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HomeMy WebLinkAboutOrdinance No. 2312 ORDINANCE NO. 2312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING TITLE 12 OF THE AZUSA MUNICIPAL CODE RELATING TO STREETS AND PUBLIC WORKS AND REPEALING CHAPTER 16 . 28 OF THE AZUSA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Title 12 of the Azusa Municipal Code is hereby amended to read as follows: TITLE 12--STREETS AND PUBLIC WORKS Chapter 12. 10 -- GENERAL 12 .10 . 010 Definitions. For the purpose of this Title the following words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context a different meaning is intended: A. Building or Structure. Building or structure shall mean, in addition to the meaning ordinarily ascribed thereto, any machine, implement, device, tree, derrick, stage or other setting, lumber , sash or door, structural steel pine bend, dynamo, transformer , generator , punch, agitator, object or thing having a width of more than eight feet, other than any implement of husbandry or any special mobile equipment , as defined in the California Vehicle Code having a width of ten feet or less . It shall mean also a vehicle or combination of vehicles or a size or weight of vehicle or load exceeding the maximum permitted by the State Vehicle Code. B. City Engineer . The City Engineer shall be deemed to be either the duly appointed City Engineer of the City or his authorized representative. C. Costs. Whenever any costs are to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs are the actual costs including the proportionate part of the salaries, wages, or other compensation of any deputy or employee, plus cost of overhead. D. Moving Contractor . Moving Contractor shall mean any person who for himself or for another moves or causes to be moved any building or structure over , upon, along or across any highway. E. Total Number of Tire Inches . Total number of tire inches shall mean that number calculated by adding the respective tire sizes as specified by PMT/ORD1996 -1- L � the manufacturer of all tires resting upon the surface of the highway. F. Width. Width shall mean that dimension measured at right angles to the anterior posterior axis of the conveyance upon which a building or structure or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved. 12.10 .020 Required Permits. No person shall do any of the following without first obtaining a permit from the City Engineer : A. Move or cause to be moved along any highway any building or structure. B. Make or cause to be made any excavation, fill, or obstruction of, or lay, construct or repair any curb, sidewalk , gutter , driveway, roadway, retaining wall, storm drain or culvert, highway light or highway lighting system, in, over , along, across, or through any street or public right of way. C. Erect, construct , place, maintain, leave or abandon any building, fence, porch, steps, post, pole, track, wire, pipe, conduit or other structure in whole or in part in or upon any street or public right of way. D. Place, affix, paint, maintain, leave or abandon any sign, placard, notice, advertisement, seat, table, stand, material or other obstruction in any street or public right of way. E. Place, affix or leave bus benches. F. Any other work on a street or public right of way. 12.10.030 Exceptions to Permit Requirement . The provisions of Section 12 . 10. 020 shall not apply to: A. United States mail boxes. B. Portable and usual garbage and rubbish receptacles when conforming to and placed in accordance with the laws of the City with reference thereto. C. Notices, placards, posters or any of the other articles or means above-mentioned or referred to erected or placed by any city or any other public officer , official or employee while acting within the scope of his office or employment as such public officer , official or employee. 12.10.040 Application for Permit . Application for a permit pursuant to this Title shall be made in writing to the City Engineer on forms provided by the City Engineer and shall contain the information required by this Title. PMT/ORD1996 -2- 12 .10 . 050 Permit: Hold Harmless. By filing an application, the applicant agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss, or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. The application form shall so provide as well . 12.10. 060 Charges for City Services. Whenever, under the provisions of this Title, barricades, warning devices, safety devices, or other structures, facilities, or devices are required, and it is determined by the City Engineer that lights, barricades, warning devices, structures, or other safety devices are needed in order to protect the public or to protect the property of others, but have not been provided, then such warnings, lights, barricades, or other safety devices or structures as may be deemed necessary may be located, placed, constructed, or furnished by the City. In such event the contractor , permittee, or person doing or causing the work to be done shall pay to the City the actual cost incurred for such action by the City. 12 .10 . 070 Permit Fees and Deposits. A. Applications for issuance of permits pursuant to this Title shall be accompanied by a nonrefundable fee in an amount specified by resolution of the City Council . B. Any deposits required by this Title shall be made prior to issuance of the permit . C. In the event any work or thing is done in or about public property for which a permit is required under this Chapter, and a permit is first not obtained, except under emergency conditions, then, in addition to the other charges set forth by such resolution of the Council, there shall be an additional charge as set forth by resolution of the City Council . D. If this State or any political subdivision thereof files with the City Engineer a written guarantee of payment of all costs for which it may become liable to the City, then neither an issuance fee nor deposit shall be required. E. The issuance fees required by the provisions of this Chapter are for the purpose of defraying the costs of issuing the requested permits. No part of any issuance fee may be refunded to any applicant. 