HomeMy WebLinkAbout1992-09-01; Municipal Water District; 39; District ROW work procedures...4.
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ORDINANCE NO. 39
ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT
ESTABLISHING PROCEDURES FOR WORK IN DISTRICT RIGHT-OF-&
WHEREAS, the Carlsbad Municipal Water District has dete
the necessity for establishing procedures for encroachment
District right-of-way; and
WHEREAS, it is considered critical for the well being
public water system to establish rules and regulations contain restrictions and priorities in the procedure encroachment in the District right-of-way: and
WHEREAS, this action is the result of construction work the District right-of-way which may involve clear and in danger demanding immediate action to mitigate damage to health and property from the loss of an essential public sex the delivery of public water supplies;
NOW, THEREFORE, BE IT ORDAINED by the Board of Direct the Carlsbad Municipal Water District as follows:
WORK IN DISTRICT RIGHT OF WAY
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Title. Definitions.
District engineer's authority and responsibilitic
Permits--Required.
Permits--Application.
Permits--Requirements of plans.
Permits--Commencement and completion of work.
Permits--Requirements for performance of work.
Permits--Acceptance of work.
Permits--Denial and revocation.
Appeal procedure.
Encroachment application and permit fees.
Performance deposits.
Placement of materials or obstruction of Dj
Aboveground encroachments.
Exceptions.
Relocation of structures--Removal of encroachment
Holding District harmless--Insurance.
Exemptions.
facilities.
1. Title.
This ordinance may be cited as the ltRight-of-Way Encroz
Permit. I!
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1 2. Definitions.
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(2) llEncroachmentlv means and includes any tower, pole 4
(1) "District Engineer" means the District engineer c 3
The following words shall have the following meanings i out in this chapter:
CarlsbadMunicipal Water District or his designated represent;
line, pipe, pipeline, fence, billboard, stand or building, f
5 structure or object of any kind or character whether o particularly mentioned in this subsection, which is place
6 under or over any portion of a District facility.
(3) !lFacilityvl means any District real property, easem,
7 other interest in real property.
(4) I1Planstf means the document developed and approved
8 District engineer describing the nature and extent of
proposed to be constructed or carried out on a District fac
Public Works Construction (current edition including supple]
10 written and promulgated by Southern California Chapter Am
Standard Drawings. 14
District engineer and the most recently adopted San Diego Re1
Carlsbad Municipal Water District, adopted and revised L 13
other specifications noted on approved plans. 12
Committee and published by Building News Incorporated, 01
Associated General Contractors or California Joint Coope: 11
Public Works Association and Southern California Di;
9 (5) !'Specif icationll means the Standard Specif icatior
(6) "Standard Drawings" means the It standard drawings1!
1511 3- District engineer's authority and responsibilities.
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This ordinance shall be administered by the District en1
who shall have the responsibility and authority to:
(1) Establish the form and procedures for applicatic
encroachment permits required pursuant to this chapter inc the certification of completed applications, the approval of the establishment of files, collection of fees and se deposits;
(2) Interpret the provisions of this chapter and advi public regarding requirements for plans, specifications special provisions for facilities or encroachments subject provisions of this chapter;
(3) Establish format and content of plans and sta governing work on facilities or encroachments pursuant 1 provisions of this chapter;
(4) Issue permits upon such conditions as determinf reasonable and necessary to protect the public health, safe we1 f are ;
(5) Amend any permit issued when determined that
amendment is necessary to provide for the safe and eff
movement of traffic or to protect District facilities, pers property.
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No person shall do any of the following acts without 28
Section 4. Permits-Required.
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obtaining a valid encroachment and right-of-permit permit:
(1) Make or cause to be made excavation or opening, f obstruction in, over, along, on, across or through any Di facility for any purpose whatsoever;
(2) Plant, remove, cut, cut down, injure or destroy any plant, shrub or flower growing within any District fa
excepting necessary pruning or trimming to protect persc
property:
(3) Construct or modify or cause to be construct
modified, any storm drain or conveyor of drainage wate~ appurtenant items within a District facility;
(4) Modify, alter or deface any block wall on or adjac
District facilities;
(5) Enter onto or exit from any District Facility ( location not approved and constructed as a driveway:
g 11 Section 5. Permits--Application.
