HomeMy WebLinkAbout1988-02-09; City Council; NS-5; CMC 11.04.050-.120 delete/11.16 revise - Public ROW work regs..
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ORDINANCE NO. NS-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTERS 11.04 AND 11.16 OF THE CARLSBAD MUNICIPAL CODE BY THE DELETION OF SECTIONS 11.04.050 THROUGH
11.04.120 AND BY THE REVISION OF CHAPTER 11.16 TO ESTABLISH REGULATIONS FOR WORK IN PUBLIC RIGHTS-OF-WAY.
The City Council of the City of Carlsbad, Cal ifornia, does ord jj fol1 ows: 9 11 SECTION 1. That Title 11, Chapter 11.16 of the Carlsbad Municipal I 10 // amended to read as follows: 11
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Chapter 11.16
WORK IN PUBLIC RIGHTS-OF-WAY
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11.16.010 Title 11.16.020 Definitions 11.16.030 City Engineer's Authority and Responsibilities 11.16.040 Permits - Required 11.16.050 Permits - Application 11.16.060 Permits - Requirements of P1 ans 11.16.070 Permits - Commencement and Completion of Work 11.16.080 Permits - Performance of Work
11.16.090 Permits - Acceptance of Work
11.16.100 Permits - Denial and Revocation
11.16.110 Appeal Procedure 11.16.120 Permit Fees 11.16.130 Performance Deposits 11.16.140 Placement of Material or Obstruction on Street 11.16.150 Above Ground Encroachments 11.16.160 Exceptions 11.16.170 Relocation of Structures - Removal of Encroachment 11.16.180 Holding City Harmless 11.16.190 Exemptions 11.16.200 Violation
25 i( 11.16.210 Enforcement Authority
11.16.010 Title.
11.16.020 Definitions. The following words shall have the fol
(1) "City Engineer'' means the City Engineer of the City of Carls
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mean i ngs : 27
This chapter may be cited as the "Right-of-way Permit Code".
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(2) "Encroachment" includes any tower, pole, pole line, pipe, pip fence, billboard, stand, or building, or any structure or object of an or character not particularly mentioned in this subsection, which is in, under or over any portion of a public place.
pipeline, tube, main, service, trap, vent, vault, manhole, meter, regulator, valve, conduit, wire, tower, pole, pole 1 ine, anchor, junction box, transformer, or any other material structure or object kind of character, whether enumerated in this subsection or not wh constructed, 1 eft, pl aced or maintained in, upon, a1 ong, across, under c any publ ic place.
(4) "Plans" means the document developed and approved by thc Engineer describing the nature and extent of works proposed to be const or carried out on a publ ic pl ace. (5) "Public place" means any public street, highway, way, place, sidewalk, easement, right-of-way, park, square, plaza or other similar property owned or controlled by the City and dedicated to public use.
(6) "Specification" means "The Standard Specifications For Public Construction I' (current edition including supplements) written and prom1 by Southern California Chapter American Public Works Association and Sc Cal i forni a District Associated General Contractors or Cal i forni a Cooperative Committee and published by Building News Inc., or such specifications noted on approved plans. (7) "Standard drawings'' means the "Standard Drawings'' of the C Carl sbad, adopted and revised by the City Engineer and the most re adopted San Diego Area Regional Standard Drawings.
(3) "Facility" means any street, highway, curb, gutter, fencing,
11.16.030 Citv Enqineer's Authoritv and ResDonsibilities. This chapter shall be administered by the City Engineer who shall ha responsi bi 1 ity and authority to:
(1) Establish the form and procedures for application for right- permits required pursuant to this chapter including the certificat completed applications, the approval of plans, the establishment of collection of fees and security deposits. (2) Interpret the provisions of this chapter and advise the regarding requirements for plans, specifications and special provisio facilities or encroachments subject to the provisions of this chapter. (3) Establish format and content of plans and standards governing c1 facilities or encroachments pursuant to the provisions of this chapter.
(4) Issue permits upon such conditions as determined are reasonat necessary to protect the public health, safety and welfare.
