San Marcos City Council
September 10, 2024

San Marcos, California, Code of Ordinances
TITLE 14 CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES

San Marcos, California, Code of Ordinances Created: 2024-03-14 14:34:09 [EST] (Supp. No. 9)

TITLE 14
CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES1
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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.010 Definitions.

For the purposes of this Title 14 ("Title"), the following words shall have the meanings set out in this section:
(a) Applicant means any person making written application for a permit hereunder, except as specifically provided in section 14.25.050.
(b) Building or Structure. 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 hav ing a width of more than eight feet, other than any implement of husbandry or any special mobile equipment, as defined in the Vehicle Code, 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 the Vehicle Code. (c) Building Code means the latest adopted code regulating Building construction. (d) City means the City of San Marcos.
(e) Civil Engineer means a Professional Engineer registered in the State of California to practice in the field of civil engineering.
(f) Director means the City Manager of the City of San Marcos or their designee. (g) Driveway means a surface intended for exclusive vehicular ingress and egress from a public or private street or drive-aisle commercial highway; any highway that is not a residential driveway .

1Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, amended the title of Title 14 to read as herein set out. Formerly Title 14 was entitled "Streets, Sidewalks, and Underground Utility Facilities."

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

(h) Emergency Work means 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 w elfare of City residents. (i) Encroachment means 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 Facility, water quality Fa cility, pathway, private walk, embankment, tower, pole, pole line, pipe, pipeline, driveway, private road, wall, fence, billboard, stand, or Building, or any Structure or object of any kind or character not particularly mentioned in this Chapter.
(j) Encroachment Work means the work of constructing, placing, installing, repairing, or maintaining an Encroachment in the Right-of-way.
(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. (l) Highway means any public highway, Public Street, public way, or Public Place in the City, held as Right - of-way, and used for purpose of travel.
(m) Person means any 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, the County of San Diego, and the City, including all departments and bureaus thereof, except as specifically provided in section 14.25.050. (n) Permit means the authorization from the Director to perform work, along with associated documents submitted by the Applicant, together with applicable plans, Standards, Traffic Control plans, application, and Permit conditions.
(o) Permittee means the Applicant or developer in whose name a valid Permit is duly issued pursuant to this Chapter and their agents, employees, and others acting under their direction. (l) Public Place means any Highway, Public Street, way, Right-of-way, place, alley, sidewalk, Trail, park, square, or any other public property owned or controlled by any government agency in a governmental capacity.
(p) Public Street. Means the full width of the surfaced or traveled portion, including shoulders, of any road, street, Highway, path, lane, alley, avenue, or other public way or public 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 Highways 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 Highway purposes.
(r) 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. (s) Standards means 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.

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

(t) Structure. See Building.
(u) They and their as used herein are the gender-neutral singular pronoun (such as he/she/they) and the associated possessive (his/hers/theirs).
(v) Traffic Control means by which vehicular traffic is safely routed through a work zone. (w) Vehicle Code means the Vehicle Code of the State of California. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Applicant for a Permit or license required by this Title shall make an application to the Director. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.030 Application of Contractor.

In addition to the application required by Section 14.04.020, the contractor of any such Person also shall be required to obtain a Permit; provided, however, any contractor of the City for Highway construction, improvement or repair shall not be required to obtain a Permit pursuant to this Title. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.040 City Free From Liability.

The Applicant shall indemnify and 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 Applicant, or their agents, employees, or representatives. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.050 Fee.

Every Applicant for a Permit or license required by this Title shall at the time of making application for the Permit or license pay the fees required for such Permit or license.

The Applicant shall provide the required security to guarantee proper completion of the Permitted work as described in this Title prior to Permit issuance.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.060 Fee or Deposit Exemption.

If the United States, the State of California, this City or any other municipality, any municipal corporation, school district, other special district, or public body files with the Director a written guarantee of payment of all costs for which they may become liable to the City, then neither an issuance fee nor deposit is required from such Persons.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.04.070 Waiver of Prepayment of Fees.

At the request of any Permittee who maintains with the Director a general deposit as provided in this Chapter, the Director may waive the requirement for prepayment of the issuance fees and bill said Permittee for issuance fees for those Permits 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 submitted. The Director may revoke such waiver at any time, and must revoke the waiver if th e Permittee fails to pay the bill for fees within the required time.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.080 Billing of Permittee Granted Prepayment Waiver.

Where the Director grants the waiver provided in Section 14.04.070, Permittee shall be billed monthly for all Permits issued during the month, and the Permittee shall pay said bill not later than 30 calendar days from the invoice date.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.090 Purpose of Fees.

The issuance fees required by this Chapter are for the purpose of defraying the cost of issuing the requested Permit. No part of any issuance fee may be refunded to any Applicant. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.100 Deposit of Fees.

Issuance fees, deposits, and charges for repairs, inspection, or engineering services collected under the provisions of this Title shall be deposited into the respective accounts from which the corresponding disbursements will be or were made. Deposits made by Applicants shall be held by the City for a duration of three years following the completion and acceptance of the work for which the Permit in question was issued, after which time any 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 Applicant 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. Notwithstanding this Section 14.04.100, Applicants shall remain responsible for the cost of any repairs, inspection, or engineering costs associated with Permit(s) issued by the City. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.110 Explanation of Costs.

Whenever in the provisions of this Title any costs are to be charged to any Permittee, and no other method for the calculation of such costs is specified, such costs are the actual costs including the proportionate part of the salaries, wages, or other compensation of any deputy or employee, plus cost of overhead not to exceed 15 percent of the total.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.04.120 Approval of Application.

The Director shall not approve the application unless it appears to the Director that the work proposed to be done will not significantly damage the Highways nor create an unreasonable risk of harm to Persons or property and that the approval of said application is in the public interest. 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 Highways would be created, and that no unreasonable risk of harm to Persons or property would be created.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.130 Issuance of Permit.

