Attachment 2
Revisions to Title 14 in Strikeout/Underline Format
San Marcos, California, Code of Ordinances
TITLE 14 CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; AND UNDERGROUND UTILITY
FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
TITLE 14
CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC
PLACESAREAS;, AND UNDERGROUND UTILITY FACILITIES
CHAPTER 14.04 HIGHWAYS AND TRAFFIC—APPLICATIONS, PERMITS, AND
GENERAL PROVISIONS
14.04.005 Purpose.
It is the purpose of this Chapter to protect the public interest and safety by establishing standards to provide for the orderly administration of private contract work within the public Right-of-way, for the development of private property, and for private encroachments and construction-related activity on public Rights-of-way or Public Places. construction related activity
14.04.010 Definitions.
For the purposes of this chapter Title 14 (“Title”), the following words shall have the meanings set out in this section:
(a) ApplicantApplicant. Mmeans any person making written application for a permit hereunder, except as specifically provided in section 14.25.050-.
(a) (b) Building or Sstructure. In addition to the meaning ordinarily ascribed thereto, includes any machine, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel, pipe 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 Vehicle Code of the State, having a width of ten feet or less. The term also includes a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum permitted by said the Vehicle Code. (b) (cb) Commercial driveway. Means any driveway that is not a "residential highwaydriveway" as defined in this section.
(c) Building Code. Mmeans the latest adopted code regulating uBuilding construction. (d) City. Mmeans the City of San Marcos.
(e) Civil Engineer. Mmeans a Professional Engineer registered in the State of California to practice in the field of civil engineering.
(b)
(c)(f) (cc) Director. Mmeans the City Manager Director of Developmental Services of the City of San Marcos or their designee.
(g) (ed) Driveway. Mmeans a commercial highway; any highway that is not a residential driveway. (d)(h) Emergency Work. Mmeans work determined to be of an emergency nature by the Director and that is caused by outages or a safety hazard to residents or employees, or a failure of systems that creates a situation that could possibly be detrimental to the health, safety, and welfare of City residents.
Created: 2021-03-31 20:31:45 [EST]
(Supp. No. 5)
(e)(i) (fe) Encroachment. Means Any tower, pole, polelinepole line, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this chapterEncroachment., which is placed in, under or over any portion of the highway. mMeans includes constructing, replacing, or maintaining on, over, or under, or using any Public Place so as to prevent, obstruct, or interfere with the normal use of that Public Place, including any culvert, surface or subsurface drainage fFacility, water quality Ffacility, pathway, private walk, embankment, tower, pole, pole line, pipe, pipeline, driveway, private road, wall, fence, billboard, stand, or bBuilding, or any sStructure or object of any kind or character not particularly mentioned in this Chapter. (j) Encroachment Work. Mmeans the work of constructing, placing, installing, repairing, or maintaining an Encroachment in the Right-of-Wway.
(k) Engineer of Record means the Civil Engineer with responsible charge for the grading and associated improvements; authorized to act for a property owner or agent in doing work covered by this Chapter; licensed by the State of California to practice in the relevant field; and responsible for preparation of the grading plans, certification of the completed grading work, and preparation of the record plans. (f)(l) (gf) Highway. mMeans any public highway, Ppublic Sstreet, public way, or Ppublic Pplace in the City, either owned by the City or dedicated to the publicheld as Right-of-way, and used for purpose of travel. (g) (hg) Moving contractor. Means any “person” as defined by subsection (k) of Section 14.04.010in section 470 of the Vehicle Code, as may be amended from time to time, and also includes the United States, this State, theis County of San Diego, and theis City, including all departments and bureaus thereof. (m) (ih) Person. Mmeans any person defined by subsection (k) of Section 14.04.010 natural person, firm, partnership, association, limited liability company, corporation, political body and/or business organization of any kind, whether for-profit or otherwise, and also includes the United States, this State, theis County of San Diego, and theis City, including all departments and bureaus thereof, except as specifically provided in section 14.25.050.
(n) (j) Permit. Mmeans the authorization from the Director to perform work, along with associated documents submitted by the ApplicantApplicant, together with applicable plans, Standards, Traffic Control plans, application, and pPermit conditions.
(o) Permittee means the Applicant or developer in whose name a valid Ppermit is duly issued pursuant to this Chapter and their agents, employees, and others acting under their direction. (kl) Public Place. Mmeans any Highway, Ppublic Sstreet, way, Right-of-way, place, alley, sidewalk, Ttrail, park, square, or any other public property owned or controlled by any government agency in a governmental capacity.
(li) Residential driveway. Means any driveway serving any property which is used solely as a private residence consisting of one, two, or three dwelling units, including farms or ranches, which are not used as retail outlets.
(p) Public Street. Means the full width of the surfaced or traveled portion, including shoulders, of any road, street, Hhighway, path, lane, alley., avenue, orf other pPublic way or Ppublic grounds held as Right-of-way; dedicated to, reserved for or used for vehicular traffic; and accepted as and declared to be part of the City system of public streets, except hHighways forming a part of the state highway system. (q) Right-of-way means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for street or hHighway purposes.
(r) (mj)Sidewalk. Mmeans any concrete sidewalk, made of either Portland Cement Concrete (PCC) or Asphalt Concrete (AC) or other public way used expressly for pedestrian traffic.
Created: 2021-03-31 20:31:45 [EST]
(Supp. No. 5)
(s) Standards. Mmeans the standards used by the City to govern the design, layout, materials, means, and methods for construction including the latest City-adopted Standard Specifications for Public Works Construction (Greenbook), City-adopted supplements to the Greenbook including City Special Provisions, San Diego Regional Standard Drawings, City-adopted supplement to the San Diego Regional Standard Drawings, Work Area Traffic Control Handbook, or any other adopted standard as may be deemed applicable to the Permit by the Director.
(t) Structure. See Building.
(u) They and Ttheir as used herein are the gender-neutral singular pronoun (such as he/she/they) and the associated possessive (his/hers/theirs).
(v) Traffic Control. Mmeans by which vehicular traffic is safely routed through a work zone. (h)(a) Total number of tire inches. Means that number calculated by adding the respective tire sizes as specified by the manufacturer of all tires resting upon the surface of the highway. (i)(w) (nk) Vehicle Code. Mmeans the Vehicle Code of the State of California.
1. (ol) Width. Means the dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the 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.
14.04.020 Application.
No Person shall do or cause to be done any work covered under this Chapter without first having obtained a City contract, City franchise, or a Permit under this Chapter to do such work. Every Aapplicantpplicant for a Ppermit or license required by this Ttitle shall make an application to the Director.
14.04.030 Application of Contractor.
In addition to the application required by Section 14.04.020, the contractor of any such Pperson also shall be required to obtain a Ppermit; provided, however, any contractor of theis City for Hhighway construction, improvement or repair shall not be required to obtain a pPermit pursuant to this Ttitle.
14.04.040 City Free From Liability.
The applicantApplicant shall agree to indemnify and/or hold harmless the City, each of its officers, and its employees from any liability or responsibility for accident, loss, or damage to persons or property arising by reason of the work done by the applicantApplicant, or his their agents, employeesemployees, or representatives.
14.04.050 Fee.
Every applicantApplicant for a pPermit or license required by this Ttitle shall at the time of making application for the pPermit or license pay the fees and make the deposits required for such pPermit or license.
The Applicant shall provide the required security to guarantee proper completion of the pPermitted work as described in this TitleChapter prior to pPermit issuance.
14.04.060 Fee or Deposit Exemption.
If the United States, theis State of California, this City or any other municipalityCity, any municipal corporation, school district, other specialpublic district, or public body files with the Director a written guarantee of payment of
Created: 2021-03-31 20:31:45 [EST]
(Supp. No. 5)
all costs for which they may become liable to the City, then neither an issuance fee nor deposit is required from such Ppersons.
14.04.070 Waiver of Prepayment of Fees.
At the request of the any Ppermittee who maintains with the Director a general deposit as provided in this TtitleChapter, the Director may waive the requirement forcovering prepayment of the issuance fees and bill said Ppermittee for issuance fees covering for those pPermits issued subsequent to such request; provided, however, that the amount of said deposit is sufficient to cover said fees and to provide for other contingencies for which it is submittedgiven. The Director may revoke such waiver at any time, and must revoke the waiver if the Ppermittee fails to pay thehis bill for fees within the required time.
14.04.080 Billing of Permittee Granted Prepayment Waiver.
Where the Director grants the waiver provided in Section 14.04.070, he shall bill the Ppermittee shall be billed at the end of each month monthly for all Ppermits issued during the month, and the Ppermittee shall pay said bill not later than the last day of the following month30 calendar days from the invoice date. The Director may in his discretion accept a personal check drawn on a bank located within San Diego County or Los Angeles County in payment of such bill provided the check is received by the Director not later than the 15th day of the month following the month covered by the billing. The acceptance of the check constitutes a payment of such bill when but not before the check is duly paid. All such checks shall be deposited daily by the Director with the City Treasurer.
14.04.090 Purpose of Fees.
The issuance fees required by the provisions of this title is Chapter are for the purpose of defraying the cost of issuing the requested Ppermit. No part of any issuance fee may be refunded to any applicantApplicant.
14.04.100 Deposit of Fees.
Issuance fees, deposits, and charges for repairs, inspection, or engineering services collected under the provisions of this Ttitle shall be deposited into the respective accounts funds from which the corresponding disbursements will be or were made. Deposits made by applicantApplicants shall be held by the City for a duration of three (3) x years following the completion and acceptance of the work for which the pPermit in question was issued from time of deposit, after at which time any those funds in excess of the amounts necessary to reimburse the City for or inspection, engineering, and/or related services, or to effectuate repairs for any damages caused to the City or to public property and/or equipment by the applicantApplicant and/or its contractor, may be declared abandoned and, upon the provision of duly required notice, if no application for return of such funds has been received, transferred to the City’s General Fund and used in a similar fashion for which the deposit was made.
Notwithstanding this Ssection 14.04.100, applicantsApplicants shall remain responsible for the cost of any repairs, inspection, or engineering costs associated with pPermit(s) issued by the City
14.04.110 Explanation of Costs.
Whenever in the provisions of this Ttitle any costs are to be charged to any Ppermittee, 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 not to exceed 15 percent of the total.
Created: 2021-03-31 20:31:45 [EST]
(Supp. No. 5)
14.04.120 Approval of Application.
The Director shall not approve the application unless it appears to him the Director that the work proposed to be done will not significantly damage the Hhighways nor create an unreasonable risk of harm to Ppersons or property and that the approval of said application is in the public interest. ; provided, however,Notwithstanding the foregoing, the Director may approve the application subject to conditions if the Director determines that by doing so it would be in the public interest, that no significant damage to the hHighways would be created, and that no unreasonable risk of harm to pPersons or property would be created.
14.04.130 Issuance of Permit.
When the Director approves an application for a Ppermit, and after all fees, costs, and deposits applicable to such Ppermit have been received by the City, the Ppermit will be issueda permit he shall issue the permit.
14.04.140 Application of Public Agencies or Public Utilities.
Notwithstanding the provisions of Section 14.04.120, the Director shall approve the application for Ppermit subject to conditions of any public agency, special district, or public Uutility having lawful authority to occupy the Hhighways and authorized by law to establish or maintain any works or facilities in, over, or under any public Hhighway. Any such Ppermit shall contain a provision that in the event that the future improvement of the hHhighway necessitates the relocation of its facilities, the Ppermittee will relocate the same at itstheir sole expense.
14.04.150 Conditions Mmay be Changed After Permit is Issued.
Any pPermit issued by the Director under any of the provisions of this Ttitle, or the conditions to which it has been made subject, may be amended or changed if the Director deems such amendment or change to be necessary for the protection of the hHighways, or to prevent undue interference with traffic, or to protect both Ppersons and property within or adjacent to such Hhighways from damage or danger, or to protect the public interest. Notification of the amendment or change shall be made by the Director either by mailing written notice to the Ppermittee or by personal service of the same on Ppermittee. The amendment or change shall be effective either 24 hours after said written notice is deposited in the United States mail or immediately upon completion of personal service. The Ppermit may provide for service by email; if the Ppermittee provides an email address, the amendment or change shall be immediately effective.
14.04.160 Revocation of Permit.
All pPermits other than those issued to public agencies or a public uUtility having lawful authority to occupy the hHighways are revocable on five days' notice. and tThe affected eEncroachment must be removed or relocated as may be specified by the Director in the notice revoking the Ppermit and within a reasonable time specified by the Director unless the Ppermit provides a specified time.
A Permit shall be immediately revocable with Director approval of the Permittee’s written request to revoke such Permit, or upon discovery that the facts are not presented accurately and/or correctly in the pPermit application.
14.04.170 Purchase of SpecificationsAvailability of Standards.
Copies of the specifications entitled "The Standard Specifications, Road Department of the County of San Diego,"Standards referred to in this Ttitle may be acquired from sold by the City or via the publisherDirector for the sum of $10.50. All or any portion of said specifications may be sold by the Director at the cost of producing the same,
Created: 2021-03-31 20:31:45 [EST]
(Supp. No. 5)
including administrative and associated costs. All moneys received pursuant to sales made under this section shall be paid into the City Treasury as provided by law.
14.04.180 Enforcement by Director.
The Director is authorized to enforce the provisions of this Ttitle.
14.04.190 Violation—Penalty.
Except where otherwise specifically provided by this Ttitle, every pPerson is guilty of an infraction who, before obtaining a construction, Eexcavation, or Eencroachment pPermit from the Director so to do:
(a) Moves or causes to be moved along any Hhighway any Bbuilding or Sstructure; or (b) Makes or causes to be made any Eexcavation, fill, or obstruction of, or lays, constructsconstructs, or repairs any curb, Ssidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert,. or other work of any nature in, over, along, under, across or through any Hhighway; or (c) Places, changes, or renews any Eencroachment in, under, or over any portion of a Hhighway.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.08 MOVING BUILDINGS AND STRUCTURES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:46 [EST] (Supp. No. 5)
CHAPTER 14.08 MOVING BUILDINGS AND STRUCTURES
14.08.010 Scope of Regulations.
The provisions of this Cchapter apply only to the moving of Bbuildings and Sstructures.
14.08.020 Definitions.
(a) Moving Ccontractor. Means any “person” as defined in section 470 of the Vehicle Code, as may be amended from time to time, and also includes the United States, this State, the County of San Diego, and the City, including all departments and bureaus thereof.
(b) Total number of tire inches. Means that number calculated by adding the respective tire sizes as specified by the manufacturer of all tires resting upon the surface of the Hhighway. (c) Width. Means the dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the bBuilding or Sstructure or portion thereof is or is to be loaded or moved, or to the median line of the Hhighway over which the same is being or is to be moved.
Permit Required.
No person shall move or cause to be moved along any Hhighway any Bbuilding or Sstructure without first obtaining from the Director a permit to do so.
14.08.030 Application for Permit.
No Pperson shall move or cause to be moved along any Highway any Building or Structure without first obtaining from the Director a Ppermit to do so. Every Applicant for a Permit or license required by this Title shall make an application to the Director.
Application for a Ppermit required by this Cchapter shall be made in duplicate and in accordance with Chapter
14.04. The application shall specify the kind of Bbuilding or Sstructure to be moved, the approximate weight thereof, as nearly as may be ascertained, the location of the same, the location to which and the route over or along which such Bbuilding or Sstructure and each section or portion of such Bbuilding or Sstructure is to be moved, the number of sections in which the Bbuilding or Sstructure will be moved, the type and number of conveyances upon which the same is to be moved, the total number of tire inches thereof for each separate section to be moved, and the time when such Bbuilding, Sstructure, or portion thereof, is proposed to be moved and within which such removal will be completed. The applicantApplicant shall attach to the application a copy of a valid Bbuilding Ppermit for the Bbuilding or Sstructure at its destination point, or in the case of intended storage, a copy of an appropriate special use Ppermit or other evidence that storage at the destination point is not in violation of the zoning ordinance.
14.08.040 Application Changes by Director.
The Director may make such changes in any application for a Ppermit as in his their opinion are necessary for the protection of the Hhighways along or over which it is proposed to move the Bbuilding or Sstructure or to prevent undue interference with traffic or to avoid jeopardizing the safety of any persons using such Hhighways.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
14.08.050 Permit Fee.
Every Pperson applying for a Ppermit required by this Cchapter shall at the time of making application for the Ppermit pay an issuance fee in an amount which shall be set by the Director and may be updated from time to time of $15.00.
14.08.060 Permit Affixed to Structure.
The mMoving Ccontractor shall affix and maintain at all times while it is on the Hhighway, in a conspicuous place on the Bbuilding or Sstructure to be moved, the Ppermit for such moving.
14.08.070 Copies of Permit on Sections of Structure.
If a Bbuilding or Sstructure is moved in more than one section, and more than one of such sections is moved at the same time, the Mmoving Ccontractor shall affix and maintain at all times while they are on the Hhighway in a conspicuous place on each section on which the original Ppermit is not affixed, true copies of such Ppermit. Such true copies shall be issued by the Director upon payment to him by the applicantApplicant of an issuance fee for each additional copy in an amount which shall be set by the Director and may be updated from time to timeof $0.25 for each additional copy.
14.08.080 Extension of Permit.
Each Ppermit issued shall become null and void upon the expiration of the time specified in the application unless the Director of Developmental Services extends the time, which theyhe may do if in his their opinion the moving of the building or sStructure, or any portion thereof, is impractical because of inclement weather, act of God, strikes, or other causes not within the control of the Ppermittee.
14.08.090 Classification of Buildings.
All Bbuildings and Sstructures are classified as follows:
(a) Class A is any Bbuilding or Sstructure or any portion thereof which is moved on a motor truck or other vehicle propelled by its own power;
(b) Class B is any Bbuilding or Sstructure or any portion thereof, not of Class A which is not more than 16 feet in Wwidth;
(c) Class C is any Bbuilding or Sstructure or any portion thereof, not of Class A which is more than 16 feet and not more than 22 feet in Wwidth;
(d) Class D is any Bbuilding or Sstructure or any portion thereof, not of Class A which is more than 22 feet and not more than 28 feet in wWidth;
(e) Class E is any Bbuilding or Sstructure or any portion thereof, not of Class A which is more than 28 feet and not more than 40 feet in wWidth;
(f) Class F is any Bbuilding or Sstructure or any portion thereof, not of Class A which is more than 40 feet in Wwidth.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
14.08.100 Deposits According to Classification.
Every applicantApplicant for a Ppermit from whom an issuance fee is required, who does not maintain a sufficient general deposit with the Director, shall deposit with the Director the applicable fee for the cClass of Ppermit to be processed, as delineated in Section 14.08.090, above.:
(a) One hundred dollars for a Class A permit;
(b) Fifty dollars for a Class B permit;
(c) One hundred dollars for a Class C permit;
(d) Two hundred dollars for a Class D permit;
(e) Four hundred dollars for a Class E permit;
(f) Six hundred dollars for a Class F permit.
14.08.110 Tree Trimming Deposit.
Before any Ppermit is issued, in addition to any deposit made as required by Section 14.08.100, the Mmoving Ccontractor shall also deposit with the Director an amount equal to that estimated by him the Director pursuant to Section 14.08.12013.12.120 to cover the cost of necessary tree trimming.
14.08.120 Estimate of Tree Trimming Costs.
If examination of the application and/or route to be traversed discloses that the proposed moveing will require the trimming of trees, the City shall estimate the cost of such trimming of trees growing upon any grounds or property belonging to the City or upon the Hhighway, as is necessary:
(a) At the time the Sstructure is moved to facilitate the moving thereof; (b) Subsequent to the moving of the Sstructure to correct previous trimming done when the Sstructure was moved.