12 .10 . 080 Issuance of Permit. The City Engineer may issue permits in accordance with the provisions of this Code and may impose such reasonable conditions upon the permit as are necessary and convenient to insure compliance with the provisions of this Code and protect the health, safety and welfare of persons within the City. 12 . 10 .090 Interference with City Engineer . No person shall prevent or obstruct, or attempt to prevent or obstruct, the City Engineer or his designated PMT/ORD1996 -3- • representative, in making any inspection authorized by this Code, or in taking any sample, or in making any test . 12 . 10 . 100 Appeals. Within ten ( 10 ) days following the conditional approval or denial of a permit by the City Engineer pursuant to this Title, the applicant may appeal in writing to the City Administrator . The City Administrator shall meet with the appellant and rule upon the appeal within fourteen ( 14) days following filing. Within ten days after the City Administrator ' s decision the applicant may appeal the City Administrator ' s decision to the City Council by written notice filed with the City Clerk . The Council shall hear from the applicant and decide the appeal within thirty ( 30) days of filing, but may continue the matter for good cause. The Council may, by resolution, impose fees for these appeals to cover the costs thereof. 12 . 10 .110 Datum Plane. Mean sea level is declared to be the datum plane or base line from which all elevations or surface points in the City are to be measured or estimated. 12 . 10 . 130 Design and Improvement Standards. The standards for street design and improvement within the City shall be those set forth in Title 18, or as specified by resolution of the City Council , and all streets hereafter opened, accepted or improved shall comply with these standards except to the extent that this requirement may be waived or altered by the City Council for good cause . 12. 10 . 140 Standard Specifications for Public Works. All construction in public right of way, except for State Highways, shall be in accordance with the City of Azusa Standard Plans on file in the office of the City Engineer . The "Standard Specifications for Public Works Construction" ( latest edition) promulgated by the Joint Committee of the Southern California Chapters of the American Public Works Association and the Associated General Contractors, commonly referred to as the "Green Book" is hereby adopted as the official construction specification for the City of Azusa; subject however to amendment or revision by the City Engineer when special conditions warrant. Construction on State Highway rights of way shall be in accordance with the Standards and Specifications of the California Department of Transportation. Permits for such construction shall be obtained from Caltrans as well as the City. Chapter 12 . 20 -- HOUSE MOVING 12. 20 .010 Scope. The provisions of this Chapter shall apply only to the moving of buildings and structures. 12 . 20 .020 Applications. Applications for permits shall be made in duplicate and in writing to the City Engineer, specifying the kind of building or structure to be moved, the approximate weight thereof as nearly as may be ascertained, the location of the building or structure, the location to which and the route over or along which such building or structure, and each section or portion of such building or structure, is to be moved, the number of sections in which the building or structure will be moved, the type and number of conveyances upon which the building or structure will be moved, the total number of tire inches thereof for each separate section to be moved, and the time when such building or structure, or portion thereof, is PMT/ORD1996 -4- proposed to be moved and within which such removal will be completed. 12. 20. 030 Tree Trimming. Within ten ( 10) days after the receipt of an application for a permit , the City Engineer shall determine the following: A. Whether the moving of any building or structure, as proposed in and over the route specified in the application, can be done without any excessive or damaging tree trimming, and he may suggest that a different route be required and the building or structure be moved in smaller sections . B. Whether the City Engineer shall do, or cause to be done, any tree trimming necessary or will issue a permit to do the necessary tree trimming. 12 . 20.040 Deposit. Each applicant shall, prior to issuance of the permit, deposit with the City Engineer an amount or bond as established by resolution of the Council . 12 . 20.050 Additional Deposit. If, in the opinion of the City Engineer, any special or general deposit, or any undertaking, or any combination thereof is not sufficient for the proper protection of the public interests in the highways, including any trees thereon, over which it is sought to move a building or structure, the City Engineer may require either an additional deposit or that the amount of the bond be increased to such an amount as he determines will be sufficient to protect such public interest . 12. 20. 