When the Director approves an application for a Permit, and after all fees, costs, and deposits applicable to such Permit have been received by the City, the Permit will be issued. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Permit subject to conditions of any public agency, special district, or public Utility having lawful authority to occupy the Highways and authorized by law to establish or maintain any works or facilities in, over, or under any public Highway. Any such Permit shall contain a provision that in the event that the future improvement of the Highway necessitates the relocation of its facilities, the Permittee will relocate the same at their sole expense. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.150 Conditions May be Changed After Permit is Issued.

Any Permit issued by the Director under any of the provisions of this Title, 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 Highways, or to prevent undue interference with traffic, to protect both Persons and property within or adjacent to such Highways 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 Permittee or by personal service of the same on Permittee. 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 Permit may provide for service by email; if the Permittee provides an email address, the amendment or change shall be immediately effective.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.160 Revocation of Permit.

All Permits other than those issued to public agencies or a public Utility having lawful authority to occupy the Highways are revocable on five days' notice. The affected Encroachment must be removed or relocated as may be specified by the Director in the notice revoking the Permit and within a reasonable time specified by the Director unless the Permit provides a specified time.

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

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 Permit application.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.170 Availability of Standards.

Copies of the Standards referred to in this Title may be acquired from the City or via the publisher. All or any portion of said specifications may be sold by the Director at the cost of producing the same, 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.180 Enforcement by Director.

The Director is authorized to enforce the provisions of this Title. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.04.190 Violation—Penalty.

Except where otherwise specifically provided by this Title, every Person is guilty of an infraction who, before obtaining a construction, Excavation, or Encroachment Permit from the Director:
(a) Moves or causes to be moved along any Highway any Building or Structure; or (b) Makes or causes to be made any Excavation, fill, obstruction, or lays, constructs, or repairs any curb, Sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert, or other work of any nature in, over, along, under, across or through any Highway; or (c) Places, changes, or renews any Encroachment in, under, or over any portion of a Highway. (Ord. No. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.08 MOVING BUILDINGS AND STRUCTURES

14.08.010 Scope of Regulations.

The provisions of this Chapter apply only to the moving of Buildings and Structures. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.020 Definitions.
(a) Moving Contractor. 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.

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

(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 Highway. (c) 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.030 Application for Permit.

No Person shall move or cause to be moved along any Highway any Building or Structure without first obtaining from the Director a Permit to do so. Every Applicant for a Permit or license required by this Title shall make an application to the Director.

Application for a Permit required by this Chapter shall be made in duplicate and in accordance with Chapter

14.04. The application shall specify the kind of Building or Structure 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 Building or Structure and each section or portion of such Building or Structure is to be moved, the number of sections in which the Building or Structure will be moved, the type and number of conveyances upon which the same is to be moved, the total number of tire inches thereof for each separate section to be moved, and the time when such Building, Structure, or portion thereof, is proposed to be moved and within which such removal will be completed. The Applicant shall attach to the application a copy of a valid Building Permit for the Building or Structure at its destination point, or in the case of intended storage, a copy of an appropriate special use Permit or other evidence that storage at the destination point is not in violation of the zoning ordinance. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.040 Application Changes by Director.

The Director may make such changes in any application for a Permit as in their opinion are necessary for the protection of the Highways along or over which it is proposed to move the Building or Structure or to prevent undue interference with traffic or to avoid jeopardizing the safety of any persons using such Highways. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.050 Permit Fee.

Every Person applying for a Permit required by this Chapter shall at the time of making application for the Permit pay an issuance fee in an amount which shall be set by the Director and may be updated from time to time. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.060 Permit Affixed to Structure.

The Moving Contractor shall affix and maintain at all times while it is on the Highway, in a conspicuous place on the Building or Structure to be moved, the Permit for such moving. (Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.08.070 Copies of Permit on Sections of Structure.

If a Building or Structure is moved in more than one section, and more than one of such sections is moved at the same time, the Moving Contractor shall affix and maintain at all times while they are on the Highway in a conspicuous place on each section on which the original Permit is not affixed, true copies of such Permit. Such true copies shall be issued by the Director upon payment by the Applicant of an issuance fee for each additional copy in an amount which shall be set by the Director and may be upda ted from time to time. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.080 Extension of Permit.

Each Permit issued shall become null and void upon the expiration of the time specified in the application unless the Director extends the time, which they may do if in their opinion the moving of the building or Structure, or any portion thereof, is impractical because of inclement weather, act of God, strikes, or other causes not within the control of the Permittee.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.090 Classification of Buildings.

All Buildings and Structures are classified as follows:
(a) Class A is any Building or Structure or any portion thereof which is moved on a motor truck or other vehicle propelled by its own power;
(b) Class B is any Building or Structure or any portion thereof, not of Class A which is not more than 16 feet in Width;
(c) Class C is any Building or Structure or any portion thereof, not of Class A which is more than 16 feet and not more than 22 feet in Width;
(d) Class D is any Building or Structure or any portion thereof, not of Class A which is more than 22 feet and not more than 28 feet in Width;
(e) Class E is any Building or Structure or any portion thereof, not of Class A which is more than 28 feet and not more than 40 feet in Width;
(f) Class F is any Building or Structure or any portion thereof, not of Class A which is more than 40 feet in Width.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.100 Deposits According to Classification.

Every Applicant for a Permit 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 class of Permit to be processed, as delineated in Section 14.08.090, above.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.08.110 Tree Trimming Deposit.

Before any Permit is issued, in addition to any deposit made as required by Section 14.08.100, the Moving Contractor shall also deposit with the Director an amount equal to that estimated by the Director pursuant to Section 14.08.120 to cover the cost of necessary tree trimming. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.120 Estimate of Tree Trimming Costs.

If examination of the application and/or route to be traversed discloses that the proposed move 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 Highway, as is necessary:
(a) At the time the Structure is moved to facilitate the moving thereof; (b) Subsequent to the moving of the Structure to correct previous trimming done when the Structure was moved.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Moving Contractor 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 Building or Structure which they desire, expect, or intend 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 Building or Structure sought to be moved, the Moving Contractor need not make any special deposit. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Highways, including any trees thereon, over which it is sought to move a Building or Structure, the Director may require an additional deposit in such amount as they determine will be sufficient to protect such public interest.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.150 Increase in Deposit to Cover Higher Class.

