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Ordinance Number 137133 ORDINANCE NO. 137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REGULATING ISSUANCE OF PERMITS FOR THE LAYING, CONSTRUCTION, RECON - CONSTRUCTING AND REPAIRING OF CURBS, GUTTERS, DRIVEWAYS, ROADWAY SURFACES, STORM DRAINS, CULVERTS, PUBLIC IMPROVEMENTS OR OTHER APPURTEN- ANT HIGHWAY STRUCTURES IN PUBLIC STREETS, WAYS OR PLACES; REPEALING ORDINANCE NO. 11; PROVIDING FOR PENALTIES AND DECLARING THE URGENCY THEREOF The City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1. City Streets Defined. All public streets and highways within the City of San Juan Capistrano, County of Orange, State of California, w4ich have been acquired by the City either by purchase, dedication, or condemnation proceedings, are hereby declared to be City Streets; and all streets and highways that shall hereafter be acquired by either purchase, dedication, condemnation proceedings shall be and remain City streets. SECTION 2. Adoption of Plans and Specifications. The printed documents entitled "Standard Specifications of the State of California, Department of Public Works, Division of Highways, dated July, 1964", and the "Standard Street and Highway Plans of the County of Orange dated 1961, revised 196511, save and except such por- tions as are hereinafter deleted, modified or amended, of which codes or documents not less than three copies have been and now are filed in the office of the City Clerk for examination, are hereby adopted as the standard specifications and plans of the City of San Juan Capistrano for the construction, improvement and repair of City streets and highways. SECTION 3. Terms defined. Whenever in the said Standard Specifications of the State of California, the following terms are used, it is hereby provided that the following City departments or persons shall be intended: DIRECTOR OF PUBLIC WORKS or DIRECTOR shall mean City Director of Public Works or City Engineer; DEPARTMENT OF PUBLIC WORKS or DEPARTMENT shall mean City Depart- ment of Public Works; DIVISION OF HIGHWAYS or DIVISION shall mean City Department of Public Works or City Engineer; STATE HIGHWAY ENGINEER or ENGINEER shall mean Director of Public Works or City Engineer; 134 STATE OF CALIFORNIA or STATE shall mean City of San Juan Capistrano wherever appropriate; BRIDGE ENGINEER shall mean Director of Public Works or City Engineer; DISTRICT ENGINEER OF DIVISION OF HIGHWAYS shall mean Director of Public Works or City Engineer; ATTORNEY GENERAL shall mean City Attorney; MATERIALS AND RESEARCH DEPARTMENT or LABORATORY OF THE DIVISION OF HIGHWAYS shall mean Materials and Testing Laboratory of the Road Department of the County of Orange, as provided by service contract, or other agency as employed under contract by the City of San Juan Capistrano. SECTION 4. Deviation from plans. In any case where strict adherence to the Standard Street and Highway Plans would be impractical or unreasonable the Department of Public Works or City Engineer may, with the approval of the City Council, grant such deviation therefrom as will in accord with good engineer- ing practices, and the public health and safety conform to a plan that will under the circumstances in such case be practical and reasonable. SECTION 5. Definitions. The following terms as used in this Ordinance shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: CITY means the City of San Juan Capistrano; 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, condemnation proceedings, or otherwise. PERSON incoudes any individual, firm, co -partnership; joint adventure, association, corporation, estate, trust, business trust, this State, any county, including this County, and all departments and bureaus thereof, excepting the Road Department of this County, municipality, district, or:other political subdivisions thereof, or any other group or combination acting as a unit; PUBLIC AGENCY means and includes the United States or any depart- ment or agency thereof, the State of California, or any department or agency thereof, county, municipal corporation or public district; Department of Public Works. SECTION 6. Permit required. 135 It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, or storm drain or culvert in, over, along, across or through any high- way or any other public improvement, without first obtaining a permit therefor from the Department as herein provided. SECTION 7. Fee. Except as otherwise provided in this Ordinance, each application for permit hereunder shall be accompanied by an issuance fee of Two Dollars ($2.00). The issuance fee is required for the purpose of defraying the cost of processing the application for a permit and no part of the fee shall be returned irrespective of tht dispostion made of the application. SECTION S. Public agencies may guarantee costs; no permit fee. If the United States, this State, any country, this or other, any municipal corporation, school district or other public agency files with the Department a written guarantee of payment of all costs for which it may become liable to the City hereunder then 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 6103 of the Government Code of the State of California. SECTION 9. Holding City harmless. On each application the applicant shall sign a statement that he agrees to preserve and save harmless the City, and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pur- suant to the application. SECTION 10. Application. An applicant for a permit shall state in his application: (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 Department may require. SECTION 11. Department may require changes. The Department may require such changes in the application res- pecting the location, dimensions, method or manner of construction, installation or repair -as may reasonably be necessary--for--the protection 11c), of.the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway. SECTION 12. Engineering and inspection fees. An applicant for a permit to construct any work, in addition to the issuance fee, shall pay or make a deposit for engineering and inspection fees in an amount established from time to time by reso- lution of the City Council. SECTION 13. Refunds. (a) Permit effective. A refund of engineering and inspection fees shall not be made to any applicant unless: (1) The inspection and/or engineering fee was erroneously collected, in which case the entire amount shall be returned, or (2) The Department shall deduct from the deposit the actual cost to the City of the required engineering and inspection plus the cost of overhead, not to exceed fifteen per cent (15%) of the total cost. If such cost, including overhead, is less htan the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys. Nothing in this para- graph shall be construed as authorizing the repayment of any issuance fee. (b) Permit cancellation When a permit has been cancelled by the Department the per- mittee may obtain a refund of any unused fee paid or deposited. No part of any issunce fee may be refunded. SECTION 14. 