060 Deductions and Refunds . A. The City shall deduct from the deposit made by each permittee the following amounts if not otherwise paid by the permittee: 1. The permit issuance fee; 2 . The costs of the services and transportation of any inspector ; 3 . The costs of any repairs made necessary because of the moving of the building or structure; and 4. The total cost of all tree trimming done by the City made necessary in order to move the building or structure as specified in the permit, including all such trimming after the moving of the building or structure to correct trimming done when the structure was moved. B. The remainder of any such special deposit, if there is any remainder, shall be refunded to the person making such deposit . In case the deposit made pursuant hereto shall not be sufficient to pay all fees and deductions provided for herein, the person to whom such permit is issued, shall, upon demand, pay to the City Engineer a sufficient sum to fully PMT/ORD1996 -5- cover the same. Upon failure to pay such sum, the same may be recovered by the city in any court of competent jurisdiction, and until paid, no further such permit shall be issued to such moving contractor . C. If a moving contractor makes and maintains an undertaking as provided in this Chapter , the deductions provided for in Sub-Section A need not be made. In lieu of such deductions, the City Engineer may bill the moving contractor for the amount due from him to the city under the provisions of this Part. If, fifteen days after such bill has been sent the moving contractor does not pay the same in full, then the City Engineer may recover upon such undertaking. 12. 20. 070 Application Changes. The City Engineer may make such changes in any application for a permit as in his opinion are necessary for the protection of the highways along or over which it is proposed to move the building or structure or to prevent undue interference with traffic or to avoid jeopardizing the safety of any persons using such highways. 12 . 20 . 080 Buildings and Structures Classified. All buildings and structures are hereby classified as follows for the purposes of this Chapter : A. Class "A" is any building or structure or any portion thereof which is moved on a motor truck or other vehicle or other vehicle propelled by its own power ; B. Class "B" is any building or structure or any portion thereof , not of Class "A" which is not more than 16 feet in width; C. Class "C" is any building or structure or any portion thereof, not of Class "A" which is more than 16 feet and not more than 22 feet in width; D. Class "D" is any building or any portion thereof, not of Class "A" which is more than 22 feet and not more than 28 feet in width; E. Class "E" is any building or structure or any portion thereof, not of Class "A" which is more than 28 feet and not more than 40 feet in width; and F. Class "F" is any building or structure or any portion thereof, not of Class "A" which is • more than 40 feet in width. 12 . 20 .090 Excessive Weight . The City Engineer shall not issue a permit to move any building or structure when the weight of such building or structure, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the California Vehicle Code, except that if it appears to the City Engineer that the size, shape or physical characteristics of the building or structure or portion thereof, to be moved, or of the highway over which such building or structure is to be moved, makes it PMT/ORD1996 -6- impossible or impracticable to keep within such weight limits, the City Engineer may issue a permit if by analysis of axle loads it is shown that street surface will not be injured. 12 . 20 .100 Issuance of Moving Permit. If an applicant for a permit complies in all respects with this Chapter and with all other applicable provisions of this Code, the City Engineers shall issue a permit to do the moving requested in the application as such application may be changed, if at all, by the City Engineer . 12. 20. 110 Display of Moving Permit. The moving contractor shall affix and maintain at all times while it is on the highway, in a conspicuous place on the building or structure to be moved, the permit for such moving. 12. 20.120 Additional Copies Required. If a building or structure is moved in more than one section, and more than one of such sections is moved at the same time, the moving contractor shall affix and maintain at all times while they are on the highway, in conspicuous places on each section on which the original permit is not affixed, true copies of such permit. Such true copies shall be issued by the City Engineer upon payment to him by the applicant of a fee set by resolution of the City Council . 12 . 20. 130 Expiration of Moving Permits. Each permit issued shall become null and void upon the expiration of the time specified in the application, unless the City Engineer extends the time, which he may do if, in his opinion, the moving of the building or structure, or any portion thereof, is impracticable because of inclement weather , acts of God, strikes, or other causes not within the control of the permittee. 12. 20 .140 Inspectors . The City Engineer may require that the moving of any building or structure be under the supervision of an inspector to be appointed by the City Engineer . 12. 20.150 Protection of Surfaces. When so required by the City Engineer , a moving contractor shall place under each dolly or wheel used in moving the building or structure boards or planks of adequate width and strength to carry the load without being broken and to serve as a runway for such dolly or wheel during such moving along any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving or resting on such surface, except upon such board, plank, or runway. 