Before any Permittee moves any Building or Structure, or portion thereof, of a class higher than the class for which they have made any general or special deposit, the Permittee shall increase such deposit by an amount sufficient to cover the class sought to be moved.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.08.160 Deductions From Deposit.

The City shall deduct from the deposit made or maintained by each Permittee:
(a) The Permit 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 Building or Structure; (d) The total cost of all tree trimming done by the Director made necessary in order to move the Building or Structure as specified in the Permit, including all such trimming after the moving of the Building or Structure to correct trimming done when the Structure was moved. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.170 Refund or Deficiency Payment.

The remainder of any such special deposit, if any, shall be refunded to the Person making such deposit, or to their assigns, upon request therefor pursuant to Section 14.04.100. In case the deposit made pursuant to this Title shall not be sufficient to pay all fees and deductions provided for in this Title, the Person to whom such Permit is issued, shall, upon demand, pay to the 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 Permit shall be issued to such Moving Contractor.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.180 Billing in Lieu of Deductions.

If a Moving Contractor 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 Moving Contractor for the amount due from the Moving Contractor to the City under the provisions of this Title. If, 15 days after such bill has been sent, the Moving Contractor does not pay the same in full, then such amount may be deducted from the Moving Contractor's general deposit and Sections 14.08.160 an d 14.08.170 shall apply. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.190 Supervision by Inspector.

The Director may require that the moving of any Building or Structure be under the supervision of an inspector to be appointed by the Director. The Permittee shall pay to the Director an amount equal to the compensation and cost of transportation of such inspector during the time they are assigned to such inspection. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.200 Planks Required Under Dollies on Wheels.

When so required by the Director, a Moving Contractor shall place under each dolly or wheel used in moving the Building or Structure, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along any portion of any Highway which has a surface other than natural soil. The Moving Contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank, or runway.

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.210 Charge for Damage to Highway.

The Director may restore, or cause to be restored, every Highway damaged by the moving of any Building or Structure thereon, to a condition equivalent to that prior to such damage. The Moving Contractor who caused such damage shall pay the cost of the repair thereof to the City. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.220 Warning Lights.

When a Building or Structure, while being moved, is located on any Highway, at all times between sunset and sunrise the Moving Contractor shall keep burning a red warning light not over six feet above the surface of such Highway at each corner of such Building or Structure, and unless the Director otherwise directs, on all sides and projections thereof at intervals of not more than five feet. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.230 Defacing Trees Not Permitted.

A Permit granted under this Title does not permit, license, or allow any Person, 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, street, or Highway.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.240 Trimming of Trees.

At the request of a Moving Contractor holding an unrevoked Permit granted pursuant to the provisions of this chapter, the Director within a reasonable time after such request, shall trim such trees under their supervision as it is necessary to trim, and where it will not harm the trees, to the extent required to move the Structure to the location specified in the Permit.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.08.250 Permit for Structures Exceeding Permissible Weights.

The Director shall not issue a Permit to move any Building or Structure when the weight of such Building or Structure, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the Director that the size, shape or physical characteristics of the Building or Structure or portion thereof to be moved, or of the Highway over which such Building or Structure is to be moved, makes it impossible or impracticable to keep within such weight limits, the Director may issue a Permit:
(a) To move a Building or Structure on a vehicle every wheel of which is equipped with rubber tires where the total weight of both Building or Structure and vehicle does not exceed 60,000 pounds; or (b) To move a Building or Structure on a vehicle every wheel of which is equipped with pneumatic tires. (Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:06 [EST]
(Supp. No. 9)

14.08.260 Permit for Specific Equipment—Fee—Bond.
(a) The Director may in their discretion, if good cause appears, issue a Permit authorizing the Applicant to operate or move over and along Highways specific pieces of mobile mechanical equipment, on specific vehicles or specific pieces of mechanical equipment or specific vehicles, or emergency public Utility equipment on specific vehicles. Any such Permit shall be subject to the following conditions:
(1) The Permit shall be limited to specified Highways or a specified area of the City and shall specifically describe the Highways 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 Highways and the traveling public; (2) The granting of the Permit shall in no way relieve the Permittee from liability for damage to the Highways or to Person or property;
(3) The Permit shall be issued for a specific period of time designated by the Director and set forth in the Permit, which period shall not exceed one year;
(4) The Permit may be issued subject to such other conditions as the Director deems necessary for the protection of the Highways and the traveling public.
(b) The application for a Permit 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 which shall be in lieu of any other fee prescribed by this title. Prior to the issuance of any Permit, the Applicant s hall deposit with the Director for the protection of Highways 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 bond may in the discretion of the Director be deemed sufficient security for the issuance of one or more permits to the same Applicant 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Applicant for the Permit 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.12 TEMPORARY EXCAVATIONS, FILLS AND OBSTRUCTIONS2

2Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, amended the title of Ch. 14.12 to read as herein set out. The former Ch. 14.12 was entitled "Excavations, Fills and Obstructions."

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14.12.010 Definitions.

For the purposes of this Chapter, words or phrases shall have the meaning established by Section 14.04.010 and as defined below:
(a) Excavation. Means any opening in the surface of a Public Place 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 Utility or other Facility, except that access via a prior lawful structure such as a vault or pull box constructed as to permit frequent openings without injury or damage to the Public Place is not Excavation.
(b) 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, Structure or object of any kind or character, whether enumerated herein or not, that is or may be lawfully constructed, left, placed, or maintained in, upon, along, across, under, or over a Public Place. (c) Mark Out. Means the process of locating Substructure facilities on the surface and marking those locations with paint, tape, or other method of demarcation and by means of contacting Underground Service Alert (USA) as required by law.
(d) Minor Excavation. Means all single Excavations, exploratory Excavations, or potholes that are less than five feet deep and less than ten square feet in excavated surface area. (e) Substructure. Means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other Facility located below the surface of any Public Place. (f) 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, animal, or bicycle traffic.
(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 Buildings. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.020 Scope of Regulations.