14.08.130 General Deposit in Lieu of Special Deposits.
In lieu of making the special deposits required by Sections 14.08.100 and 14.08.110, the Mmoving Ccontractor may make and maintain with the Director a general deposit in a sum equal to the amount of the special deposit for the highest class of Bbuilding or Sstructure which theyhe desires, expects, or intends to move. This general deposit shall be held and used for the same purpose as said special deposits. While such general deposit is maintained in an amount sufficient to cover the amount of the deposit required for the removal of any Bbuilding or Sstructure sought to be moved, the Mmoving Ccontractor need not make any special deposit.
14.08.140 Additional Deposit.
If, in the opinion of the Director, any special or general deposit is not sufficient for the proper protection of the public interest in the hHighways, including any trees thereon, over which it is sought to move a Bbuilding or Sstructure, the Director may require an additional deposit in such amount as they determines will be sufficient to protect such public interest.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
14.08.150 Increase in Deposit to Cover Higher Class.
Before any permitteePermittee moves any Bbuilding, or Sstructure, or portion thereof, of a class higher than the class for which theye haves made any general or special deposit, the permitteePermittee shall increase such deposit by in an amount sufficient to cover the class sought to be moved.
14.08.160 Deductions From Deposit.
The City shall deduct from the deposit made or maintained by each permitteePermittee:
(a) The Ppermit issuance fee if that has not otherwise been paid; (b) The cost of the services and transportation of any inspector appointed pursuant to Section 14.08.190; (c) The cost of any repairs made necessary because of the moving of the Bbuilding or Sstructure; (d) The total cost of all tree trimming done by the Director made necessary in order to move the Bbuilding or Sstructure as specified in the Ppermit, including all such trimming after the moving of the Bbuilding or Sstructure to correct trimming done when the Sstructure was moved.
14.08.170 Refund or Deficiency Payment.
The remainder of any such special deposit, if there is any remainder, shall be refunded to the Pperson making such deposit, or to his their assigns, upon request therefor pursuant to Section 14.04.100. In case the deposit made pursuant to this Ttitle shall not be sufficient to pay all fees and deductions provided for in this tTitle, the pPerson to whom such pPermit is issued, shall, upon demand, pay to the Director City a sufficient sum to fully 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 Ppermit shall be issued to such Mmoving Ccontractor.
14.08.180 Billing in Lieu of Deductions.
If a Mmoving Ccontractor makes and maintains a general deposit with the Director, the deductions provided for in Section 14.08.160 need not be made. In lieu of such deductions, the Director may bill the Mmoving Ccontractor for the amount due from the Moving Ccontractorhim to the City under the provisions of this Ttitle. If, 15 days after such bill has been sent, the Mmoving Ccontractor does not pay the same in full, then such amount may be deducted from his the Moving Ccontractor’s general deposit and Sections 14.08.160 and 14.08.170 shall apply.
14.08.190 Supervision by Inspector.
The Director may require that the moving of any Bbuilding or Sstructure be under the supervision of an inspector to be appointed by the Director. The permitteePermittee shall pay to the Director an amount equal to the compensation and cost of transportation of such inspector during the time they are is assigned to such inspection.
14.08.200 Planks Required Under Dollies on Wheels.
When so required by the Director, a Mmoving Ccontractor shall place under each dolly or wheel used in moving the Bbuilding or Sstructure, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along any portion of any Hhighway which has a surface other than natural soil. The Mmoving Ccontractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank, or runway.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
14.08.210 Charge for Damage to Highway.
The Director may restore, or cause to be restored, every Hhighway damaged by the moving of any Bbuilding or Sstructure thereon, to a condition equivalent to that prior to such damage. The Mmoving Ccontractor who caused such damage shall pay the cost of the repair thereof to the DirectorCity.
14.08.220 Warning Lights.
When a Bbuilding or Sstructure, while being moved, is located on any Hhighway, at all times between sunset and sunrise the Mmoving Ccontractor shall keep burning a red warning light not over six feet above the surface of such Hhighway at each corner of such Bbuilding or Sstructure, and unless the Director otherwise directs, on all sides and projections thereof at intervals of not more than five feet.
14.08.230 Defacing Trees Not Permitted.
A pPermit granted under this Ttitle does not permit, license, or allow any pPerson, except the Director, to trim, prune, cut, or deface in any manner any tree upon any grounds or property belonging to the City or upon any road, streetstreet, or Hhighway.
14.08.240 Trimming of Trees.
At the request of a Mmoving Ccontractor holding an unrevoked pPermit granted pursuant to the provisions of this chapter, the Director within a reasonable time after such request, shall trim such trees under his their supervision as it is necessary to trim, and where it will not harm the trees, to the extent required to move the Sstructure to the location specified in the pPermit.
14.08.250 Permit for Structures Exceeding Permissible Weights.
The Director shall not issue a pPermit to move any Bbuilding or Sstructure when the weight of such Bbuilding or Sstructure, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the Director that the size, shape or physical characteristics of the Bbuilding or Sstructure or portion thereof to be moved, or of the Hhighway over which such Bbuilding or Sstructure is to be moved, makes it impossible or impracticable to keep within such weight limits, the Director may issue a pPermit:
(a) To move a Bbuilding or Sstructure on a vehicle every wheel of which is equipped with rubber tires where the total weight of both Bbuilding or Sstructure and vehicle does not exceed 60,000 pounds; or (b) To move a Bbuilding or Sstructure on a vehicle every wheel of which is equipped with pneumatic tires.
14.08.260 Permit for Specific Equipment—Fee—Bond.
(a) The Director may in his their discretion, if good cause appears, issue a pPermit authorizing the applicantApplicant to operate or move over and along Hhighways specific pieces of mobile mechanical equipment, on specific vehicles or specific pieces of mechanical equipment or specific vehicles, or emergency public Uutility equipment on specific vehicles. Any such Ppermit shall be subject to the following conditions:
(1) The pPermit shall be limited to specified Hhighways or a specified area of the City and shall specifically describe the Hhighways or the area of the City to which it is limited. This limitation shall be fixed by the Director so as to afford protection to Hhighways and the traveling public;
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
(2) The granting of the pPermit shall in no way relieve the permitteePermittee from liability for damage to the Hhighways or to Pperson or property;
(3) The Ppermit shall be issued for a specific period of time designated by the Director and set forth in the Ppermit, which period shall not exceed one year;
(4) The pPermit may be issued subject to such other conditions as the Director deems necessary for the protection town of the highways and the traveling public protection of the Hhighways and the traveling public.
(b) The application for a pPermit pursuant to this section shall be made on a form furnished by the Director and shall contain the information required by Section 35781 of the Vehicle Code and such other information as may be required by the Director including the power unit to be used to tow any oversize or overweight trailer coaches. The application shall be accompanied by payment of a fee of $55.00 which shall be in lieu of any other fee prescribed by this title. Prior to the issuance of any pPermit, the applicantApplicant shall file deposit with the Director in the amount of $5,000.00 for the protection of Hhighways from injury and to provide indemnity for any damage resulting from the operation or movement under the permit.
The filing of such bond shall satisfy the provisions of this chapter requiring the deposit of money with the Director, insofar as any permit issued pursuant to this section is concerned, and a single $5,000.00 bond may in the discretion of the Director be deemed sufficient security for the issuance of one or more permits to the same applicantApplicant pursuant to this section. The fees, deposits, and bonds referenced in this section
14.08.260 shall be in an amount set by the Director based on a reasonable estimate of the staff time and costs necessitated by the same, and may be updated from time to time, in the Director’s discretion.
14.08.270 Insurance in Lieu of Bond.
In lieu of the surety bond specified in Section 14.08.260 the Director may accept a certificate of insurance certifying that the applicantApplicant for the pPermit has an insurance policy in the amount specified by the Director, but not less than $5,000.00 property damage, to which there has been attached and executed an Oversize- Overweight Vehicle Permit Endorsement on a form approved by the Director.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.12 EXCAVATIONS, FILLS AND OBSTRUCTIONS
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:47 [EST] (Supp. No. 5)
CHAPTER 14.12 TEMPORARY EXCAVATIONS, FILLS AND OBSTRUCTIONS
14.12.010 Definitions.
For the purposes of this Cchapter, words or phrases shall have the meaning established by Section 14.04.010 and as defined below.the Definitions as listed within Title 14 of the Municipal Code shall determine the meaning of words found within this chapter except those words as listed in this section:
(a) Applicant. Means any person making written application to the Public Works Director for an excavation permit hereunder.
(a) Backfill. Means the material used to fill in an excavation. (b) (cb) Conflicting Utility. Means a facility held by one firm that is located in such a manner that it conflicts with the placement of a structure from another utility. (c) (c) Director. Means the City Manager for the City of San Marcos, or his designee. (d) (d) Emergency Work. Means work which is caused by outages or a safety hazard to residents or employees, or a failure of systems that creates a situation that could possibly be detrimental to the health, safety, and welfare of the City residents.
(e) (e) (a) Excavation. Means any opening/closing in the surface of a pPublic pPlace made in any manner whatsoever, such as cutting, digging, removal, displacement, or any other movement of soil, sand, gravel, rock or other similar material to access or install a Uutility or other Ffacility, except that access via a prior lawful structure such as a vault or pull box except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the pPublic pPlace is not Eexcavation.
1. (b) (f) Facility. Means any pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, cable, junction box, transformer, pole, anchor or any other material, sStructure or object of any kind or character, whether enumerated herein or not, thatwhich is or may be lawfully constructed, left, placed, or maintained in, upon, along, across, under, or over a pPublic pPlace. (g) First Phase of Excavation. Means the actual excavation, backfill and temporary street patch.
(f) (h) Final Phase of Excavation. Means the complete and permanent restoration of the street surface to standards included within this chapter.
(c) (gi) Mark Out. Means the process of locating Ssub-structure facilities on the surface and marking those locations with paint, tape, or other method of demarcation etc. and by means of contacting Underground Service Alert (USA) as required by law.
(a) (hj) Minor Excavation. Means all single Eexcavations, exploratory eExcavations, or potholes that are less than five feet deep and less than ten square feet in excavated surface areasize. (b) (k) Pavement Management System. Means the system employed by Public Works to rate the condition of a roadway using a predetermined index.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
(i) Permit. Means the authorization from the Ddirector to perform work, along with associated documents submitted by the Applicant, together with applicable plans, Standards, Traffic Control plans, application, and permit conditions.
(c) (jl) Person. Means any person, firm, partnership, association, corporation, company, political body, or organization of any kind.
(d) (km) Public Place. Means any public street, way, place, alley, sidewalk, trail, park, square, or any other public property owned or controlled by any government agency in a governmental capacity. (e) (n) Public Works Inspector. Means the Public Works Inspector employed by or contracted by the City of San Marcos.
(f) (lo) Sidewalk. Means any concrete sidewalk, made of either Portland Cement Concrete (PCC) or Asphalt Concrete (AC) or other public way used expressly for pedestrian traffic. (mp) Street. Means any street, highway, alley, avenue, or other public way or public grounds in the City used for vehicular traffic.
(g) (n) Standards. Means the standards used by the City to govern the design, layout, materials, means and methods for construction which includes the latest City- adopted Standard Specifications for Public Works Construction (Greenbook), City- adopted supplements to the Greenbook, San Diego Regional Standard Drawings, City- adopted supplement to the San Diego Regional Standard Drawings, or any other adopted standard as may be deemed applicable to the Permit by the Director. (h)(e) (oq) Substructure. Means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other Ffacility located below the surface of any pPublic pPlace. (i) (pr) Traffic Control. Means by which vehicular traffic is safely routed through a work zone. (f) (qs) Trail. Means any trail or graded path, either natural or composed of asphalt concrete, Portland cement concrete, decomposed granite, graded earth, or wood mulch used for pedestrian, animalanimal, or bicycle traffic.
(j)(g) Utility. Means the lines, facilities, and appurtenances for the transportation, distribution, and control of water, stormwater, sanitary sewer, gas, electricity, oil, steam, television, telegraph, telephone, fiber, communications, and supporting members other than Bbuildings. (Ord. No. 2003-1196, 8-26-03)
14.12.020 Scope of Regulations.
The provisions of this Cchapter apply only to Ppermits for the making of temporary Eexcavations, fills, or obstructions, for the purpose of installing or repairing utilities, including, but not limited to, sanitary sewer, storm drainage, domestic and irrigation water, oil and natural gas, electrical power, data communication, telephone, and television signals; both main and lateral lines.
(Ord. No. 2003-1196, 8-26-03)
14.12.030 Permit —Required for Excavation.
No pPerson shall excavate, tunnel, fill, obstruct, or cause to undermine; make or cause to be made any Excavation; deposit, place, or leave any material in, upon, or under, or in any manner break up any Sstreet, Ssidewalk, Ttrail or other Ppublic Pplace, or make or cause to be made any Eexcavation in or under the surface of any Ppublic Pplace for any purpose, or deposit, place, or leave upon any Ppublic Pplace any earth or other excavated materialto
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
in any way obstructing or tending to interfere with the free use of the Ppublic Pplace , or fill any Eexcavation in any public place, unless such person shallwithout first have obtaininged an Eexcavation Ppermit therefor.e from the Director.
The Director is hereby appointed and authorized by the City to process and handle Excavation Permits applied for within the City. Application for a Permit required by this Chapter shall be made in accordance with Chapter 14.04 of the San Marcos Municipal Code.
(Ord. No. 2003-1196, 8-26-03)
Such application will be submitted to the Director at least two working days prior to the proposed work. The City shall require a minimum of two working days in order to review the application package. The Permit shall be issued by the Director upon determination of the suitability of the application and its attachments and upon payment of fees associated to the Permit.
(Ord. No. 2003-1196, 8-26-03)
14.12.040 Permit Application- Administrative Requirements—Application.
The Director is hereby appointed and authorized by the City to process and handle Eexcavation Ppermits applied for within the City. Application for a Ppermit required by this chapter shall be made in accordance with Chapter 14.04 of the San Marcos Municipal Code. The aapplication shall, at a minimum, address specify in detailthe followingbelow administrative requirements.
:
(a) (a) The name, and address, email, and phone of the following:
(1) of the AapplicantPerson requesting the proposed work; (2) Person proposed to perform the work;
(3) Person proposed to perform the required paving and/or surface restoration; (4) Person or entity responsible for the perpetual maintenance and repair of the work; and (5) Entity responsible for the inspection of the work
(Ord. No. 2003-1196, 8-26-03)
(b) Current City business license.
(c) 24-hour phone number to reach Applicant for emergencies. (d) Insurance certificate in a form acceptable to the City namingadditionally insuring the City, its officers, and employees as as additional insureds under the applicable insurance policy, per Section 14.12.150. (e) Schedule, including the estimated duration that such Excavation or obstruction will exist. (f) Cash deposit, bond, or surety in a form acceptable to the City guaranteeing the performance of the work, restoration of the Public Place, and satisfactory performance of the restoration for a 12-month warranty period, as per Section 14.12.150.
(g) Permit fees.
(h) Other such information as may be required by the Director. .
(b) The location, dimensions, purpose, extentextent, and nature of the Eexcavation, fill, or obstruction.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
(c) The time during which it is estimated that such Eexcavation or obstruction will exist. (d) The method of Traffic Controltraffic handling, in the form of a traffic handling plan prepared by the applicant or their engineer, around the construction.
(e) Other such information as may be required by the Director.
No Ppermit shall be issued unless a standard City application form for the issuance of any Eexcavation Ppermit is submitted to the Director. The standard application form shall be accompanied by: plans showing the location and extent of the proposed work, by plans showing how traffic will be controlled through the work zone of the proposed work, by a liability insurance certificate which additionally insures the City, its officersofficers, and employees, and, by a cash deposit or surety bond which guarantees both the restoration of the Hhighway surface and the adequate maintenance, for a subsequent 12-month period, of such restoration. Such application will be submitted to the Director at least two working days prior to the proposed work. The City shall require a minimum of two working days in order to review the application package. The Ppermit shall be issued by the Director upon his determination of the suitability of the application and its attachments and upon payment of fees associated to the Ppermit. (Ord. No. 2003-1196, 8-26-03)
14.12.050 Permit Application- Plan Requirements
Each application shall contain information as deemed necessary by the Director, such as plans and/or exhibits to adequately depict the following information listed below. Plans, structural details, and trench cross section must be signed and stamped by a licensed Civil Engineer, when legally required. (a) Name of the street to be eExcavated and the nearest cross street. (b) Minimum distance of proposed eExcavation from the face of curb or berm or edge of pavement. (c) Distance of proposed eExcavation from the nearest intersection. (d) The size of the eExcavation (length and width).
(e) The location of any proposed above-ground facilities, including:
(1) Construction detail, location, size, design criteria, and the purpose of the Ffacility to be installed.
(2) Distance from curb and any street facilities or furnishings. (3) Location of doors and door swings together with required clearances. (4) At the discretion of the Director, the plan may show the approximate location of the fFacility, provided that a signed and stamped “As-Built” of the precise location is provided prior to release of any deposit or security.
(f) The location of any existing facilities and the location of proposed underground facilities including:
(1) Conduit, vaults, maintenance holes, traffic loops and detectors, pipes, etc. (2) Structural detail and additional information for Sstructures to be installed such as vaults and maintenance access.
(g) Cross section of a typical trench indicating:
(1) The approximate depth of the Ffacility to be installed. (2) Trench backfill depth, compaction and layer depths. (3) Pavement section detail (type and depths).
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
(h) The proposed construction methods for installation. (i) A tTraffic cControl plan and/or applicable Work Area Traffic Control Handbook (WATCH) sStandards.
Determination of Responsibility.
The applicant shall indicate on the permit application the following information: wWho is requesting the proposed work, wWho will actually be performing the proposed work, wWhich agency will maintain the facility being installed or repaired, Wwhich agency will provide inspection services, and who will actually be performing the paving portion of the proposed work.
(Ord. No. 2003-1196, 8-26-03)
14.12.060 Proof of Right to Use Highway.
The Director may require each applicantApplicant for a permit to file with himsubmit proof of an applicantApplicant’s right to use a Hhighway or Public Place for the purposes set forth in the application. (Ord. No. 2003-1196, 8-26-03)
14.12.070 Location Changes Required by Director.
The Director may require changes in the location of the proposed Eexcavations, fills, or obstructions as may be necessary to prevent undue interference with the use of the Hhighway or Public Place for other lawful purposes. (Ord. No. 2003-1196, 8-26-03)
14.12.080 Permits Subject to Use of Highway or Public Place by Others.
Every Ppermit for an Eexcavation in or under the surface of any Hhighway or Public Place shall be granted subject to the right of the City or of any other pPerson entitled thereto, to use that part of such Hhighway or Public Place for any purpose for which such Hhighway or Public Place may lawfully be used. (Ord. No. 2003-1196, 8-26-03)
14.12.090 Permits Nontransferable.
Permits issued under this Cchapter are nontransferable. (Ord. No. 2003-1196, 8-26-03)
14.12.100 Commencement of Work—Cancellation of PermitsTimely Commencement and Prosecution of the Work.
(a) The Director may cancel a Ppermit unless the work is commenced within 60 days of the issuance thereof and thereafter, in the opinion of the Director, is diligently prosecuted to completion. (b) Any Permit is automatically rendered null and void if work is not started six months after date of issuance. (c) The Applicant shall prosecute with diligence and to the satisfaction of the Director all work covered by the Permit.
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
(d) The Applicant shall promptly complete such work restoring the street or pPublic pPlace as near as possible to its original condition not later than forty-eight (48) hours after the original cut, unless extended by the Director.
(e) The permanent completion of the Excavation work shall be completed not later than thirty (30) calendar days after the original street cut.
(Ord. No. 2003-1196, 8-26-03)
14.12.110 Applicant Responsible for Removing ObstructionsCity’s Prior Rights and Applicant Responsibility for Facility Relocation.
