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HomeMy WebLinkAbout1996-12-03; City Council; NS-386; CMC 11.16 repeal/reenact - Public right-of-way (ROW) work...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e 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: Ill Ill Ill /It /It Ill 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ll 0 0 SECTION I: That Chapter 1 I .16, Work in Public Rights-of-way, of the C: Municipal Code is hereby repealed.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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. I 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 3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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 I I 5 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ll e 0 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 6 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I 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 li 7 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 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. I 8 U 1 e e RE-ENACTMENT AND CONTINUATION: Section I of this ordinance repeals ( 2 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 !3 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, 15 18 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 19 20 21 22 ABSENT: None 23 ATTEST: 24 25 ALETHA L. RAUTENKFWNZ, City Clerk 1- I- - - - (SEAL) 26 27 28 9