(5) Amend any permit issued when determined that such amendm necessary to provide for the safe and efficient movement of traffic protect public places, persons or property. 11 -16.040 Permits - Reauired. No person shall do any of the fo' acts without first obtaining a valid right-of-way permit: (1) Make or cause to be made any excavation or opening, f obstruction in, over, a1 ong, on, across, or through any publ ic pl ace 1 purpose whatsoever; (2) Construct or repair or cause to be constructed or repaired an: sidewalk, gutter, curb with integral gutter, drive approach, alley apl spandrel and cross gutter, wheel chair ramp, A.C. dike, or any other \ any nature covered by City Standard Drawings or City policy; or place, ( renew an encroachment in, over, along, or across or through any street, of-way or public place excepting, however, for or in connection wi
~ install ation of poles, guys and anchors constructed for use under fr;
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for publ ic uti 1 i ty purposes where such poles, guys and anchors dl interfere with or lie within ten feet of existing improvements;
(3) P1 ace any banner over, across, on, or a1 ong any publ i c place; (4) Plant, remove, cut, cut down, injure or destroy any tree, 1 shrub or flower growing within any public place excepting necessary prun' trimming to protect persons or property;
(5) Construct or modify or cause to be constructed or modified, any drain or conveyor of drainage waters and appurtenant i tems within a 1 place; (6) Modify, a1 ter or deface any block wall on or adjacent to 1 pl aces.
(7) Engage in any traffic control operation in such a fashion affect any public place while constructing, demolishing or maintainir facil i ty.
(8) Enter onto or exit from any publ ic place at any location not ap: and constructed as a driveway. (9) Significantly increase the amount of traffic or change the t, traffic using an approved driveway in such a fashion as the City Engine determine to represent a nuisance or hazard to the public.
acts described in Section 11.16.040 shall make application for a right- permit to the City Engineer. The following information shall be included on the appl ication: (1) The location, nature and extent of work to be performed;
(2) The proposed date when said work shall be commenced; (3) The proposed date when work shall be completed; (4) Such other information as may be required by the City Engineer.
11.16.060 Permits - Requirements of Plans. If, in the opinion
11.16.050 Permits - Amlication. Any person proposing to do any
Upon permit issuance the application shall become part of the permit.
City Engineer, the work proposed to be done requires the making of pl the setting of stakes, or both, the City Engineer may require the appli to be accompanied by the necessary plans, which plans shall be prepare competent engineer licensed by the State of California, Department of Co Affairs.
11.16.070 Permits - Commencement and Completion of Work. Every per shall commence work as stipulated in the permit application and dili pursue the work to completion without interruption within the time required by the permit. Permits issued hereunder shall be valid f period of time specified in the permits, unless the City Engineer gv time extension.
11.16.080 Permits - Requirements for Performance of Work. (a) The permittee shall perform the work in a timely mann accordance with applicable plans, specifications, and City Standards; the satisfaction of the City Engineer. (b) No person shall cause any publ ic improvement or appurtenant I be performed upon any publ ic place within the City by any person other licensed contractor or a public utility. (c) Any works conducted requiring the temporary partial or full 1 of the traveled or pedestrian right-of-way shall not be commenced uni permittee has obtained a permit therefore pursuant to Title 8 or Titlc this Code and been issued a traffic control permit stipulating the dat and provisions under which closure may be carried out. (d) As the work progresses, a1 1 streets shall be thoroughly clei all rubbish, excess earth, rock and other debris resulting from suct A1 1 cleanup operations at the 1 ocation of such work shall be accompl i:
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the expense of the permittee. From time to time, as may be ordered City Engineer, and in any event immediately after completion of the wot permittee shall, at its own expense, clean up and remove all refuse and materials of any kind resulting from the work. Upon failure to do so, twenty-four hours after having been notified, the work may be done City and the cost thereof charged to the permittee. Whenever it necessary for the permittee to excavate through any landscaped area, tt shall be reestablished in a 1 i ke manner after the excavation ha: backfilled as required. All construction and maintenance work shall t in a manner designed to leave the area clean of earth an debris ant condition as nearly as possible to that which existed before such work The permittee shall not remove, even temporarily, any existing trees or without first obtaining the consent of the City Engineer. (e) All work affecting public improvements or public safety sh inspected by the City Engineer as follows:
(1) No person shall prevent or obstruct the City Engineer in maki inspection authorized by this chapter or in taking any samplc making any test. (2) Twenty-four hour notice to the City Engineer is required f inspections. (3) A1 1 work not in conformance with approved plans and specificat. subject to rejection by the City Engineer. (4) Request for final inspection shall be made in writing.