The provisions of this Chapter apply only to Permits for the making of temporary Excavations, fills, or obstructions for the purpose of installing or repairing utilities, including both main and lateral lines. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.030 Permit Required for Excavation.

No Person shall tunnel, fill, obstruct, or undermine; make or cause to be made any Excavation; deposit, place, or leave any material in, upon, or under any Street, Sidewalk, Trail or other Public Place, to in any way obstruct or tend to interfere with the free use of the Public Place without first obtaining a Permit therefor.

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.

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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; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.040 Permit Application—Administrative Requirements.

The application shall, at a minimum, address the below administrative requirements. (a) The name, address, email, and phone of the following:
(1) Person 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.
(b) Current City business license.
(c) Twnety-four-hour phone number to reach Applicant for emergencies. (d) Insurance certificate in a form acceptable to the City naming the City, its officers, and employees 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. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.050 Permit Application—Plan Requirements.

Each application shall contain information deemed necessary by the Director, such as plans and/or exhibits to adequately depict the 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 Excavated and the nearest cross street. (b) Minimum distance of proposed Excavation from the face of curb or berm or edge of pavement. (c) Distance of proposed Excavation from the nearest intersection. (d) The size of the Excavation (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 Facility to be installed. (2) Distance from curb and any street facilities or furnishings.

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(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 Facility, 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 Structures to be installed such as vaults and maintenance access.
(g) Cross section of a typical trench indicating:
(1) The approximate depth of the Facility to be installed. (2) Trench backfill depth, compaction and layer depths. (3) Pavement section detail (type and depths).
(h) The proposed construction methods for installation. (i) A Traffic Control plan and/or applicable Work Area Traffic Control Handbook (WATCH) Standards. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022) Editor's note(s)—Formerly entitled "Determination of responsibility, which was amended as herein set out by Ord.

No. 2022-1521 .

14.12.060 Proof of Right to Use.

The Director may require each Applicant to submit proof of an Applicant's right to use a Highway or Public Place for the purposes set forth in the application.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.070 Location Changes Required by Director.

The Director may require changes in the location of the proposed Excavations, fills, or obstructions as may be necessary to prevent undue interference with the use of the Highway or Public Place. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.080 Permits Subject to Use of Highway or Public Place by Others.

Every Permit for an Excavation in or under the surface of any Highway or Public Place shall be granted subject to the right of the City or of any other Person entitled thereto, to use that part of such Highway or Public Place for any purpose for which such Highway or Public Place may lawfully be used. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.090 Permits Nontransferable.

Permits issued under this Chapter are nontransferable.

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(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.100 Timely Commencement and Prosecution of the Work. (a) The Director may cancel a Permit 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.
(d) The Applicant shall promptly complete such work restoring the street or Public Place as near as possible to its original condition not later than 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 30 calendar days after the original street cut.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.110 City's Prior Rights and Applicant Responsibility for Facility Relocation. (a) Every application shall contain Applicant's signed statement, that as to any Encroachment not placed in a Right-of-way which is prior in time and/or right to the City's Right-of-way, if any tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line placed in the Excavation or obstruction for which a Permit is issued interferes with the subsequent improvement, grading or realignment of the Highway or Public Place by the City then the Applicant and their successors or assigns will at their own expe nse remove such tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line, or relocate at a location designated by the Director. (b) No Utility 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) 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 Utility are made, or unless State or Federal law specifies otherwise. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.120 Applicant Responsible for Maintaining Facilities.

Every application shall contain a statement, signed by the Applicant, that as to any Facility placed within the City's Right-of-way, the Applicant shall agree that if any failure to an obstruction or Facility were to occur, that the Applicant, Utility, or franchisee for which the Facility is placed shall be responsible for the restoration, in perpetuity of time, of their Facility, its Structure and any affected public improvements. The Structure shall include subgrade, points of load-bearing, Excavations, trench backfills, and fills within which is found the Facility. Public improvements shall include Streets, roadways, drainage facilities, Sidewalks, Trails, shoulders, and Public Places. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.130 Applicant Responsible for Maintaining Surface Restoration.

Upon permanent completion of the surface restoration of the work area, the Applicant shall subsequently be responsible for the maintenance of the surface restoration for a period of 12 months from the opening of the

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street to public traffic, except for ordinary wear and tear. Any settlement, cracking or raveling of the surface restoration area within a 12-month period shall be evidence of defective surface restoration. The Applicant 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 Applicant 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 Applicant shall request that the Director make a final inspection of the surface re storation area at the end of the 12-month maintenance period. Upon request of the Applicant and the inspection of condition of the surface restoration area and finding that the same is satisfactory, the Director shall release deposits and sureties held, le ss any outstanding fees, costs, etc., owed to the City, to the Applicant. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.140 Fees.

Every person, unless exempted by law, applying for a Permit required by this chapter and requiring City inspection services shall, at the time of making application for the Permit, pay a the then -current issuance fee and inspection fee, in amounts determined by the Director to be necessary for staff review and administrative costs associated with such permitting and inspection activities. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.150 Deposits, Surety, and Liability Insurance.

Every Person applying for a Permit required by this Chapter shall, at the time of making application for the permit, provide sureties or deposits and evidence of insurance as required by the Director. The surety or deposit shall provide assurance for the proper restoration of existing or new improvements and 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 the Director's acceptance of the work p erformed under the Permit. The City shall hold the surety or deposit for the 12-month warranty period. The City may claim or draw upon the security or deposit if the Applicant fails to conform to the conditions of the Permit or of this Chapter for the payment of fees and costs incurred by the City associated with the enforcement of the conditions of the Permit.

