HomeMy WebLinkAboutOrdinance No. 00-O11ORDINANCENO: oo—oll
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA AMENDING CHAPTER 62 OF THE
CITY OF AZUSA MUNICIPAL CODE
ENTITLED "CONSTRUCTION WORK IN STREETS"
WHEREAS, studies throughout the country have concluded that excavations in paved streets degrade
and shorten the life of pavement beyond to area of excavation, regardless of how well a trench is restored,
and
WHEREAS, the City Council of the City of Azusa conducted a public hearing on September 5, 2000,
to take public testimony regarding construction work in streets,
NOW, therefore, the City Council of the City of Azusa does hereby ordain as follows:
SECTION 1: Chapter 62, Article III is hereby amended to read as follows:
"ARTICLE III. CONSTRUCTION WORK IN STREETS
Sec. 62-76 Excavation in the Public Right -of -Way.
Chapter 62 shall govern excavation in streets, alleys, and other public places in the City of Azusa
under the jurisdiction and control of the Department of Community Development/Public Works. The
Director of Community Development/Public Works shall be responsible for managing the public right-of-
way.
Sec. 62-77 Definitions.
A. "Applicant" shall mean any owner or duly authorized agent of such owner, who has
submitted an application for a Permit to Excavate.
B. "Chapter" shall mean Chapter 62 of the Azusa Municipal Code.
C. "City" shall mean the City of Azusa.
D. "Department' shall mean the Department of Community Development/ Public Works.
E. "Deposit' shall mean any bond, cash deposit, or other security provided by the applicant.
F. "Director" shall mean the Director of the Department of Community Development/Public
Works, or his/her designee.
G. "Excavation" shall mean any opening in the surface or subsurface of the public right-of-
way.
H. "Facility" or "Facilities" shall mean any and all cables, cabinets, ducts, conduits, converters,
equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location
markers, tunnels, utilities, vaults and other appurtenances or tangible things owned, leased,
operated, or licensed by an owner or person, that are located or are proposed to be located
in the public right-of-way.
I. "Owner" shall mean any person, including any agency, department, or subdivision of the
City, who owns any facility or facilities that are or are proposed to be installed or
maintained in the public right-of-way.
"Permit" or"permit to excavate" shall mean a permit to perform an excavation as ithas been
approved or may be amended or renewed by the Department.
K. "Permittee" shall mean the applicant to whom a permit to excavate has been granted by the
Department in accordance with this chapter.
L. "Person" shall mean any natural person, corporation, partnership, or any governmental
agency, including any agency, department, or subdivision of the City, the State of
California, or United States of America.
M. "Public Right -of -Way" shall mean the area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks,
streets, and ways within the City, as they now exist or hereafter will exist and which are or
will be under the permitting jurisdiction of the Department of Public Works.
N. "Utility Excavator" shall mean any franchise owner whose facility or facilities in the public
right of way are used to provide gas, electricity, steam, water, sewer service,
telecommunications, video, or other services to customers regardless of whether such owner
is deemed a public utility by the California Public Utilities Commission.
O. "Public Utility Franchise" granted by the City of Azusa or the State of California is a
contract granting special privileges to use the public right-of-way. It is not intended that
this chapter of the Municipal Code impose additional rules or regulations which are
inconsistent with the rights or obligations under the franchise or confer authority to the City
that conflicts with the State's Public Utilities Code or the jurisdiction of the California
Public Utilities Commission.
Sec. 62-78 Written Permits Required to Excavate.
It is unlawful for any person to make or to cause or permit to be made any excavation in any public
right-of-way or make any improvements on, under, over or across any street, alley or public place within the
City of Azusa under the jurisdiction and control of the Department of Public Works, without first obtaining
from the Department a permit authorizing such excavation. No permit to excavate will be issued if the
applicant does not have legal authority to occupy and use the public right-of-way for the purposes identified
in the application. Budgeted capital projects of the City are exempt from the requirements of this chapter.
See. 62-79 Orders, Regulations, and Rules of City Departments.