(a) Every application shall contain Applicant’s signed a statement, signed by the Aapplicant, that as to any eEncroachment not placed in a rRight-of-way which is prior in time and/or right to the City's rRight-of-way, if any tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line placed in the Eexcavation or obstruction for which a Ppermit is issued interferes with the subsequent improvement, grading or realignment of the Hhighway or Public Place by the City then the AapplicantApplicant and his their successors or assigns will at his their own expense remove such tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line, or relocate at a location designated by the Director. (b) No Uutility owned by the City shall be moved to accommodate the Applicant without prior Director approval. Upon such agreement, any and all costs associated with such work shall be borne by the Applicant.
(c) Nor shall the City shall not be required to pay for moving utilities, when acting as an Applicant unless State or Federal law requires said payment. The cost of moving Conflicting Utilities shall be borne by the Applicant unless other arrangements with the owner of the Uutility are made, or unless State orand Federal law specifies otherwise.
(Ord. No. 2003-1196, 8-26-03)
14.12.120 ApplicantApplicant Responsible for Maintaining Facilities.
Every application shall contain a statement, signed by the AapplicantApplicant, that as to any Ffacility placed within the City's rRight-of-way, that the AapplicantApplicant shall agree, that if any failure to an obstruction or Ffacility were to occur, that the AapplicantApplicant, Uutility, or franchisee for which the Ffacility is placed shall be responsible for the restoration, in perpetuity of time, of their Ffacility, its sStructure and any aeffected public improvements. The sStructure shall include subgrade, points of load-bearing, eExcavations, trench backfills, and fills within which is found the Ffacility. Public improvements shall include Streets, roadways, drainage facilities, Ssidewalks, Ttrails, shouldersshoulders, and Ppublic Pplaces. (Ord. No. 2003-1196, 8-26-03)
14.12.130 ApplicantApplicant Responsible for Maintaining Surface Restoration.
Upon permanent completion of the surface restoration of the work area, the AapplicantApplicant shall subsequently be responsible for the maintenance of the surface restoration for a period of 12 months from the opening of the street to public traffic, except for ordinary wear and tear. Any settlement, cracking or raveling of the
Created: 2021-03-31 20:31:46 [EST]
(Supp. No. 5)
surface restoration area within a 12-month period shall be evidence of defective surface restoration. The Aapplicantpplicant shall restore the backfill or surface area as required by the Director and shall subsequently be responsible for the maintenance of the surface for a period of 12 months following the restoration. Any failure by the Aapplicantpplicant to restore the backfill or the surface area upon order of the Director shall be cause for the City to draw down or claim upon deposits or sureties held by the City in order to make the necessary repairs as determined by the Director. The Aapplicantpplicant shall request that the Director make a final inspection of the surface restoration area at the end of the 12-month maintenance period. Upon request of the ApplicantApplicant and the inspection and findings of a satisfactory of condition of the surface restoration area and finding that the same is satisfactory, the Director shall release deposits and sureties held, less any outstanding fees, costs, etc., owed to the City, to the Aapplicantpplicant.
(Ord. No. 2003-1196, 8-26-03)
14.12.140 Fees.
Every person, unless exempted by law, applying for a Ppermit required by this chapter and requiring City inspection services shall, at the time of making application for the Ppermit, pay a the then-currentn issuance fee and an Iinspection fee, in amounts determined by the Director to be necessary for staff review and administrative costs associated with such permitting and inspection activities, of an amount as determined by the City Council and as adopted by City Council Resolution..
(Ord. No. 2003-1196, 8-26-03)
14.12.150 Deposits, Surety, and Liability Insurance.
Every Pperson applying for a pPermit required by this cChapter shall, at the time of making application for the permit, provide sureties or deposits and evidence of insurance as required by the Director. , which shall provide assurance for the proper restoration of existing or new improvements. The surety or deposit shall , which shall provide assurance for the proper restoration of existing or new improvements and. also provide assurance that the restoration remains in good condition, as determined by the Director, for a warranty period of 12 months following the permanent completion and acceptance by the Inspectorthe Director’s acceptance of for the work performed under the Ppermit. The City shall hold the surety or deposit for the 12-month warranty a period. of 12 months after the Director's acceptance of the work performed under the permit. The surety or deposit may be claimed upon orCity may claim or drawn upon the security or deposit by from by the City if the Aapplicantpplicant fails to conform to the conditions of the Ppermit or of this cChapter. The surety or deposit may be claimed upon or drawn from by the City for the payment of fees to the City and costs incurred by the City associated with the enforcement of the conditions of the Ppermit. The Applicant may request the release of the balance of the security or deposit upon successful completion of the 12-month warranty period.
(a) Deposits. Except as provided in this section, each AapplicantApplicant for a Ppermit in addition to the payment of the issuance fee shall deposit with the Director both the pPermit issuance fee and a sum of money which is twice the estimated cost of repairing the Hhighway or Public Place which may be damaged or destroyed by the proposed Eexcavation or obstruction. The deposit cost shall be estimated, multiplying the number of square feet of surface area that may be damaged, as shown on the application and accompanying plans, by such sums, as determined by the Director, which most accurately represents the actual cost of the repair. The Director may change and revise such sums from time to time. No deposit shall be less than $2,000.00 per Eexcavation.
(1) Where the deposit as calculated above in this section will exceed $5,000.00, an exemption from the provisions of this section may be granted for the excess above $5,000.00 to an AapplicantApplicant for a pPermit in case of a contract secured by a public agency, special district,
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
or by a public Uutility company authorized to occupy a City Hhighway or Public Place under terms of a franchise granted by the City or under the terms of a franchise issued by the State. The public agency, special district, or public Uutility company for whom the work is to be performed shall submit to the Director a written guarantee of restoration of the hHighway to the satisfaction of the Director and a guarantee of payment of all costs for which the agency or the company or their contractor may be liable to the City as a condition for such exemption. The public agency, special district, or public uUtility company for whichwhom the work is to be performed shall submit to the Director a written certification that the restoration of the Hhighway or Public Place to the satisfaction of the Director is a condition precedent to the acceptance of the work by the public agency, special district, or public Uutility company.
(2) If, in the opinion of the Director, any above- described deposit is not sufficient for the proper protection of the public Hhighways or other Public Place in which it is proposed to eExcavate or on which it is proposed to place obstructions, the Director may require ans additional deposit in such amount as they determines will be sufficient to protect such public interest. (b) Surety. As an alternative to a cash deposit, the applicantApplicant may provide a surety bond in an the amount of $5,000.00 payable to the City which shall be sufficient to assureensure restoration of the Hhighway or other Public Place, maintenance of the restoration of the same for 12 months after permanent completion,. and payment of fees described within this section. The surety bond must be:
1) Wwith good and sufficient surety;,
2) bBy a surety company authorized to transact business in this State;, 3) Ssatisfactory to the City Attorney in form and substance;, and 4) Cconditioned upon the ApplicantApplicant’s applicants compliance with items described with in this Cchapter.
If, in the opinion of the Director, any above-described surety is not sufficient for the proper protection of the public Hhighways or other Public Place for the work covered by the Permitin which it is proposed to excavate or on which it is proposed to place obstructions relating to the excavation, the Director may require a different or an additional surety amount in such manner or amount as they determines will be sufficient to protect such public interest.
(c) Liability Insurance. Every Pperson applying for a Ppermit required by this Cchapter shall at the time of making application for the Ppermit provide required satisfactory evidence of public liability insurance for the protection of the City and the applicantApplicant against claims for injury or death to any Pperson or persons, or damage to any property, arising out of the performance of the work, as required by the City, pursuant to applicable City policies in place at the time of application. The contractor shall purchase and maintain a Commercial General Liability Policy on an "occurrence" basis with minimum limit of not less than $1,000,000.00 combined single limit for bodily injury and property damage and general aggregate limit of not less than $2,000,000.00 (or current limit, if greater) providing deductibles or self- insured retentions not to exceed $25,000.00. Such policy shall specifically name the City, its officers and its employees as additionally insured. Such policy shall guarantee payment of any final judgment rendered against the applicant or the City, within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such applicant. Such policy shall not be terminated or cancelled except upon 30 days written notice to the City. If requested by the applicant, the City shall keep in its file a copy of the applicant's insurance certificate and thereby eliminate the need to provide a copy of the certificate with each excavation application.
(d) Waiver. In the case of a public Uutility, special district, or other public agency, the Director of Public Works, may waive any or all of the requirements of this Section (14.12.150). This waiver, if granted, shall
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
be granted based on the presentation of evidence that satisfactory safeguards exist that protect the City, the traveling public and otherwise accomplish the intent of this section. (Ord. No. 2003-1196, 8-26-03)
14.12.160 General Requirements.
(a) Maintain Permit at the Site. A copy of the Eexcavation Ppermit shall be available for review on the job site at all times.
(a)(b) Comply with Applicable Standards. All work completed under this Cchapter, unless otherwise specified in this Cchapter, shall follow and comply with the Standards. Further, a detail drawings as shown in Section 14.12.340, most current Standard Specifications for Public Works Construction ("Green Book") and the most current San Diego Area Regional Standard Drawings. A copy of such items will be on file and available for public inspection in the office of the Director. All work conducted under this Cchapter shall comply with the Safety Orders issued by the California State Division of Industrial Safety, which are determined to be necessary for the protection of employees, pedestrians, and other persons, particularly children using or properly in or upon such public Sstreets, thoroughfares, Hhighways, Ssidewalks, Ttrails or Ppublic Pplaces, or in the immediate vicinity thereof. The Director may, at his sole discretion, modify the requirement of Attachment "A" from time to time as determined necessary. (c) Maintain Access to and Through Public Places. The working areas shall be confined so as not to obstruct roadways, dDriveways, Ssidewalks, and or Ttrails, or other Public Places. (1) ; so that nNot more than one lane of traffic shall be closed at any time, unless specific permission is granted otherwise. Upon approval of a written application to the Director, Streets, Driveways, Public Places, or other areas may be closed for specified periods. (2) Temporary roadways, Ddriveways, and walks shall be constructed where required. (3) Upon approval of a written application to the Director, Sstreets, Ddriveways, Public Places, or other areas may be closed for specified periods. Free and unobstructed access shall be provided to all Ddriveways, Residential Driveways, and private property access, mailboxes, fire hydrants, water gates, valves, manholes, drainage Sstructures, communication facilities, and other public service Sstructures and property.
(d) The Aapplicant shall take appropriate measures to assure that prompt replacement of detector loops or installation of video detection to ensure traffic conditions remain as near to normal as practical at all times. Minimize Public Inconvenience.
(1) The AapplicantApplicant shall take appropriate measures to assureensure that occupants of abutting properties and the general public are notified well in advance of the work and shall experience as little inconvenience as possible.
(2) Applicant shall conduct and carry out the work so as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. (e) Comply with Working Hours.
(1) The Applicant shall comply with the working hours and days set forth in the Standards. (2) Working hours may be extended with the express written permission of the Director, if the Director deems it necessary for the health, safety, or welfare of the community. (3) Working hours may be restricted by the Director, if the Director deems that the public interest requires restrictions be placed on the working hours.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(f) Maintain Traffic Control During Construction. The applicantApplicant shall route and control traffic, including its own vehicles, as directed by the municipal law enforcement agency, in accordance with sStandards or as indicated safety operations for traffic control as outlined within Appendix "A" of the San Diego Area Regional Standard Drawings and as indicated by the approved traffic controlhandling plans which have been prepared by the AapplicantApplicant or his Applicant’s engineer. (1) The AapplicantApplicant shall erect and maintain suitable barriers to confine excavated earth from Eencroachment upon the hHighways.
(2) The AapplicantApplicant shall construct and maintain adequate and approved safe crossings over eExcavations in order to accommodate pedestrian and vehicular traffic. (1)
(2) Signage and other tTraffic Ccontrol devices shall be put in place in accordance with the Standards, approved tTraffic handling cControl plan, or Ppermit conditions. Non-standard signage and Ttraffic Ccontrol devices used in Traffic Control will not be allowed. The applicant shall provide two (C17) Road Work Speed Limit signs two inches by two inches as authorized by Section 22362 of the Vehicle Code in areas where the speed limit exceeds 25 MPH. This section provides authority to post a speed limit not less than 25 miles an hour at locations where employees of any contractor, or of the agency in charge of the job, are engaged in work upon the roadway. This sign should be placed within 400 feet of the zone where workers are on the roadway or so nearly adjacent as to be endangered by traffic. It shall only be used in conjunction with appropriate advance warning signs. The signs shall be removed promptly when no longer applicable.
(3) The applicant shall provide two suitable signs of at least two feet by three feet in dimension denoting the fact that the excavation of the public street is being accomplished by that particular company and contractor. These signs will be located at either end of the job site in a location which will allow the traveling public to observe said signs. This requirement is applicable for all excavations, except that major development project signs will satisfy the intent of this requirement.
(Ord. No. 2003-1196, 8-26-03)
14.12.170 Preservation of Monuments Within Roadway.
IWhere plans are submitted, it shall be the responsibility of the engineer in responsible charge of the workEngineer of Record to show on the Permit plans which all monuments in the vicinity of the work and to note each monument of record is tothat may potentially be disturbed. The Aapplicant shall not disturb any. No monuments of record shall be disturbed found on the line of the improvements without permission of the Director., and the permitteePermittee shall bear the expense of resetting any disturbed monuments or stakes that may be disturbed. A licensed surveyor shall complete all work of resetting any monuments or stakes and a Ccorner Rrecord shall be filed with the County Recorder before acceptance of the work. Upon proper notification, which is seventy- two (72) hours (within 72 hours prior to start of Eexcavation), the City will locateprovide its records of any monuments, using the most current map available from Engineering, all existing monuments for the Aapplicant. (Ord. No. 2003-1196, 8-26-03)
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
14.12.180 Backfill Requirements.
Material for Backfill shall be as indicated in applicable Standards in place at the time of Permit issuance unless otherwise approved by the Director. Materials shall be installed by appropriate equipment to meet the requirements set forth in the Standards. Deleterious, inferior, or poor quality Backfill will not be accepted by the City.
Working Hours, Noise, Dust, and Debris.
Each Aapplicant shall conduct and carry out the work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. Normal working hours for excavations are 7:00 a.m. to 4:30 p.m. Monday thru Friday, excluding City recognized holidays. Night work may be required if necessary to avoid severe traffic congestion. The Aapplicant shall comply with the working hours and days set forth in the Standards. The Aapplicant shall take appropriate measures to reduce to the fullest extent practical, noise, dust, and unsightly debris. Working hours may be extended with the express written permission of the Director, if the Director deems it necessary for the health, safety, and or welfare of the community. Working hours may be restricted by the Director, if the Director deems that the public interest requires restrictions be placed on the working hours.
(Ord. No. 2003-1196, 8-26-03)
14.12.190 Removal, and Protection, and Restoration of Utilities. (a) Notification. The Aapplicantpplicant shall be responsible for notifying the affected utilities, agencies, and special districts, which that own utilities within the area of the AapplicantApplicant’s work, that work is going to be performed which may affect existing facilities. (b) Underground Service Alert. The AapplicantApplicant shall be responsible for notifying Underground Services Alert or the current uUtility location service of the need to Mmark Oout existing utilities within the area of the AapplicantApplicant's work.
(c) Potholing. The AapplicantApplicant shall conduct exploratory Mminor Eexcavation or pothole to determine the exact location of all existing uUtilities and associated Facilities within the area of the AapplicantApplicant's work.
(d) Protection of Existing Facilities. The AapplicantApplicant shall support and protect, as recommended by the Uutility owner, Ssubstructure apparatus that may be in any way affected by the Eexcavation work. The AapplicantApplicant shall do everything necessary to support, sustain, and protect existing utilities under, over, along, or across said work.
(e) Interference with Existing Facilities. The Applicant shall not unreasonably interfere with any existing utilities without the written consent of the Director and the uUtility company or pPerson owning the Facility.
(1) If it becomes necessary to remove an existing Uutility, the Applicant shall complete removal only after appropriate notification to Underground Service Alert (USA) as required by law. (2) The Aapplicantpplicant shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electrical conduit, communication Ffacility or any other Ssubstructure.
(f) An Aapplicant shall not unreasonably interfere with any existing utilities without the written consent of the Director and the utility company or person owning the Facilityutility. If it becomes necessary to Formatted: Indent: Left: 0.38", Hanging: 0.31",
Numbered + Level: 1 + Numbering Style: a, b, c, … +
Start at: 1 + Alignment: Left + Aligned at: 0.58" +
Indent at: 0.83"
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
remove an existing utility, the owner shall complete this only after appropriate notification to Underground Service Alert (USA) as required by law. No utility owned by the City shall be moved to accommodate the Aapplicant, unless the Director agrees. Upon such agreement, any and all costs associated with of such work shall be borne by the Aapplicant; nor shall the City be required to pay for moving utilities, when acting as an Aapplicant unless State or Federal law requires said payment. The cost of moving Cconflicting Uutilities shall be borne by the Aapplicant unless other arrangements with the owner of the utility are made, or unless State and Federal law specifies otherwise. Restoration of Traffic Control Devices. The Applicant shall take appropriate measures to ensure that prompt replacement of detector loops or installation of video detection to ensure traffic conditions remain as near to normal as practical at all times.
(Ord. No. 2003-1196, 8-26-03)
14.12.200 Protection of Adjoining Property.
The AapplicantApplicant shall at all times and at its sole his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purposes of support.
Where , in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the AapplicantApplicant shall obtain prior permission from the owner of such property for such purpose.
The AapplicantApplicant shall, at theirits soletheir own expense, shore up and protect all Bbuildings, walls, fences, or other property likely to be damaged during the progress of the Eexcavation work and shall be responsible for all damage to public or private property, or public Sstreets, and/or Public Places resulting from its failure to properly protect and carry out said work.
Care shall be exercised during trenching operations, particularly where trenches are in the vicinity of mature trees and their extensive root systems. The construction layout should be located away from the trees, however, in some areas, locating the construction layout close to trees is unavoidable. Since damage to mature, historical, specimen or other irreplaceable trees is usually final, the applicant will confer with the Director regarding conflicts of this nature.
(Ord. No. 2003-1196, 8-26-03)
14.12.210 Damage to Existing Improvements.
The AapplicantApplicant shall repair all damage done to existing improvements during the progress of an Eexcavation, including private landscaping and irrigation systems within the Public PlaceSpace and/or Ppublic's rRight-of-way. Materials for such repair shall conform to the requirements of the Standards and any applicable code or ordinance. If, upon being ordered to perform such repairs in a reasonable period of time, the AapplicantApplicant fails to furnish the necessary labor and materials to perform such repairs, then Applicant shall be liable to the City for the cost of such repairs, as provided by the City or its agents, plus a 30 thirty percent (30%) markup for general overhead and administrative expenses, shall be charged to the Aapplicant. The Aapplicant shall be liable on his deposit or bond therefore. .
(Ord. No. 2003-1196, 8-26-03)
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
14.12.220 Moratorium on Excavation in New Street Improvements.
The provisions of this sSection are intended to prevent unnecessary interference with new pavement during the period immediately following its construction or resurfacing. Failure by the City to give notice to owners of Ssubstructures within the hHighway shall not affect the provision of this section.