12. 20. 160 Repairs of Damages. The City Engineer may restore, or cause to be restored, every highway damaged by the moving of any building or structure thereon to a condition equivalent to that prior to such damages. The moving contractor who caused such damages shall pay the costs of the repair thereof to the City Engineer . 12 . 20 .170 Warning Lights. When a building or structure while being moved is located on any highway, at all times between sunset and sunrise the moving contractor shall keep burning a red warning light not over six feet ( 6 ' ) above the surface of such highway at each corner of such building or structure and, unless the City Engineer otherwise directs, on all sides and projections thereof at PMT/ORD1996 -7- intervals of not more than five feet ( 5 ' ) and shall comply with all other applicable safety regulations. 12. 20 .180 Tree Pruning. A permit granted under this Chapter shall not permit, license, or allow any person whatever, except the City Engineer, or his designated representative, to trim, prune, cut, or deface in any manner any tree upon any grounds or property belonging to the City or upon any road, street or highway. 12. 20 .190 Tree Pruning. At the request of a moving contractor holding an unrevoked permit granted pursuant to the provisions of this Chapter , the City Engineer, within a reasonable time after such request , if before the granting of the permit he elected so to do, shall cause the trimming of such trees under his supervision as it is necessary to trim, and where it will not harm the trees, to the extent required to move the structure to the location specified in the permit . Chapter 12. 30 -- EXCAVATIONS 12. 30 .010 Scope. The provisions of this Chapter shall apply only to permits for the making of excavations, fills, or obstructions on any street or public right of way. 12 . 30.020 Applications. A. Applications for permits for the making of excavations, fills, or obstructions shall state in detail: 1. The location, dimensions, purpose, extent, and nature thereof; and 2. The time during which it is estimated that such excavation or obstruction will exist. B. When excavations are made for service connections or for the location of trouble in conduits or pipes, or for making repairs thereto, the City Engineer may waive the filing of a plat. Otherwise each applicant for an excavation permit shall file with the application a plat, in quadruplicate, showing the highways in which the proposed excavations will be made, together with the exact locations and dimensions of the proposed excavations, and any other details which the City Engineer requires . C. Each applicant for a permit shall file with the City Engineer proof of the applicant ' s right to use the highways for the purposes set forth in the application. D. Every application shall contain a statement, signed by the applicant , that if any tank, pipe, conduit, duct , or tunnel placed in the excavation or obstruction for which a permit is issued interferes with the future use of the highway by the general public, the applicant, or his successors or assigns, will at his own expense remove such tank, pipe, conduit, duct, or tunnel or PMT/ORD1996 -8- relocate it at a location designated by the City Engineer . 12 . 30. 030 Changes in Applications . The City Engineer may condition approval of the excavation permit upon changes in locations, dimensions, character, and number of the proposed excavations or obstructions as in his opinion are necessary for the protection of the right of way within which it is proposed that the work be performed, or for the prevention of undue interference with traffic, or for the safety of persons using such rights of way. 12. 30 .040 Deposits . A. When it is required that an applicant for a permit file a plat with the City Engineer for the contemplated work, in addition to the other required fees a plat check fee equal to reasonable costs incurred by the City for the plat check shall be deposited in an amount set by resolution of the City Council . B. Except in the case of construction under a contract with the City where a faithful performance bond is posted which guarantees to the City the repair of the highway, including construction financed in whole or in part by special assessments , each applicant for a permit, in addition to the payment of the issuance fee, shall deposit with the City Engineer a sum of money which is twice the estimated cost, to the nearest Five and no/100ths Dollars ($5. 00) , of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or obstruction. In no event shall such sum be less than One Hundred and no/100ths Dollars ($100 .00) . The cost shall be estimated by multiplying the number of square feet of surface which may be damaged, as shown by the application and plat, and the number of inches of thickness of pavement, plus one inch, by such sum as the Council by resolution determines to most adequately represent the actual cost. C. No deposit shall be required under the terms and conditions of this section when the work for which the permit is issued is to be done by a corporation holding a valid and existing franchise from the City, or such corporation is subject to regulation by the Public Utilities Commission of the State, and the work to be done under such permit is in furtherance of the services to be provided under the franchise, or pursuant to regulation by the Public Utilities Commission of the State, and the corporation has assets in excess of Ten Million and no/100ths Dollars ($10,000,000) . D. General Deposits. In lieu of making the special deposit required by this Section, the applicant may make and maintain with the City Engineer a general deposit in an amount estimated by the City Engineer to be PMT/ORD1996 -9- sufficient to pay for the costs of permit issuance fees, plat check fees, and expected repairs occasioned by future excavations or obstructions . The general deposit shall be held and used for the same purposes as the special deposit prescribed by this Section. E. If, in the opinion of the City Engineer , any special or general deposit or any undertaking is not sufficient for the proper protection of the public interests in the right of way in which it is proposed to excavate or on which it is proposed to place obstructions, the City Engineer may require either an additional deposit or that the amount of the undertaking be increased to such an amount as he determines will be sufficient to protect such public interests . 