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 Applicant for a Permit shall deposit with the Director both the Permit issuance fee and a sum of money which is twice the estimated cost of repairing the Highway or Public Place which may be damaged or destroyed by the proposed Excavation 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 Excavation.
(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 Applicant for a Permit in case of a contract secured by a public agency, special district, or by a public Utility company authorized to occupy a City Highway 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 Utility company for whom the work is to be performed shall submit to the Director a written guarantee of restoration of the Highway to the satisfaction of the Director and

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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 Utility company for which the work is to be performed sh all submit to the Director a written certification that the restoration of the Highway 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 Utility company.
(2) If, in the opinion of the Director, any above-described deposit is not sufficient for the proper protection of the public Highways or other Public Place in which it is proposed to Excavate or on which it is proposed to place obstructions, the Director may require an additional deposit in such amount as they determine will be sufficient to protect such public interest. (b) Surety. As an alternative to a cash deposit, the Applicant may provide a surety bond in an amount payable to the City which shall be sufficient to ensure restoration of the Highway 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) With good and sufficient surety;
(2) By a surety company authorized to transact business in this State; (3) Satisfactory to the City Attorney in form and substance; and (4) Conditioned upon the Applicant's compliance with items described with in this Chapter.

If, in the opinion of the Director, any above-described surety is not sufficient for the proper protection of the public Highways or other Public Place for the work covered by the Permit, the Director may require a different or an additional surety amount in such manner or amount as they determine will be sufficient to protect such public interest.
(c) Liability Insurance. Every Person applying for a Permit required by this Chapter shall at the time of making application for the Permit provide required satisfactory evidence of public liability insurance for the protection of the City and the Applicant against claims for inj ury or death to any Person or persons, or damage to any property, arising out of the performance of the work, as required by the City, pursuant to City policies in place at the time of application. (d) Waiver. In the case of a public Utility, special district, or other public agency, the Director, may waive any or all of the requirements of this Section 14.12.150. This waiver, if granted, shall 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; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.160 General Requirements.
(a) Maintain Permit at the Site. A copy of the Excavation Permit shall be available for review on the job site at all times.
(b) Comply with Applicable Standards. All work completed under this Chapter, unless otherwise specified in this Chapter, shall follow and comply with the Standards. Further, all work conducted under this Chapter shall comply with the Safety Orders issued by the California State Division of In dustrial 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 Streets, thoroughfares, Highways, Sid ewalks, Trails or Public Places, or in the immediate vicinity thereof.

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(c) Maintain Access to and Through Public Places. The working areas shall be confined so as not to obstruct roadways, Driveways, Sidewalks, Trails, or other Public Places. (1) Not 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, Driveways, and walks shall be constructed where required. (3) Free and unobstructed access shall be provided to all Driveways, Residential Driveways, and private property accesses, mailboxes, fire hydrants, water gates, valves, manholes, drainage Structures, communication facilities, and other public service Structures and property. (d) Minimize Public Inconvenience.
(1) The Applicant shall take appropriate measures to ensure that occupants of abutting properties and the general public are notified well in advance of the work. (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.
(f) Maintain Traffic Control During Construction. The Applicant shall route and control traffic, including its own vehicles, as directed by the municipal law enforcement agency, in accordance with Standards or as indicated by the approved traffic handling plans which have been prepared by the Applicant o r Applicant's engineer. (1) The Applicant shall erect and maintain suitable barriers to confine excavated earth from Encroachment upon the Highways.
(2) The Applicant shall construct and maintain adequate and approved safe crossings over Excavations in order to accommodate pedestrian and vehicular traffic.
(3) Signage and other Traffic Control devices shall be put in place in accordance with the Standards, approved Traffic Control plan, or Permit conditions. Non-standard signage and Traffic Control devices will not be allowed.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.170 Preservation of Monuments.

It shall be the responsibility of the Engineer of Record to show on the Permit plans all monuments in the vicinity of the work and to note each monument of record that may potentially be disturbed. No monuments of record shall be disturbed without permission of the Director. Permittee shall bear the expense of resetting any disturbed monuments or stakes. A licensed surveyor shall complete all work of resetting any monuments or stakes and a Corner Record shall be filed with the County Recorder before accepta nce of the work. Upon proper notification, which is 72 hours prior to start of Excavation, the City will provide its records of any monuments using the most current map available from Engineering.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

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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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)
Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, amended § 14.12.180 in its entirety to read as herein set out. Former § 14.12.180 was entitled "Working hours, noise, dust, and debris," and derived from Ord. No. 2003-1196, adopted Aug. 26, 2003.

14.12.190 Removal, Protection, and Restoration of Utilities. (a) Notification. The Applicant shall be responsible for notifying the affected utilities, agencies, and special districts that own utilities within the area of the Applicant's work, that work is going to be performed which may affect existing facilities.
(b) Underground Service Alert. The Applicant shall be responsible for notifying Underground Services Alert or the current Utility location service of the need to Mark Out existing utilities within the area of the Applicant's work.
(c) Potholing. The Applicant shall conduct exploratory Minor Excavation or pothole to determine the exact location of all existing Utilities and associated Facilities within the area of the Applicant's work. (d) Protection of Existing Facilities. The Applicant shall support and protect, as recommended by the Utility owner, Substructure apparatus that may be in any way affected by the Excavation work. The Applicant shall do everything necessary to support, sustain, and protect existing utilities un der, 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 Utility company or Person owning the Facility. (1) If it becomes necessary to remove an existing Utility, the Applicant shall complete removal only after appropriate notification to Underground Service Alert (USA) as required by law. (2) The Applicant 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 Facility or any other Substructure.
(f) 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; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.200 Protection of Adjoining Property.

The Applicant shall at all times and at its sole expense preserve and protect from injury any adjoining property. Where it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the Applicant shall obtain prior permission from the owner of such property for such purpose.

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The Applicant shall, at their sole expense, shore up and protect all Buildings, walls, fences, or other property likely to be damaged during the progress of the work and shall be responsible for all damage to public or private property, public Streets, and/or Public Places resulting from its failure to properly protect and carry out said work. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.210 Damage to Existing Improvements.

The Applicant shall repair all damage done to existing improvements during the progress of an Excavation, including private landscaping and irrigation systems within the Public Place and/or public Right -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 Applicant fails to furnish the necessary labor and materials to perform such repairs, then Applicant sh all be liable to the City for the cost of such repairs as provided by the City or its agents, plus a 30 percent markup for general overhead and administrative expenses. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.220 Moratorium on Excavation in New Street Improvements.

