HomeMy WebLinkAbout1992-08-04; Municipal Water District; 179; Encroachment in District Right-of-Wayh -- -‘A CARLSBAD i JNICIPAL WATER DISTRICT l AGENDA BILL ‘-‘<’ ” &)
4l3# )W TITLE: INTRODUCE ORDINANCE TO ESTABLISH
MTG. 8-+- 92 PROCEDURES AND SETTING FIXED FEES FOR
DEPT. ENG. FOR ENCROACHMENT IN DISTRICT RIGHT-OF-WAY CITY MGR.+L
3ECOMMENDED ACTION:
Introduce Ordinance No. 37 establishing procedures for encroachment in the District right-of-way, and set the matter for a public hearing on September 1, 1992.
The Staff has determined the necessity for establishing procedures for encroachment in the District right-of-way. It is considered critical for the well being of the public water system to establish rules and regulations which contain restrictions and priorities for encroachment in the District right-of-way. This action will control construction work within the District right-of-way to protect the public water supplies.
Staff is proposing adoption of procedures for encroachment in the District right-of-way. Section 1 through 19 of the ordinance, attached as Exhibit 1, will bring the District procedures for encroachment into conformity with the City. The procedures contain specific guidelines to establish rules and regulations which contain restrictions and priorities in the procedures for encroachment.
FISCAL IMPACT:
Encroachment applications and permit fees shall be established as per Section 12 of the procedures for encroachment. Encroachment applications and permit fees shall be charged by the District for the processing of an encroachment application and the issuance of an encroachment permit. The'fee shall be established by resolution of the Board of Directors of the District and is for the purpose of defraying the cost of processing an application, issuing the requested permit, inspection of work completed under the permit and other costs of administrating the procedures for encroachment.
EXHIBITS:
1. Ordinance No. 37 adopting the Encroachment/Work in District Right-of-Way. Procedures for
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ORDINANCE NO. 39
OF THE CARLSBAD MUNICIPAL WATER DISTRICT PROCEDURES FOR WORK IN DISTRICT RIGHT-OF-WAY
Carlsbad Municipal Water District has determined establishing procedures for encroachment in the
considered critical for the well being of the public water sys to establish rules and regulations which contain restrictio and priorities in the procedures for encroachment in the trict right-of-way; and
WHEREAS, this ac is the result of construction work within the District right-of- which may involve clear and imminent danger demanding imme action to mitigate damage to life, health and property from loss of an essential public service - the delivery of public wat
NOW, THEREFORE, BE IT NED by the Board of Directors of the Carlsbad Municipal Wate trict as follows:
Sections: 1. 2. 3. 4. 5. 6. 7. 0. 9. 10. 11. 12. 13. 14.
15. 16. 17. 18. 19.
WORK IN DIST
Title. Definitions. District engineer's ibilities. Permits--Required. Permits--Application. Permits-- Requirement Permits-- Commencemen Permits--Requirements for perfo ante of work. Permits--Acceptance of work. Permits--Denial and revocation. Appeal procedure. Encroachment application and permi Performance deposits. Placement of materials or facilities. Aboveground encroachments. Exceptions. Relocation of structures Holding District harmless--Insurance. Exemptions.
1. Title.
This ordinance may be cited as the "Right-of-Way Encroachment Permit."
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2. Definitions.
The following words shall have the following meanings as set
Carlsbad Mu neer" means the District engineer of the District or his designated representative. I1 means and includes any tower, pole, pole ence, billboard, stand or building, or any f any kind or character whether or not n this subsection, which is placed in, of a District facility.
cument developed and approved by the the nature and extent of works carried out on a District facility. (5) 1VSpecification88 ns the Standard Specifications for Public Works Construction ( ent edition including supplements) written and promulgated by thern California Chapter American Public Works Association Southern California District Associated General Contract r California Joint Cooperative Committee and published by ing News Incorporated, or such other specifications noted on a
(6) "Standard Drawings" Carlsbad Municipal Water Dis adopted and revised by the District engineer and the most ret ly adopted San Diego Regional Standard Drawings.
3. District engineer's authority a responsibilities.
This ordinance shall be administe who shall have the responsibility and for application for is chapter including he approval of plans, the establishment of files, collection f fees and security deposits; (2) Interpret the provisions of this apter and advise the public regarding requirements pecifications, and special provisions for facilities or encroa ents subject to the provisions of this chapter: (3) Establish format and content of ns and standards governing work on facilities or encroachme pursuant to the provisions of this chapter; (4) Issue permits upon such conditions determined are reasonable and necessary to protect the public lth, safety and welfare: (5) Amend any permit issued when dete ed that such amendment is necessary to provide for the saf efficient movement of traffic or to protect District facili persons or property.
Section 4. Permits--Required.
