of said bond shall not be less than One Thousand Dollars ($1,000.00), nor the minimum period less than one (1) year. The condition of said bond shall be that the applicant will perform the,work author- ized or required by any permit issued pursuant to this ordinance in a good and workmanlike manner and to the satisfaction of the Department. (c) In all cases, the applicant shall deposit an amount equal to the estimated cost of inspection fees. Any requested or scheduled inspections where the applicant is not ready for the inspection will be charged as if fully made (d) Whenever a deposit is called for or required under this ordinance, it shall be in cash in advance; except that the applicant may, in lieu of such cash deposit, estabish .125 a withdrawal certificate in favor of the City of San Juan Capistrano in a form satisfactory to the City Attorney. SECTION 11: Cost computation where not provided 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 pro- portional part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead, not to exceed fifteen per cent (15%) of the total cost. d SECTION 12: Exemption of public agencies and public utilities If the United States, this State, this or any other county, any municipal corporation, school district or other public body files with the Department 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 California. Public utilities operating under tariffs filed with the State of California - Public Utilities Commission shall be exampt from posting a deposit for costs provided a written guarantee of payment is filed with the City. SECTION 13: Issuance of permit If the applicant for a permit hereunder complies in all respects with this Ordinance and with all other applicable laws, rules, regu- lations or ordinances of the City or of any other public agency and pays the fees and deposits required by this Ordinance, the Department shall approve the application and issue the permit. SECTION 14: Conditions of permit The permit shall be subject to the following conditions which 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 of San Juan Capistrano or any law enforcement officer. (b) The permit shall authorize work to be performed only as to such portion of the highway over which -the City of San 126 Juan Capistrano has jurisdiction. (c) All work -shall -be'performed in accordance with the pro- visions of this Ordinance and of all applicable laws, rules and regulations'ofthe City, and any other public agency and to'the'satisfaction of the Director of Public works. r .. (d) The permit shall be non -transferable. (e) The Director of Public Works may cancel the permit in the event the work authorized therein is not commenced within the deadline set forth in the permit and thereafter, in the opinion of the Director of Public Works, is not diligently prosecuted to completion. 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." (f) The Department'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 it may deem reasonably necessary for the protection of the highway'or for the'prevention of undue interference with traffic'or'to assure the safety of persons using the highway SECTION 15: Compliance with terms of permit A permittee shall not make or cause to be made any excavation, or construct,' place upon maintain,'or leave any obstruction or impediment to travel, or pile or place any 'material in 'or upon any street', or install or maintain or cause to be installed or maintained any tank, pipe Conduit, duct, or -tunnel in, upon, or'under the sur- face of any street, at any location orin anymannerother than that described in the application as approved by the Department, or con- trary to the terms of the permit or of any provision of this Ordinance. SECTION 16: Restoration of Street Immediately upon completion of the work necessitating the exca- vation or obstruction authorized'by any permit issued pursuant to this'ordinance,-the permittee 'shall promptly and in a workmanlike manner refill the 0ccavation or remove the obstruction to the satis- faction of the Department. 1'7 In the event that temporary pavement restoration is required by the Department or by the terms of the permit, applicant shall install such temporary pavement to the satisfaction of the Department. If any permittee fails or refuses to refill any excavation which he has made or to remove any obstruction which he has placed on any street, the Department may do so and the applicant shall promptly reimburse the City the cost thereof. Failure to reimburse the City promptly shall make the applicant liable on his surety bond. SECTION 17: Resurfacing and specifications therefor (a) Resurfacing after refilling and compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in Section 22 and the removal of the obstruction, the per- mittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the street surface removed or damaged by the excavation, obstruction or construction operations as specified elsewhere, to the satisfaction of the Department. (b) -Permanent repaving. Where the pavement or surface has been removed, the per- mittee shall replace it in accordance with the standard specifications. (c) Tunneling or boring. Excavation of pavement or surfacing on an arterial high- way (as shown on the Master Plan of Highways) and deter- mined by the Director of Public Works as having permanent paving will be permitted only when physical conditions mskr 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 lines, all voids between the casing and conduit shall be filled with grout or sand. (d) Replacing entire driving lane. If the surfacing or pavement within the driving lanes of an arterial highway (as shown on the Master Plan of Highways) and determined by the Director of Public Works, as having been improved with permanent paving is removed 12E or damaged by parallel construction 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 re- placement shall in no case be less than 100' in length. All materials and construction operations shall con- form to the applicable provisions of the Standard Speci- fications. SECTION 18: Cost of resurfacing. If, after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the Department has elected to do such resurfacing or repairing, the Department shall do so and the permittee shall be charged with the cost thereof computed by the Department as provided in Section 10 or Section 11 of this Ordinance, whichever in the judgment of the Department will most fairly compen- sate the City for the expenses incurred by it. SECTION 19: Cost of further repairs. 