No Eexcavation shall be made through the final paving course of any City street prior to nor within two years following the date of completion and acceptance of any work of paving, repaving, chip sealing, or seal coating of City Streets or Public PlacesSpaces except for emergency repairs or service unless the pPerson proposing to make such Eexcavation shall agree to make appropriate restoration of the surface satisfactory to the Director. (Ord. No. 2003-1196, 8-26-03)
14.12.230 Sidewalk and Trail Excavations.
Excavations made in or under a sSidewalk or Ttrail shall be subject to this Cchapter and all other conditions determined by the Director when a permit is being requested. (Ord. No. 2003-1196, 8-26-03)
14.12.240 Restoration of Surfaces.
ApplicantApplicant shall comply with the requirements and standards inof the most current Standards for Public Works Construction (Green Book), in the most current San Diego Regional Standard Drawings and in the requirements as defined in Section 14.12.340 and subsequent modifications. Section 14.12.340 and Figure 14.12.1 describes the City's specific requirements as they pertain to excavations, the breaking of pavement, backfilling, and the restoration of surfaces. Acceptance or approval of any Eexcavation work by the Director shall not prevent the City from asserting a claim against the AapplicantApplicant and their surety for any incomplete or defective work if discovered. The presence of the Director's, or his itstheir representative's, presence during the performance of any Eexcavationthe work shall not relieve the permitteePermittee of its their responsibilities hereunder.
In the case of excavations and cuts within new street sections see Section 14.12.340, Figure 14.12.2.
Appropriate restoration of the surface for cuts perpendicular to the traffic flow may include the entire resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street.
In the case of excavations and cuts within new street sections see Section 14.12.340, Figure 14.12.3.
Appropriate restoration of the surface for cuts parallel to the traffic flow may include the entire resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch from the curb to the center of the street or nearest lane divider for the entire length of the cut plus ten feet on each end. (Ord. No. 2003-1196, 8-26-03)
14.12.250 City's Right to Restore Surface.
If the AapplicantApplicant shall have failed to restore the surface of the Sstreet or Ppublic Pplace to its original and proper condition, upon prior to expiration of the time for restoration fixed by such the Ppermit;, or if Applicant shall otherwise have failed to complete the Eexcavation work covered by such Ppermit;, or if Applicant shall have failed to maintain the work site of the Eexcavation work in the same or better condition as it was prior to the Eexcavation work for the 1-year warrantya period of one (1) year afterfollowing permanent completion of the work and opening of the work area to the public traffic, then the at the Director’s sole , at his discretion, City shall have
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
the right to do all work and things necessary to restore the Sstreet or Ppublic Pplace and to complete the excavation work and/or to restore the Sstreet or Ppublic Pplace.
The AapplicantApplicant shall be liable for the actual cost of the restoration and an additional 30 percent of such cost, for general overhead and administrative expenses. The City shall have a cause of action for all such cost and the 30 percent override and for all fees, expenses, and amounts paid out, and due, and owing to it for such work.
Payment of the amount due the City shall be applied to any funds the AapplicantApplicant has deposited with the City. The City shall also enforce its rights under the AapplicantApplicant's surety bond. (Ord. No. 2003-1196, 8-26-03)
14.12.260 Clean Up.
As the Eexcavation work progresses, allThe work site Right-of-way, Sstreets, Ppublic Pplaces, and private properties shall be maintained free of all rubbish, excess earth, rockrock, and other debris resulting from thesuch work. All clean-up operations at the location of such Eexcavation shall be and shall be completed to the satisfaction of the Director accomplished at the sole expense of the AapplicantApplicant and shall be completed to the satisfaction of the Director.
The Applicant shall take appropriate measures to reduce to the fullest extent practical, noise, dust, and debris.
Water trucks are prohibited from washing Sstreets or Highways under new due to Sstorm Wwater pollution prevention programsrestrictions. Street sweepers and/or some other means of dry pickup must be used. From time to time as may be ordered by the Director, and in any event, immediately after upon the completion of said work, the Aapplicantpplicant shall, at his or its their sole own expense, clean up and remove all refuse, stockpiles, and unused other materials of any kind resulting from said work. and, uUpon Applicant’s failure to comply with said directiondo so within twenty-four (24) hours after having been notified to do so by the Director, said work may be done by the Director in their discretion. In the event the Director causes such work to be performed, tThe City shall be entitled to recover shall have a cause of action for any and all such costs, for all fees, expenses, and amounts paid out, due, and owing to it for such work, together with and a 30 percent of the cumulative amount override for general overhead and administrative expenses. Payment of the amount due the City shall be applied to any funds the Applicant has deposited with the City. The City shall also be entitled to enforce its rights under the Applicant's surety bond to recover any and all costs, fees, expenses, and amounts described above. and the rest thereof charged to the Aapplicant. The Aapplicant shall also be liable for the cost thereof plus an additional thirty percent (30%) percent of such cost, for general overhead and administrative expenses under the Aapplicant's surety bond. (Ord. No. 2003-1196, 8-26-03)
14.12.270 Permanent Completion of WorkProtection of Trees.
Care shall be exercised during trenching operations, particularly where trenches are in the vicinity of mature trees and their extensive root systems. The construction layout should be located away from the trees; however, in some areas, locating the construction layout close to trees is unavoidable. Since damage to mature, historical, specimen, or other irreplaceable trees is usually final, the Applicant will confer with the Director regarding conflicts of this nature. Applicant shall comply with tree protection measures as required by the Director as a condition of the Permit.
The Aapplicant shall prosecute with diligence and to the satisfaction of the Director; all first phase Eexcavation work covered by the Ppermit and shall promptly complete such first phase excavation work restoring the street or public place as near as possible to its original condition not later than forty-eight (48) hours after the original cut, unless extended by the Director. The permanent completion of the Eexcavation work shall be completed not later than thirty (30) calendar days after the original street cut.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(Ord. No. 2003-1196, 8-26-03)
14.12.280 Emergency Work.
If, in his their judgment, the Director determines traffic conditions, the safety and/or convenience of the traveling public, or the public interest require that the Eexcavation work be performed as eEmergency wWork, the Director shall have full authority to order that the AapplicantApplicant's labor, equipment, materials and facilities be employed twenty-four (24) hours a day, or at specific time periods during a day, such that work may be completed as soon as possible with as few conflicts and as little inconvenience to the public as possible. Nothing in this Cchapter shall prevent Eexcavation for emergency repairs to Uutility service connections or other work that is necessary for the immediate protection of life or property, provided a Ppermit is applied for within thirty-six (36) hours following the commencement of work.
(Ord. No. 2003-1196, 8-26-03)
14.12.290 Public Service Companies.
All Ppersons operating public utilities or other companies in the City either under regulation of the State California Public Utilities Commission or under franchise, license, or pPermit granted by the City, and having the right, either by general or special permission, to enter upon Sstreets and open and excavate pavements, Ssidewalks, Ttrails, or another Public Place, or to disturb the surface thereon by Eexcavation or other work, shall be subject to the requirements of this Cchapter.
(Ord. No. 2003-1196, 8-26-03)
14.12.300 Maintenance of Drawings.
Every Pperson owning, using, controllingcontrolling, or having an interest in Ssubstructures under the surface of any Highway, Sidewalk, Trail, or other Ppublic Pplace, used for the purpose of supplying or conveying gas, electricity, communication, impulse, water, steam, ammonia, waste waterwastewater, gasoline, or oil in the City shall keep on file appropriate plans and as-built drawings to show location of such Ffacilities. (Ord. No. 2003-1196, 8-26-03)
14.12.310 Enforcement.
The Director shall have the authority to promulgate and cause to be enforced such Rules and Regulations as are reasonably required to provide for the matters governed by this part, and to supplement the same, and to provide for the enforcement of this part. Violation of said rules and regulations shall constitute a violation of this part and be considered a misdemeanor.
(Ord. No. 2003-1196, 8-26-03)
14.12.320 Penalty.
Any Pperson violating or failing to comply with any provision of this chapter or committing an act declared to be unlawful by this chapter shall be punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding six months, or both such fine and imprisonment in the discretion of the court. The City may deduct any fine imposed pursuant to this section from deposit funds submitted pursuant to Section 14.12.150. Each day any violation of this chapter on each and every day that the violation persists shall continue shall constitute a separate offense.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(Ord. No. 2003-1196, 8-26-03)
14.12.330 Liability of City.
This Ordinance shall not be construed as imposing upon the City or any official or employee any obligation, liability, or responsibility for damages to any pPerson or property injured by the performance of any work for which a Ppermit is issued hereunder. Nor shall the City, nor any official of the City, nor any employee of the City, thereof be deemed to have assumed any such liability or responsibility, by reason of inspections authorized hereunder, the issuance of any pPermit, or the approval of any work.
(Ord. No. 2003-1196, 8-26-03)
14.12.340 Backfill Requirements.
Material for Backfill shall be as indicated in applicable Standards in place at the time of Ppermit issuance unless otherwise approved by the Director. Materials shall be installed by appropriate equipment to meet the requirements set forth in the Standards. Deleterious, inferior, or poor quality Backfill will not be accepted by the City.
(a) BACKFILL WITHIN THE ULTIMATE PAVED AREAS:
1. Material for use as backfill shall have a sand equivalent of not less than 20. The percentage composition by weight as determined by laboratory sieves shall conform to the following grading:
Sieve Sizes Percentage Passing Sieves
3" 90—100
No. 4 35—100
No. 30 20—100
Excess excavated material shall be disposed of at an approved disposal site. Backfill material shall be placed in horizontal, uniform layers not exceeding eight inches in thickness, before compaction, and shall be brought up uniformly. Backfill material within the pipe zone shall be compacted to a relative compaction rate as determined by the requirements of the affected utility.
2. The restoration of the surface shall consist of "Hot Mix" asphalt concrete placed on compacted crushed aggregate base within a "T" style, saw cut and over excavated section (see Figure 14.12-1). The asphalt concrete shall be placed at least one inch thicker than the existing street section, but in no case less than six inches thick, and a minimum of six inches wider than the trench on each side. The crushed aggregate base shall be at least as thick as in the existing street, but in no case less than six inches. The upper portion of the trench fill from the pipe zone to the surface, including the asphalt concrete and the crushed aggregate base, shall be compacted to a relative compaction of no less than 95 percent.
The complete restoration to the street pavement shall be neat, straight and smooth with feathered edges.
(b) BACKFILL WITHIN THE ULTIMATE RIGHT-OF-WAY (ROW) AREAS:
The backfill material may consist of material from the excavation that is free of stones or lumps exceeding two inches and is free of vegetative or other unsatisfactory matter. The backfill shall be brought up uniformly and shall be compacted to 95 percent of relative density. The backfill shall match the existing or proposed profile grade, as determined by the Director. When the material from excavation is unsuitable for use as backfill, it shall be disposed of and replaced with material meeting the above requirements of subsection (a)1. Excess material shall be disposed of at an approved disposal site.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
Figure 14.12-1
• Existing pavement shall be cut with a concrete saw in a square or rectangular section and removed so as not to tear, bulge or displace the adjacent pavement. Edges shall be clean and vertical. All cuts shall be parallel or perpendicular to the street centerline where possible. • Temporary bituminous resurfacing shall have a minimum thickness of two inches at streets, driveways and parking areas. Sidewalks shall have a minimum one-inch thickness. • The upper portion above the pipe zone of any trench or excavation within the ultimate paved areas shall be compacted to a minimum 95 percent of relative density. This requirement applies to backfill, aggregate base and asphalt concrete.
• Permanent resurfacing shall include asphalt concrete in a thickness one inch greater than existing but in no case less than six inches in residential, commercial and arterial roads and compacted class II aggregate base in a thickness equal to existing but in no case less than six inches. • A binder or asphalt emulsion tack shall be applied to all contact surfaces prior to resurfacing. All resurfacing shall be sealed as directed by the Public Works Inspector. If the existing surface is chip sealed, chip sealing shall be applied to permanent resurfacing • The requirements for narrow rockwheel-style trenches may be different than those described above.
Please see the Public Works Inspector to discuss slurry or alternate options for narrow trench backfill and resurfacing requirements.
Note(s)—At the option of the Public Works Director, wherever relative density is specified, it shall be determined by California Test Methods No. 216, 231 or 304, or by ASTM's No. D1556, D1557, D2922 or D3017.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
Figure 14.12-2
• Existing pavement shall be cut with a concrete saw in a square or rectangular section and removed so as not to tear, bulge or displace the adjacent pavement. Edges shall be clean and vertical. All cuts shall be parallel or perpendicular to the street centerline where possible. • Temporary bituminous resurfacing shall have a minimum thickness of two inches at streets, driveways and parking areas. Sidewalks shall have a minimum one-inch thickness. • The upper portion above the pipe zone of any trench or excavation within the ultimate paved areas shall be compacted to a minimum 95 percent of relative density. This requirement applies to backfill, aggregate base and asphalt concrete.
• Permanent resurfacing shall include asphalt concrete in a thickness one inch greater than existing but in no case less than six inches in residential, commercial and arterial roads and compacted class II aggregate base in a thickness equal to existing but in no case less than six inches. • New asphalt overlay of one inch shall extend the full width of the street and 50 feet from each end of the trench cut ground and feathered in where it meets existing asphalt or curb. • A binder or asphalt emulsion tack shall be applied to all contact surfaces prior to resurfacing. All resurfacing shall be sealed as directed by the Public Works Inspector. If the existing surface is chip sealed, chip sealing shall be applied to permanent resurfacing.
Note(s)—At the option of the Public Works Director, wherever relative density is specified, it shall be determined by California Test Methods No. 216, 231 or 304, or by ASTM's No. D1556, D1557, D2922 or D3017.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
Figure 14.12-3
• Existing pavement shall be cut with a concrete saw in a square or rectangular section and removed so as not to tear, bulge or displace the adjacent pavement. Edges shall be clean and vertical. All cuts shall be parallel or perpendicular to the street centerline where possible. • Temporary bituminous resurfacing shall have a minimum thickness of two inches at streets, driveways and parking areas. Sidewalks shall have a minimum one-inch thickness. • The upper portion above the pipe zone of any trench or excavation within the ultimate paved areas shall be compacted to a minimum 95 percent of relative density. This requirement applies to backfill, aggregate base and asphalt concrete.
• Permanent resurfacing shall include asphalt concrete in a thickness one inch greater than existing but in no case less than six inches in residential, commercial and arterial roads and compacted class II aggregate base in a thickness equal to existing but in no case less than six inches. • New asphalt overlay of one inch shall extend the full width of the lane and ten feet from each end of the trench cut ground and feathered in where it meets existing asphalt or curb. • A binder or asphalt emulsion tack shall be applied to all contact surfaces prior to resurfacing. All resurfacing shall be sealed as directed by the Public Works. • Inspector. If the existing surface is chip sealed, chip sealing shall be applied to permanent resurfacing.
Note(s)—At the option of the Public Works Director, wherever relative density is specified, it shall be determined by California Test Methods No. 216, 231 or 304, or by ASTM's No. D1556, D1557, D2922 or D3017. (Ord. No. 2003-1196, 8-26-03)
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.15 STORM WATER MANAGEMENT AND DISCHARGE CONTROL
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:48 [EST] (Supp. No. 5)
CHAPTER 14.15 STORM WATER MANAGEMENT AND DISCHARGE CONTROL
14.15.010 Definitions.
For purposes of this cChapter, in addition to the terms defined earlier in this Title the following words shall have the meanings set out in this section:
(a) Authorized Enforcement Official means any designee of the City Manager who is authorized to enforce the provisions of this chapter.
(b) Best Management Practices (BMPs) means the schedule of activities, prohibitions of practices, maintenance procedures, prevention and control measures, and other management practices to prevent or reduce to the Maximum Extent Practicable the pollution of the waters of the United States. BMPs also include, but are not limited to, treatment requirements, operating proceduresprocedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BMPs may include any type of pollution prevention or control measure that the Administrative Authority finds necessary to reduce Ppollutants entering the Waters of the United States to the maximum extent practicable.
(c) City Manager means the City Manager of the City or his authorized representative or designee. (dc) Construction General Permit means the General Permit for Discharges of Storm Water Associated with Construction Activity as issued by the State Water Resources Control Board, Construction General Permit Order 2009-0009-DWQ as it may be amended and reissued.
(d) Development means any land development, construction, alterationalteration, or improvement of real property pursuant to discretionary or ministerial pPermits issued by the City. (e) Discharger means any Person or entity engaged in activities or operations or owning facilities or property that does, will, or may result in pPollutants entering storm water, the Sstorm Wwater Cconveyance Ssystem or receiving waters, and the owners of real property upon which such activities or facilities are located, provided, however, that a local government or public authority is not a Ddischarger as to activities conducted by others on public rRights-of-way. (f) Illegal Connection or Illicit Connection means any unpermitted, illicit, or undocumented physical connection to the Sstorm Wwater Cconveyance Ssystem or receiving waters thatwhich has not been approved by the City;, or one which that drains or conveys iIllegal or iIllicit Ddischarges either directly or indirectly into the Sstorm Wwater Cconveyance Ssystem;, or a pPermitted and/or authorized pipe, Ffacility, or other device which that conveys Iillegal or Iillicit Ddischarges. (g) Illegal Discharge or Illicit Discharge means any discharge to the Sstorm Wwater Cconveyance Ssystem or receiving waters that is not composed entirely of storm water including, but not limited to:
(1) Sewage;
(2) Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities; (3) Discharges resulting from the cleaning, repairrepair, or maintenance of any type of equipment, machinery, or fFacility including motor vehicles, cement-related equipmentequipment, and port- a-potty servicing;
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(4) Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning;
(5) Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercialcommercial, and residential areas including parking lots, streets, sSidewalks, dDriveways, patios, plazas, work yards, and outdoor eating and drinking areas; (6) Discharge of runoff from material storage areas containing chemicals, fuels, grease, oiloil, or other hazardous materials;
(7) Discharges of pool or fountain water containing chlorine, biocidesbiocides, or other chemicals; (8) Discharges of pool or fountain water containing residual chlorine, algaecide, and/or filter backwash;
(9) Discharges of sediment, pet waste, vegetation clippings or other landscape or construction-related wastes;
(10) Discharges of food-related wastes (e.g., grease, fish processing and restaurant kitchen mat and trash bin wash water);
(11) Discharges that require a NPDES pPermit that has not been issued or has not been acknowledged by the dDischarger to be applicable;
(12) Discharges from air conditioning condensation unless directed to landscaped areas or other pervious surface, or to the sanitary sewer, where feasible; (13) Discharges from the individual residential vehicle washing unless directed to landscaped areas or other pervious surfaces where feasible;
(143) (a) The use of water, washing detergent, and other vehicle wash products must be minimized;
(145) Discharges of saline swimming pool water unless directed to the sanitary sewer, landscaped areas, other pervious surfaces that can accommodate the volume of water, or directly into a saline water body (e.g., the Pacific Ocean);
(165) Discharges from over-irrigation; and
(176) Any discharge defined as an "Illicit Discharge" as that term is defined and utilized in RWQCB Order No. R9-2013-0001, approved by the RWQCB in 2013 and amended in 2015 by Order Nos. R9-2015- 0001 and R9-2015-0100.
Discharges that are covered by a valid NPDES pPermit or Storm Water Pollution Prevention Plan (SWPPP) are violations of this Chapter if they are in violation of their such NPDES Permit or SWPPP.
Discharges from the following categories must be addressed as iIllegal or iIllicit dDischarges only if the discharge is identified as a source of Ppollutants to receiving waters and/or if requirements identified for specific discharges are not met:
(1) Discharges from potable water sources;
(2) Diverted stream flows;
(3) Rising ground waters;
(4) Uncontaminated ground water infiltration into the Sstorm Wwater Cconveyance Ssystem; (5) Foundation and footing drains if the system is designed to be located above the ground water table at all times of the year;
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(6) Springs;
(7) Non-commercial washing of vehicles;
(8) Flows from riparian habitats and wetlands;
(9) Dechlorinated swimming pool discharges if residual chlorine, algaecide, filter backwash, or other Ppollutants have been eliminated;
(10) Discharges from non-emergency firefighting activities including bBuilding fire suppression system maintenance discharges, so long as there are minimum BMPs in place to reduce or eliminate Ppollutants in such discharges from entering the Sstorm Wwater Cconveyance Ssystem; and (11) Waters not otherwise containing Ppollutants or wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117.
