HomeMy WebLinkAbout1996-12-03; City Council; 13937; ADOPTION OF ORDINANCE NO. NS-386 REVISION TO CARLSBAD MUNICIPAL CODE REGARDING WORK IN PUBLIC RIGHTS-OF-WAYm .e
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CIThOF CARLSBAD - AGENR BILL ' :
AB * J3! 4 3 7 TITLE: ADOPTION OF ORDINANCE NO. NS-386 DEPT.
MTG. 12/3/96 REVISION TO CAIUSBAD MUNICIPAL CODE CITY A
DEPT. CLK
RECOMMENDED ACTION:
REGARDING WORK IN PUBLIC RIGHTS-OF-WAY CITY 111
Adopt Ordinance No. NS-386, repealing and re-enacting Chapter 11.16 of the Carlsbac
Municipal Code regarding work in the public rights-of-way.
ITEM EXPLANATION
Ordinance No. NS-386 was introduced, as amended, and first read at the City Council meetin
held on November 19, 1996. The second reading allows the City Council to adopt th
ordinance which would then become effective in sixty days. The City Clerk will have th
ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,920 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-386.
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ORDINANCE NO. NS-386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
11.16 OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council of the City of Carlsbad has adopted its 1996 go:
includes a goal for the Community Development Department to maintain safe City stai
improving the overall quality of field inspection, project processing, and front counter 01
and,
CALIFORNIA, REPEALING AND RE-ENACTING EXISTING CHAPTER
WHEREAS, one of the objectives associated with maintaining safe City standa
revision of the Right-of-way Ordinance; and,
WHEREAS, City staff completed a comprehensive review of Chapter 11 .I6
Public Rights-of-way, of the Carlsbad Municipal Code; and,
WHEREAS, upon completion of the review of the Right-of-way Ordinance,
prepared a revision to the Right-of-way Ordinance consistent with the goals of the Ci
and,
WHEREAS, City Council has reviewed the revised Right-of-way Ordin
determined that it meets City Council goals; and,
WHEREAS, the revised Right-of-way Ordinance is not considered a project
subject to review per Sections 15378(b) and 15061(b)(3) of the California Environmei
Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 0'
California, does ordain as follows:
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SECTION I: That Chapter 11.16, Work in Public Rights-of-way, of the (
Municipal Code is hereby repealed.
SECTION II: That Title 11 is amended by the addition of a new chapter 11 .I6
for Work or Encroachments in Public Places, to read as follows:
Chapter 11.16 The following words shall h
following meanings as set out
PERMITS FOR WORK OR chapter:
ENCROACHMENTS IN PUBLIC PLACES A. "City Engineer" means
Sections: designated representative.
Engineer of the city of Carlsba
1 I .I 6.01 0 Title. 8. "Encroachment" means and
11.16.020 Definitions. any tower, pole, pole line, pipe,
11 .I 6.030 City Engineer's authority fence, billboard, stand or buildin
and structure or object of any kind or
responsibilities. not particularly mentioned
subsection, which is placed in,
authority and over any portion of a Public Place.
responsibilities. C. "Facility" means any street,
11.16.050 Permits--Required. curb, gutter, fencing, pipe, pipel
1 1 .I 6.060 Permits--Application. main, service, trap, vent, vault,
11.16.070 Relocation of structures-- meter, gauge, regulator, valve
Removal of Encroachment. wire, tower, pole, pole line, anct
11.16.080 Permits--Commencement junction box, transformer or
and completion of work. material structure or object of a
11.16.090 Permits--Requirements for character, whether enumerate(
performance of work. subsection or not which is constr
11.16.100 Permits-Acceptance of placed or maintained in, upc
work. across, under or over any Public I
11.16.110 Permits-Denial and D. "Plans" means the
revocation. developed and approved by
11 .I 6.120 Appeal procedure. Engineer describing the nature I
of works proposed to be con! 11 .I 6.1 30 Right-of-way permit fees.
11.16.140 Performance deposits. carried out on a Public Place.
I 1.16.1 50 Placement of materials or E. "Public Place" means i
obstruction of streets. street, highway, way, place, alle!
I I .I 6.1 60 Holding city harmless- easement, right-of-way, park, sq
Insurance. or other similar public property
1 I .I 6.1 70 Exemptions. controlled by the city and dc
public use.
F. "Redevelopment Director"
11.16.010 Title. Redevelopment Director of tl
The ordinance codified in this chapter Carlsbad or his designated repre
may be cited as the "Right-of-Way Permit G. "Specification" means th
Ordinance." Specifications for Public
Construction (current editior
supplements) written and pror
11 .I 6.020 Definitions. Southern California Chapter
11 .I 6.040 Redevelopment Director's
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Public Works Association and Southern 11 A6.040 Redevelopment Dire
California District Associated General authority and
Contractors or California Joint Cooperative
Committee and published by Building News In cases where a sign or table is
Incorporated, or such other Specifications to be placed in the right-of-way w
noted on approved Plans. Village Redevelopment Zon
H. "Standard Drawings" means the Redevelopment Director shall be
"Standard Drawings" of the City of Engineer's designated represent
Carlsbad, adopted and revised by the City shall have all of the authc
Engineer and the most recently adopted responsibilities of the City Enginee
San Diego Area Regional Standard stated in this chapter.