11.16.090 Permits - AcceDtance of Work. If the City Engineer, by or by inspection or by both, determines that the work has been cot according to the requirements of this chapter and the permit, he shall ' certificate of acceptance which shall contain a statement of the loc nature, and extent of the work performed under the permit.
11.16.100 Permits - Denial and Revocation. (a) The City Engineer may deny the issuance of a permit to any per: refuses or fails to comply with the provisions of this chapter, indebted to the City for past permit violations or who in the judgment City Engineer has repeatedly violated permit procedures or failed to with conditions requiring protection of the public health and safety. (b) Any permittee found in violation of the conditions of per provisions of this chapter shall be given a written notice to stipulating the code violation. Upon receipt of a notice to compl permittee shall take action to correct the condition of violation wit1 period stipulated in the notice. If within that period appropriate mi have not been implemented, the City Engineer may revoke the permit a1 any measures required to secure the work site or return the work site original condition. The cost of such work may be collected fr permittee. (c) A revoked permit may be reinstated if the permittee demonstr, the satisfaction of the City Engineer that work will be contin conformance with the permit and the provisions of this chapter.
reinstatement payment of all charges incurred by the City as a res permit revocation including a $500.00 penalty for vi ol ati on of the pro of this chapter.
(d) The City Engineer shall require as a condition of
11.16.110 ADDeal Procedure. (a) Any person aggrieved by any decision of the City Enginec respect to the issuance, revocation or refusal to issue a permit may ap the Council by filing a notice of appeal with the City Clerk within days after the date on which the City Engineer takes the action appeale
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A fee establ i shed by Resolution of the City Council shall accompal appeal. (b) The City Clerk shall thereupon fix a time and place for hearin appeal. The City Clerk shall give notice to the appellan applicant/permittee of the time and place of hearing by serving the personally or by depositing it in the United States Post Office in the postage prepaid, addressed to such persons at their last known address. (c) The Council shall have the authority to determine all que raised on such appeal. 11.16.120 Encroachment ADDlication and Permit Fees. Encroa appl ications and permit fees shall be charged by the City for the proc of an encroachment application and the issuance of a "right-of-way PE The fee shall be established by resolution of the City Council and is 1 purpose of defraying the cost of processing an appl ication, i ssuil requested permit, inspection of works completed under the permit and costs of administrating this chapter. 11.16.130 Performance DeDosits. (a) As a condition of issuance of a right-of-way permit, thc Engineer may require posting of a cash deposit or an equivalent securit form acceptable to the City Attorney. The City Engineer may require that one hundred percent of any deposit be submitted in the form of a cash dc The cash deposit may be used at the discretion of the City Engineer to F for traffic control, restoration of public facilities or removal frl right-of-way of work, materials or equipment when permittee or the permi agent fails to act in a timely manner to provide for the public health, or welfare. The deposit shall otherwise be for the purpose of guarar performance of work contemplated under the permit. Each deposit sh accompanied by a right-of-way cash security agreement stipulating the us conditions under which the funds may be expended. (b) The amount of the deposit shall be established by the City Engi (c) Upon completion and acceptance of work under permit, any funds shall be refunded to the permittee and any other bonds or security instv shall be released. (d) If, in the opinion of the City Engineer, any deposit or secur not sufficient for the protection of the public interest in the public 1 the City Engineer may require an additional deposit, or an increase security in such amount as he determines necessary. The permittee upon demand, deposit the additional cash or security. Upon failure or refusal to pay, the City Engineer may revoke the and/or recover the deficiency by appropriate action in any court of con jurisdiction. Until such deficiency is paid in full, no other permit st issued to such permittee. (e) Where work is to be done by persons or uti 1 i ti es operating II franchise issued by the City or regulated by the State Pub1 ic Uti Commission or utilities operated by governmental agencies, a permit granted without making a deposit. In such cases, the permittee sh liable for the actual cost of any work to be done by the City in restor' area covered by the permit to the satisfaction of the City Engineer. 11.16.140 Placement of Materials or Obstruction of Streets. (a) No person shall place or maintain any material or any obstruci impediment to travel in or upon any publ ic place without a permit to do (b) Persons violating provisions of this section shall be issued a of removal and given a specified time to remove such material , obstruci impediment. Any failure to comply with the notice is unlawful and a nuisance endangering the health, safety and general welfare of the publ- addition to any other remedy provided by law for the abatement of such