The provisions of this Section 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 Substructures within the Highway shall not affect the provision of this section.

No Excavation 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 Places except for emergency repairs or service unless the Person proposing to make such Excavation shall agree to make appropriate restoration of the surface satisfactory to the Director. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.230 Sidewalk and Trail Excavations.

Excavations made in or under a Sidewalk or Trail shall be subject to this Chapter and all other conditions determined by the Director.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.240 Restoration of Surfaces.

Applicant shall comply with the requirements of the most current Standards. Acceptance or approval of any Excavation work by the Director shall not prevent the City from asserting a claim against the Applicant and their surety for any incomplete or defective work discovered. The presence of the Director or their representatives during the performance of the work shall not relieve the Permittee of their responsibilities hereunder.

For restoration of perpendicular street excavations and cuts , see Figure 14.12 -1. Appropriate restoration of the surface for cuts perpendicular to the traffic flow includes 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 s treet.

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Figure 14.12-1: Perpendicular Excavation Street Repair

For restoration of longitudinal street excavations and cuts, see Figure 14.12-2. Appropriate restoration of the surface for cuts parallel to the traffic flow include s 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.

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Figure 14.12-2: Longitudinal Excavation Street Repair

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(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.250 City's Right to Restore Surface.

If the Applicant shall have failed to restore the surface of the Street or Public Place to its original and proper condition prior to expiration of the time for restoration fixed by the Permit; if Applicant shall otherwise have failed to complete the work covered by such Permit; or if Applicant shall have failed to maintain the work site in the same or better condition as it was prior to the work for the 1-year warranty period following permanent completion of the work and opening of the work area to the pu blic, then the at the Director's sole discretion, City shall have the right to do all work and things necessary to complete the work and/or to restore the Street or Public Place.

The Applicant 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, due, and owing to it for such work. Payment of the amount due the City shall be applied to any funds the Applicant has deposited with the City. The City shall also enforce its rights under the Applicant's surety bond.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.260 Clean Up.

The work site Right-of-way, Streets, Public Places, and private properties shall be maintained free of all rubbish, excess earth, rock, and other debris resulting from the work. All clean -up operations shall be and shall be completed to the satisfaction of the Director at the sole expense of the Applicant.

The Applicant shall take appropriate measures to reduce to the fullest extent practical, noise, dust, and debris.

Water trucks are prohibited from washing Streets or Highways due to Storm Water pollution prevention restrictions. Street sweepers and/or other means of dry pickup must be used. From time to time as may be ordered by the Director, and in any event, immediately upon the completion of work, the Applicant shall their sole expense, clean up and remove all refuse, stockpiles, and other materials of any kind resulting from said work.

Upon Applicant's failure to comply with said direction within 24 hours after hav ing 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, the City shall be entitled to recover any and all costs, fees, expenses, and amounts paid out , due, and owing to it for such work, together with 30 percent of the cumulative amount for 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.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.270 Protection 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,

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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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)
Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, amended § 14.12.270 in its entirety to read as herein set out. Former § 14.12.270 was entitled "Permanent completion of work," and derived from Ord. No. 2003-1196, adopted Aug. 26, 2003.

14.12.280 Emergency Work.

If, in their judgment, the Director determines traffic conditions, the safety and/or convenience of the traveling public, or the public interest require that the Excavation work be performed as Emergency Work, the Director shall have full authority to order that the Applicant's labor, equipment, materials and facilities be employed 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 p ossible. Nothing in this Chapter shall prevent Excavation for emergency repairs to Utility service connections or other work that is necessary for the immediate protection of life or property, provided a Permit is applied for within 36 hours following the commencement of work.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.290 Public Service Companies.

All Persons operating public utilities or other companies in the City either under regulation of the California Public Utilities Commission or under franchise, license, or Permit granted by the City, and having the right, either by general or special permission, to enter upon Streets and open and excavate pavements, Sidewalks, Trails, or another Public Place, or to disturb the surface thereon by Excavation or other work, shall be subject to the requirements of this Chapter.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.300 Maintenance of Drawings.

Every Person owning, using, controlling, or having an interest in Substructures under the surface of any Highway, Sidewalk, Trail, or other Public Place, used for the purpose of supplying or conveying gas, electricity, communication, impulse, water, steam, ammonia, wastewater, gasoline, or oil shall keep on file appropriate plans and as-built drawings to show location of such Facilities. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

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, 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; Ord. No. 2022-1521 , § 2, 9-13-2022)

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14.12.320 Penalty.

Any Person 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 and every day that the violation persists shall constitute a separate offense. (Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Person or property injured by the performance of any work for which a Permit 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 Permit, or the approval of any work.
(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.12.340 Reserved.

Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, deleted § 14.12.340 entitled "Backfill requirements," which derived from Ord. No. 2003-1196, adopted Aug. 26, 2003. See § 14.12.180 for similar subject matter.

CHAPTER 14.15 STORM WATER MANAGEMENT AND DISCHARGE CONTROL

14.15.010 Definitions.

For purposes of this Chapter, 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 procedures, 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 Pollutants entering the Waters of the United States to the maximum extent practicable.
(c) 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, alteration, or improvement of real property pursuant to discretionary or ministerial Permits issued by the City.

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(e) Discharger means any Person or entity engaged in activities or operations or owning facilities or property that does, will, or may result in Pollutants entering storm water, the Storm Water Conveyance System 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 Discharger as to activities conducted by others on public Rights-of-way. (f) Illegal Connection means any unpermitted, illicit, or undocumented physical connection to the Storm Water Conveyance System or receiving waters that has not been approved by the City; or one that drains or conveys Illegal or Illicit Discharges either directly or indirectly into the Storm Water Conveyance System; or a Permitted and/or authorized pipe, Facility, or other device that conveys Illegal or Illicit Discharges.
(g) Illegal Discharge or Illicit Discharge means any discharge to the Storm Water Conveyance System 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, repair, or maintenance of any type of equipment, machinery, or Facility including motor vehicles, cement-related equipment, and port-a-potty servicing;
(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, commercial, and residential areas including parking lots, streets, Sidewalks, Driveways, patios, plazas, work yards, and outdoor eating and drinking areas; (6) Discharge of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials;
(7) Discharges of pool or fountain water containing chlorine, biocides, 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 Permit that has not been issued or has not been acknowledged by the Discharger 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;
(14) The use of water, washing detergent, and other vehicle wash products must be minimized; (15) 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);

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(16) Discharges from over-irrigation; and
(17) 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 Permit or Storm Water Pollution Prevention Plan (SWPPP) are violations of this Chapter if they are in violation of such NPDES Permit or SWPPP.