Discharges of non-storm water to the Sstorm Wwater Cconveyance Ssystem from the following categories are also considered iIllegal or iIllicit dDischarges unless the discharge has coverage or meets the exception criteria under NPDES Permit No. CAG919003 (Order No. R9-2015-0013, as it may be amended or reissued) for discharges to surface waters within the San Diego Region:
(1) Uncontaminated pumped ground water;
(2) Discharges from foundation drains if the system is designed to be located at or below the ground water table to actively or passively extract ground water during any part of the year; (3) Water from crawl space pumps; and
(4) Water from footing drains if the system is designed to be located above the ground water table at all times of the year, and the system is only expected to discharge non-storm water under unusual circumstances.
Discharges of non-storm water from water line flushing and water main breaks to the storm water conveyance system will also be considered iIllegal or iIllicit dDischarges unless the discharge has coverage under NPDES Permit No. CAG679001 (Order No. R9-2010-0003, as it may be amended or reissued) or NPDES General Permit No. CAG140001 (Order 2014-0194-DWQ, as it may be amended or reissued). This category includes:
(1) Water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations; and (2) Discharges from recycled or reclaimed water lines to the Sstorm Wwater Cconveyance sSystem, unless the discharges have coverage under a separate NPDES pPermit. (h) Jurisdictional Runoff Management Plan (JRMP) means the comprehensive program developed by the City for reduction and elimination of Ppollutants from its storm drain system, consisting of the following components: Municipal (Existing Development); Industrial (Existing Development); Commercial (Existing Development); Residential (Existing Development); Land Use Planning for New Development and Redevelopment; Construction; Illicit Discharges Detection and Elimination; Education Component; Public Participation Component; Assessment of JRMP Effectiveness, and Fiscal Analysis. (i) Maximum Extent Practicable (MEP) means the technology- based standard established by Congress in the Clean Water Act, Section 402(p)(3)(B)(iii), that municipal Ddischargers of urban runoff must meet.
MEP generally emphasizes pollution prevention and source control BMPs as primary mechanisms in combination with treatment methods that collectively are effective and not cost prohibitive, with the major emphasis on effectiveness. In order to determine if a BMP is effective and has achieved the MEP standard, the following factors shall be considered: the BMP must effectively address a Ppollutant or Ppollutant source of concern; the BMP must be in compliance with all applicable storm water regulations and other environmental regulations; the BMP should have public support; the cost of implementing the
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
BMP should have a reasonable relationship to the pollution control benefits to be achieved; and the BMP must be technically feasible considering soils, geography, water resources and other available resources. (j) NPDES Permit or National Pollution Discharge Elimination System Permit means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter
5.5, Division 7 of the California Water Code, or any other "permit" as defined in 40 C.F.R. Section 122.2, to control discharges from point sources to waters of the United States. (k) Person means an individual or group of individuals, as well as an organization or entity, including, but not limited to, corporations, LLCs, and non-profits.
(l) Pollutant means any pollutant as defined in 40 CFR Section 122.2, and pollutant as defined in 33 USCS Section 1362, or any waste as defined in California Water Code Section 13050(d). (m) Premises means any real property or portion thereof, including any Bbuildings or portions of Bbuilding located on such real property.
(n) Redevelopment means any construction, alteration, or improvement of an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of bBuilding footprints, the addition or replacement of a Sstructure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surface. (o) Storm Water (or Stormwater) means storm water runoff, snow melt runoff, and surface runoff and drainage.
(p) Storm Water Conveyance System means those municipal facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channelschannels, or storm drains. (q) Storm Water Pollution Prevention Plan (SWPPP) means a document which meets the requirements for a SWPPP set forth in the Statewide General Construction Storm Water Permit or the Statewide General Industrial Storm Water Permit. A SWPPP submitted to the City must describe the BMPs to be implemented and other steps to be taken by the dDischarger to meet the requirements of this chapter. (r) Storm Water Program Manager means the administrator of the City's storm water management program as designated by the City ManagerDirector.
(s) Stormwater Standards Manual (SSM) means the manual that sets for the permanent Best Management Practices (BMPs) adopted by the City for Ddevelopment and rRedevelopment projects, as well as the procedures and criteria for the selection, implementationimplementation, and maintenance of the same.
(t) Wet Season means October 1 through April 30 of each year. (Ord. No. 2002-1163, 1-14-03; Ord. No. 2008-1302, 4-8-08; Ord. No. 2019-1472 , § 2, 4-23-2019)
14.15.020 Responsibility for Administration.
This Cchapter shall be administered by the City ManagerDirector and the Storm WaterWatershed Program Manageror their designee.
(Ord. No. 2008-1302, 4-8-08)
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
14.15.030 Illegal Discharges Prohibited.
The discharge of iIllegal or iIllicit dDischarges to the Sstorm Wwater Cconveyance Ssystem are is prohibited, except that the following discharges are exempt from the prohibition set forth above:
(a) Any discharge regulated under a NPDES Ppermit issued to the dDischarger and administered by the State of California pursuant to Chapter 5.5, Division 7 of the California Water Code, provided that the Ddischarger is in compliance with all requirements of the Ppermit and other applicable laws and regulations.
(b) Any discharge which the Director City Manager or designee and the Regional Water Quality Control Board determine is are necessary for the protection of the public health and safety. (Ord. No. 2008-1302, 4-8-08)
14.15.040 Illegal Connections.
It is prohibited to Eestablishment, use, maintainenance, or continuation ofe illegal connections to the Sstorm Wwater Cconveyance Ssystem are prohibited.
(Ord. No. 2008-1302, 4-8-08)
14.15.050 Reduction of Pollutants in Storm Water.
Any Person engaged in activities that will or may result in Ppollutants entering the Sstorm Wwater Cconveyance Ssystem is a dDischarger under this Chapter 14.15 and shall implement BMPs in accordance with the JRMP or Stormwater Standards Manual to prevent and reduce such pPollutants to the Mmaximum Eextent Ppracticable. The following requirements shall apply:
(a) General Prohibitions. The following discharges are prohibited and shall constitute a violation of this cChapter:
(1) Discharges into the Sstorm Wwater Cconveyance Ssystem in a manner causing, or threatening to cause, a condition of pollution, contaminationcontamination, or nuisance (as defined in California Water Code § 13050) in waters of the State.
(2) Illegal and Illicit Discharges as defined in this Chapter. (3) Discharges into the Sstorm Wwater Cconveyance Ssystem containing pPollutants that have not been reduced to the Mmaximum Eextent Ppracticable.
(4) Post-development runoff from new Ddevelopment or significant Rredevelopment that has not been reduced to the Mmaximum Eextent Ppracticable.
(b) Industrial, Commercial and Business- Related Activities. All owners or operators of Ppremises where pPollutants from industrial, commercial, and business- related activities may enter the Sstorm Wwater Cconveyance Ssystem shall implement BMPs in accordance with the JURMP to reduce any such Ppollutants generated from the Ppremises to the maximum extent practicable. Examples of industrial, commercial, and business- related activities include, but are not limited to, maintenance, repair, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, landscaping, pest control, waste treatment and disposal, vehicle washing, pool and fountain cleaning, cement mixing, painting, and/or cleanup procedures. The Director The City Manager or designee may require the owner or operator of the Ppremises to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) which describes the on-site program activities which the owner or operator will take to eliminate or
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
reduce to the maximum extent practicableMEP, pPollutant discharges to the Sstorm Wwater Cconveyance Ssystem. Any Ppremises required to develop and implement a SWPPP by any term or provision of a then-current NPDES pPermit shall comply with such requirement. The SWPPP shall include, but not be limited to, the following site information:
(1) An inventory of all materials/wastes that are handled on Ppremises and have a reasonable potential to impact Sstorm Wwater quality.
(2) A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error.
(3) A description of on-site control/response equipment and procedures to prevent contaminants from entering the Sstorm Wwater Cconveyance Ssystem.
(4) A site map indicating all bBuilding Sstructures, materials and waste storage areas, outdoor equipment storage areas, vehicle service areas, paved areas, areas of existing and potential erosion, storm drains inlets, and point(s) of discharge to a municipal Sstorm Wwater Cconveyance Ssystem or receiving waters. The site map shall include an estimate of the size of the Ffacility and the fFacility's impervious area.
(5) A documented Employee Training Program for all persons responsible for implementing the SWPPP. The Employee Training Program shall include, but is not limited to, the following topics:
a) Laws, regulations, and local ordinances associated with Sstorm Wwater pollution prevention, and an overview of the potential impacts of polluted Sstorm Wwater on the receiving waters of the San Diego region.
b) Proper handling of all materials and wastes to prevent spillage. c) Mitigation of spills including spill response, contaminant containment, and contaminant cleanup procedures.
d) Visual monitoring of all effluent streams to ensure that no illegal discharges enter the Sstorm Wwater Cconveyance sSystem.
e) Discussion of the differences between the Sstorm Wwater Cconveyance Ssystem and the sanitary sewer system.
f) Identification of all on-site connections to the Sstorm Wwater Cconveyance Ssystem. g) Preventive maintenance and good housekeeping procedures. h) Material management practices employed by the Ffacility to reduce or eliminate Ppollutant contact with Sstorm Wwater discharge.
A documented employee training program prepared pursuant to any NPDES pPermit shall meet the definition of an Employee Training Program for the purposes of this chapter.
Failure to comply with any SWPPP prepared pursuant to this chapter or pursuant to a State NPDES Construction or NPDES Industrial Activity Permit shall constitute a violation of this chapter. (c) Best Management Practices for Construction Activities. Any pPerson performing construction work in the City shall prevent, to the Mmaximum Eextent Ppracticable, Ppollutants from entering the Sstorm Wwater cConveyance Ssystem by complying with applicable provisions of the Standard Specifications for Public Works Construction manual, the JURMP and the General Construction Activity Storm Water NPDES pPermit issued by the State Water Resources Control Board. The City may establish controls on the volume and rate of Sstorm Wwater runoff from new Ddevelopment and Rredevelopment as may be appropriate to minimize the discharge and transport of Ppollutants. Any pPerson or entity performing construction activities in the City and any owners of land on which construction activity is performed
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
shall implement BMPs to the Mmaximum Eextent Ppracticable during all construction activities, including the following BMPs and other measures:
(1) Erosion prevention measures;
(2) Seasonal restrictions on grading including, but not limited to, minimizing grading during the Wwet Sseason;
(3) Stabilization of slopes;
(4) Phased grading;
(5) Permanent revegetation or landscaping as early as feasible; (6) General site management BMP's; and
(7) Retention and proper management of sediment and other construction Ppollutants on site.
An Authorized Enforcement Official may prepare, maintainmaintain, and disseminate guidance documents identifying pollution prevention and control practices for construction activities and other activities that have been determined by the Public Works Director or the Authorized Enforcement Official to be effective and practicable in specified circumstances.
An Authorized Enforcement Official may take any such guidance into account when determining whether any practice proposed in a grading plan, a SWPPP or any other submittal is a BMP that will prevent or control pollution to the Mmaximum Eextent Ppracticable. (d) Best Management Practices for Development and Redevelopment. Any pPerson or entity that is developing or redeveloping a site in the City shall prevent, to the Mmaximum Eextent Ppracticable, Ppollutants from entering the Sstorm Wwater Cconveyance Ssystem by complying with applicable provisions of the Stormwater Standards Manual. No landowner or Ddevelopment or Rredevelopment project proponent shall receive any City discretionary or ministerial pPermit or approval unless such project meets the requirements set forth in the Stormwater Standards Manual. The City may establish controls on the volume and rate of Sstorm Wwater runoff from new Ddevelopments and Rredevelopments as may be appropriate to minimize the discharge and transport of Ppollutants. The following BMPs and other measures, per the Stormwater Standards Manual, are required of all Ddevelopment and Rredevelopment projects within the City:
(1) Preservation of natural hydrologic features;
(2) Preservation of riparian buffers and corridors;
(3) Design, construction and maintenance of all low impact Ddevelopment site design and source control BMPs; and
(4) For Priority Projects as defined in the Stormwater Standards Manual, design, constructionconstruction, and maintenance of treatment control BMPs that meet the criteria of the Stormwater Standards Manual.
(e) Best Management Practices for Residential Development. All City residents shall prevent, to the Mmaximum Eextent Ppracticable, Ppollutants from entering the Sstorm Wwater Cconveyance Ssystem through common residential uses of property in the City by implementing the BMP's set forth in the JURMP which include, but are not limited to, automobile maintenance and repair, automobile washing, automobile parking, home and garden care activities and product use (e.g., pesticides, herbicides and fertilizers), disposal of household hazardous waster (e.g., paints and cleaning products) and disposal of pet waste.
(f) Littering. No pPerson shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, leftleft, or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects,
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
articles, and accumulations, in or upon any street, alley, sSidewalk, storm drain, inlet catch basin, conduit or other drainage Sstructures, business place, or upon any public or private real property, except as allowed by applicable solid waste ordinances.
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sSidewalk shall maintain the Ssidewalk free of dirt or litter to the mMaximum eExtent pPracticable. Sweepings from the sSidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the real property as required for the disposal of garbage.
No pPerson shall throw or deposit litter in any fountain, pond, lake, stream, or any other body of water in the City.
(g) Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those Sstructures thoroughly as is necessary to prevent the discharge of pPollutants to the Sstorm Wwater Cconveyance Ssystem to the mMaximum eExtent Ppracticable. Such cleaning shall occur not less than once prior to each Wwet Sseason. Sweepings or cleaning residue from parking lots or impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway.
(h) Compliance with NPDES Storm Water Permits. Each industrial Ddischarger, dDischarger associated with construction activity, or other dDischarger subject to any NPDES sStorm Wwater pPermit addressing such discharges shall comply with, and undertake all other activities required by any Sstorm Wwater permit applicable to such discharges, including but not limited to, the State Water Resources Control Board, statewide General Industrial and General Construction Activity Storm Water Permits, and the Regional Water Quality Control Board, San Diego Region General De-Watering Permits (Orders No. 91- 10 and 90-31). Each Ddischarger identified in an individual NPDES Ppermit relating to Sstorm Wwater discharges shall comply with and undertake all activities required by such pPermit. (i) Compliance with Adopted SSM, Adoption of SSM and JURMP. All BMPs referenced in and/or required by this Section 14.15.050 shall be at least as stringent as those set forth in the then-current version of the SSM adopted by resolution of the City Council. The SSM and the JURMP, also adopted by resolution of the City Council, may be amended from time to time in the same manner. (Ord. No. 2001-1123, 11-27-01; Ord. No. 2008-1302, 4-8-08; Ord. No. 2019-1472 , § 3, 4-23-2019)
14.15.060 Watercourse Protection.
Every Person owning real property through which a watercourse passes, or such Person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned Sstructures within or adjacent to a watercourse, so that such Sstructures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for maintenance, which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. This provision may be enforced against the property owner and/or any lessee, tenant, occupant, or other Person holding a property interest in the real property in question, as applicable, in the City's discretion. Except as permitted documented pursuant to a written permit from the California Department of Fish and Game or other appropriate State or Federal Agency, no Person shall commit or cause to be committed any of the following acts:
(a) Discharge pPollutants into or connect any pipe or channel to a watercourse; (b) Modify the natural flow of water in a watercourse;
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(c) Carry out Ddevelopments within thirty (30) feet of the centerline of any creek or twenty (20) feet of the top of a bank, whichever is the greater distance from the top of the bank; (d) Deposit in, plant in, or remove any material from a watercourse including its banks, except as required by necessary maintenance;
(e) Construct, alter, enlarge, connect to, change, or remove any Sstructure in a watercourse; or (f) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by Sstorm Wwaters passing through such a watercourse.
(Ord. No. 2019-1472 , § 4, 4-23-2019)
14.15.070 Inspection and Enforcement.
(a) Authority to Inspect. During normal and reasonable hours of operation, any Authorized Enforcement Official shall have the authority to make an inspection to enforce the provisions of this chapter, and to ascertain whether the purposes of this chapter are being met. An inspection may be made after the Authorized Enforcement Official has presented proper credentials and the owner and/or occupant authorizes entry. If the Authorized Enforcement Official is unable to locate the owner or other persons having charge or control of the Ppremises, or the owner and/or occupant refuses the request for entry, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry and to recover the costs of seeking such assistance from the owner(s) and/or occupant(s) that refused the request for entry. (Ord. No. 2008-1302, 4-8-08)
After obtaining legal entry, the Authorized Enforcement Official may:
(1) Inspect the Ppremises.
(2) Carry out any sampling activities necessary to enforce this chapter, including taking samples from the property of any pPerson or from any vehicle that the Authorized Enforcement Official reasonably believes is currently, or has in the past, caused or contributed to causing an iIllegal dDischarge to the sStorm Wwater Cconveyance Ssystem. Upon request, split samples shall be given to the pPerson from whose property or vehicle the samples were obtained.
(Ord. No. 2008-1302, 4-8-08)
(3) Stop and inspect any vehicle reasonably suspected of causing or contributing to an iIllegal dDischarge to the sStorm Wwater Cconveyance Ssystem when accompanied by a law enforcement officer in a clearly marked vehicle.
(Ord. No. 2008-1302, 4-8-08)
(4) Conduct tests, analysesanalyses, and evaluations to determine whether a discharge into the Sstorm Wwater Cconveyance Ssystem is an iIllegal Ddischarge or whether the requirements of this Cchapter are met.
(Ord. No. 2008-1302, 4-8-08)
(5) Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to Sstorm Wwater pollution and constituting a violation of this Cchapter found during an inspection.
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(6) Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared by an owner and/or occupant or Ffacility operator, if such a plan has been required. (7) Require the owner and/or occupant or Ffacility operator to retain evidence for a period not to exceed 30 days.
(8) Review and obtain copies of all sStorm wWater monitoring data compilied by the owner and/or occupant or fFacility operator, if such monitoring is required.
Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to, random sampling and/or sampling in areas with evidence of Sstorm Wwater pollution, Iillegal dDischarges, or similar factors.
(Ord. No. 2008-1302, 4-8-08)
(b) Inspection Procedures. During the inspection, the Authorized Enforcement Official shall comply with all reasonable security, safety, and sanitation measures. In addition, the Authorized Enforcement Official shall comply with reasonable precautionary measures specified by the owner and/or occupant or Ffacility operator.
At the conclusion of the inspection, and prior to leaving the site, the Authorized Enforcement Official will review with the owner and/or occupant or Ffacility operator each of the violations noted by the Authorized Enforcement Official and the necessity for any corrective actions needed, if any. A report listing any violation found during the inspection shall be prepared by the Authorized Enforcement Official and shall be kept on file in the enforcement agency. A copy of the report shall be provided to the owner and/or occupant or Ffacility operator, or left at the Ppremises if no personneither the owner, occupant, nor Facility operator is available. If corrections are needed, the owner and/or occupant or Ffacility operator shall implement a plan of corrective action based on a written plan of correction, submitted to the enforcement agency, which states the actions to be taken and the expected dates of completion. Failure to implement the plan of correction constitutes a violation of this chapter. (c) Authority to Sample and Establish Sampling Devices. The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the Authorized Enforcement Official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on. (d) Notification of Spills. As soon as any Pperson who is responsible for emergency response for, or in charge of, any Ppremises or Ffacility has knowledge of any confirmed or unconfirmed significant release of materials, pPollutants or waste which may result in pPollutants or Iillegal Ddischarges entering the Sstorm Wwater Cconveyance Ssystem, such Pperson shall take all necessary steps to ensure the containment and minimize the damages of such release, provided that such steps do not violate applicable health and safety regulations and/or Ffacility hazardous materials handling procedures and policies. Such Pperson shall notify the Environmental Health Services' Hazardous Materials Management Division of the County of San Diego Department of Health Services' Environmental Health Services' Hazardous Materials Management Division, and together with any other appropriate or applicable agency, of the occurrence within twenty-four (24) hours of the incident's occurrence.