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(a) Any person proposing to do any of the acts descri
Section 4 of this ordinance shall make an application for a
of-way permit to the District Engineer.
application:
(b) The following information shall be included (
(1) The location, nature and extent of work
(2) The proposed date when such work sha.
(3) The proposed date when work shall be complet
(4) Such other information as may be required :
(c) Upon permit issuance the application shall become F
performed:
commenced:
District engineer.
the permit.
Section 6 . Permits--Requirements of plans.
If, in the opinion of the District engineer the work pr to be done requires the making of plans or the setting of s
or both, the District engineer may require the application
accompanied by the necessary plans, which plans shall be pr
by a competent engineer licensed by the State Departmc
Consumer Affairs.
22 11 Section 7. Permits--Commencement and completion of work
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Every permittee shall commence work as stipulated ,
permit application and diligently pursue the work to comF
without interruption within the time period required by the F
Permits issued under this ordinance shall be valid for the
of time specified in the permits, unless the District er!
grants a time extension.
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(a) The permittee shall perform the work in a timely IT 28
Section 8. Permits--Recpirements for performance of WOI
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in accordance with applicable plans, specifications and Di
standards; and to satisfaction of the District engineer.
(b) No person shall cause any improvement or appurtenar
to be performed upon any District facility within the Distr any person other than a licensed contractor or a public uti (c) All work shall be inspected by the District engin follows:
(1) No person shall prevent or obstruct the Di
engineer in making any inspection authori: this ordinance or in taking any sample or in
any test;
(2) Twenty-four-notice to the District enginc
required on all inspections;
(3) All work not in conformance with approved pl~
specifications is subject to rejection k District engineer.
(4) Request for final inspection shall be mi writing.
Section 9 . Permits--Acceptance of work.
If the District engineer, by survey or by inspection
, both, determines that the work has been completed according requirements of this ordinance and the permit, he shall i certificate of acceptance which shall contain a statement location, nature, and extent of the work performed undc permit.
15 Section 10. Permits--Denial and revocation. /I
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(a) The District may deny the issuance of a permit
person who refuses or fails to comply with the provision o
ordinance, who is indebted to the District for past violations or who in the judgment of the District engine repeatedly violated permit procedures or failed to compl conditions requiring protection of the public health and sa (b) Any permittee found in violation of the conditi permit or the provisions of this ordinance shall be given a ~n notice to comply, stipulating the violation. Upon receip notice to comply, the permittee shall take action to corn condition of violation within the period stipulated in the r If within the period appropriate measures have not implemented, the District may revoke the permit and tal measures required to secure the work site or return the WOI to its original condition. The cost of such work may be col for the permittee.
(c) A revoked permit may be reinstated if the pel demonstrates to the satisfaction of the District engineer thi will be continued in conforncznce with the permit and the pro1 of this ordinance. (d) The District engineer shall require as a condit
permit reinstatement payment of all charges incurred 1
District as a result of permit revocation including a five 1 dollar penalty for violation of the provisions of this ordj
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1 section 11. Appeal procedure.
2 (a) Any person aggrieved by any decision of the Di: engineer with respect to the issuance, revocation or refu! 3
calendar days after the date of the decision of the Di; 4 notice of appeal with the secretary of the Board withi
issue a permit may appeal to the Board of Directors by fi:
engineer.
hearing such appeal. The secretary shall give notice t
6 appellant and applicant/permittee of the time and place of hl
by serving the notice personally or by depositing it in the ' 7 States Post Office in the city, postage prepaid, addressed t persons at their last known address. 8 (c) The Board of Directors shall have the authorj determine all questions raised on such appeal.