No person shall do any of the following acts without first l .
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obtaining a valid encroachment permit: (1) Make or cause to be made excavation or opening, fill or obstruction in, over, along, on, across or through any District ose whatsoever; cut, cut down, injure or destroy any tree, r growing within any District facility pruning or trimming to protect persons or
r modify or cause to be constructed of ain or conveyor of drainage waters and a District facility: r deface any block wall on or adjacent to
Enter onto from any District Facility at any tructed as a driveway:
Section 5.
(a) Any person propos to do any of the acts described in Section 4 of this ordinance all make an application for a right- of-way permit to the Distr
(b) The following shall be included on the application: (1) The location, ture and extent of work to be
k shall be
(3) The proposed date n work shall be completed: (4) Such other inform n as may be required by the District engineer. (c) Upon permit issuance the a ication shall become part of the permit.
Section 6. Permits- Requirements
If, in the opinion of the District ineer the work proposed to be done requires the making of plans the setting of stakes, or both, the District engineer may regui the application to be accompanied by the necessary plans, which ans shall be prepared by a competent engineer licensed by th State Department of Consumer Affairs.
Section 7. Permits--Commencement and co etion of work.
Every permittee shall commence work ulated in the permit application and diligently pursue to completion without interruption within the time period by the permit. Permits issued under this ordinance shall for the period of time specified in the permits, unless the strict engineer grants a time extension.
Section 8. Permits--Requirements for performan of work.
(a) The permittee shall perform the work in a t mely manner, k
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in accordance with applicable plans, specifications and District standards; and to satisfaction of the District engineer. (b) No person shall cause any improvement or appurtenant work to be performed upo any District facility within the District by any person other th a licensed contractor or a public utility. (c) All work all be inspected by the District engineer as follows:
-notice to the District engineer is all inspections: (3) All work n n conformance with approved plans and subject to rejection by the
Section 9. Permits--Accepta
If the District engineer, b both, determines that the work has requirements of this ordinance certificate of acceptance which location, nature, and extent o permit. work performed under the
Section 10. Permits --Denial and re
(a) The District may deny the i ce of a permit to any person who refuses or fails to comply the provision of this ordinance, who is indebted to the Dis ict for past permit violations or who in the judgment of the ct engineer has repeatedly violated permit procedures or to comply with conditions requiring protection of the public ealth and safety.
(b) Any permittee found in violation o e conditions of permit or the provisions of this ordinance shal given a written notice to comply, stipulating the violation. n receipt of a notice to comply, the permittee shall take correct the condition of violation within the period sti the notice. If within the period appropriate implemented, the District may revoke the
(cl A revoked permit may be reinstated if t demonstrates to the satisfaction of the District engine
(d) The District engineer shall require as a condition of permit reinstatement payment of all charges incurred by the District as a result of permit revocation including a five hundred dollar penalty for violation of the provisions of this ordinance.
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Section 11. Appeal procedure.
(a) Any person aggrieved by any decision of the District engineer with ect to the issuance, revocation or refusal to issue a permit al to the Board of Directors by filing a notice of app the secretary of the Board within ten calendar days a e date of the decision of the District engineer. (b) The seer shall thereupon fix a time and place for hearing such appea The secretary shall give notice to the appellant and applica permittee of the time and place of hearing by serving the notice rsonally or by depositing it in the United States Post Office in city, postage prepaid, addressed to such wn address. tors shall have the authority to on such appeal.
Section 12. EnCrOaChHI8n pplicant and permit fees.
Encroachment applicatio nd permit fees shall be charged by the District for the p an encroachment application and the issuance of an established by resolution o and is for the purpose of de application, issuing the requ inspection of works completed under the permit and ordinance.
Section 13. Performance deposits.
(a) As a condition of issuance of ncroachment permit, the District engineer may require posting a cash deposit or an equivalent security in a form acceptable the General Counsel. The District engineer may require that up ne hundred percent of any deposit be submitted in the form of a The cash deposit may be provide for re right-of-way of work, permittee or the permittee's agent fails to act in a timely m er to provide for the public health, safety or welfare. The dep shall otherwise be for the purpose of guaranteeing performance ork contemplated under the permit.
(b) The amount of the deposit shall be blished by the District engineer. (c) Upon completion and acceptance of work u r permit, any funds unused shall be refunded to the permittee and other bonds
or security is not sufficient for the protection o interest in the public places, the District engineer m additional deposit, or an increase in the security in s as he determines necessary. The permittee shall, up deposit the additional cash or security.