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 street, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such exca- vation or obstruction, the permittee shall pay to the City the cost of such additional repairs made by the Department. The cost shall be computed by the Department as provided in Section 10 or Section 11 of this Ordinance, whichever in the judgment of the Department will most fairly compensate the City for the expenses incurred by it. n SECTION 20: Traffic to be kept open. (a) Trenching for installation across any intersecting road- way open to traffic shall be progressive. Not more than one-half (z) of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling. (b) More than one-half (') of the width of a traveled way shall be disturbed at one time only upon the prior author- ization by Minute Order of the City Council. (c) Warning signs, lights, and divices required for closed highway or during construction. i29 While any such City street, or portion thereof is so closed, or while such City street or portion thereof is in the process of construction or repair or mainten- ance- Department, its employees, or the contractor under authority of such Department may erect, or cause to be erected, suitable barriers or obstructions thereon, may post or cause to be posted, conspicuous notices to the effect that such City street or portion thereof, is closed or directing the traffic, and may place, or cause to be placed, warning lights, or devicesdon such road or highway or portion thereof. All warning signs, lights and devices shall conform to the State of California, Division of Highways Uniform Sign Chart and the County of Orange Road Department Manual of Warning Signs, Lights and Devices. (d) Violation; damage to barrier, notices, warning signs. When such City street or portion thereof is closed to the public or is in process of construction, repair or maintenance, as provided herein, any person who wilfilly breaks down, removes, injures, or destroys any such barrier or obstruction or tears down, removes or destroys any such warning lights or devices so erected, posted or placed by such Department, its employees or contractor, or wilfully enters upon or drives any vehicle on or over said street or highway, or portion thereof when in the process of construction, repair or maintenance, without first obtaining a permit so to do from the Department, i� or authorized contractor, shall be guilty of a misdemeanor. SECTION 21: Location of pipes and conduits. All pipes and conduits laid parallel to the roadway shall be placed at least five (5) feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the Department. The shallowest portion of any pipe line or other facility shall be installed not less than thirty (30) inches below the roadway surface. SECTION 22: Work regulations. (a) General compaction requirements: All backfill replaced in excavations within the road right 1.30 of way shall be compacted in accordance with applicable specifications of the City. (b) 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 inlets and outlet ends of all culverts shall be left free and clear. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Department. (c) The contractor shall provide adequate dust control and clean up mud, debris, and other objectional material at the job site as required by the Department. SECTION 23: Deductions from deposit; payment of balance to permittee. The City shall deduct'from`n`y deposit made or maintained by the permittee: (a) Issuance fee':' ' The pjrmt:issu§ne.e fee if it has not otherwise been paid. (b) Refilling grid"obstruction removal costs. Thetcost to the City of refilling any excavation or removing any obstruction. (c) Resurfacing and repair costs. The cost to the City of resurfacing or repairing the street calculated pursuant to the provisions of Section 10 or Section 11 of this Ordinance. (d) Additional repair costs. The cost to the City of any additional repairs as provided in Section 19 of this ordinance. (e) Inspection costs. 1.31 The cost of any inspection by the Department made neces- sary for the compliance by the permittee with any pro- vision of this Ordinance or the terms or conditions of the permit. (f) Refunds. After making the deductions specified above, the City shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit �i shall be retained by the Department and applied to the 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 there- in shall be refunded in the same manner as provided by law for the repayment of trust moneys. SECTION 24: Permittee to pay deficiency. If any deposit is insufficient to pay,all fees and costs herein provided, the permittee shall, upDn demand, pay` to the City an amount equal to the deficiency. SECTION 25: Additional Cost Deposit. If, at any time during the life of the permit, an additional deposit is, in the opinion of the Department, necessary to meet any of the requirements for which a deposit is established by the terms of this Ordinance, the Department shall advise the permittee in writing. If permittee fails to make such deposit within two working days all work under the permit shall cease until the deposit is made. SECTION 26: Emergency permits. Nothing in this Ordinance prohibits any person from making such excavation as may be necessary for the preservation of life or property which such necessity arises during such hours as the offices of the City are closed, if the person making such excavation obtains ,. a permit therefore within one day after the offices of the Department are first opened subsequent to the making of such excavation. SECTION 27: Urgency. This Ordinance is for the immediate preservation of the public peace, health or safety and the following is the basis for declaring 132 ,the same to be an urgency: Heretofore the County of Orange under contract to the City of San Juan Capistrano did handle for and on behalf of the City all of the matters covered herein. The City is currently terminating such contract with the County of Orange and the immediate enactment of this Ordinance is necessary to establish standards, rules and regu- lations and fee schedules for the official pperation of the program contained herein by the City of San Juan Capistrano. SECTION 28: Violation. Any person who violates any provision of this Article or of any permit hereunder is guilty of a misdemeanor. SECTION 29: Repeal. Ordinance No. 12 of the City of San Juan Capistrano is hereby repealed. PASSED, APPROVED and ADOPTED this 8th day of July, 1968. mayor or t e City o San Juan Capistrano ATTESOf it er t of the City4bt San Juan Capistrano STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the attached and foregoing ordinance was duly and regularly adopted by said City Council at a rrgular meeting thereof held on the 8th day of July, 1968 and passed by the following vote, to wit: AYES: COUNCILMEN: BATHGATE, OLIVARES and CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: DURNFORD and-FORSTER City uierK