9 Section 12. Encroachment and Right-of-way applicant and :
5 (b) The secretary shall thereupon fix a time and plac
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Encroachment applications and permit fees shall be char
the District for the processing of an encroachment applicati
the issuance of an encroachment permit. The fee sha established by resolution of the Board of Directors of the Di and is for the purpose of defraying the cost of process: application, issuing the requested permit, i.nspection of completed under the permit and other costs of administratins ordinance.
Section 13. Performance deposits.
(a) As a condition of issuance of an encroachment and of-way permit, the District engineer may require posting of deposit or an equivalent security in a form acceptable 1 General Counsel. The District engineer may require that up hundred percent of any deposit be submitted in the form of deposit. The cash deposit may be used at the discretion I
District engineer to provide for restoration of public faci or removal from the right-of-way of work, materials or equ when permittee or the permittee's agent fails to act in a manner to provide for the public health, safety or welfare deposit shall otherwise be for the purpose of guaran performance of work contemplated under the permit. (b) The amount of the deposit shall be established District engineer. (c) Upon completion and acceptance of work under permi funds unused shall be refunded to the permittee and any other
or security instruments shall be released. (d) If, in the opinion of the District engineer, any d or security is not sufficient for the protection of the interest in the public places, the District engineer may req additional deposit, or an increase in the security in such as he determines necessary. The permittee shall, upon cl deposit the additional cash or security.
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-. /I 1 Upon failure or refusal to pay, the District enginet revoke the permit and/or recover the deficiency by appro 2
deficiency is paid in full, no other permit shall be issued t action in any court of competent jurisdiction. Until
3 permittee.
4 Section 14. Placement of material or obstruction of Di
5 (a) No person shall place or maintain any material 1 6 obstruction or impediment to travel in or upon any Di
facilities.
facilities without a permit to do so.
issued a notice of removal and given a specified time to
8 such material, obstruction or impediment. Any failure to with the notice is unlawful and a public nuisance endangeri 9 health, safety, and general welfare of the public. In addit any other remedy provided by law for the abatement of such 10
assessed against the owner or owners of the project creati 11 work necessary to accomplish the removal. The costs thereof nuisance, the District engineer may, after giving notice, cac
obstruction.
persons whose names appear on the last equalized assessment I 13 owners of real property creating the obstruction at the a shown of the assessment roll. Notice shall also be sent 14 person known to the District engineer to be responsible f nuisance. The District engineer shall also cause at least or 15 of such notice to be posted in a conspicuous place on the pre No assessment shall be held invalid for failure to post or m
16 correctly address any notice. The notice shall partic specify the work required to be done and shall state that
17 work is not commenced within twenty-four hours after rece
such notice and diligently prosecuted (without interrupti1
18 completion, the District shall cause such work to be dont which case, the cost and expense of such work, including inci 19 1 expenses incurred by the District, will be assessed again property or against each separate lot and become a lien upc 20 property.
21 provided for in subsection (c) of this section, the work h been done, or having commenced, is not being performec 22 diligence, the District shall proceed to do such work or caus work to be done. Upon completion of such work, the District 23 file a written report with the Board of Directors setting for fact that the work has been completed and the cost th
24 together with a legal description of the property against cost is to be assessed. The Board of Directors fix a ti
25 place for hearing protest against the assessment of the c such work. The District or the secretary, if so directed
26 board, shall thereafter give notice in writing t~ the ~wners project in the manner provided in subsection (c) of the hc 27 place that the Board of Directors will pass upon the Di engineer's report and will hear protest against the assess 28 Such notice shall also set forth the amount of the pr
7 (b) Persons violating provisions of this section sh'
12 (c) Notice of removal shall be in writing and mailed
(d) If upon the expiration of the twenty-four hour
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assessment.