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aD - nuisance, the City Engineer may, after giving notice, cause the work ne to accomplish the removal. The costs thereof may be assessed agair owner or owners of the project creating the obstruction. (c) Not ice of Removal shall be in writing and mai 1 ed to a1 1 person names appear on the last equalized assessment roll as owners of real p creating the obstruction at the address shown on the assessment roll. sha77 also be sent to any person known to the City Engineer to be resp
for the nuisance. The City Engineer shall a1 so cause at least one such notice to be posted in a conspicuous place on the premise: assessment shall be held invalid for failure to post or mail or co address any notice. The notice shall particularly specify the work r to be done and shall state that if the work is not commenced within four hours after receipt of such notice and diligently prosecuted ( interruption) to completion, the City shall cause such work to be dl which case the cost and expense of such work, including incidental e incurred by the City, will be assessed against the property or again separate lot and become a 1 ien upon such property. (d) If upon the expiration of the twenty-four hour period provided subsection c, the work has not been done, or having commenced, is no performed with diligence, the City Engineer shall proceed to do such cause such work to be done. Upon completion of such work, the City E shall file a written report with the City Council setting forth the fa the work has been completed and the cost thereof, together with ( description of the property against which cost is to be assessed. T Council shall thereupon fix a time and place for hearing protest agai assessment of the cost of such work. The City Engineer or the City C1 so directed by the Council, shall thereafter give notice in,writing owners of the project in the manner provided in subsection (c) of the h place that the City Council will pass upon the City Engineer's report a hear protests against the assessments. Such notice shall a1 so set fo amount of the proposed assessment. (e) Upon the date and hour set for the hearing of protests, t Council shall hear and consider the City Engineer's report and a1 1 pr if there are any, and then proceed to confirm, modify or rejc assessments. (f) A list of assessments as finally confirmed by the City Counci be sent to the City Treasurer for collection. If any assessment is n within ten days after its confirmation by the City Council, the Cit shall cause to be filed in the Office of the County Recorder of the Cc San Diego a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Chapter 11.14, Title 11, of the Carlsbad Munici
. Code (Ordinance No. ), the City of Carlsbad did on the - day of , 19 , cause maintenance and report work tc done in the public right-of-way for the purpose of abating a put nuisance caused by activities related to construction at the prop€ described below. The Council of the City of Carlsbad did on the - day of 7 19., by its Resolution No: assess cost or portion of the cost thereof upon the real property hereinal described, and the same has not been paid nor any part thereof , the City of Carlsbad does hereby claim a 1 ien upon said real prop( until the same sum with interest thereon at the maximum rate a1 1( by 1 aw from the date of the recordation of this instrument has t paid in full and discharged of record. The real property hereinbei
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1 mentioned and upon which a lien is hereby claimed is that certa
California, particularly described as follows: 2 parcel of 1 and in the City of Carl sbad, County of San Di ego, State
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5 City Clerk, City of Carlsbad
6 (h) From and after the date of recordation of such notice of 1 iel amount of the unpaid assessment shall be a lien on the property against
7 the assessment is made, and such assessment shall bear interest at the m rate allowed by law until paid in full. The lien shall continue unt
8 amount of the assessment and all interest thereon has been paid. Thc shall be subordinate to tax liens and all fixed special assessment
g previously imposed upon the same property, but shall have priority ov