Drawings.)
responsibilities.
11 .I 6.050 Permits--Required.
No person shall do any of the
11.16.030 City Engineer's authority acts without first obtaining a vali
This chapter shall be administered by the A. Make or cause to be r
City Engineer who shall have the excavation or opening, fill or obsi
responsibility and authority to: over, along, on, across or thr
Establish the form and procedures for Public Place for any purpose whai
application for right-of-way permits required B. Construct or repair or cai
pursuant to this chapter including the constructed or repaired any curb,
certification of completed applications, the gutter, curb with integral gut
approval of Plans, the establishment of files, approach, driveway, alley
collection of fees and security deposits; spandrel and cross gutter, wheelc
Interpret the provisions of this chapter A.C. dike, or any other work of i
and advise the public regarding covered by the city Standard D
requirements for Plans, Specifications and city policy within a Public Place
special provisions for facilities or change, renew an Encroachmer
Encroachments subject to the provisions of along or across or through any I
this chapter; of-way or Public Place exceptinc
C. Establish format and content of Plans for or in connection with the in:
and standards governing work on facilities poles, guys and anchors cons
or Encroachments pursuant to the use under franchise for pu
provisions of this chapter; purposes where such poles,
D. Issue right-of-way permits upon such anchors do not interfere with or lii
conditions as determined are reasonable feet of existing improvements;
and necessary to protect the public health, C. Place any banner over, ac
safety and welfare; along any Public Place;
E. Consider and approve amendments, D. Plant, remove, cut, cut c
including extensions, of any Right-of-way or destroy any tree, plant, shru
Permit issued when such amendment is growing within any Public Placl
necessary to provide for the safe and necessary pruning or trimming
efficient movement of traffic or to protect persons or property;
Public Places, persons or property. E. Construct or modify or c
The City Engineer shall, subject to constructed or modified, any stc
the authority of the Community conveyor of drainage w
Development Director pursuant to section appurtenant items within a Publi
1.08.020, administer and enforce the F. Modify, alter or deface ar
provisions of this chapter. on or adjacent to Public Places;
G. Engage in any t
operations in such a fashion as
and responsibilities. way permit:
A.
B.
F.
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Public Place while constructing, demolishing of-way permit under this char
or maintaining any Facility; performed construction work or pl
maintained any Encroachment, to
Place at any location not approved and same at his own cost and expens
constructed as a driveway; different location as is specified in
I. Install marquees, awnings and demand of the City Engineer, 1
building mounted signs which obtrude into such move is necessary to er
a Public Place. safety and convenience of the
facilitate construction within the
I I .I 6.060 Permits--Application. way. The City Engineer shall spec
A. Any person proposing to do any of demand a reasonable time within
the acts described in Section 11.16.050 of work of relocation must be cor
this chapter shall make an application for a and the permittee must comme
right-of-way permit to the City Engineer. relocation within the time specifi
B. The following information shall be demand and thereafter diligently
included on the application: the same to completion.
I. The location, nature and Encroachment Agreement requirl
extent of work to be performed; City Engineer shall specif
2. The proposed date when such requirements and require adequa
work shall be commenced; to enforce these provisions if the
3. The proposed date when work fails to do so.
shall be completed;
4. Such other information as may I1 .I 6.080 Permits--Comment
be required by the City Engineer. and completion of \i
C. The City Engineer may require the Every permittee shall commenc
application to contain an Encroachment stipulated in the right-of-way p
Agreement if deemed necessary due to the diligently pursue the work to (
size, duration, and/or nature of the without interruption within the til
Encroachment. The Encroachment required by the right-of-way pern
Agreement shall require removal of the of-way permits issued under th
Encroachment by the Permittee upon shall be valid for the period of timc
reasonable demand by the City Engineer, in the right-of-way permits, unle:
adequate security for performance of such Engineer grants a time extension.
promise, and be in a form acceptable to the
City Attorney. It may be executed on behalf 11.16.090 Permits--Requiremi
of the City by the City Engineer. performance of WOI
D. If the work proposed to be done A. The permittee shall perforr
requires the making of Plans or the setting in a timely manner, in accorc
of stakes, or both, the City Engineer may approved Plans, Specifications
require the application to be accompanied standards; and to the satisfactic
by the necessary Plans, which Plans shall City Engineer.