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 City an amount equal to the deficiency. If, at any time during the life of the permit, anadditional 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 the permittee fails to make such deposit within two working days all work under the permit shall cease until the deposit is made. 137 SECTION 15. Plans may be required. If in the opinion of the Department the work proposed to be done requires the making of plans or the setting of stakes, or both, the Department may require the application to be accompanied by the necessary plans, which plansshall be prepared by a Registered Engineer. SECTION 16. Issuance of Permit. If the applicant complies with every provision of this Ordinance and with all applicable provisions of all other ordinances and statutes, the Department shall issue to the applicant a written permit to per- form the work set forth in the application. d SECTION 17. Time within which to commence work. Every permittee shall commence the proposed work within the dead- line set forth in the permit and thereafter prosecute the work to coms` pletion in a diligent and workmanlike manner. SECTION 18. Permit cancellation. The Director of Public Works may cancel the permit unless the work authorized therein is commenced within the deadline set forth in the permit and.thereafter, if, in the opinion of the Director, the work 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. SECTION 19. Relocation of plants and structures. If so required by the Department, the permittee shall make proper arrangements for, and bear the cost of relocating any structure, public utility, tree, or shrub, where such relocation is made necessary by the.proposed work for which a permit is issued. The Department may elect to do the necessary relocation, in whicheventthe permittee shall deposit with the City a sum of money estimated by the Director of Public Works to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to, or a deficiency shall be paid by thepermitteeas provided in Sections 13 and 14 of this Ordinance. SECTION 20. Lines, grades, types of material specified. Before a permittee performs any work covered by this Ordinance, he shall obtain from the Department the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the Department may specify in any permit issued therefor the size, the type of material, and the grade of the culvert. 43E SECTION 21. City Standards for work. 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 supervision of the Department. In addition, all work to be performed in, upon, or across highways shall be in accordance with and conform to the City standards as herein- before provided. The Department may waive inspectionif hee-believes such inspect- ion is not necessary for the best interests of the City. SECTION 22. Setting additional stakes. If any stakes set for any work covered by this Ordinance are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the Department to be sufficient to pay the cost of setting such additional stakes. The Department shall set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by the permittee as provided in Sections 13 and 14. SECTION 23. Notice prior to commencement of work. Not less than forty-eight (48) hours before the commencement of any work covered by this ordinance the permittee shall contact the Department for an inspector.therefor. In such application he shall specify the dap and,hour when, the location at which; the work will be commenced. SECTION 24. Safety and warning devices required. (a) A permittee shall place and maintain adequate.warning signs, lights, and devices conforming to the State of California Divis- ion of Highways Uniform Sign Chart and the Orange County Road Department Manual of Warning Signs, Lights, and Devices, through- out the length of the work and at each end of the project until the work is completed to the satisfaction of the Department. The permittee shall take such other precautions as may be neces- sary for the protection of the traveling public. The Department may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the Department to so specify the signs, devices or measures shall not relieve the prmittee of his obligation hereunder. (b) Violation; damage to barrier, notices, warning signs. 13`9 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 willfully breaks down, removes, injures, or destroys any such barrier or obstruction or tears down, removes or destroys any such barrier or obstruction or tears down, removes or destroys any such notices, or extinguishes, removes, injures 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 portionthereof when in the process of construction, repair or maintenance, 6without first obtaining a permit so to do from the Department or authorized contractor, shall be guilty of a misdemeanor. SECTION 25. Certificate of acceptance. If the Department by survey or by inspection or by, both,,ascert- ains that the work has.been completed according to the requirements of the permit issued therefor, and all of the provisions of this ordinance, it shall _issue, if,requested so to do.by the permittee, a certificate of. acceptance which shall contain a. statement of the... location, nature and extent of the work performed under the permit.. SECTION 26.. Removal of material and debris. i A permittee shall remove all material and debris: (a) Where new work is covered with earth, in accordance with the.tems .of the specifications attached to the permit; (b) -.'In allother 'cases within three days. SECTION 27. Violation. Every person who performs any work covered by this Article in any amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor. SECTION 28. Urgency This ordinance is for the immediate preservation of the public peace, health or safety and the following is the basis for declaring 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 regulations 1.40 and fee schedules for the official operation of the program contained herein by the City of San Juan Capistrano. SECTION 29. Repeal. Ordinance No. 11 of the City of San Juan Capistrano is hereby repealed. PASSED, APPROVED and ADOPTED this 22nd day of July, 1968. 49���ak Mayor o the ityo- San Juan Capistrano ATTES �/ City -Clerk ot the uItypt 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 regular meeting thereof held on the 22nd day of July, 1968, and passed bythefollowing vote; to wit: AYES: COUNCILMEN: DURNFORD, BATHGATE, FORSTER, OLIVARES and CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE e