HomeMy WebLinkAbout1996-12-03; City Council; NS-386; CMC 11.16 repeal/reenact - Public right-of-way (ROW) work...1
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ORDINANCE NO. NS-386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING AND RE-ENACTING EXISTING CHAPTER I 11.16 OF THE CARLSBAD MUNICIPAL CODE. 1 WHEREAS, the City Council of the City of Carlsbad has adopted its 1996 goals
includes a goal for the Community Development Department to maintain safe City standa
improving the overall quality of field inspection, project processing, and front counter oper;
and,
WHEREAS, one of the objectives associated with maintaining safe City standards
revision of the Right-of-way Ordinance; and,
WHEREAS, City staff completed a comprehensive review of Chapter 11.16, W
Public Rights-of-way, of the Carlsbad Municipal Code; and,
WHEREAS, upon completion of the review of the Right-of-way Ordinance, Ci?
prepared a revision to the Right-of-way Ordinance consistent with the goals of the City CI
and,
WHEREAS, City Council has reviewed the revised Right-of-way Ordinancc
determined that it meets City Council goals; and,
WHEREAS, the revised Right-of-way Ordinance is not considered a project and
subject to review per Sections 15378(b) and 15061(b)(3) of the California Environmental (
Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, does ordain as follows:
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SECTION I: That Chapter 1 I .16, Work in Public Rights-of-way, of the C:
Municipal Code is hereby repealed.
SECTION 11: That Title 11 is amended by the addition of a new chapter 11 .I6 F
for Work or Encroachments in Public Places, to read as follows:
Chapter 11 .I 6 The following words shall ha\,
following meanings as set out
PERMITS FOR WORK OR chapter:
ENCROACHMENTS IN PUBLIC PLACES A. "City Engineer" means thc
Sections: designated representative.
Engineer of the city of Carlsbad
11 .I 6.01 0 Title. B. "Encroachment" means and it
11 .I 6.020 Definitions. any tower, pole, pole line, pipe, p
11 .I 6.030 City Engineer's authority fence, billboard, stand or building,
and structure or object of any kind or ch
responsibilities. not particularly mentioned in
11 .I 6.040 Redevelopment Director's subsection, which is placed in, ur
authority and over any portion of a Public Place.
responsibilities. C. "Facility" means any street, hi
11.16.050 Permits--Required. curb, gutter, fencing, pipe, pipeline
11.16.060 Permits--Application. main, service, trap, vent, vault, m
11 .I 6.070 Relocation of structures-- meter, gauge, regulator, valve, (
Removal of Encroachment. wire, tower, pole, pole line, anchor,
11 .I 6.080 Permits--Commencement junction box, transformer or any
and completion of work. material structure or object of any
11 .I 6.090 Permits--Requirements for character, whether enumerated
performance of work. subsection or not which is construct(
11 .I 6.1 00 Permits-Acceptance of placed or maintained in, upon,
work. across, under or over any Public Plac
11 .I 6.1 10 Permits-Denial and D. "Plans" means the do
revocation. developed and approved by th
11 .I 6.1 20 Appeal procedure. Engineer describing the nature and
11.16.130 Right-of-way permit fees. of works proposed to be construt
11 .I 6.140 Performance deposits. carried out on a Public Place.
11 .I 6.1 50 Placement of materials or E. "Public Place" means any
obstruction of streets. street, highway, way, place, alley, si
11.16.160 Holding city harmless- easement, right-of-way, park, squarc
Insurance. or other similar public property ov
11.16.170 Exemptions. controlled by the city and dedic'
F. "Redevelopment Director" me
1 I .I 6.01 0 Title. Redevelopment Director of the
The ordinance codified i.n this chapter Carlsbad or his designated represen
may be cited as the "Right-of-Way Permit G. "Specification" means the S
Ordinance." Specifications for Public
Construction (current edition il
supplements) written and promulg,
11 .I 6.020 Definitions. Southern California Chapter A
public use.
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Public Works Association and Southern
California District Associated General
Contractors or California Joint Cooperative
Committee and published by Building News
Incorporated, or such other Specifications
noted on approved Plans.
H. "Standard Drawings" means the
"Standard Drawings" of the City of
Carlsbad, adopted and revised by the City
Engineer and the most recently adopted
San Diego Area Regional Standard
Drawings.)
11 .I 6.030 City Engineer's authority
This chapter shall be administered by the
City Engineer who shall have the
responsibility and authority to:
A. Establish the form and procedures for
application for right-of-way permits required
pursuant to this chapter including the
certification of completed applications, the
approval of Plans, the establishment of files,
collection of fees and security deposits;
B. Interpret the provisions of this chapter
and advise the public regarding
requirements for Plans, Specifications and
special provisions for facilities or
Encroachments subject to the provisions of
this chapter;
C. Establish format and content of Plans
and standards governing work on facilities
or Encroachments pursuant to the
provisions of this chapter;
D. Issue right-of-way permits upon such
conditions as determined are reasonable
and necessary to protect the public health,
safety and welfare;
E. Consider and approve amendments,
including extensions, of any Right-of-way
Permit issued when such amendment is
necessary to provide for the safe and
efficient movement of traffic or to protect
F. The City Engineer shall, subject to
the authority of the Community
Development Director pursuant to section
1.08.020, administer and enforce the
provisions of this chapter.
and responsibilities.
1 Public Places, persons or property.
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I I A6.040 Redevelopment Directc
authority and
responsibilities.
In cases where a sign or table is prc
to be placed in the right-of-way with
Village Redevelopment Zone,
Redevelopment Director shall be tt
Engineer's designated representatij
shall have all of the authorit
responsibilities of the City Engineer i
stated in this chapter.
11 .I 6.050 Permits--Required.
No person shall do any of the fc
acts without first obtaining a valid r
way permit:
A. Make or cause to be mac
excavation or opening, fill or obstruc
over, along, on, across or throu!
Public Place for any purpose whatsoc
B. Construct or repair or cause
constructed or repaired any curb, sic
gutter, curb with integral gutter,
approach, driveway, alley api
spandrel and cross gutter, wheelchai
A.C. dike, or any other work of any
covered by the city Standard Draw
city policy within a Public Place; or
change, renew an Encroachment ir
along or across or through any stret
of-way or Public Place excepting, hc
for or in connection with the install;
poles, guys and anchors construc
use under franchise for public
purposes where such poles, gu]
anchors do not interfere with or lie wi
feet of existing improvements;
C. Place any banner over, acros:
along any Public Place;
D. Plant, remove, cut, cut dowr
or destroy any tree, plant, shrub, o
growing within any Public Place e)
necessary pruning or trimming to
persons or property;
E. Construct or modify or caus'
constructed or modified, any storm
conveyor of drainage water!
appurtenant items within a Public PI:
F. Modify, alter or deface any bl
on or adjacent to Public Places;
G. Engage in any traffic
operations in such a fashion as to af
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Public Place while constructing, demolishing
or maintaining any Facility;
H. Enter onto or exit from any Public
Place at any location not approved and
constructed as a driveway;
1. Install marquees, awnings and
building mounted signs which obtrude into
a Public Place.
1 I .I 6.060 Permits--Application.
A. Any person proposing to do any of
the acts described in Section 11.16.050 of
this chapter shall make an application for a
right-of-way permit to the City Engineer.
B. The following information shall be
included on the application:
1. The location, nature and
extent of work to be performed;
2. The proposed date when such
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.
C. The City Engineer may require the
application to contain an Encroachment
Agreement if deemed necessary due to the
size, duration, and/or nature of the
Encroachment. The Encroachment
Agreement shall require removal of the
Encroachment by the Permittee upon
reasonable demand by the City Engineer,
adequate security for performance of such
promise, and be in a form acceptable to the
City Attorney. It may be executed on behalf
of the City by the City Engineer. D. If the work proposed to be done
requires the making of Plans or the setting
of stakes, or both, the City Engineer may
require the application to be accompanied
by the necessary Plans, which Plans shall
be prepared by a competent engineer
licensed by the State Department of
Consumer Affairs.
E. Upon right-of-way permit issuance the
application shall become part of the right-of-
way permit.
1 I .I 6.070 Relocation of structures-
The City Engineer may require any
person who, pursuant to a duly issued right-
Removal of Encroachment.
of-way permit under this chaptel
performed construction work or placc
maintained any Encroachment, to mc
same at his own cost and expense t
different location as is specified in a
demand of the City Engineer, wh
such move is necessary to ensu
safety and convenience of the pu
facilitate construction within the r
way. The City Engineer shall specify
demand a reasonable time within wh
work of relocation must be comrn
and the permittee must commena
relocation within the time specified
demand and thereafter diligently prc
the same to completion.
Encroachment Agreement required
City Engineer shall specify
requirements and require adequate I
to enforce these provisions if the Pe
fails to do so.
11 .I 6.080 Permits--Commenceml
and completion of wor
Every permittee shall commence v1
stipulated in the right-of-way perm
diligently pursue the work to cor
without interruption within the time
required by the right-of-way permit.
of-way permits issued under this (
shall be valid for the period of time SF
in the right-of-way permits, unless tl
Engineer grants a time extension.
11.16.090 Permits-Requirement!
A. The permittee shall perform th
in a timely manner, in accordanc
approved Plans, Specifications ar
standards; and to the satisfaction
City Engineer.
B. No person shall cause any
improvement or appurtenant work
performed upon any Public Place wii
city by any person other than a Ii
contractor or a public utility.
C. Any works conducted requiri
temporary, partial or full closure
traveled or pedestrian right-of-way s
be commenced until the permittc
obtained a permit therefor pursuant
8 or Title 10 of this code and ha
performance of work.
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issued a traffic-control permit stipulating the
date, time and provisions under which
closure may be carried out.
D. As the work progresses, all streets
shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris
resulting from such work. All cleanup
operations at the location of such work shall
be accomplished at the expense of the
permittee. From time to time, as may be
ordered by the City Engineer, and in any
event immediately after completion of the
work, the permittee shall, at its own
expense, clean up and remove all refuse
and unused materials of any kind resulting
from the work. Upon failure to do so, within
twenty-four hours after having been notified,
the work may be done by the city and the
cost thereof charged to the permittee.
Whenever it may be necessary for the
permittee to excavate through any
landscaped area, the area shall be
reestablished in a like manner after the
excavation has been backfilled as required.
All construction and maintenance work
shall be done in a manner designed to
leave the area clean of earth and debris and
in a condition as nearly as possible to that
which existed before such work began. The
permittee shall not remove, even
temporarily, any existing trees or shrubs
without first obtaining the consent of the
City Engineer.
E. All work affecting public
improvements or public safety shall be
inspected by the City Engineer as follows:
1. No person shall prevent or
obstruct the City Engineer in making any
inspection authorized by this chapter or in
taking any sample or in making any test;
2. Twenty-four-hour notice to the
City Engineer is required for all inspections;
3. All work not in conformance
with approved Plans and Specifications is
subject to rejection by the City Engineer.
4. Request for final inspections
shall be made in writing.
I1 .I 6.1 00 Permits--Acceptance of
work.
The City Engineer, upon determination by
survey or by inspection or by both, that the
e
work has been completed according
requirements of this chapter and the
of-Way Permit, shall issue a certific
acceptance which shall contain a sta
of the location, nature and extent
work performed under the Right-
Permit.
11 .I 6.1 10 Permits--Denial and
revocation.
A. The City Engineer may de
issuance of a right-of-way permit
person who refuses or fails to comr
the provisions of this chapter, \
indebted to the city for past permit vi(
or who in the judgment of the City EI
has repeatedly violated permit proc or failed to comply with conditions re
protection of the public health and sa B. The City Engineer may de
issuance of a right-of-way permit
person who refuses to execu
Encroachment agreement as F
pursuant to section 1 1.16.060.
C. Any permittee found in violatiol
conditions of a right-of-way permit
provisions of this chapter shall be !
written notice to comply stipulating tk
violation. Upon receipt of a nc
comply, the permittee shall take ac
correct the condition of violation wii
period stipulated in the notice. If wit
period appropriate measures have n
implemented, the City Engineer may
the right-of-way permit and tak
measures required to secure the w
or return the work site to its
condition. The cost of such work I
collected from the permittee.
I1 .I 6.1 20 Appeal procedure.
A.. An individual may appeal the (
of the City Engineer made in re1
administration of this chapter to t
Council within ten calendar days fc
the decision. Appeals shall be in
filed with the City Clerk and shall s
basis for the appeal. Fees for f
appeal shall be in an amount as est;
by resolution of the City Council
decision of the City Council shall be
B. The City Clerk shall thereup
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time and place for hearing such appeal.
The City Clerk shall give notice to the
appellant and applicant/ permittee of the
time and place of hearing by serving the
notice personally or by depositing it in the
United States Post Office in the City,
postage prepaid, addressed to such
persons at their last known address.
11 .I 6.1 30 Right-of-way permit fees.
Right-of-way permit fees shall be charged
by the city for the processing of a right-of-
way application and the issuance of a right-
of-way permit. The fee shall be established
by resolution of the city council and is for
the purpose of defraying the cost of
processing an application, issuing the
requested right-of-way permit, inspection of
works completed under the right-of-way
permit and other costs of administrating this
chapter.
11.16.140 Performance deposits.
(a) As a condition of issuance of a
right-of-way permit, the City Engineer may
require posting of a cash deposit or an
equivalent security in a form acceptable to
the city attorney. The City Engineer may
require that up to one hundred percent of
any deposit be submitted in the form of a
cash deposit. The cash deposit may be
used at the discretion of the City Engineer
to provide for traffic-control, restoration of
public facilities or removal from the right-of-
way of work, materials or equipment when
permittee or the permittee's agent fails to
act in a timely manner to provide for the
public health, safety or welfare. The deposit
shall otherwise be for the purpose of
guaranteeing performance of work
contemplated under the permit including
removal of Encroachments, if required.
Each deposit shall be accompanied by a
Right-of-way Cash Security Agreement
stipulating the uses and conditions under
which the funds may be expended.
(b) The amount of the deposit shall be
established by the City Engineer based on
the size, duration, and/or nature of the
Encroachment.
(c) Upon completion and acceptance of
work under permit, any funds unused shall
be refunded to the permittee and an
bonds or security instruments st
released.
(d) If any deposit or security
sufficient for the protection of the
interest in the Public Places, th
Engineer may require an additional
or an increase in the security it
amount as he determines necessar
permittee shall, upon demand, depc
additional cash or security.
Upon failure or refusal to pay, ti
Engineer may revoke the permit
recover the deficiency by appropriatc
in any court of competent jurisdictior
such deficiency is paid in full, no
permit shall be issued to such permit
(e) Where work is to be done by i
or utilities operating under a fri
issued by the city or regulated by th
Public Utilities Commission or
operated by governmental agenci
permit may be granted without mi
deposit. In such cases, the permittc
be liable for the actual cost of any
be done by the city in restoring tt
covered by the permit to the satisfa
the City Engineer.
1 I .I 6.1 50 Placement of material
obstruction of streets,
A. No person shall place or maini
material or any obstruction or impedi
travel in or upon any Public Place w
permit to do so.
B. Persons violating provisions
section shall be issued a notice of I
and given a specified time to remol
material, obstruction or impedimen
failure to comply with the notice is I
and a public nuisance endanger
health, safety and general welfare
public. In addition to any other
provided by law for the abatement
public nuisance, the City Enginet
after giving notice, cause thc
necessary to accomplish the remov
costs thereof may be assessed agz
owner or owners of the project crei
obstruction.
C. Notice of removal shall be ir
and mailed to all persons whose
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appear on the last equalized assessment
roll as owners of real property creating the
obstruction at the address shown on the
assessment roll. Notice shall also be sent
to any person known to the City Engineer to
be responsible for the nuisance. The City
Engineer shall also cause at least one copy
of such notice to be posted in a
conspicuous place on the premises. No
assessment shall be held invalid for failure
to post or mail or correctly address any
notice. The notice shall particularly specify
the work required to be done and shall
state that if the work is not commenced
within twenty-four hours after receipt of
such notice and diligently prosecuted
(without interruption) to completion, the city
shall cause such work to be done, in which
case the cost and expense of such work,
including incidental expenses incurred by
the city, will be assessed against the
property or against each separate lot and
become a lien upon such property.
D. If upon the expiration of the twenty-
four hour period provided for in subsection
(c) of this section, the work has not been
done, or having commenced, is not being
performed with diligence, the City Engineer
shall proceed to do such work or cause
such work to be done. Upon completion of
such work, the City Engineer shall file
written report with the city council setting
forth the fact that the work has been
completed and the cost thereof, together
with a legal description of the property
against which cost is to be assessed. The
city council shall thereupon fix a time and
place for hearing protest against the
assessment of the cost of such work. The
City Engineer or the city clerk, if so directed
by the council, shall thereafter give notice in
writing to the owners of the project in the
manner provided in subsection (c) of the
hour and place that the city council will pass
upon the City Engineer's report and will
hear protests against the assessments.
Such notice shall also set forth the amount
of the proposed assessment.
E. Upon the date and hour set for the
hearing of protests, the city council shall
hear and consider the City Engineer's report
, and all protests, if there are any, and then
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proceed to confirm, modify or reje
assessments.
F. A list of assessments as
confirmed by the city council shall be
the city treasurer for collection.
assessment is not paid within ten da:
its confirmation by the city council, 1
clerk shall cause to be filed in the c
the county recorder a notice c
substantially in the following form:
NOTICE OF LIEN
Pursuant to Chapter 11.16, Title 11
Carlsbad Municipal Code (Ordl
No. ), the City of Carlsb;
on the day of
19-, cause maintenance and repc
to be done in the public right-of-way
purpose of abating a public nl
caused by activities related to cons
at the property described below.
Council of the City of Carlsbad did
19 , by its Resolution No.
assess the cost or portion of tb
thereof upon the real property her
described, and the same has not be
nor any part thereof, and the
Carlsbad does hereby claim a lie
said real property until the same SI
interest thereon at the maximul
allowed by law from the date
recordation of this instrument has be
in full and discharged of record. 1
property hereinbefore mentioned ar
which a lien is hereby claimed is thal
parcel of land in the City of Ci
County of San Diego, State of C:
particularly described as follows:
day of
(Description of property)
Dated this day
I 19-.
City Clerk, City of Carlsbad.
G. From and after the d
recordation of such notice of li
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amount of the unpaid assessment shall be a
lien on the property against which the
assessment is made, and such assessment
shall bear interest at the maximum rate
allowed by law until paid in full. The lien
shall continue until the amount of the
assessment and all interest thereon has
been paid. The lien shall be subordinate to
tax liens and all fixed special assessment
items previously imposed upon the same
property, but shall have priority over all
contractual liens and all fixed special
assessment liens which may thereafter be
created against the property. From and
after the date of recordation of such notice
of lien, all persons shall be deemed to have
notice of the contents thereof.
11.16.160 Holding city harmless-
Insurance.
The applicant for a right-of-way permit, as
a condition to receiving a right-of-way
permit, shall sign a statement that he
agrees to indemnify and hold harmless the
city, and each officer and employee thereof,
from any liability or responsibility for death
or injury to persons and loss or damage to
property happening or occurring as a result
of the design or performance of any work
undertaken under any right-of-way permit
granted pursuant to the application. The
applicant shall be required to provide proof
of liability insurance in the amount of at
least one million dollars and shall name the
city as an additional insured under the
insurance policy. The insurance shall be
provided by a company satisfactory to the
city. Any deductible or self-insured
retention under the insurance policy shall be
in an amount acceptable to the city.
11.16.170 Exemptions.
The city and its employees, acting in their
official capacity, are exempt from the
requirements set forth in this chapter.
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RE-ENACTMENT AND CONTINUATION: Section I of this ordinance repeals (
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or penalty incurred before the repeal takes effect, nor any suit, prosecution or proc 3
11 .I6 and Section I1 re-enacts it as Chapter 11 .I 6. Such repeal shall not effect any puni
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pending at the time of the repeal for an offense committed under the ordinance repeale 4
the City Council’s intention by such re-enactment that there be no break in the con
€j operation of the old ordinance, and no abatement of the legal consequences of acts don(
7 11 the old ordinance.
a EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its ac
9 I1 and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and c 10
l1 I/ to be published at least once in a newspaper of general circulation in the City of Carlsbac
l2 II fifteen (1 5) days after its adoption.
13 INTRODUCED AND FIRST READ at a regular meeting of said City Council held
14 19th day of NOVEMBER , 1996, and thereafter,
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AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila 17
Council held on the 3rd day of December , 1996 by the following vote, tc 16
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
NOES: None
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ABSENT: None
23 ATTEST:
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25 ALETHA L. RAUTENKFWNZ, City Clerk
1- I- - - - (SEAL)
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