Discharges from the following categories must be addressed as Illegal or Illicit Discharges only if the discharge is identified as a source of Pollutants 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 Storm Water Conveyance System; (5) Foundation and footing drains if the system is designed to be located above the ground water table at all times of the year;
(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 Pollutants have been eliminated;
(10) Discharges from non-emergency firefighting activities including Building fire suppression system maintenance discharges, so long as there are minimum BMPs in place to reduce or eliminate Pollutants in such discharges from entering the Storm Water Conv eyance System; and
(11) Waters not otherwise containing Pollutants 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 Storm Water Conveyance System from the following categories are also considered Illegal or Illicit Discharges 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 Illegal or Illicit Discharges unless the discharge has coverage under NPDES Permit No. CAG679001 (Order No. R9-2010-0003, as it may be amended or reissued) or

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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 Storm Water Conveyance System, unless the discharges have coverage under a separate NPDES Permit. (h) Jurisdictional Runoff Management Plan (JRMP) means the comprehensive program developed by the City for reduction and elimination of Pollutants 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 Dischargers of urban runoff must meet.

MEP generally emphasizes pollution prevention and source control BMPs as primary mechanism s 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 Pollutant or Pollutant 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 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. (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 Buildings or portions of Building 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 Building footprints, the addition or replacement of a Structure, 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 b eds, gullies, curbs, gutters, ditches, natural and artificial channels, or storm drains.

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(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 Discharger 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 Director.
(s) Stormwater Standards Manual (SSM) means the manual that sets the permanent Best Management Practices (BMPs) adopted by the City for Development and Redevelopment projects, as well as the procedures and criteria for the selection, implementation, 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; Ord. No. 2022- 1521 , § 2, 9-13-2022)

14.15.020 Responsibility for Administration.

This Chapter shall be administered by the Director or their designee. (Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.030 Illegal Discharges Prohibited.

Illegal or Illicit Discharges to the Storm Water Conveyance System are prohibited, except that the following discharges are exempt from the prohibition set forth above:
(a) Any discharge regulated under a NPDES Permit issued to the Discharger and administered by the State of California pursuant to Chapter 5.5, Division 7 of the California Water Code, provided that the Discharger is in compliance with all requirements of the Permit and other applicable laws and regulations.
(b) Any discharge which the Director and the Regional Water Quality Control Board determine is necessary for the protection of the public health and safety.
(Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.040 Illegal Connections.

Establishment, use, maintenance, or continuation of illegal connections to the Storm Water Conveyance System are prohibited.
(Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.050 Reduction of Pollutants in Storm Water.

Any Person engaged in activities that will or may result in Pollutants entering the Storm Water Conveyance System is a Discharger under this Chapter 14.15 and shall implement BMPs in accordance with the JRMP or Stormwater Standards Manual to prevent and reduce such Pollutants to the Maximum Extent Practicable. The following requirements shall apply:

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(a) General Prohibitions. The following discharges are prohibited and shall constitute a violation of this Chapter:
(1) Discharges into the Storm Water Conveyance System in a manner causing, or threatening to cause, a condition of pollution, contamination, 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 Storm Water Conveyance System containing Pollutants that have not been reduced to the Maximum Extent Practicable.
(4) Post-development runoff from new Development or significant Redevelopment that has not been reduced to the Maximum Extent Practicable.
(b) Industrial, Commercial and Business-Related Activities. All owners or operators of Premises where Pollutants from industrial, commercial, and business-related activities may enter the Storm Water Conveyance System shall implement BMPs in accordance with the JURMP to reduce any such Pollutants generated from the Premises 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 may require the owner or operator of the Premises 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 reduce to the MEP, Pollutant discharges to the Storm Water Conveyance System. Any Premises required to develop and implement a SWPPP by any term or provision of a then-current NPDES Permit 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-premises and have a reasonable potential to impact Storm Water 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 Storm Water Conveyance System.
(4) A site map indicating all Building Structures, materials and waste storage areas, outdoor equipment storage areas, vehicle service areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal Storm Water Conveyance System or receiving waters. The site map shall include an estimate of the size of the Facility and the Facility'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 Storm Water pollution prevention, and an overview of the potential impacts of polluted Storm Water 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, containment, and contaminant cleanup procedures.
d. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the Storm Water Conveyance System.

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e. Discussion of the differences between the Storm Water Conveyance System and the sanitary sewer system.
f. Identification of all on-site connections to the Storm Water Conveyance System. g. Preventive maintenance and good housekeeping procedures. h. Material management practices employed by the Facility to reduce or eliminate Pollutant contact with Storm Water discharge.

A documented employee training program prepared pursuant to any NPDES Permit 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 Person performing construction work in the City shall prevent, to the Maximum Extent Practicable, Pollutants from entering the Storm Water Conveyance System by complying with applicable provisions of the Standard Specifications for Public Works Construction manual, the JRMP and the General Construction Activity Storm Water NPDES Permit issued by the State Water Resources Control Board. The City may establish controls on the volume and rate of Storm Water runoff from new Development and Redevelopment as may be appropriate to minimize the discharge and transport of Pollutants. Any Person or entity performing construction activities in the City and any owners of land on which construction activity i s performed shall implement BMPs to the Maximum Extent Practicable 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 Wet Season;
(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 Pollutants on site.