12. 30 .050 Deposits, Deductions, and Refunds . A. The City shall deduct from any deposit made or maintained by the permittee: 1. The permit issuance fee if that has not otherwise been paid; 2 . The plat check fee, where applicable; 3. The cost to the City of refilling any excavation or removing any obstruction, or placing barricades and/or other warning devices; 4. The cost to the City of resurfacing the right of way; and 5. The cost of any inspection by the City Engineer . B. Fees: Deductions and Refunds . After making the deductions specified in this Section, the City shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust monies. C. If any deposit made is less than sufficient to pay all the fees and costs provided for in this Section, the permittee, upon demand, shall pay to the City an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, a permit shall not be issued to such permittee. 12. 30.060 Issuance of Permit . If any applicant for a permit complies in all respects with this Chapter and with all applicable provisions of this Code, the City Engineer shall approve or conditionally approve the application and the plat filed therewith and issue the permit. Upon approval of such application such plat shall PMT/ORD1996 -10- become public records. Permits issued pursuant to this Part shall be nontransferable. 12. 30 .070 Safety. A. Permittee shall at all times be responsible for safety at the excavation site. Nothing in this Chapter nor any action of the City Engineer shall be construed to relieve Permittee of his duties and obligations hereunder, nor impose any duly or liability upon the City, its officers or employees, in connection with the work or construction thereof. B. Permittee shall provide such traffic warning devices as are necessary to warn vehicular and pedestrian traffic of the excavation. The type and placement of the traffic warning devices shall meet or exceed the requirements for the kind of excavation as established by the latest edition of "Work Area Traffic Control Handbook" (WATCH) , published by the Southern California Chapter of the Americian Public Works Association. On State Highways, warning devices shall be in accordance with the Caltrans Traffic Manual . 12 . 30 . 080 Cancellation of Permit . The City Engineer may cancel a permit unless the work therein permitted is commenced within sixty ( 60 ) days of the issuance thereof and thereafter , in the opinion of the City Engineer, is diligently prosecuted to completion. 12 . 30. 090 Violation of Permit . No permittee shall make or cause to be made any excavation, or construct, put upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct, or tunnel in or upon, or under the surface of any highway, at any location other than that described in the application, as amended if amended, by the City Engineer , and shown in the plat filed with such application, or in any way contrary to the terms of the permit. 12. 30 . 100 Refilling of Excavations. A. Immediately upon completion of the work necessitating the excavation or obstruction permitted by any permit issued pursuant to this Part, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction. B. A permittee shall refill an excavation in the manner which the City Engineer determines is most effective to accomplish thorough compaction and enable the right of way to be restored to a condition equivalent to that in which it was prior to the excavation. C. If any permittee fails or refuses to refill any excavation which he has made, or remove any obstruction which he has placed in PMT/ORD1996 -11- any right of way, the City Engineer may so do and charge the cost thereof to the permittee. D. Upon completion of the refilling of the excavation the permittee shall so notify the City Engineer , in writing on a form prescribed by the City Engineer . E. Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the City Engineer orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one- half the thickness of the treated or modified surface or subgrade. F. If, after the refilling of an excavation the permittee fails or refuses to resurface that portion of the surface of the highway damaged by him, or if the City Engineer elects to do such resurfacing, the City Engineer may do such resurfacing. The cost of such resurfacing shall be charged against the permittee, except in those instances where the permittee ' s excavation is within an area of pavement to be immediately reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement. The cost shall be computed as provided in Section 12 . 30 . 040 G. If permittee fails or refuses to pay such additional costs upon demand, the city may recover such additional costs by an action against such permittee in any court of competent jurisdiction. Until such costs are paid the City Engineer shall not issue any permits to such permittee. 