(Ord. No. 2008-1302, 4-8-08)
(e) Requirement to Test, Monitor or Mitigate.
(1) The City ManagerDirector or designee may require that any Pperson engaged in any activity and/or owning or operating any Ffacility which may cause or contribute to Sstorm Wwater pollution, or Iillegal Ddischarges to the Sstorm Wwater Cconveyance Ssystem, undertake such monitoring activities, including physical and chemical monitoring and/or analyses, and furnish reports as the DirectorCity Manager or designee may specify if the person, or Ffacility owner, or operator fails to eliminate Iillegal
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
Ddischarges after receiving a written notice by the enforcement agency, or the Director City Manager or designee has documented repeated violations of this chapter which may have contributed to Sstorm Wwater pollution. Specific monitoring requirements shall bear a reasonable relationship to the types of pPollutants that may be generated by the person's activities or the Ffacility's operations. If the Director City Manager or designee has evidence that a pPollutant is originating from a specific Ppremises, then the Director City Manager or designee may require monitoring for that Ppollutant regardless of whether the Ppollutant may be generated by routine activities or operations. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. No. 2008-1302, 4-8-08)
(2) Any persons required to monitor pursuant to subsection 14.15.070(e)(1) shall implement a Sstorm Wwater monitoring program to include, at a minimum:
a) Routine visual monitoring for dry weather flows.
b) Routine visual monitoring for spills which may pollute Sstorm Wwater runoff. c) A monitoring log including monitoring date, potential pollution sources and a description of the mitigation measures taken to eliminate any potential pollution sources. (3) The DirectorCity Manager or designee, in cooperation with local waste waterwastewater programs, may require a Pperson, or Ffacility owner or operator, to install or implement Sstorm Wwater pollution reduction or control measures, including but not limited to, process modification to reduce the generation of pPollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City if:
(Ord. No. 2008-1302, 4-8-08)
a) The Pperson, or Ffacility owner or operator, fails to eliminate iIllegal Ddischarges after receiving a written notice by the enforcement agency; or
b) The Pperson, or Ffacility owner or operator, fails to implement a Sstorm Wwater Ppollution Pprevention Pplan, as required by the enforcement agency; or c) The enforcement agency has documented repeated violations of this Cchapter which may have contributed to Sstorm Wwater pollution.
(4) A Pperson, or fFacility owner or operator, may discontinue sampling and analyses required pursuant to this chapter if Ppollutants are not detected in significant quantities after two consecutive sampling events. If testing, monitoring, or mitigation required pursuant to this chapter are deemed no longer necessary by the DirectorCity Manager or designee, then any or all of the above requirements will be discontinued.
(Ord. No. 2008-1302, 4-8-08)
(5) A Sstorm Wwater monitoring program prepared and implemented pursuant to any NPDES pPermit shall meet the requirements of a monitoring program for the purposes of this Cchapter.
14.15.080 Violations of This Chapter.
The violation of any provision of this Cchapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except notwithstanding any other provisions of this cChapter, any such violation constituting a misdemeanor under this cChapter may, in the discretion of the City, be charged and
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
prosecuted as an infraction. Penalties, fines, and procedures for violations shall be in accordance with Chapter 1.12 of this Code. Additionally, violations of this Cchapter are deemed adverse and detrimental to the public health, safetysafety, and welfare and, therefore, constitute a public nuisance. The assistance of a law enforcement officer may be enlisted to arrest violators as provided in the California Penal Code and/or to issue a citation and notice to appear.
(Ord. No. 2008-1302, 4-8-08)
14.15.085 Violations of Federal or State Requirements or City Grading Permits.
Any violation of an applicable federal or State-issued Sstorm Wwater pPermit, or any failure to conform to an applicable SWPPP prepared pursuant to such Ppermit or pursuant to this Cchapter, or any failure to comply with Sstorm Wwater-related provisions of a City-issued grading Ppermit or of a grading plan prepared to secure such a Ppermit, is a violation of this cChapter.
14.15.090 Acts Potentially Resulting in Violation of Federal Clean Water Act and/or Porter- Cologne Act.
Any Pperson who violates any provision of this cChapter, any provision of any Ppermit issued pursuant to this Cchapter, or who discharges pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts. including civil and criminal liability. Any enforcement action authorized under this article should also include notice to the violator of such potential liability.
14.15.100 Civil Actions.
In addition to prosecution of any violations of this Cchapter as criminal offenses, and any other remedies provided in this Cchapter, any violation of this cChapter may be enforced by civil action brought by the City. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. In any such action, the City may seek, without limitation, and the Court shall grant, as appropriate, any or all of the following remedies:
(Ord. No. 2008-1302, 4-8-08)
(a) Injunctive relief;
(b) Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable cost of preparing and bringing legal action under this subsection;
(c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including costs associated with monitoring and establishing Sstorm Wwater discharge pollution control systems and/or implementing and/or enforcing the provisions of this Cchapter. (Ord. No. 2008-1302, 4-8-08)
(d) Compensatory damages, including, but not limited to, those associated with loss of, or destruction to, water quality, wildlife, fish, and aquatic life.
(Ord. No. 2008-1302, 4-8-08)
Created: 2021-03-31 20:31:47 [EST]
(Supp. No. 5)
(e) A maximum civil penalty of $2,500.00 per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted, or maintained by such Pperson(s). (Ord. No. 2001-1123, 11-27-01)
14.15.110 Cease and Desist Orders.
When an Authorized Enforcement Official finds that a discharge has taken place or is likely to take place in violation of this chapter, the Authorized Enforcement Official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: a) comply with the requirement, b) comply with time schedule for compliance, and/or c) take appropriate remedial or preventative action to prevent the violation from recurring. If it is determined by an Authorized Enforcement Officer that the public interest requires the posting of a bond or other security to assureensure the violation is corrected, such bond or security may be required by the Authorized Enforcement Official. (Ord. No. 2008-1302, 4-8-08)
14.15.120 Notice and Order to Clean, Test or Abate.
Whenever an Authorized Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sSidewalk abutting or adjoining any parcel of real estate, or upon any parcel of real estate or grounds, which may result in an increase in Ppollutants entering the Sstorm Wwater Cconveyance Ssystem, the Authorized Enforcement Official may issue orders and give written notice to test, abate and/or remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the Authorized Enforcement Official may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. (Ord. No. 2008-1302, 4-8-08)
14.15.130 Public Nuisance Abatement.
If a public nuisance is determined to exist under Section 14.15.080 or if actions ordered by an Authorized Enforcement Official under Sections 14.15.110 and 14.15.120 are not performed, the City may abate the public nuisance using the nuisance abatement procedures set forth in Chapter 10.04 of this Code. (Ord. No. 2001-1123, 11-27-01)
14.15.140 Stop Work Orders.
Whenever any work is being done contrary to the provisions of this Cchapter, or other laws implemented through enforcement of this Cchapter, an Authorized Enforcement Official may order the work stopped by notice in writing served on any Pperson engaged in doing or causing such work to be done, and any such Pperson shall immediately stop such work until authorized by the Authorized Enforcement Official to proceed with the work. (Ord. No. 2008-1302, 4-8-08)
14.15.150 Permit Suspension or Revocation.
Violations of this Cchapter may be grounds for Ppermit and/or other City license suspension or revocation in accordance with applicable sections of this e San Marcos Municipal Code.
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
(Ord. No. 2008-1302, 4-8-08)
14.15.160 Storm Water Management Fee; Failure to Pay a Violation.
Each residential and business waste and recycling account in the City shall pay a storm water management fee, in an amount determined by the City Council, which fee shall be collected through the bi-monthly billing of the City's refuse collection contractor. Failure to pay the storm water management fee shall be unlawful and shall constitute a violation of this chapter.
(Ord. No. 2001-1123, 11-27-01)
14.15.170 Other Acts and Omissions Constituting Violations of this Chapter.
In addition to the violations identified in Sections 14.15.010 through 154.15.060 of this Cchapter, the following acts and omissions constitute violations of this Cchapter, whether committed by a Ddischarger or by another Pperson or entity:
(Ord. No. 2008-1302, 4-8-08)
(a) Causing, Permitting, Aiding or Abetting Non-Compliance. Causing, permitting, aidingaiding, or abetting non-compliance with any provision of this chapter shall constitute a violation of this chapter. (b) Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the City or the Authorized Enforcement Official concerning compliance with this chapter, including, but not limited to, any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted to the City or pursuant to this Cchapter, whether or not the intent of such withholding is to delay City enforcement action, is a violation of this Cchapter. (c) Failure to Promptly Correct Non-Compliance. Violations of this cChapter must be corrected within the time period specified by an Authorized Enforcement Official. Each day or part thereof in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued shall constitute a separate violation of this chapter. Notwithstanding the granting of any period of time to the Ddischarger to correct the damage resulting from his their non-compliance, such Ddischarger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB. (d) Failure to Comply With City Permits and SWPPPS. Any failure to conform to an applicable Storm Water Pollution Prevention Plan (SWPPP) prepared pursuant to this chapter, any failure to comply with sStorm Wwater-related provisions of a City-issued grading Ppermit or grading plan prepared to secure such a pPermit, and any failure to comply with Sstorm Wwater related provisions in any other City Ppermit or approval is also a violation of this chapter. For purposes of this chapter, a pPermit provision or condition of approval is "Sstorm Wwater-related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of Sstorm Wwater or of moderating runoff flows or rates of velocities, whether or not the provision or condition was initially imposed to promote those outcomes.
14.15.180 Remedies Not Exclusive.
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this chapter shall be cumulative and not exclusive. (Ord. No. 2008-1302, 4-8-08)
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.16 STREET AND SIDEWALK CONSTRUCTION
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:48 [EST] (Supp. No. 5)
CHAPTER 14.16 STREET, AND SIDEWALK, AND PUBLIC PLACE CONSTRUCTION
CONSTRUCTION ON OR WITHIN A PUBLIC PLACE
14.16.010 Scope of Regulations.
This pPermit and associated bonds and surety documents in amounts approved by the Director are is required for any construction or replacement of above-ground or underground improvements in the Right-of-way or other Public Place, including utilities such as water, sewer, gas and electric lines, and for permanent or semi-permanent Eencroachments into any public or private Uutility easement. Chapter 14.12 shall govern temporary Excavations, fills, and obstructions within the Right-of-way or other Pubic Place.
The provisions of this chapter apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, Ssidewalks, gutters, Ddriveways, Hhighway surfaces, retaining walls, storm drains, culverts, or other appurtenant Hhighway structures. Chapter 14.12 of this Code shall govern work performed in existing roadways; this chapter shall govern work new construction performed adjacent to highways.
14.16.020 Permit Required.
No person shall construct or repair any curb, Ssidewalk, gutter, Ddriveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any Hhighway, or cause the same to be done, without first obtaining from the Director a permit to do so.
No Person shall perform, or cause to be performed, without first obtaining a pPermit from the Director, the following:
(a) Encroach or make any Eencroachment within, on, over, or under Right-of-way or other Public Place; (b) Make any alteration within, on, over, or under Right-of-way or other Public Place; (c) Construct, put on, repair, maintain, or leave on a Right-of-way or other Public Place any obstruction or impediment;
(d) Place on, over, or under a Right-of-way or other Public Place any pipeline, conduit, or other fixture or Facility;
(e) Place any curb, gutter, Sidewalk, Driveway, roadway surface, sStructure, wall, storm drain, culvert, or similar Eencroachment;
(f) Make any Eexcavation or embankment so as to lessen or restrict the normal usage of the Right-of-way or other Public Place.
14.16.030 Residential Driveway Permit.
No person shall construct, improve or repair any residential driveway in, over, along, across or through any highway, or cause the same to be done, without first obtaining a permit to do so pursuant to Chapter 13.08.
14.16.040 Application for Permit- Administrative Requirements.
At a minimum, the application for a Ppermit required by this Cchapter shall be made in accordance with Chapter 14.04. The application shall meet the following administrative requirementsspecify:
(a) The name, address, email, and phone of the following:
(1) Person requesting the proposed work;
(2) Person proposed to perform the work;
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
(3) Person proposed to perform the required paving and/or surface restoration; (4) Person or entity responsible for the perpetual maintenance and repair of the work; (5) Entity responsible for the inspection of the work.
(b) Applicable State license information for the constructing contractor(s) as required to perform the work in the application;
(c) Current City business license;
(d) 24-hour phone number for emergencies;
(e) Insurance certificate in a form acceptable to the City additionally insuring the City, its officers, and employees as per Section 14.12.150;
(f) Schedule including the estimated duration that such Excavation or obstruction will exist; (g) Cash deposit, bond, or surety in a form acceptable to the City guaranteeing the performance of the work, restoration of the Public Place, and satisfactory performance of the restoration for a 12-month warranty period, as per Section 14.12.150;
(h) Permit fees;
(b) The location, nature, and extent of the work to be performed; (c) (b) The materials to be used;
(d) (c) Such other information as the Director may require. (i) Other such information as may be required by the Director.
14.16.050 Application for Permit- Plans Required With Application.
Each application shall contain exhibits and/or Engineering plans. If, in the opinion of the Director, the work proposed to be done requires the making of Engineering plans or the setting of stakes, or both, the Director may require the application to be accompanied by the necessary Engineering plans, which plans shall be prepared by a qualified and competent Civil eEngineer.
The exhibits and/or Engineering plans shall adequately depict the following information:
(a) Location of the work;
(b) Property lines, Right-of-Wway, and easement information; (c) The location of existing and proposed above-ground and underground Facilities; (d) The location of any existing facilities and the location of proposed underground facilities including:
(e) Structural detail and additional information for sStructures to be installed; (f) Cross section for underground installations indicating:
(1) The approximate depth of the Ffacility to be installed; (2) Trench backfill depth, compaction and layer depths; (3) Pavement section detail (type and depths).
(g) Cross section of proposed improvements;
(h) The proposed construction methods and applicable Standards for construction; (i) A tTraffic cControl plan and/or applicable Work Area Traffic Control Handbook (WATCH) Sstandards.
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
14.16.060 Applicant for Concrete Box. Section Reserved for Future Use.
Where the structure, driveway, curb, Ssidewalk or gutter is to be constructed of concrete, the contractor constructing the improvementsapplicant shall have be a person licensed by theall necessary State licenses required to perform the work described in the application, which shall be current and valid, and shall meet any and all California licensure requirements, and he must perform the work or the work must be performed under his immediate supervision.
14.16.070 Work to be Full Length of Street.
If, in the opinion of the Director, the construction of any length of curb or Ssidewalk less than the full distance length of a Sstreet between Sstreet intersections would create a condition hazardous to the traveling public using the Sstreet upon which it is proposed to install the curb or Ssidewalk, the Director he may require construction to extend the full distance between Street intersections and/or refuse to issue a pPermit for the construction of curb or Ssidewalk for any length less than the full length of said Sstreet between intersecting Sstreets.
14.16.080 Permit Fee.
Every Pperson applying for a Ppermit required by this Cchapter shall at the time of making application for the pPermit pay an issuance fee, the amount of which will be set by Director based on a reasonable estimate of staff time associated with and/or necessitated by such Permit, which amount may be updated from time to time of $15.00.
14.16.090 Engineering and/or Inspection Fee.
The Director may administratively establish a requirement that Aan applicantApplicant for a pPermit to construct any work, except curbs, walks, guttersgutters, or Hhighway surfacesor specific types of work, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee or engineering and inspection fee as follows:
(a) When a deposit is required, the initial deposit shall be in Aan amount estimated by the Director to be equal to twice the City’s actual cost of all necessary engineering and iinspection based upon the Director’s reasonable estimate of staff time associated with and/or necessitated by such Permit; (b) A flat fee for the Inspection based upon the then-current fee schedule for inspection of the work,An applicant for a permit to construct a Ddriveway with surfacing other than dirt, gravel, or decomposed rock, shall, in addition to the issuance fee, pay an engineering and/or inspection deposit, the amount of which will be set by Director based on a reasonable estimate of staff time associated with and/or necessitated by such Permit, which amount may be updated from time to timeof $60.00 minimum.
14.16.100 Refund or Deficiency Payment.
(a) Where the deposit has been made under subsections (a) and (b) of Section 14.16.090, the Director shall deduct from the deposit the amount of the issuance fee and the actual cost to the county City of the required engineering and inspection. If such cost and fee is less than the deposit, upon request the difference shall be refunded to the Pperson making the deposit in the same manner as provided by law for the repayment of trust moniesSection 14.04.100 of this Code.
(b) If the cost, plus the issuance fee, exceeds the deposit, the permitteePermittee shall pay the excess to the City.
If they does not so pay within 15 days, the City may recover such sum administratively, and/or in any court of
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
competent jurisdiction. Until such amount is paid, further Ppermits shall not be issued to such permitteePermittee.
14.16.110 Relocation Costs.
If so required by the Director, the permitteePermittee shall make proper arrangements for, and bear the cost of relocating any Sstructure, public Uutility, tree, or shrub, where such relocation is made necessary by the proposed work for which a Ppermit is issued. The Director may elect to performdo the necessary relocation. In such case the permitteePermittee shall deposit with the Director a sum of money estimated by the Directorhim to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid upon requestto, or a deficiency shall be paid by, the permitteePermittee, as provided in Section 14.16.100.
14.16.120 Deposit forr Resetting Survey Monumentstakes.
If survey monuments are located in the vicinity of the proposed work and/or could potentially be impacted, disturbed, or removed by the proposed work, or if the Director requires the establishment of new survey monuments associated with the proposed work, the City or its contractor has elected to set or sets any stakes set for any work covered by this chapter, and if such stakes are disturbed or destroyed and it becomes necessary to set additional stakes, the Ppermittee shall deposit a sum estimated by the Director to be sufficient to pay the cost of setting and establishing or re-establishing the applicable record(s) for the monumentssuch additional stakes. The Director shall set the additional stakes. After such setting, a refund shall be paid on requestto, or a deficiency shall be paid by, the permittee as provided in Section 14.16.100.
14.16.130 Refund Upon Revocation.
When a Ppermit has been revoked by the Director, the Ppermittee may obtain request a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded.
14.16.140 Work to Commence in Sixty Days.Timely Commencement and Prosecution of the Work.
Every permitteePermittee shall commence the proposed work within 60 dayspromptly after the granting of the pPermit issuance and shall thereafter prosecute the work in a continuous, diligent, and workmanlike workerlike manner to completion.
(a) The Director may cancel a Permit unless the work is commenced within 60 days of the issuance thereof. (b) Any Permit is automatically rendered null and void if work is not started six months after date of issuance. (c) The Applicant shall prosecute with diligence and to the satisfaction of the Director all work covered by the Permit.
(d) The Director shall fix the time for completion of the work at permit issuance.
(e) The Director may at its sole discretion extend the period of time for completion for a sufficient time to enable work completion.
14.16.150 Revocation for Delay.
The Director shall fix the time for completion of the work at permit issuance. The Director may, upon request of the permittee, and for good cause shown, extend the period of time for completion for a sufficient time which, in the option of the City Engineer, will enable the permittee to complete the work.Unless in his their opinion a good
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
and sufficient reason exists for the failure of the permitteePermittee to comply with the provisions of Section
14.16.140, the Director may revoke the pPermit.
14.16.160 Work Must Conform to Permit.
(a) Permittee shall perform all work in accordance with the applicable Standards and approved plans and other Permit documents.