be prepared by a competent engineer B. No person shall cause
licensed by the State Department of improvement or appurtenant w
Consumer Affairs. performed upon any Public Plact
E. Upon right-of-way permit issuance the city by any person other than
application shall become part of the right-of- contractor or a public utility. way permit. C. Any works conducted re
temporary, partial or full closi
11 .I 6.070 Relocation of structures-- traveled or pedestrian right-of-wi
Removal of Encroachment. be commenced until the perl
The City Engineer may require any obtained a permit therefor pursL
8 or Title 10 of this code and
H. Enter onto or exit from any Public
person who, pursuant to a duly issued right-
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issued a traffic-control permit stipulating the work has been completed accordi
date, time and provisions under which requirements of this chapter and t
closure may be carried out. of-Way Permit, shall issue a cer D. As the work progresses, all streets acceptance which shall contain a :
shall be thoroughly cleaned of all rubbish, of the location, nature and exte
excess earth, rock and other debris work performed under the Rig1
resulting from such work. All cleanup Permit.
operations at the location of such work shall
be accomplished at the expense of the 11.1 6.1 10 Permits--Denial and
permittee. From time to time, as may be revocation.
ordered by the City Engineer, and in any A. The City Engineer may
event immediately after completion of the issuance of a right-of-way perm
work, the permittee shall, at its own person who refuses or fails to cc
expense, clean up and remove all refuse the provisions of this chapter
and unused materials of any kind resulting indebted to the city for past permit
from the work. Upon failure to do so, within or who in the judgment of the Cit]
twenty-four hours after having been notified, has repeatedly violated permit F
the work may be done by the city and the or failed to comply with condition
cost thereof charged to the permittee. protection of the public health and
Whenever it may be necessary for the B. The City Engineer may
permittee to excavate through any issuance of a right-of-way perr
landscaped area, the area shall be person who refuses to ex
reestablished in a like manner after the Encroachment agreement as
excavation has been backfilled as required. pursuant to section 1 1.16.060.
All construction and maintenance work C. Any permittee found in viol:
shall be done in a manner designed to conditions of a right-of-way per
leave the area clean of earth and debris and provisions of this chapter shall
in a condition as nearly as possible to that written notice to comply stipulatir
which existed before such work began. The violation. Upon receipt of a
permittee shall not remove, even comply, the permittee shall takc
temporarily, any existing trees or shrubs correct the condition of violation
without first obtaining the consent of the period stipulated in the notice. I1
period appropriate measures hab City Engineer. E. All work affecting public implemented, the City Engineer I
improvements or public safety shall be the right-of-way permit and
inspected by the City Engineer as follows: measures required to secure thi
1. No person shall prevent or or return the work site to
obstruct the City Engineer in making any condition. The cost of such WI
inspection authorized by this chapter or in collected from the permittee.
taking any sample or in making any test;
City Engineer is required for all inspections;
with approved Plans and Specifications is
subject to rejection by the City Engineer.
shall be made in writing.
11 .I 6.1 00
2. Twenty-four-hour notice to the 11 .I 6.1 20 Appeal procedure
A.. An individual may appeal '
3. All work not in conformance of the City Engineer made ir
administration of this chapter
Council within ten calendar da
4. Request for final inspections the decision. Appeals shall bi
filed with the City Clerk and st-
basis for the appeal. Fees
Permits--Acceptance of appeal shall be in an amount a$
work. by resolution of the City Co
decision of the City Council sha
The City Clerk shall the The City Engineer, upon determination by
survey or by inspection or by both, that the B.
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time and place for hearing such appeal.
The City Clerk shall give notice to the bonds or security instruments
appellant and applicant/ permittee of the
time and place of hearing by serving the (d) If any deposit or securitj
notice personally or by depositing it in the sufficient for the protection of tt
United States Post Office in the City, interest in the Public Places,
postage prepaid, addressed to such Engineer may require an addition;
persons at their last known address. or an increase in the security
amount as he determines necess
11.16.130 Right-of-way permit fees. permittee shall, upon demand, dc
Right-of-way permit fees shall be charged additional cash or security.
by the city for the processing of a right-of- Upon failure or refusal to pay,
way application and the issuance of a right- Engineer may revoke the perm
of-way permit. The fee shall be established recover the deficiency by appropri
by resolution of the city council and is for in any court of competent jurisdict
the purpose of defraying the cost of such deficiency is paid in full, r
processing an application, issuing the permit shall be issued to such per1
requested right-of-way permit, inspection of (e) Where work is to be done t
works completed under the right-of-way or utilities operating under a
permit and other costs of administrating this issued by the city or regulated by
chapter. Public Utilities Commission c
operated by governmental age
I I .I 6.140 permit may be granted without
(a) As a condition of issuance of a deposit. In such cases, the pern
right-of-way permit, the City Engineer may be liable for the actual cost of ai
require posting of a cash deposit or an be done by the city in restoring
equivalent security in a form acceptable to covered by the permit to the sat'
the city attorney. The City Engineer may the City Engineer.