12. 30.110 Emergency Excavations. Nothing in this Chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe or conduit in any right of way, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the City Engineer are first opened subsequent to the making of such excavation. 12. 30 .120 Use of Right of Way. Every permit for an excavation in or under the surface of any right of way shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such right of way for any purpose for which such right of way may lawfully be used. 12 . 30.130 Excavations In New Pavement. A. No permit shall be issued which would permit an excavation or pavement cut in a pavement less than two ( 2) years old unless PMT/ORD1996 -12- the applicant can demonstrate clearly that the public health and safety require that the contemplated work be permitted. B. This prohibition shall not apply to public agencies or public utilities when repairs must be made to failed conduits or when a new service connection, which could not have been anticipated, must be made. C. If a permit is issued to open any pavement less than two ( 2) years old, an additional charge shall be made for such opening; provided, however, such charge may be waived when a public agency or public utility can demonstrate to the satisfaction of the City Engineer that the pavement opening is occasioned by circumstances beyond its control . D. The additional charge shall be four ( 4% ) percent of the regular resurfacing fee for each remaining month, or fraction thereof , of the two ( 2) years restricted period. For example, if the pavement is eighteen ( 18) months old when the opening is made, the additional charge will be twenty-four ( 24%) over the regular fee, or if the pavement is six ( 6) months old, the additional fee shall be seventy-two (72%) percent over the regular fee. E. If, by agreement, the permittee does his own pavement restoration under City inspection, the additional charge, plus inspection and permit fees, shall be paid by the permittee. 12 . 30.140 Parkway Obstructions. A. Landscaping shall be maintained in any residential parkway area subject to the provisions of this section by the owner of the adjacent property. "Parkway area, " for the purposes of this section, shall mean that unimproved area within the public right-of-way lying between the property line and the curb line of roadway line parallel thereto. B. All such landscaping shall be maintained in a good condition by the owner or occupant of the adjacent property and shall not constitute an appreciable obstruction or hazard to pedestrian or vehicular traffic. Upon the finding of the City Engineer that such landscaping constitutes an appreciable obstruction or hazard to pedestrian or vehicular traffic, the same shall be trimmed, modified, or removed as required by the Director of Community Development to remove such obstruction or hazard. In the event any landscaping is determined to be a hazard or an obstruction to pedestrian or vehicular traffic by the City Engineer and the only way to remove the obstruction or hazard PMT/ORD1996 -13- is to eliminate the landscaping, such landscaping shall be removed completely by the owner and at the expense of the owner . C. Failure to comply with this Section or the maintenance of landscaping as a hazard or obstruction to traffic is hereby found to be a public nuisance and may be abated pursuant to Chapter 15.08. Chapter 12 . 40 -- CONSTRUCTION PERMITS 12. 40 .010 Scope. The provisions of this Chapter shall apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, sanitary sewers, culverts, or other appurtenant structures within the right of way. This Chapter shall also apply to permits for the constructing, reconstructing, or repairing by any private person of any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to• public travel . No person shall engage in any such work without having first obtained a permit therefor . 12. 40 .020 Permit Applications. An applicant for a permit, pursuant to this Chapter , shall submit an application on a form issued by the City and shall state: A. The location, dimensions, purpose, extent, plans, materials and nature of the work; the materials to be used; and B. Such other information as the City Engineer may require. C. If, in the opinion of the City Engineer , 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 . 12 . 40 . 030 Fees. A. An applicant for a permit to construct any work described in Section 12. 40 . 010, shall pay an application fee and make a deposit for an engineering or inspection fee, in such amounts as the City Council may set by resolution. B. The engineering and inspection costs provided for in this Section shall be presumed to be the actual costs. A refund shall not be made to any applicant unless the inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned, or , if the contemplated construction was not constructed by the permittee, the applicant may apply for a refund of the unused fees, less an administrative fee set by resolution of the Council and the actual costs to the City of the required engineering and inspections . If such costs and fee are less than the deposit, PMT/ORD1996 -14- the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys. If the costs, plus the issuance fee, exceed the deposit , the permittee shall pay the excess to the City. If he does not so pay within fifteen ( 15) days, the City may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued. C. When a permit has been revoked by the City Engineer , the permittee may obtain a refund of any unused deposit made. No part of any issuance fee may be refunded. D. If so required by the City Engineer the permittee shall make proper arrangements for , and bear the cost of, relocating any structure, public utility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The City Engineer may elect to himself do the necessary relocation. In that case the permittee shall deposit with the City Engineer a sum of money estimated by him to be sufficient to pay the cost thereof . After such relocation, a refund shall be paid to, or a deficiency shall be paid by the permittee . 