Upon failure or refusal to pay,
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revoke the permit and/or recover the deficiency by appropriate action in an urt of competent jurisdiction. Until such deficiency is in full, no other permit shall be issued to such
Section 14. ent of material or obstruction of District
all place or maintain any material or any ent to travel in or upon any District facilities without a rmit to do so. Persons vi ing provisions of this section shall be issued a notice of r al and given a specified time to remove such material, obstruct n or impediment. Any failure to comply with the notice is a public nuisance endangering the health, safety, and are of the public. In addition to any other remedy provided w for the abatement of such public nuisance, the District eng after giving notice, cause the work necessary to accompli assessed against the owner or obstruction. (c) Notice of removal sha be in writing and mailed to all persons whose names appear on the t egualized assessment roll as owners of real property creatin obstruction at the address shown of the assessment roll. e shall also be sent to any person known to the District engin to be responsible for any nuisance. The District engineer use at least one copy of such notice to be posted in a lace on the premises. No assessment shall be held inva ure to post or mail or correctly address any notice. tice shall particularly specify the work required to be done state that if the work is not commenced within twenty- after receipt of such notice and diligently prosecuted (w out interruption) to completion, the District shall cause such to be done. In which case, the cost and expense of such wor luding incidental expenses incurred by the District, will be ssed against the property or against each separate lot and be a lien upon such property.
(d) If upon the expiration of the twent our hour period provided for in subsection (c) of this section work has not been done, or having commenced, is not bei rformed with diligence, the District shall proceed to do such w or cause such work to be done. Upon completion of such work, forth the
together with a legal description of the property cost is to be assessed. The Board of Directors f place for hearing protest against the assessment o such work. The District or the secretary, if so direc board, shall thereafter give notice in writing to the project in the manner provided in subsection (c) of place that the Board of Directors will pass upon the engineer's report and will hear protest against the asse Such notice shall also set forth the amount of the p assessment.
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the date and hour set for the hearing of protests, ectors shall hear and consider the District and all protests, if there are any, and then proceed to con modify or reject the assessments.
Department for co ten days after nfirmation by the Board of Directors, the secretary shall to be filed in the office of the county recorder a notice o substantially in the following form:
TICS OF LIEN
Pursuant to nicipal Water District Ordinance No. , the Carlsbad Munic ater District did on the day of done in the Dist&ict facil
ibed below. The Board of er District did on the of cost or portion upon the real property hereinafter described, and the sam as not been paid nor any part thereof, and the Carlsbad Munici District does hereby claim a lien upon said property u ame sum with interest thereon at the maximum rate allow w from the date of the recordation of this instrument has been aid in full and discharged of record. The real property hereinbef ioned and upon which a lien is hereby claimed is that certai of land in the City of Carlsbad, County of San Diego, State of ifornia, particularly described as follows:
(Description of propert
Dated this
Secretary, Board of Directors
(h) From and after the date of recordatio uch notice of lien, the amount of unpaid assessment shall lien on the property against which the assessment is made, an uch assessment shall bear interest at the maximum rate allowed b in full. The lien shall continue until the nt of the assessment and all interest thereon has been paid. lien shall be subordinate to tax liens and all fixed special a previously imposed upon the same property, but shall over all contractual liens and all fixed special as which may thereafter be created against the proper after the date of recordation of such notice of lien, shall be deemed to have notice of the contents thereof.
section 15. Aboveground encroachments. \ Upon application thereof, and when it is determined t!hat it
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will not be detrimentalto the interests of the District, the Board of Directors may grant conditional permission to builders to install and m encroachments above ground level in public rights-of-way the District.
Section 16.
The District engin encroachment of curb r and fences. shall be conformance requirements and regulation of the Uniform Building Code, st edition.
Section 17. Relocation structures --Removal of encroachment.
The District engineer a duly issued permit u construction work or plac move the same at his own expense to such different location as is specified in ten demand of the District engineer, whenever such move is sary to ensure the safety and convenience of the District, may ire the application to contain a signed real property lien agre t by the applicant to this effect. The District engineer 1 specify in the demand a reasonable time within which the rk of relocation must be commenced, and the permittee must such relocation within the time specified in thereafter diligently prosecute the
Section 18. Holding District harmles Insurance.
The applicant for a permit, as a ition to receiving a permit shall sign a statement that he ag to indemnify and hold harmless the District and each officer an ployee thereof, from any liability to persons and loss or damag as a result of the design or under any permit granted pursuant to the application. The ap may be required to provide proof of liability insurance in unt of at least I one million dollars and may be requested to name e District as an additional insured under the insurance policy. T insurance shall be provided by a company satisfactory to deductible or self-insured retention under shall be in an amount acceptable to the District.
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Section 19.
and its employees, acting in their official capacity, are xempt from the requirements set forth in this ordinance. Introduced d first read at a meeting of the Board of Directors on the , 1992, and thereafter
a public hearing before the Board of Directors on the
By the following te to wit:
AYES:
NOES:
ABSENT:
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