require that up to one hundred percent of
any deposit be submitted in the form of a Placement of matei
cash deposit. The cash deposit may be obstruction of strec
used at the discretion of the City Engineer A. No person shall place or m
to provide for traffic-control, restoration of material or any obstruction or imp
public facilities or removal from the right-of- travel in or upon any Public Placc
permit to do so. way of work, materials or equipment when
permittee or the permittee's agent fails to B. Persons violating provisic
act in a timely manner to provide for the section shall be issued a notice
public health, safety or welfare. The deposit and given a specified time to re
shall otherwise be for the purpose of material, obstruction or impedir
guaranteeing performance of work failure to comply with the notice
contemplated under the permit including and a public nuisance endar
removal of Encroachments, if required. health, safety and general we1
Each deposit shall be accompanied by a public. In addition to any otf
Right-of-way Cash Security Agreement provided by law for the abatem
stipulating the uses and conditions under public nuisance, the City Eng
after giving notice, cause which the funds may be expended.
(b) The amount of the deposit shall be necessary to accomplish the re
established by the City Engineer based on costs thereof may be assessed
the size, duration, and/or nature of the owner or owners of the project
Encroachment. obstruction.
(c) Upon completion and acceptance of C. Notice of removal shall t
work under permit, any funds unused shall and mailed to all persons wt
be refunded to the permittee and i
released.
Performance deposits.
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appear on the last equalized assessment proceed to confirm, modify or r
roll as owners of real property creating the assessments.
obstruction at the address shown on the F. A list of assessments a
assessment roll. Notice shall also be sent confirmed by the city council shall t
to any person known to the City Engineer to the city treasurer for collection.
be responsible for the nuisance. The City assessment is not paid within ten c
Engineer shall also cause at least one copy its confirmation by the city counci'
of such notice to be posted in a clerk shall cause to be filed in thc
conspicuous place on the premises. No the county recorder a notice
assessment shall be held invalid for failure substantially in the following form:
to post or mail or correctly address any
notice. The notice shall particularly specify NOTICE OF LIEN
the work required to be done and shall Pursuant to Chapter 1 1.16, Title
state that if the work is not commenced Carlsbad Municipal Code (0
within twenty-four hours after receipt of No. ), the City of Carl:
such notice and diligently prosecuted on the day of
(without interruption) to completion, the city 19-, cause maintenance and rc
shall cause such work to be done, in which to be done in the public right-of-u
case the cost and expense of such work, purpose of abating a public
including incidental expenses incurred by caused by activities related to cc
the city, will be assessed against the at the property described belc
property or against each separate lot and Council of the City of Carlsbad (
become a lien upon such property. day of
D. If upon the expiration of the twenty- 19 , by its Resolution No.- four hour period provided for in subsection assess the cost or portion of
(c) of this section, the work bas not been thereof upon the real property t
done, or having commenced, is not being described, and the same has not
performed with diligence, the City Engineer nor any part thereof, and th
shall proceed to do such work or cause Carlsbad does hereby claim a
such work to be done. Upon completion of said real property until the same
such work, the City Engineer shall file interest thereon at the maxi!
written report with the city council setting allowed by law from the da forth the fact that the work has been recordation of this instrument has
completed and the cost thereof, together in full and discharged of record.
with a legal description of the property property hereinbefore mentioned
against which cost is to be assessed. The which a lien is hereby claimed is t
city council shall thereupon fix a time and parcel of land in the City of
place for hearing protest against the County of San Diego, State of
assessment of the cost of such work. The particularly described as follows:
City Engineer or the city clerk, if so directed
by the council, shall thereafter give notice in (Description of propert)
writing to the owners of the project in the
manner provided in subsection (c) of the Dated this
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.
Upon the date and hour set for the
hearing of protests, the city council shall hear and consider the City Engineer's report G. From and after the
and all protests, if there are any, and then recordation of such notice o
hour and place that the city council will pass ,.r9-.
City Clerk, City of Carlsbad.
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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 .I 6.170 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 repeak
11 .I6 and Section I1 re-enacts it as Chapter 11.16. Such repeal shall not effect any p~
or penalty incurred before the repeal takes effect, nor any suit, prosecution or pi
pending at the time of the repeal for an offense committed under the ordinance repe;
the City Council's intention by such re-enactment that there be no break in the c
operation of the old ordinance, and no abatement of the legal consequences of acts dc
the old ordinance.
EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance ar
to be published at least once in a newspaper of general circulation in the City of Carls
fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council t
19th day of NOVEMBER , 1996, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Car
Council held on the 3rd day of December , 1996 by the following vol
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finni
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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