12. 40. 040 Issuance of Permit. If the applicant complies with all provisions of this Chapter and with all applicable provisions of this Code, the City Engineer may issue to the applicant a written permit to perform the work set forth in the application. 12 . 40 .050 Time To Do Work . Every permittee shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work in a diligent and workmanlike manner to completion. 12. 40 .060 Revocation of Permit. Unless in his opinion a good and sufficient reason exists for the delay, the City Engineer may revoke a permit unless work thereunder is commenced within sixty days of the date of issuance, or is not diligently prosecuted once begun. 12.40 .070 Coordination with Assessment District Work. The City Engineer may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work authorized by the permits or such portions thereof, is included in the proposed work to be done by any existing assessment district, or by any proposed assessment district, concerning the formation of which the debt limit report required by law has been filed. 12. 40 .080 Work. Inspection. The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of the City Engineer . 12. 40.090 Notice of Inspection. Not less than 24 hours before the commencement of any work covered by this Chapter , the permittee shall apply to the City Engineer for an inspector therefor . In such application he shall specify PMT/ORD1996 -15- the day and hour when, and the location at which, the work will be commenced. 12. 40 . 100 Safety. A permittee shall place and maintain at the work warning devices as are necessary to warn vehicular and pedestrians of the work under construction. The nature and placement of the warning devices shall meet or exceed the requirements for the type of work as set forth in the latest edition of "Work Area Traffic Control Handbook" (WATCH) , published by the Southern California Chapter of the American Public Works Association. On State Highways, warning devices shall be in accordance with the Caltrans Traffic Manual . 12.40 . 110 Completion. Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the City Engineer . 12. 40 .120 Certificate of Acceptance. If the City Engineer ascertains that the work has been completed according to the requirements of the permit issued therefor , and of all of the provisions of this Chapter , he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. 12 . 40. 130 Violation of Permit . No person shall perform any work covered by this Part in an amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor. 12 .40 .140 Removal of Debris. A permittee shall remove all material and debris as soon as possible and in all cases within three days of completion of the work. Chapter 12 . 50 -- TREES Sections: 12 . 50 .010 Superintendent defined. 12. 50. 020 Planting, maintenance responsibility. 12 . 50 .030 Master list. 12 . 50.040 Unauthorized work prohibited. 12 . 50 . 050 Work--Permit required. 12 . 50.060 Work--Interference with personnel prohibited. 12 . 50 .070 Harmful liquids and materials. 12 . 50.080 Protection required during building construction. 12 . 50. 090 Unapproved paving and plants in parkways. 12 . 50 .100 Monetary value. 12 . 50 . 105 Tree planting fees. • 12 . 50 . 110 Subdivision requirements . 12 . 50 . 120 Chapter enforcement . 12. 50 .010 Superintendent Defined. "Superintendent" as used in this Chapter , means the Director of Community Development or his authorized representative. 12 . 50 .020 Planting, Maintenance Responsibility. The planting and maintenance of all trees in or upon any street, park, parkway or public place in the City, and the pruning, trimming, and removal of the trees, shall be the responsibility of and subject to the supervision of the Superintendent, subject to the authority and control of the City Council. The Superintendent may authorize the removal or pruning by the City, or by any other person as herein PMT/ORD1996 -16- provided, of any tree or shrub in or upon any street, park, parkway or public place which interferes with the construction of any driveway, sidewalk, curb or other construction work, or the maintenance thereof, or any tree or shrub which is dead, or which creates a hazard to the public safety, or which does not conform to the type or variety designated for the particular place in which the same is situated. No tree shall be planted within ten ( 10 ) feet of a sanitary sewer lateral . 12. 50 .030 Master List . The Superintendent shall maintain a master list of trees approved by the City Council upon the recommendation of the Park and Recreation Commission for planting in streets and parkways throughout the City. The list shall designate the kind and variety of trees or shrubs to be planted upon any street , park, parkway or public place of the City. No person shall plant or install any tree or shrub upon any portion of any street, park, parkway or other public place which does not conform to the type, variety, location and spacing designated by this list and by this chapter for such portion of such street, park, parkway or public place, provided however , that owners of property fronting upon any street for which a type or variety of tree or shrub has not been designated, may petition the Superintendent to designate such type and variety, and if they are dissatisfied with the action of the Superintendent, may appeal to the Park and Recreation Commission which shall have the power to designate the type or variety of tree or shrub for such street or portion thereof . Any action of the Superintendent may be set aside, changed or altered by the City Council . 