(e) Upon the date and hour set for the hearing of pro. the Board of Directors shall hear and consider the Di; engineer's report and all protests, if there are any, anc proceed to confirm, modify or reject the assessments. (f) A list of assessments as finally confirmed by the
of Directors shall be sent to the City of Carlsbad F
Department for collection. If any assessment is not paid 1
ten days after its confirmation by the Board of Directors secretary shall cause to be filed in the office of the recorder a notice of lien, substantially in the following f
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District Ordinan , the Carlsbad Municipal Water District did on the -
done in the District facility right-of-way for the purpc abating a public nuisance caused by activities relat construction at the property described below. The Boa Directors of Carlsbad Municipal Water District did on the -
cost or portion of the cost thereof upon the real pr hereinafter described, and the same has not been paid nor an thereof, and the Carlsbad Municipal Water District does claim a lien upon said property until the same sum with in thereon at the maximum rate allowed by law from the date ( recordation of this instrument has been paid in full and disc of record. The real property hereinbefore mentioned and upon a lien is hereby claimed is that certain parcel of land in th of Carlsbad, County of San Diego, State of California, partic described as follows:
of , 19-, cause maintenance and repair work
of , 19-, by its Resolution No. asse
(Description of property)
Dated this day of I 19"
Secretary, Board of Directors
(h) From and after the date of recordation of such not
lien, the amount of unpaid assessment shall be a lien c
property against which the assessment is made, and such asse
shall bear interest at the maximum rate allowed by law unti
in full. The lien shall continue until the amount c
assessment and all interest thereon has been paid. The lien be subordinate to tax liens and all fixed special assessment previously imposed upon the same property, but shall have pr
over all contractual liens and all fixed special assessment
which may thereafter be created against the property. Fr
after the date of recordation of such notice of lien, all p shall be deemed to have notice of the contents thereof.
Section 15. Aboveground encroachments.
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Section 15. Aboveground encroachments.
Upon application thereof, and when it is determined tl will not be detrimental to the interests of the District, the
of Directors may grant conditional permission to builde
install and maintain encroachments above ground level in j
rights-of-way within the District.
Section 16 . Exceptions.
The District engineer may grant conditional permission f
encroachment of curb and gutter and fences. All such instal
shall be conformance with the requirements and regulation (
Uniform Building Code, latest edition.
Section 17 . Relocation of structures--Removal of encroac
The District engineer may require any person who, pursu
a duly issued permit under this ordinance, has per
construction work or placed and maintained any encroachme]
move the same at his own cost and expense to such dif
location as is specified in a written demand of the Di
engineer, whenever such move is necessary to ensure the safe
convenience of the District, may require the application to c
a signed real property lien agreement by the applicant tc
effect. The District engineer shall specify in the den reasonable time within which the work of relocation mu commenced, and the permittee must commence such relocation the time specified in the demand and thereafter dili prosecute the same to completion.
Section 18. Holding District harmless--Insurance.
The applicant for a permit, as a condition to receil permit shall sign a statement that he agrees to indemnify an harmless the District and each officer and employee thereof any liability or responsibility for death or injury to perso loss or damage to property happening or occurring as a res the design or performance of any work undertaken under any granted pursuant to the application. The applicant may be re to provide proof of liability insurance in the amount of at one million dollars and may be requested to name the District additional insured under the insurance policy. The insurance be provided by a company satisfactory to the District. deductible or self-insured retention under the insurance shall be in an amount acceptable to the District.
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Section 19. Exemptions.
The District and its employees, acting in their off capacity, are exempt from the requirements set forth in ordinance. Introduced and first read at a meeting of the Boa] Directors on the 4th day of AUGUST , 1992 thereafter
PASSED AND ADOPTED at a public hearing before the Boa
Directors on the 1st day of SEPTEMBER , 1992,
By the following vote to wit:
AYES: Board Members Lewis, Larson, Stanton, Ward
NOES: None {y/[[J
ABSENT: Board Member
~ (445 ,I y/7,flf
CLAUDE 'A. LEWZS , President
ATTEST :
ALETHA L,. RAUTENKRANZ, Secretgiry
(SEAL)
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