(b) Every pPerson who performs any work covered by this Cchapter in an amount greater than, or in any way different from or contrary to the terms of any pPermit issued therefor, is guilty of an infraction. (c) At the discretion of the Director, nonconforming work shall be removed at the Permittee’s sole cost.
14.16.170 Approval of Lines and Grades Obtained from Director.
Before a Ppermittee performs any work regulated by this Cchapter, they shall obtain approval from the Director of the lines and grades therefor.
14.16.180 Performance According to Plans and Specifications—Waiver of InspectionInspections.
(a) The permittee shall perform all work in accordance with the plans, if plans are made, and the specifications entitled "The Standard Specifications, Road Department of the County of San Diego," on file with the Director, and, further, to the satisfaction of the Director. (ab) The Director may waive inspection, if they believes such inspection is not necessary for the best interests of the City.
(a)(b) ; provided, however, aAny such waiver of inspection shall be issued to the Permittee in writing.
14.16.190 Subsequent Change in Plans and Specifications.
No change in any plans, if plans are made, or specifications shall be made unless approved in writing by the Director.
14.16.200 Request for Director Before Works Begins.
Not less than 4824 hours before the commencement of any work regulated by this chapter, the Ppermittee shall apply in writing to the Director for an inspector therefor. In such application they shall specify the day and hour when, and the location at which, the work will be commenced.
14.16.210 Approval of Concrete Forms.
No concrete shall be poured or placed until the Director has approved in writing the forms into which the concrete is to be poured or placed.
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
14.16.220 Warning LightsTraffic Control and Warning Devices.
A permitteePermittee shall place and maintain Ttraffic Ccontrol, warning devices, and safety lighting within the work area as requireddirectedDirected by the Director. Traffic Control and warning devices shall conform to the Standards, and the Manual on Uniform Traffic Control Devices, and applicable law. at each end of the work and not more than 50 feet apart along the side thereof, unless otherwise directed by the Director, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the Director.
14.16.230 Removal of Debris.
A permitteePermittee shall remove all material and debris:
(a) Where new work is covered with earth, in accordance with the terms of the specifications attached to the Ppermit;
(b) In all other cases within three days.
14.16.240 Notification of Completion of Work.
Whenever any Ppermittee has completed any work for which a Ppermit has been granted, they shall so notify the Director in writing.
14.16.250 Certificate of Acceptance.
If the Director by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the Ppermit, issued therefor and all of the provisions of this tTitle, they shall issue, if requested so to do by the Ppermittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the Ppermit.
14.16.260 Permittee's Responsibility.
The inspection, or approval, or acceptance of work or materials shall not relieve the Ppermittee of any of his their obligations to perform and compete the work according to the Ppermit, the plans, if plans are made, and the Sspecifications referred to in Sections 14.16.180 and 14.16.190.
14.16.270 Defective Work and Materials.
Upon order of the Director, any work or material which does not conform to the Ppermit, the plans, if plans are made, and the specifications referred to in Sections 14.16.180 and 14.16.190 shall be removed and replaced so as to conform to said plans and specifications, notwithstanding that such work or material has been previously inspected, or approved, or accepted by the Director.
14.16.280 Default of Permittee.
By applying for and obtaining a Ppermit pursuant to this tTitle, the Ppermittee agrees with the City that in the event the Ppermittee fails to comply promptly with the terms of the Ppermit and perform and complete the work according to the plans, if any, and the Sspecifications referred to in Sections 14.16.180 and 14.16.190, or fails to comply with any other provisions of this tTitle, the City may elect to perform and complete the work, in which event
Created: 2021-03-31 20:31:48 [EST]
(Supp. No. 5)
the Ppermittee shall pay to the City upon demand of the Director and prior to actual performance and completion of the work by the City or its contractor, any and all the costs of associated with performing and completing the work according to such pPermit, the plans, if any, and the Sspecifications, either by the use of the City's forces or by an independent contractor, whichever method the Director deems appropriate, and in the event the permitteePermittee fails to pay such cost to the City upon demand, the City may bring an action in a court of competent jurisdiction to recover such cost together with reasonable aAttorneys' fees.
14.16.290 Public Nuisance.
Any work performed contrary to the Ppermit, the plans, if plans are made, and the specifications referred to in Sections 14.16.180 and 14.16.190 is declared to be a public nuisance, and upon order of the City Council, the City Attorney may shall immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.
14.16.300 Capital Improvement Project Expense Reimbursement.
The requirement of reimbursement to the City for Capital Improvement Program projects shall occur in accordance with Chapter 17.54.
(Ord. No. 2003-1194, 7-22-03)
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.20 PLANTING, TRIMMING AND REMOVAL OF TREES AND SHRUBS
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
CHAPTER 14.20 PLANTING, TRIMMING AND REMOVAL OF TREES AND SHRUBS ARTICLE I. PLANTING, TRIMMING, DESTROYING, OR REMOVINGAL OF TREES,
HEDGES, ANDOR SHRUBS ON PUBLIC PROPERTY
14.20.010 Permit Required.
No Pperson shall trim, break, deface, destroy, burn or remove any tree, hedge, or large shrub growing on any public property or public Rright-of-way unless authorized to do so in writing by the Director or the City Council, and any removed trees shall be replaced to at least a one to one (1:1) ratio, or the cost of such replacement and associated work paid to the Cityoffset, by the responsible Pperson, as determined by the Director.
14.20.020 Application for Permit.
Any Pperson desiring to remove any tree, hedge, or large shrub from any public property or public rRight-of- way shall file an application with the Director.
14.20.030 Issuance of Permit—Denial of Permit.
(a) The Director may issue a written pPermit authorizing the removal of a specific tree, hedge, or large shrub on public property or a public rRight-of-way upon such terms and conditions as is deemed appropriate by the Director to provide protection to persons and property, or they may deny such pPermit. (b) Any Pperson removing a live tree, hedge, or shrub pursuant to a pPermit issued by the Director shall, within thirty (30) days following removal of the samesuch live tree, acquire and plant at least one (1) another tree specimen of a type and in a location specified in the pPermit, or by the Director. The requirement of replanting another tree may be waived by the Director where the requirement would impose an unreasonable hardship.
14.20.040 Removal or Trimming by City.
(a) If the Director deems that the trimming, pruning or removal of any tree, hedge, or shrub within a City Hhighway is necessary for the protection of the traveling public or public property, the Director shall subject to the availability of funds, personnelpersonnel, and equipment, cause such tree to be trimmed, prunedpruned, or removed to provide such protection.
(b) On application of any Pperson to whom there has been issued a pPermit has been issued to trim, prune, or remove a tree, hedge, or shrub from a City Hhighway, the Director may trim, prune, or remove such tree, hedge, or shrub described in such pPermit provided the cost thereof is paid by the permitteePermittee and provided there shall first be deposited with the Director a sum determined to be the estimated cost of such work. All such deposits shall be placed in a trust fundsegregated account. Following completion of the work the Director shall determine actual cost of the work and transfer that portion of the deposit to the appropriate City fund and return the balance to the depositor. Should the original deposit be insufficient to cover the actual cost of the work. the permitteePermittee shall be liable to the City for the unpaid balance and shall promptly pay such amount to the City upon demand of the Director.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.20 - PLANTING, TRIMMING AND REMOVAL OF TREES AND SHRUBS ARTICLE II. PLANTING OF TREES, HEDGES, AND SHRUBS
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
ARTICLE II. PLANTING OF TREES, HEDGES, AND SHRUBS ON PUBLIC PROPERTY
14.20.050 Permit Required.
No Pperson shall plant any tree, hedge, or shrub upon or within any City Hhighway, public Hhighway or public property within the City unless authorized in writing to do so by the Director, or by the City Councilas provided in approved plans or permits.
14.20.060 Application for Permit.
Any Pperson desiring to plant any tree, hedge, or shrub within any public or City Hhighway shall file an application with the Director.
(a) No pPermit for the planting of a tree, shrub, or hedge within any public or City Hhighway shall be issued by the Director unless the species of the tree, shrub, or hedge to be planted is approved by the Director.
The pPermit for the planting of a tree, shrub, or hedge may be issued upon such terms and conditions as the Director determines appropriate to protect Ppersons and property, or may be denied.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
CHAPTER 14.21 ENCROACHMENTS
14.21.010XXX Definitions.
As used in this Cchapter, the following terms shall have the meanings ascribed to them in this sSection:
Building Code. shall Mmeans the latest adopted code regulating building construction.
Encroachment. shall Mmeans any physical structure, object, or condition created on, in, along, under, or across, or under a Public Place to the benefit of another entity, agency, or person including but not limited to fencing, public dining areas, performance areas, and banners, .
Encroachment Work. shall mMeans the work of constructing, placing, installing, repairing, or maintaining an encroachment in the right-of-way.
(a) Minor Architectural Encroachment. shall Mmeans an Encroachment projecting from a bBuilding which provides only architectural enhancement and that projects no more than six inches6” into the Right- of-Way a or Public Place, and that, in the determination of the Director, does not unreasonably or unsuitably impact the use of the Right-of-Way or Public Place. (b) Parkway. shall mMeans the area of the right-of-way adjacent to and/or progressing parallel to thea traveled way between the edge of the road and adjacent property line.
14.21.020XXXX Permit Required
Except as provided by this Cchapter, no Pperson shall place, repair, maintain, or change any permanent and/or temporary Encroachment, nor perform Encroachment Work, within the City unless authorized in writing to do sopursuant to a pPermit issued by the Director, or by the City Council.
14.21.030XXXX Term, Binding on Successors.
(a)
(b) A pPermits for permanent Encroachment shall run with the Encroachments and inure to the benefit of and be binding on all future owners, encumbrancerss, successors- in- interest, heirs, personal representatives, transferees, assignees, and any other parties having or acquiring any right, title, or interest in the described Encroachment,s or any part thereof, and/or any appurtenant Sstructures or Ffacilities necessary or desirable for the appropriate operation and maintenance of the Encroachments.
(c) At the discretion of the Director, the Permittee shall cause to be recorded in the Office of the San Diego County Recorder a covenant against the adjacent private property, in a form approved by the Director, memorializing the terms, maintenance, insurance requirements, and any other City- required provisions. Such covenant shall be record against the property prior to Permit issuance. (d) Any future removal, abandonment, or other elimination of the Encroachment shall require prior approval from the Director and be completed to the Director’s satisfaction. Removal may be initiated by the Director as per Section 14.21.090.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
124.21.0401.XXXX Insurance
(a) *Need Language, but would like to allow the City flexibility to establish policy since encroachment impact and risk may vary greatly*Each ApplicantApplicant for a Ppermit required by this Chapter shall, prior to issuance of the Ppermit, provide proof of insurance, to the satisfaction of the Director, and in accordance with requirements set forth in City policies in effect at that time. (b) Permittee shall maintain such satisfactory insurance for the duration of the Encroachment.
14.21.050 XXXX Fee Required
At the time of making an application for a Permit under this Chapter, the Every AapplicantApplicant for a Ppermit required by this Chapter title shall at the time of making application for the Ppermit or license pay the required fees and make the deposits required for such Ppermit. Fees may include ongoing payment to the City for Encroachments used for commercial and/or revenue generating activities, as as such fees and payments may be set forth in the effective Permit or by separate approved fee schedule approved by the Director. in effect, as applicable.
In addition, the Permittee shall make the ongoing payment to the City for the continued use of the Right-of-way or Public Place, as may be required by the Director.
14.21.060XXXX Exemptions from Ppermit Rrequirements
The following uses of the right-of-way are not subject to the provisions of this Cchapter, but would require right-of-way Ppermits,shall otherwise comply with permitting requirements as otherwise required byin this Code:
(a) Encroachments otherwise allowed able under a separate City-approved agreement. (b) Improvements installed by a utility which has rights to occupy a Public Place under an existing franchise agreement.
(c) Minor Architectural Encroachments.
(d) Encroachments allowable under the adopted Building Code. (e) Vegetation not exceeding 24” in mature height within the Parkway which is less than 30” in height. (f) Subsurface irrigation lines within the Parkway.
(g) Mailboxes.
Standard concrete or asphalt Minor Architectural Encroachments (h) DDdriveways.
14.21.070XXX General conditions
Any Encroachment shall comply with the following requirements:
(a) TheAn Encroachment shall not be placed in such a manner to affect a existing pedestrian pathways in such a way toso as to make it them non-compliant with the Americans with Disabilities Act.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
(b) TheNo Encroachment shall not create a hazard to the public as determined by the Director. (c) Any The Encroachment Work must comply with other provisions of Chapter 14.15. (d) Permittee shall be required to get all applicable Ppermits required for in the performance of Encroachment Work.
(e) The Director shall not approve the application unless satisfied that the work proposed to be done will not significantly damage the Right-of-way or Public Place nor create an unreasonable risk of harm to Persons or property.
14.21.080XXXX Obligation to Maintain
Permittee shall, at its sole cost and expense and without any cost or expense to the City, maintain the Encroachment in a good order and in a clean, secure, safe, and sanitary condition satisfactory to the Director and in compliance with all applicable local, statestate, and federal laws, rules, ordinancesordinances, and regulations.
Vegetation, irrigation, and other such encroachments exempt from pPermits, within the Parkway shall be considerednot installed by the City or its predecessor in interest, are the obligation of the adjacent property owner that installed the Encroachment and/or desires to retain the Encroachment, to which they provide benefit, unless the City has expressly taken assumed in writing on the obligation to maintenmaintainance of said Encroachment, by written agreement. If the adjacent property owner does not assume the obligation in writing, the Encroachment may be removed by the City at its discretion. In no event shall the City be obligated for the costs and expense necessary to maintain such Encroachment; nor does the City assume any obligations or risks associated with the same.
14.21.090XXXX Removal
The Director in their his discretion may immediately remove, or require the removal or relocation of any Eencroachment, lawful or unlawful, that:
(a) Obstructs or prevents the use of a Public Place;
(b) Is not sufficiently maintained to preserve its health and/or visual appeal; (c) Is dDeemed abandoned by the Director;.
(d) Presents Is a hazard to motorists, pedestrians, or other users of a Public Place; (e) Consists of, or contains advertising, or material of a political nature or other material that does not consist of City speech as governed by other Chapters of this code.; (f) Is, at the sole discretion of the Director, no longer in the best interest of the City to remain in place;. or (g) Permittee fails to pay ongoing pPermit consideration.
14.21.100XXXX City free from liability
The AapplicantApplicant shall agree to indemnify and/or hold harmless the City, each of its officers and its employees, harmless from any liability or responsibility for accident, loss, or damage to persons or property, arising TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
by reason of the Encroachment or Encroachment Work done by the AapplicantApplicant, or theirhis agents, employees, or representatives.
14.21.110xxx Violations of This Chapter.
The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the City be charged and prosecuted as an infraction. Penalties, finesfines, and procedures for violations shall be in accordance with Chapter 1.12 of this Municipal Code. Additionally, violations of this chapter are deemed adverse and detrimental to the public health, safetysafety, and welfare and, therefore, constitute a public nuisance. The assistance of a law enforcement officer may be enlisted to arrest violators as provided in the California Penal Code and/or to issue a citation and notice to appear.
14.21.120xxx Default of Permittee.
By applying for and obtaining a Permit pursuant to this Ttitle, the permitteePermittee agrees with the City that in the event the permitteePermittee fails to comply promptly with the terms of the Ppermit and perform and complete the work according to the plans, if any,, or fails to comply with any other provisions of this Ttitle, the City may elect to perform and complete the work, in which event the permitteePermittee shall pay to the City upon demand of the Director and prior to actual performance and completion of the work by the City or its contractor, the cost of performing and completing the work according to such Ppermit, the plans, if any, and the specifications either by the use of the City's forces or by an independent contractor, whichever method the Director deems appropriate, and in the event the permitteePermittee fails to pay such cost to the City upon demand, the City may bring an administrative action or seek redress in a court of competent jurisdiction to recover such cost together with reasonable attorneys' fees and all associated costs, including witness fees.
14.21.130xxx Public Nuisance.
Any work performed contrary to the Ppermit, the plans, if plans are made, is declared to be a public nuisance, and upon order of the City Council, the City Attorney may immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.
14.21.XXXX Enforcement
**Need Lanaguage***
Formatted: Block 1, Justified
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES
14.24.010 Definitions.
As used in this cChapter, the following terms shall have the meanings ascribed to them in this section:
(a) Commission shall mean the Public Utilities Commission of the State. (b) Poles, Ooverhead Wwires, and Aassociated Ooverhead Sstructures shall mean poles, tower, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above ground within a district and used or useful in supplying electric, communication, or similar or associated service. (c) Underground uUtility Ddistrict or Ddistrict shall mean that area in the City within which Ppoles, Ooverhead Wwires, and Aassociated Ooverhead sStructures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Cchapter. (d) Utility shall mean all persons supplying electric, communication, or similar or associated service by means of electrical materials or devices.
14.24.020 Establishment of Underground Utility Districts; Hearing; Resolution Directing Removal of Overhead Facilities.
(a) The City Council may from time to time call public hearings to ascertain whether the public health, safety, or welfare requires the removal of pPoles, Ooverhead Wwires, and Aassociated Ooverhead sStructures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and conclusive. (b) If, after any public hearing held pursuant to subsection (a), the City Council finds that the public health, safety, or welfare requires the removal of pPoles, Ooverhead Wwires, and aAssociated Sstructures and such an underground installation within a designated area, the City Council shall, by resolution, declare such designated area an Uunderground Uutility Ddistrict and order such removal and underground installation. The resolution shall include a description of the area comprising the Ddistrict and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for the removal and the underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
Immediately following the adoption of the resolution, the City Clerk shall cause a certified copy of such resolution to be recorded in the office of the County Recorder.
14.24.030 Unlawful Failure to Remove Overhead Facilities.
Whenever the City Council creates an Uunderground Uutility Ddistrict and orders the removal of poles, overhead wires and associated overhead sStructures therein as provided in this chapter, it shall be unlawful for any pPerson or Uutility to erect, construct, place, keep, maintain, continue, employ or operate Ppoles, Ooverhead
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
Wwires and Aassociated Ooverhead Sstructures in the Ddistrict after the date when the overhead facilities are required to be removed by the resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of the underground work necessary for such owner or occupant to continue to receive Uutility service as provided in this chapter, and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter.
14.24.040 Facilities to Which this Chapter is Inapplicable; Exception. (a) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 20 days, without authority of the City Council in order to provide emergency service. The City Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any pPerson or Uutility, to erect, construct, install, maintain, use, or operate Ppoles, Ooverhead Wwires, and Aassociated Ooverhead Sstructures.
(b) This chapter and any resolution adopted pursuant to this chapter shall not, unless otherwise provided in such resolution, apply to the following types of facilities:
(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City EngineerDirector;
(2) Poles or electroliers used exclusively for street lighting; (3) Overhead wires, exclusive of supporting sStructures, crossing any portion of a Ddistrict within which overhead wires have been prohibited or connecting to bBuildings on the perimeter of a Ddistrict, when such wires originate in an area from which Ppoles, Ooverhead Wwires, and Aassociated Ooverhead Sstructures are not prohibited;
(4) Poles, Ooverhead Wwires and Aassociated Ooverhead Sstructures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
(5) Overhead wires attached to the exterior surface of a bBuilding by means of a bracket or other fixture and extending from one location on the bBuilding to another location on the same bBuilding or to an adjacent bBuilding without crossing any pPublic sStreet; (6) Antennas, associated equipment, and supporting Sstructures used by a Uutility for furnishing communication services;
(7) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal- mounted terminal boxes and meter cabinets, and concealed ducts; (8) Temporary Ppoles, Ooverhead Wwires, and aAssociated Ooverhead sStructures used or to be used in conjunction with construction projects.