In addition to the requirements set forth in this.chapter, the Department shall adopt such orders,
regulations, or rules, as it deems necessary in order to preserve and maintain the public health, safety,
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welfare, and convenience. All work in the public right-of-way pursuant to this chapter shall be performed
in accordance with the standard plans and specifications of the Department, the design manual, and any
Department orders, regulations, or rules, except where the Director grants prior written approval to deviate
from such standard plans and specifications, the design manual, orders, regulations, or rules.
Sec. 62-80 Applications for Permits to Perform an Excavation.
Applications shall be submitted in format and manner specified by the Director and shall contain:
A. The name, address, telephone, and facsimile number of the applicant. Where an applicant
is not the owner of the facility to be installed or maintained in the public right-of-way, the
application also shall include the name, address, telephone, and facsimile number of the
owner.
B. A description of the location, purpose, method of construction, and surface and subsurface
area of the proposed excavation.
C. A plat showing the proposed location and dimensions of the excavation and the facilities to
be installed, maintained, or repaired in connection with the excavation, and such other
details as the Department may require.
D. A copy or other documentation of the franchise, easement, encroachment permit, license,
or other legal instrument that authorizes the applicant or owner to use or occupy the public
right-of-way for the purpose described in the application. Where the applicant is not the
owner of the facility or facilities to be installed or maintained, the applicant must
demonstrate in a form and manner specified by the Department that the applicant is
authorized to act on behalf of the owner.
E. The proposed start date of excavation.
F. The proposed duration of the excavation, which shall include the duration of the restoration
of the public right-of-way physically disturbed by the excavation.
G. Written certification that all material to be used in the excavation, installation, maintenance,
or repair of facilities, and restoration of the public right-of-way will be on hand and ready
for use before any portion of the excavation is begun.
H. Written certification that the applicant and owner are in compliance with all terms and
conditions of this chapter, the standard plans and specifications, the design manual, orders,
regulations, and rules of the Department, and that the applicant and owner are not subject
to any outstanding assessments, fees, penalties, or other permit requirements.
A current Business Tax Certificate issued by the City of Azusa.
J. Evidence of a deposit as required by this Chapter.
K. Evidence of insurance for the applicant and owner as specified by the Department.
L. Any other information that may reasonably be required by the Department.
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Sec. 62-81 Action on Applications for Permits to Excavate.
A. After receipt of an application for a permit to excavate, the Department shall determine
whether an application is complete. If the application is deemed to be incomplete, the
Department shall advise the applicant in writing of the reasons for rejecting the application
as incomplete.
B. If the application is deemed to be complete, the Department, in its discretion, shall deny,
approve, or conditionally approve the application. In order to preserve and maintain the
public health, safety, welfare, and convenience, the Department may condition a permit with
specified requirements including, but not limited to, those that limit or modify the facilities
to be installed or maintained, the location of the facilities to be installed or maintained, and
the time, place, and manner of excavation.
C. If the application is denied, the Department shall advise the applicant in writing of the basis
of the denial.
D. If the application is approved or conditionally approved, the Department shall issue a permit
to the applicant.
Sec. 62-82 Terms and Limitations.
The permit shall specify the location and content of the excavation, the start date and duration of the
excavation, the permittee to whom the permit is issued, and any conditions placed on the permit.
Sec. 62-83 Duration and Validity.
Permits shall be void if construction has not begun within thirty (30) days of the start date specified
in the permit or if excavation, including restoration, has not been completed within the specified duration;
provided, however, that the Director, in his or her discretion may issue one 30 -day extension to the start date
and one 30 -day extension to the duration of excavation upon written request from the permittee.
Sec. 62-84 Non -Transferability of Permits.
Permits are not transferable.
Sec. 62-85 Emergency Excavation.
Nothing contained in this chapter shall be construed to prevent any person from taking any action
necessary for the preservation of life or property when such necessity arises during days or times when the
Department is closed. In the event that any person takes any action to excavate or cause to be excavated the
public right-of-way pursuant to this chapter, such person shall apply for an emergency permit by the end of
the next business day after the Department's offices are first opened. The applicant for an emergency permit
shall submit a written statement of the basis of the emergency action and describe the work performed.