11.16.170 Relocation of Structures - Removal of Encroachment. Th 18
Code, latest edition, and the City Sign Ordinance. in conformance with the requirements and regulations of the Uniform BL 17
marquees, awnings and building mounted signs. All such installations st The City Engineer may grant conditional permission for the encroachn 16
provisions of Section 11.16.150. supported by a private building, in a commercial zone are excepted fr 15
junction boxes, marquees, awnings, and building mounted signs comr 11.16.160 ExceDtions. Public utility poles, guys transformel 14
the City. and maintain encroachments above ground level in public rights-of-way 13
City, the City Council may grant conditional permission to builders to i when it is determined that it will not be detrimental to the interests 12
11.16.150 Above Ground Encroachments. Upon application therefo contents thereof. 11
such notice of lien, all persons shall be deemed to have notice (
be created against the property. From and after the date of recordat 10
contractual 1 iens and a1 1 fixed special assessment 1 iens which may ther
Engineer may require any person who, pursuant to a duly issued permit
19 this chapter, has performed construction work or placed and maintain
I encroachment, to move the same at his own cost and expense to such di 1
20 location as is specified in a written demand of the City Engineer, w' such move is necessary to ensure the safety and convenience of the pub1
21 require the appl ication to contain a signed real property 1 i en agreer the applicant to this effect. The City Engineer shall specify in the d
22 reasonable time within which the work of relocation must be commenced, permittee must commence such relocation within the time specified
23 demand and thereafter diligently prosecute the same to completion.
11.16.180 Holdinq City Harmless, Insurance. The applicant for a
24 as a condition to receiving a permit, shall sign a statement that he ag indemnify and hold harmless the City, and each officer and employee t
25 from any 1 iabil i ty or responsi bil ity for death or injury to persons a1 or damage to property happening or occurring as a result of the de!
26 performance of any work undertaken under any permit granted pursuant appl ication. The appl icant shall be required to provide proof of 1 i
27 insurance in the amount of at least $ l,OOO,OOO and shall name the Cit, additional insured under the insurance policy. The insurance sh
28 provided by a company satisfactory to the City. Any deductible OY insured retention under the insurance policy shall be in an amount acc to the City.
(Descri pt i on of property)
Dated this day of 9 19-.
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11.16.190 ExemDtions. The City and its employees, acting in official capacity, are exempt from the requirements set forth in this ch 11.16.200 Violation. Every person is guilty of a misdemeano violates any provision of this chapter, or who fails or neglects to with any requirements of this chapter. 11.160.210 Enforcement Authority. Pursuant to the provisiol California Penal Code Section 836.5, the City Engineer or specific emp within the department deputized by him, may arrest a person without a w whenever the City Engineer or said authorized employee has reasonable ca believe that the person arrested has committed a misdemeanor which violation of this Title which he or she has the duty to enforce. An o or employee making an arrest under the authority of this section shall the citation-release procedures specified in California Penal Code S
853.6, or any successor statute hereinafter enacted. No officer or em shall be authorized to carry a firearm pursuant to this authority. Na or deputy shall exercise the power to issue citations authorized b, section unless such employee shall first have completed a course of tr that meets the minimum standards prescribed by the Commission on Peace ( Standards and Training as established by California Penal Code Section E
SECTION 2. That Title 11, Chapter 11.04 of the Carlsbad Municipal (
amended by the deletion of Sections 11.04.05 through 11.04.120.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) day?
its adoption, and the City Clerk shall certify to the adoption o
ordinance and cause it to be pub1 ished at least once in the Carlsbad i
within fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsba
Council held on the 2nd day of February , 1988, and thereafter,
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbai
2 11 Council held on the 9th day of February , 1988, by the following
3/( to wit:
4 11 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
5 (( NOES: None
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ABSENT: None
ATTEST:
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:iC:rAUDE A. LEWIS, M-ayor
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(SEAL)
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