14.24.050 Notice of City Council Action of Creating District. (a) Within ten days after the effective date of a resolution adopted pursuant to this Cchapter requiring the underground installation of utilities facilities, the City Clerk shall notify all affected utilities and all persons owning real property within the Ddistrict created by the resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any Pperson occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary Ffacility changes on their premises so as to receive such services from the lines of the supplying uUtility or uUtilities at a new location, subject to applicable rules, regulations, and tariffs of the respective Uutility or uUtilities on file with the Commission.
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
(b) Notification by the City Clerk, as required by subsection (a), shall be made by mailing a copy of the resolution adopted pursuant to this cChapter, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
14.24.060 Duty of Utility Companies in Underground Construction.
If underground construction is necessary to provide uUtility service within a dDistrict created by any resolution adopted pursuant to this Cchapter, the supplying uUtility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulationsregulations, and tariffs on file with the Commission.
14.24.070 Duty of Property Owners With Respect to Underground Installations; Action by the City upon Failure of the Property Owner to Act; Assessment of Costs. (a) Each Pperson owning, operating, leasing, occupying or renting a bBuilding or Sstructure within a Ddistrict created pursuant to this cChapter shall perform construction and provide that portion of the service connection on his their property between the facilities required by this chapter to be furnished by the Uutility company and the termination Ffacility on or within the Bbuilding or Sstructure being served, all in accordance with applicable rules, regulations, and tariffs of the respective uUtility or uUtilities on file with Commission. (b) In the event any Pperson owning, operating, leasing, occupying, or renting said property does not comply with the provisions of subsection (a) of this section within the time provided therefor in the resolution enacted pursuant to this chapter establishing a dDistrict, the DirectorCity Engineer shall proceed pursuant to either of the following alternatives:
(1) Alternative One: The City Engineer shall post written notice on the property being served, shall give notice in writing to the pPerson in possession of such premises and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt and posting of the notice. Thirty days after the posting and giving of notice as provided in this paragraph, the City Engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying Uutility service to the property.
(2) Alternative Two:
(a) The City Engineer shall give notice in writing to the pPerson in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of the notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the Pperson in possession of the premises at the premises and the notice shall be addressed to the owner thereof as such owner's name and last known address appear on the last equalized assessment roll and, when no address appears, to "General Delivery, City of San Marcos." If notice is given by mail, the notice shall be deemed to have been received by the Pperson to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of the premises, the City Engineer shall within 48 hours after the mailing of the notice, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.
(c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if the work is not
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
completed within 30 days after receipt of the notice, the City Engineer shall provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien on the property.
(d) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying Uutility service to the property. Upon completion of the work, k by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.
(e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the Pperson in possession of such premises, and a notice in writing to the owner thereof, in the manner provided in this section for the giving of the notice to provide the required underground facilities, of the time and place that the City Council will pass upon the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.
(f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify, or reject the assessment.
(g) If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer shall turn over to the Assessor and the Tax Collector a notice of lien on each of the properties on which the assessment has not been paid. The Assessor and the Tax Collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment has not been paid. The assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the legal rate of six percent per annum.
14.24.080 Duties of the City.
The City shall remove at its own expense all City-owned equipment from all pPoles required to be removed hereunder in ample sufficient time to enable the owner or user of the pPoles to remove them within the time specified in the resolution adopted pursuant to this cChapter.
14.24.090 Extensions of Time.
In the event that any act required by this cChapter or by a resolution adopted pursuant to this cChapter cannot be performed within the time provided on account of a shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the pPerson upon whom a duty is placed by this chapter to act, then the time within such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.
TITLE 14 - STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES CHAPTER 14.25 DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:31:49 [EST] (Supp. No. 5)
CHAPTER 14.25 DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION1
14.25.010 Purpose.
This chapter is applicable to all video service providers who are eligible for, and have been awarded, a State Vvideo fFranchise under DIVCA, to provide video services in any portion of the City.
14.25.020 Ordinance Renewal.
California Public Utilities Code Section 5870(n) includes a sunset provision of this City ordinance "upon the expiration of the State franchise." This Chapter 14.25 shall terminate upon the expiration of the current State Video Franchise and shall auto renew upon the issuance of a new State Video Franchise.
14.25.030 Rights Reserved.
The rights reserved to the City under this Chapter 14.25 are in addition to all other rights of the City whether reserved by this Chapter 14.25 or authorized by other Aapplicable Llaw, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the City.
14.25.040 Compliance With Chapter 14.25.
Nothing contained in this Chapter 14.25 shall exempt a State Franchise Holder from compliance with all ordinances, rulesrules, or regulations of the City now in effect or which may be hereafter adopted which are not inconsistent with this chapter or DIVCA, or obligations under any franchise previously issued by the City, insofar as those may be enforced under DIVCA.
14.25.050 Definitions.
For purposes of this Chapter 14.25, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter. Unless otherwise expressly stated, words not defined in this Chapter 14.25 shall be given the meaning set forth in the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code Section 5800 et seq. ("DIVCA"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The word "shall" is always mandatory.
(1) Access Channel means any channel on a cable system or video system set aside by a State Franchise Holder for public, educational, or governmental use.
(2) ApplicantApplicant means any Pperson submitting any application required under Division 2.5 of the California Public Utilities Code.
1Note(s)—(Entire Chapter added by Ord. 2008-1299; 2008-1301, 2-26-08)
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
(3) Applicable lLaw means all lawfully enacted and applicable Federal, State, and City laws, ordinances, codes, rules, regulationsregulations, and orders as the same may be amended or adopted from time to time.
(4) Cable Sservice means: (i) the one-way transmission to subscribers of video programming or other programming services; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(5) City means the City of San Marcos.
(56) City Council means the governing body of the City of San Marcos, California. (67) City Manager means the City's Chief Executive Officer or any designee thereof. (68) Construction, operation, or repair and similar formulations of those terms mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of component, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavationEexcavation, and tree trimming. The term "operation" does not encompass or regulate the provision of services, but refers to activities affecting rights-of-way and other property subject to the jurisdiction of the City.
(89) DIVCA means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the California Public Utilities Code Section 5800 et seq., as may be amended from time to time. (910) Gross Revenues means all revenues (whether in the form of cash or other consideration) of a State Franchise Holder or its affiliates in any way derived from its operations within the City. (110) Incumbent Cable Operator shall have the same meaning as in DIVCA. (112) Network shall have the same meaning as in DIVCA.
(123) PEG or Public, Educational, and Governmental shall have the same meaning as in DIVCA. (134) Person means any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts and societies.
The term does not include the City.
(145) Public rRights-of-way shall have the same meaning as in DIVCA. (156) State Video Franchise means a Franchise issued by the California Public Utilities Commission to provide Ccable Sservice or Vvideo Sservice, as those terms are defined in DIVCA, within any portion of the City. (167) State Franchise Holder means a Pperson who holds a State Video Franchise. (178) Subscriber means the City or any pPerson who legally receives any Ccable Sservice or Vvideo Sservice from a State Franchise Holder delivered over that State Franchise Holder' s Nnetwork. (189) Video Service shall have the same meaning as in DIVCA.
14.25.060 State Video Franchise Fee.
For any State Franchise Holder operating within the boundaries of the City, there shall be a State franchise fee paid to the City equal to five percent of the Gross Revenues of that State Franchise Holder or any affiliate that are subject to a franchise fee under California Public Utilities Code Section 5860.
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
14.25.070 PEG Fees.
(a) For any State Franchise Holder operating within the boundaries of the City of San Marcos, there shall be a PEG fee paid to the City equal to one percent of the Gross Revenues of that State Franchise Holder or any affiliate that are subject to a franchise fee under California Public Utilities Code Section 5860. (b) PEG fees shall be used to support PEG channel facilities consistent with applicable federal and State law.
14.25.080 Payment of Fees.
The State franchise fee required pursuant to Section 14.25.060, and the PEG fee required pursuant to Section
14.25.070, shall each be paid to the City quarterly, in a manner consistent with California Public Utilities Code Section 5860. The State Franchise Holder shall deliver to the City, by check or other means specified by the City, a payment for the State franchise fee and a separate payment for the PEG fee not later than 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, containing such information as the City Manager or designeeDirector may require consistent with DIVCA. Unless the City Manager or designeeDirector provides otherwise, the summary statement shall identify:
(a) Revenues received from subscribers, by category, with service revenues broken out by service levels; (b) Any charges to subscribers for which revenues were received, but on which a franchise fee was not paid; (c) Where the fee is paid on an allocated portion of revenues received, the total revenues received; the allocation factor; and how the allocation factor was calculated.
14.25.090 Audit Authority.
The City may examine and perform an audit of the business records of a State Franchise Holder to ensure compliance with Sections 14.25.060 and 14.25.070, in a manner consistent with California Public Utilities Code Section 5860(i).
14.25.100 Late Payments.
In the event a State Franchise Holder fails to make payments required by this chapter on or before the due dates specified in this chapter, the City shall impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent, or the maximum amount allowed by law, whichever is less.
14.25.110 Lease of City-Owned Network.
In the event a State Franchise Holder leases access to a Nnetwork owned by the City, the City may set a franchise fee for access to the City-owned Nnetwork separate and apart from the franchise fee charged to State Franchise Holders pursuant to Section 14.25.060, which fee shall otherwise be payable in accordance with the procedures established by this chapter.
14.25.120 PEG Access Channels (Public, Educational and Governmental Access).
State Franchise Holder shall designate no less than three PEG Access Channels for the exclusive use of the City.
Such PEG Access Channels shall be under the exclusive management and editorial control of the City and shall not be shared with other cities. The City may designate a representative, such as a nonprofit entity, to use and administer to said PEG Access Channels.
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
14.25.130 Customer Service Standards and Penalties.
The holder of a State Video Franchise shall comply with all applicable State and federal customer service and protection standards pertaining to the provision of cable or Vvideo Sservice, including, to the extent consistent with California Public Utilities Code Section 5900, all existing and subsequently enacted customer service and consumer protection standards established by State and federal law and regulation. All fee charges to Subscribers and users shall be uniform throughout the City's franchise area.
(a) Verification of Compliance. Upon 15 days' prior written notice, the City may require a State Franchise Holder to provide a written report demonstrating its compliance with any of the customer service and protection standards specified in this Section 14.25.130. The State Franchise Holder must provide sufficient documentation to enable the City to verify compliance. (b) Fines. City Manager or designeeThe Director shall monitor and enforce the compliance of State Franchise Holders with respect to State and federal customer service and protection standards. City Manager or designee The Director will provide the State Franchise Holder written notice of any material breaches of applicable customer and service standards, and will allow the State Franchise Holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the DirectorCity Manager or designee:
1. For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
2. For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
3. For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation. (c) Appeal of Fines. A State Franchise Holder may appeal a penalty assessed by the City Manager or designeeDirector to the City Council within 60 days. After relevant speakers are heard, and any necessary staff reports are submitted, City Council will vote to either uphold or vacate the penalty. City Council's decision on the imposition of a penalty shall be final. (d) Subscriber Complaints and Disputes. The State Franchise Holder must establish written procedures for receiving, acting upon, and resolving Subscriber complaints without intervention by the City. The State Franchise Holder must file a copy of these procedures with the City. These procedures must include a requirement that the State Franchise Holder respond in writing to any written complaint from the Subscriber within ten days after receiving the Subscriber complaint.
1. The City has the right to review the State Franchise Holder's response to any Subscriber complaint.
2. All Subscribers have the right to continue receiving service so long as their financial and other obligations to the State Franchise Holder are honored.
3. A State Franchise Holder shall, at the time of the initial subscription of the Subscriber to the system and annually thereafter, furnish a notice to the Subscriber of their rights to a refund for any loss or interruption of service for 48 hours or more.
14.25.140 Customer Privacy.
(a) A State Franchise Holder shall abide by all customer privacy requirements of Federal and State law. Without limiting the foregoing, at least annually, a State Franchise Holder shall provide notice in the form of a separate, written statement to each Subscriber, which clearly and conspicuously informs the Subscriber of:
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
1. The nature of personally identifiable information collected or to be collected with respect to the Subscriber and the nature of the use of such information; and
2. The nature, frequencyfrequency, and purpose of any disclosure, which may be made of such information, including the identification of the types of persons to whom the disclosure may be made. (b) Revealing Subscriber Preferences. A State Franchise Holder shall not reveal individual Subscriber preferences, viewing habits, beliefs, philosophy, creedscreeds, or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the Subscriber. (c) Parental Control Lock. The State Franchise Holder shall provide Subscribers, upon request, with a parental locking devise or digital code that permits inhibiting certain channels.
14.25.150 City Response to State Video Franchise Applications. (a) Each State Franchise Holder or applicantApplicant for a State franchise to provide Vvideo or cCable Sservice within the boundaries of the City of San Marcos must concurrently provide complete copies to the City of any notice, application or amendments to applications filed with the PUC. One complete copy must be provided to the City Clerk, and one complete copy to the City Manager of the City of San MarcosDirector. (b) The City ManagerDirector will provide any appropriate comments to the PUC regarding any notice, applicationapplication, or amendment to an application for a State Video Franchise.
14.25.160 Permits.
(a) Prior to commencing any work on public property or in a rRight-of-way, a State Franchise Holder shall apply for and obtain a Ppermit from the City Manager. In connection with the pPermitting of work on private property, the State Franchise Holder must also obtain the written permission of the property owner prior to obtaining a Ppermit from the City Manager. Failure to obtain the written permission of the property owner shall be grounds for denial of a work Ppermit by the City Manager. A pPermit application is complete when the State Franchise Holder has complied with all Aapplicable Llaws and regulations, including, but not limited to, all applicable requirements of Division 13 of the California Public Resources Code Section 21000 et seq. (the California Environmental Quality Act).
(b) The City Manager shall either approve or deny a State Franchise Holder's application for any Ppermit upon such terms and conditions as is deemed appropriate by the City ManagerDirector to provide protection to persons and property.
(c) If the City Manager denies a State Franchise Holder's application for a pPermit, the City Manager shall, at the time of notifying the applicantApplicant of denial, furnish to the applicantApplicant a detailed explanation of the reason or reasons for the denial.
(d) A State Franchise Holder that has been denied a pPermit by final decision of the City Manager may appeal the denial to the City Council in accordance with Chapter 2.14 of the City Code of Ordinances. (e) The issuance of a pPermit is not a franchise, and does not grant any vested rights in any location in the Public rRights-of-way, or in any particular manner of placement within the rights-of-way. Without limitation, a Ppermit to place cabinets and similar appurtenances above ground may be revoked and the permitteePermittee required to place facilities underground, upon reasonable notice to the permitteePermittee.
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
14.25.170 Right-of-Way Management.
(a) A State Franchise Holder shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, differentdifferent, or additional poles, conduitsconduits, or other facilities whether on public property or on privately owned property unless and until first securing the written approval of the City ManagerDirector, or on private property of any third party without the additional written permission of the owner. Whenever the State Franchise Holder shall not utilize existing poles, conduits and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or whenever the City shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the City, in the exercise of its police power or pursuant to the terms hereof, upon reasonable notice to grantee, any such conduits or other facilities of the State Franchise Holder shall be constructed, installed, placed or replaced beneath the surface of the streets. Any Cconstruction, installation, placement, replacement, or changes which may be so required shall be made at the expense of State Franchise Holder whose costs shall be determined as in the case of public utilities.
(b) All transmission lines, equipment and sStructure shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate, and substantial condition, and in good order and repair. (c) Any and all Public rRights-of-way, public property, or private property that is disturbed or damaged during the upgrade, rebuild, repair, replacement, relocation, operation, maintenance, or construction of any transmission lines, equipment or Sstructure by State Franchise Holder or its agent, shall be repaired, replaced and restored, in a good workmanlike, timely manner, to substantially the same condition as immediately prior to the disturbance (including appropriate landscape restoration). (d) Work by or on behalf of a State Franchise Holder concerning, installation, maintenance, replacement or removal of any transmission lines, equipment or Sstructure, or any part thereof, shall be publicized by the State Franchise Holder, at its cost, in the manner and at the times the City Manager periodically may direct. (e) In those areas of the City where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground or hereafter are placed underground, each State Franchise Holder shall likewise construct, operate, and maintain all of its Nnetwork facilities underground. The term "underground" includes a partial underground system; provided, that upon obtaining the written approval of the City Manager, passive devices, power supplies and other equipment in the grantee's Nnetwork may be placed in appropriate housings upon the surface of the ground, subject to applicable provisions of the City Code, regulations, and practices. (f) A State Franchise Holder, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any Nnetwork property of the State Franchise Holder when, in the opinion of the City Manager, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other type of Sstructure or improvements by governmental agencies whether acting in a governmental or proprietary capacity, or any other Sstructure of public improvement, including but not limited to, movement of bBuildings, urban renewal Ddevelopment, and any general program under which the City shall undertake to cause all such properties to be located beneath the surface of the ground. The State Franchise Holder shall in all cases have the privilege, subject to the corresponding obligations, to abandon any Nnetwork property in place, as herein provided. Nothing hereunder shall be deemed a taking of the property of the State Franchise Holder, and the grantee shall be entitled to no surcharge by reason of anything hereunder.
(g) Upon the failure, refusalrefusal, or neglect of the State Franchise Holder to cause any work or other act required by law or hereunder to be properly complete in, on, over or under any street within any time
Created: 2021-03-31 20:31:49 [EST]
(Supp. No. 5)
prescribed therefore, or upon notice given, where no time is prescribed, the City ManagerDirector may cause such work or other act to be completed in whole or in part, and upon so doing, shall submit to grantee an itemized statement of the costs thereof. The grantee shall, within 30 days after receipt of such statement, pay to the City the entire amount thereof.
(h) In the event that the use of any part of the State Franchise Holder's Nnetwork is discontinued for any reason for a continuous period of 30 days, without prior written notice to and approval by the City; or any part of such Nnetwork has been installed in any street or other area without complying with the requirements hereof; then the State Franchise Holder shall, at the option of the City, and at the expense of the State Franchise Holder and at no expense to the City, and upon demand of the City, promptly remove from any streets or other area any such Nnetwork property, and the State Franchise Holder shall promptly restore the street or other area from which such property has been removed to such condition as the City Manager may prescribe. The City Council may, upon written application therefore by the State Franchise Holder, approve the abandonment of any of such property in place by the State Franchise Holder and under such terms and conditions as the City Council may prescribe. Upon abandonment of any such nNetwork property in place, the State Franchise Holder shall cause to be executed, acknowledgedacknowledged, and delivered to the City such instruments as the City Attorney shall prescribe and approve, transferring and conveying the ownership of such property to the City.
14.25.180 Emergency Alert Systems.
Each State Franchise Holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the State Franchise Holder's Nnetwork.
14.25.190 Interconnection for PEG Programming.
Each State Franchise Holder, and each Incumbent Cable Operator, shall negotiate in good faith to interconnect their Nnetworks for the purpose of providing PEG programming. Interconnection may be accomplished by any means authorized under California Public Utilities Code Section 5870(h). Each State Franchise Holder and Incumbent Cable Operator shall provide interconnection of PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a State Franchise Holder and an Incumbent Cable Operator cannot reach a mutually acceptable interconnection agreement, the City may require the Incumbent Cable Operator to allow the State Franchise Holder to interconnect its Nnetwork with the Incumbent Cable Operator's Nnetwork at a technically feasible point on the State Franchise Holder's Nnetwork as identified by the State Franchise Holder. If no technically feasible point for interconnection is available, each State Franchise Holder will make an interconnection available to each channel originator providing PEG programming to an Incumbent Cable Operator, and will provide the facilities necessary for the interconnection. The cost of any interconnection will be borne by the State Franchise Holder requesting the interconnection unless otherwise agreed to by the State Franchise Holder and the Incumbent Cable Operator.