See. 62-86 Moratorium Areas - No Permit Shall be Issued.
Permission to excavate in newly renovated streets will not be granted for three (3) years after
completion of street renovation as shown by the filing of a Notice of Completion. Utilities shall determine
alternate methods of making necessary repairs to avoid excavating in newly renovated streets. Exceptions
to the above are as follows:
A. Emergency which endangers life or property.
B. Interruption of essential utility service.
C. Work that is mandated by City, State or Federal legislation.
D. Service for buildings where no other reasonable means of providing service exists.
E. Other situations deemed by the City Council to be in the best interest of the general public.
All permits which are issued under A through E above shall be in accordance with the standards,
details and specifications established by and on file in the office of the Director.
Sec. 62-87 Liability and Indemnification.
A. Liability upon Permittee. Each owner and permittee is wholly responsible for the quality
of the work performed in the public right-of-way and both the owner and permittee are
jointly and severally liable for all consequences of any condition of such work and any
facilities installed in the public right-of-way. Neither the issuance of any permit, inspection,
repair, or suggestion, approval, or acquiescence of any person affiliated with the Department
shall excuse any owner and/or permittee from such responsibility or liability.
B. Indemnification, defense, and hold harmless. Each owner and permittee shall indemnify,
defend, and hold harmless the City of Azusa and its officers, agents, and employees, as well
as their associated and affiliated companies and their respective officers, agents and
employees from any and all suits, actions, losses, claims, and liabilities of every kind, nature
and description, including, but not limited to, attorney's fees and any injury or death to any
person(s) or damage to any property(ics) arising out of or in connection with the work
performed by it or on its behalf under a permit to excavate. Upon the request of the City,
the owner and/or the permittee, at no cost or expense to the City, shall defend any suit,
action, or legal proceeding asserting a claim for losses or liabilities, to the extent that any
such suit, action, or legal proceeding claims a loss covered by the terms of this
indemnification agreement.
Sec. 62-88 Deposit Required.
Before issuing such permit, the Director shall require the person, firm, company or corporation
applying therefor to deposit with the City, a sum sufficient to cover all fees of the City incurred or which
may be incurred in connection therewith. Upon the completion of the proposed work, if any portion of the
deposit so made remains in excess of the fees provided in this chapter, such excess shall, upon the
completion of the proposed work, be refunded to the person depositing the same.
See. 62-89 Security Required.
For all work requiring a permit by the terms of this chapter, with the exception of sewer laterals and
utility excavations, the person making application for permit shall provide, prior to the issuance of said
permit, security as required by the Director which shall include, at a minimum, a performance bond, a labor
and materials bond, and a warranty bond. The warranty shall run twelve (12) years from the recording of
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a Notice of Completion by the Director. The release of said security shall be governed by the California
Civil Code. Utility excavators shall post the security required by the Director in conformance with a
franchise agreement between the City and the utility excavator.
Sec. 62-90 Workmanship and Performance Warranty Fee.
A. All permits issued under the requirements of this chapter will include the payment of a non-
refundable Workmanship and Performance Warranty Fee to City. This Workmanship and
Performance Warranty Fee shall be imposed as follows:
Where the workmanship and performance ofthe permittee is limited to the statutory
one (1) year period, cuts are allowed with payment of a Workmanship and
Performance Warranty Fee as established by Resolution.
Where the permittee commits to a twelve (12) year workmanship and performance
warranty agreement with the City, cuts are allowed with payment of a limited
Workmanship and Performance Warranty Fee as established by Resolution.
Utilities operating under a franchise granted by the City that clearly includes an
explicit obligation to repair (warranty) any restoration quality defects, are exempt
from payment of the Workmanship and Performance Warranty Fee. Utilities
operating under a franchise that does not have explicit obligation to warranty and
repair may enter into an agreement with the City that provides a warranty and
security satisfactory to the City and thereby, during the term of the agreement, be
exempt from payment of the warranty fee. The agreement must comply with the
warranty and security requirements of this chapter.