12. 50 . 040 Unauthorized Work Prohibited. No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, parkway or public place of the City without prior written permission and approval therefor from the Superintendent . The Superintendent is authorized to grant such permission at his discretion, and may grant the permission subject to the condition that any removed tree be replaced by a tree of the type designated for the street and meeting the specifications of the Superintendent and such other conditions as may be appropriate in the circumstances. 12.50 . 050 Work--Permit Required. Any person, except the City of Azusa, maintaining any overhead wires or any pipes or underground conduits along or across any street, park, parkway or public place of the City, or owning any property abutting upon any street , park, parkway or public place of the City, or proposing to erect, repair , alter , or remove any building or structure, desiring to have any tree, shrub or plant cut, trimmed, pruned or removed, may file with the Superintendent a written request for a permit for such work to be done and it shall be within the discretion of the Superintendent to require a written agreement upon the part of the petitioner to pay the costs thereof and to do such work in the way stipulated by the Superintendent before the issuance of any permit hereunder, or the Superintendent may have the work done by City forces at the cost and expense of the person requesting the work. 12.50 .060 Work--Interference With Personnel Prohibited. No person shall interfere with the Superintendent or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, PMT/ORD1996 -17- park, parkway or public place of the City, or in the removing of any substance or plant material from about the trunk or roots of any tree, shrub or plant in any such street, park, parkway or public place. 12.50.070 Harmful Liquids and Materials. No person shall cause, authorize or permit any brine water , oil, chemicals, or petroleum products or other substance deleterious to tree life to lie, leak, pour , flow or drip upon or into the soil in any parkway or about the base of any tree, shrub or plant in any street, park, parkway or public place of the City, or onto any sidewalk, road or pavement within the City as a point from which such substance may flow, drip or seep into the soil, injure the tree, shrub or plant , or to otherwise harm or kill any tree, shrub or plant. No person, without the written approval of the Superintendent shall place or maintain any stone, cement, or other substance so that it shall substantially impede the free access of water or air to the roots of any tree, shrub or plant in any street , park, parkway or public place of the City. 12. 50.080 Protection Required During Building Construction. During the erection, repair , alteration or removal of any building, house or structure in the City, no person in charge of such work shall leave any tree, shrub or plant in any street, park, parkway or public place of the City in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal . 12 . 50.090 Unapproved Paving and Plants in Parkways. The paving of or placing upon any parkway of any material or plant other than grasses or ground cover approved by the Superintendent or trees as specified on the aforesaid list shall be done only after a written permit therefor has been issued by the Superintendent. Any such paving or plants which have been placed without proper permit shall be removed at the expense of the property owner . Any unapproved plants or paving may be removed at the direction of the Superintendent at City expense. 12. 50. 100 Monetary Value. The joint formula of the National Arborist Association and the International Shade Tree Conference for calculation of the monetary value of all trees located in public places is approved and adopted. All persons causing damage to such trees shall be liable to the City in the amount indicated by formula. 12 . 50.105 Tree Planting Fees. A fee shall be charged for the planting of trees by the City as established by Resolution of the City Council . 12. 50.110 Subdivision Requirements. Each lot in any lot split or subdivision shall have installed in the street or parkway in front of such lot at least one tree, not to exceed sixty-five feet between trees, nor closer than thirty feet between trees, except as otherwise approved by the Park and Recreation Commission. All trees shall be guaranteed by the subdivider for one year from the first occupancy of each house. Exceptions shall be granted when the planting would be impracticable or serve no useful purpose. PMT/ORD1996 -18- 12 .50.120 Chapter Enforcement. The Superintendent shall adopt policies and rules for the effective enforcement of this chapter . SECTION 2. Chapter 16. 28 of the Azusa Municipal Code is hereby repealed. SECTION 3 . The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 2nd day of June 1986 . 4(pote....A 7)1441441 MAYOR PMT/ORD1996 -19- Nimw - 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. 2312 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of May , 1986. That thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of June , 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOL h SOLIS, Cit Cle PMT/ORD1996 -20-