4. Where permission to excavate in newly renovated streets has been granted pursuant
to Section 62-86, payment of the Workmanship and Performance Warranty Fee will
be required under 1 through 2 above.
B. In all cases where cuts are allowed, the permittee is required to patch their cuts to City
standards. All warranties shall include adequate security for the warranty period. All
pavement warranty fees received under the requirements of this section shall be expended
solely for the purpose of maintaining the workmanship and performance of City Streets.
See, 62-91 Additional Fees for Excavation.
In instances where administration of this chapter or inspection of an excavation is or will be
unusually costly to the Department, the Director may require an applicant to pay an additional sum in excess
of any amount charged elsewhere in this chapter. The additional sum shall be sufficient to recover actual
costs incurred by the Department and shall be charged on a time and materials basis. Whenever additional
fees are charged, the Director shall provide the applicant with an estimate of the additional fees.
Sec. 62-92 Underground Service Alert.
Any person excavating in the public right-of-way shall comply with the requirements of the
Underground Service Alert regarding notification of excavation and marking of subsurface facilities.
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Sec. 62-93 Limits Upon Excavation.
A. Scone. It is unlawful for any permittee to make, to cause, or permit to be made any
excavation in the public right-of-way outside the boundaries, times, and description set forth
in the permit.
B. Rock Wheel. Use of a rock wheel to excavate in the public right-of-way is unlawful without
prior written approval of the Director.
C. Trench -less Technoloey. Use of trench -less technology in the public right-of-way is
unlawful without the prior written approval of the Director.
D. Lane Closures in Excess of Twelve Hundred Feet Prohibited. No lane closures in excess
of twelve hundred (1200) feet will be allowed, except in cases of emergency or by consent
of the Director.
See. 62-94 Stop Work Order, Permit Modification, and Permit Revocation.
When the Director has determined a person has violated this chapter, any condition of the permit,
that an excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other
threat to the public health, safety, or welfare, or when the Director determines there is a paramount public
purpose, the Director is authorized to issue a stop work order, to impose new conditions upon a permit, or
to suspend or revoke a permit by notifying the permittee of such action in writing.
Sec. 62-95 Restoration of the Public Right -of -Way.
A. Like New Restoration. In any case in which the street, sidewalk, or other public right-of-
way is or is caused to be excavated, the owner and permittee shall restore or cause to be
restored such excavation to like new condition in the manner prescribed by the standard
plans and specifications, the design manual, orders, regulations, and rules of the
Department. As a minimum, trench restoration shall include resurfacing to a constant width
equal to the widest part of the trench excavation.
B. Modification to Requirements. Upon written request from the permittee, the Director, in
his or her discretion, may approve in writing modifications to the requirements of this
section.
C. Incomplete Work and Completion by the Department. In any case where an excavation is
not completed or restored in the time and manner specified in the permit, this chapter, the
standard plans and specifications, the design manual, or the orders, regulations, and rules
of the Department, the Director shall order the owner or permittee to complete the work as
directed within twenty-four (24) hours. If the owner or permittee should fail, neglect, or
refuse to comply with the order, the Director may complete or cause to be completed such
work in such manner as the Director deems expedient and appropriate. The owner or
permittee shall compensate the Department for any costs associated with the administration,
construction, consultants, equipment, inspection, notifications, remediation, repair,
restoration, or any other actual costs incurred by the Department or other departments or
agencies of the City made necessary by said work.
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Sec. 62-96 Repair by the Department.
A. In the event any person(s) fails, neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth in this chapter, the Director shall repair or
restore, or cause to be repaired or restored, such condition in such manner the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the Department for any costs associated with the
administration, construction, consultants, equipment, inspection, notification, remediation,
repair, restoration, or any other actual costs incurred by the Department or other
departments or agencies of the City made necessary by reason of the repair or restoration
undertaken by the Department.
B. Repair or restoration by the Department in accordance with this chapter shall not relieve the
person(s) from any and all liability at the site of the repair or restoration, including, but not
limited to, future failures.
Sec. 62-97 Emergency Remediation by the Department.
A. If in the judgment of the Director, the site of an excavation is considered hazardous,
constitutes a public nuisance, public emergency, or other imminent threat to the public
health, safety, or welfare that requires immediate action, the Director shall order the
condition remedied by written, oral, telephonic or facsimile communication to the owner,
applicant, or any agent thereof and shall designate the owner or applicant as the responsible
party.
B. If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action
to remedy the condition as specified in said communication, the Director shall remedy the
condition or cause the condition to be remedied in such manner as the Director deems
expedient and appropriate. The person(s) identified by the Director as the responsible party
shall compensate the department for any reasonable costs associated with the
administration, construction, consultants, equipment, inspection, notification, remediation,
repair, restoration, or any other actual costs incurred by the Department or other
departments or agencies of the City made necessary by reason of the emergency remediation
undertaken by the Department.
Sec. 62-98 Violation of Chapter.
The Director shall have authority to enforce this chapter. Upon a determination by the Director that
a person has violated any provision of this chapter, the standard plans and specifications, the design manual,
notices, orders, regulations, or rules of the Department, any term, condition, or limitation of any permit or
is subject to any outstanding fees, deposits, or other charges, the Director shall serve notice on said person
to abate the violation. Any person whom the Director determines to be responsible for violating this chapter
may be subject to any or all of the penalties specified in this chapter.
Sec. 62-99 Administrative Penalties.
A. The Director shall notify the person responsible for a continuing violation that they have
seventy-two (72) hours to correct or otherwise remedy the violation or be subject to the
imposition of administrative penalties. For violations subject to the incomplete work
provisions of this chapter, the person responsible shall be notified they have twenty-four
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(24) hours to remedy the violation or be subject to the imposition of administrative
penalties. For those violations that create an immediate danger to health or safety or are
otherwise subject to emergency remediation, the person responsible shall be notified they
must immediately remedy the violation or be subject to the imposition of administrative
penalties.
B. Administrative penalties may be assessed pursuant to Chapter 1, Section 1-24 of the Azusa
Municipal Code.
Sec. 62-100 Suspension of Applications and Permits.
No person subject to any outstanding violation of this chapter shall apply for nor be issued any
permit to excavate in the public right-of-way.
Sec. 62-101 Abandonment of Underground Facilities, Reports, and Maps.
A. Whenever any facility(ies) is abandoned in the public right-of-way, the person owning,
using, controlling or having an interest therein, shall, within thirty (30) days after such
abandonment, file in the office of the Director a statement in writing, giving in detail the
location of the facility(ies) so abandoned. Each map, set of maps, or plans filed pursuant
to the provisions of this chapter, shall show in detail the location of all such facility(ies)
abandoned.
B. It shall be unlawful for any person to fail, refuse, or neglect to file any map or set of maps
as required by this section.
Sec. 62-102 Identification of Visible Facilities.
All facilities installed pursuant to a permit to excavate that are visible from the surface of the public
right-of-way shall be clearly identified with the name of the current owner of the facilities. Within three (3)
months of change in ownership of a facility(ies), the identification required by this section shall indicate the
new owner.
Sec. 62-103 Depth of Gas or Water Pipe.
No pipes carrying water or gas shall be laid less than thirty (30) inches below the official grade of
any street, except by permit approved by the City Council."
SECTION 2: The existing Section 62-89 of the Azusa Municipal Code entitled "Parkway
Obstructions" shall remain, and is hereby added in its entirety to the amended Article III as Section 62-104.
SECTION 3: This Ordinance shall be posted in accordance with provisions of the Municipal Code
and shall become effective thirty (30) days from and after the date of its passage.
SECTION 4: The City Clerk shall certify the adoption of this ordinance and shall cause the
same to be published as required by law.
PASSED AND APPROVED this 18 day of Sep 2000.
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 011 was regularly introduced and placed upon its first reading at a regular meeting of
the City Council on the Sthday of Sep 2000. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 18 day of 52000, by the following vote, to
wit:
AYES: COUNCIL MEMBERS: HARDISON, STANFORD,%ROCHA, BEEBE, MADRID
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
APPROVED AS TO FORM::: �n o� —
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CITY ATTORNEY