An Authorized Enforcement Official may prepare, maintain, 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 Maximum Extent Practicable. (d) Best Management Practices for Development and Redevelopment. Any Person or entity that is developing or redeveloping a site in the City shall prevent, to the Maximum Extent Practicable, Pollutants from entering the Storm Water Conveyance System by complying with applicable provisions of the Stormwater Standards Manual. No landowner or Development or Redevelopment project proponent shall receive any City discretionary or ministerial Permit 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 Storm Water runoff from new Developments and Redevelopments as may be appropriate to minimize the discharge and transport of Pollutants. The following BMPs and ot her

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measures, per the Stormwater Standards Manual, are required of all Development and Redevelopment 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 Development site design and source control BMPs; and
(4) For Priority Projects as defined in the Stormwater Standards Manual, design, construction, 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 Maximum Extent Practicable, Pollutants from entering the Storm Water Conveyance System through common residential uses of property in the City by implementing the BMPs set forth in the JRMP 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 waste (e.g., paints and cleaning products) and disposal of pet waste. (f) Littering. No Person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, Sidewalk, storm drain, inlet catch basin, conduit or other drainage Structures, 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 Sidewalk shall maintain the Sidewalk free of dirt or litter to the Maximum Extent Practicable. Sweepings from the Sidewalk 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 Person 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 Structures thoroughly as is necessary to prevent the discharge of Pollutants to the Storm Water Conveyance System to the Maximum Extent Practicable. Such cleaning shall occur not less than once prior to each Wet Season. 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 Discharger, Discharger associated with construction activity, or other Discharger subject to any NPDES Storm Water Permit addressing such discharges shall comply with, and undertake all other activities required by any Storm Water 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 (Order Nos. 91-10 and 90-31). Each Discharger identified in an individual NPDES Permit relating to Storm Water discharges shall comply with and undertake all activities required by such Permit. (i) Compliance with Adopted SSM, Adoption of SSM and JRMP. 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 JRMP, also adopted by resolution of the City Council, may be amended from time to time in the same manner.

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(Ord. No. 2001-1123, 11-27-01; Ord. No. 2008-1302, 4-8-08; Ord. No. 2019-1472 , § 3, 4-23-2019; Ord. No. 2022- 1521 , § 2, 9-13-2022)

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 Structures within or adjacent to a watercourse, so that such Structures will not become a hazard to the use, function, or physical integrit y 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 agains t 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 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 Pollutants into or connect any pipe or channel to a watercourse; (b) Modify the natural flow of water in a watercourse;
(c) Carry out Developments within 30 feet of the centerline of any creek or 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 Structure 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 Storm Waters passing through such a watercourse.
(Ord. No. 2019-1472 , § 4, 4-23-2019; Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Premises, 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.

After obtaining legal entry, the Authorized Enforcement Official may:
(1) Inspect the Premises.
(2) Carry out any sampling activities necessary to enforce this chapter, including taking samples from the property of any Person or from any vehicle that the Authorized Enforcement Official reasonably believes is currently, or has in the past, caused or contributed to causing an Illegal Discharge to the

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Storm Water Conveyance System. Upon request, split samples shall be given to the Person from whose property or vehicle the samples were obtained.
(3) Stop and inspect any vehicle reasonably suspected of causing or contributing to an Illegal Discharge to the Storm Water Conveyance System when accompanied by a law enforcement officer in a clearly marked vehicle.
(4) Conduct tests, analyses, and evaluations to determine whether a discharge into the Storm Water Conveyance System is an Illegal Discharge or whether the requirements of this Chapter are met. (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 Storm Water pollution and constituting a violation of this Chapter found during an inspection. (6) Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared by an owner and/or occupant or Facility operator, if such a plan has been required. (7) Require the owner and/or occupant or Facility operator to retain evidence for a period not to exceed 30 days.
(8) Review and obtain copies of all Storm Water monitoring data compiled by the owner and/or occupant or Facility 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 Storm Water pollution, Illegal Discharges, or similar factors. (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 ow ner and/or occupant or Facility 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 Facility operator each of the violations noted by the Authorized Enforcement Official and the 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 occup ant or Facility operator, or left at the Premises if neither the owner, occupant, nor Facility operator is available. If corrections are needed, the owner and/or occupant or Facility operator shall implement a plan of corrective action based on a written p lan 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 ai d in the pursuit of the inquiry or in the recordation of the activities on. (d) Notification of Spills. As soon as any Person who is responsible for emergency response for, or in charge of, any Premises or Facility has knowledge of any confirmed or unconfirmed significant release of materials, Pollutants or waste which may result in Pollutants or Illegal Discharges entering the Storm Water Conveyance System, such Person 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 saf ety regulations and/or Facility hazardous materials handling procedures and policies. Such Person shall notify the Environmental Health Services' Hazardous Materials Management Division of the County of San Diego Department of Health Services, together with any other appropriate or applicable agency, of the occurrence within 24 hours of the incident's occurrence.

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(e) Requirement to Test, Monitor or Mitigate.
(1) The Director may require that any Person engaged in any activity and/or owning or operating any Facility which may cause or contribute to Storm Water pollution, or Illegal Discharges to the Storm Water Conveyance System, undertake such monitoring activities, including physical and chemical monitoring and/or analyses, and furnish reports as the Director may specify if the person, or Facility owner, or operator fails to eliminate Illegal Discharges after receiving a written notice by the enforcement agency, or the Director has documented repeated violations of this chapter which may have contributed to Storm Water pollution. Specific monitoring requirements shall bear a reasonable relationship to the types of Pollutants that may be generated by the person' s activities or the Facility's operations. If the Director has evidence that a Pollutant is originating from a specific Premises, then the Director may require monitoring for that Pollutant regardless of whether the Pollutant 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 un dertake and provide the monitoring, analyses and/or reports requested.
(2) Any persons required to monitor pursuant to subsection 14.15.070(e)(1) shall implement a Storm Water monitoring program to include, at a minimum:
a. Routine visual monitoring for dry weather flows.
b. Routine visual monitoring for spills which may pollute Storm Water 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 Director, in cooperation with local wastewater programs, may require a Person, or Facility owner or operator, to install or implement Storm Water pollution reduction or control measures, including but not limited to, process modification to reduce the generation of Pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City if:
a. The Person, or Facility owner or operator, fails to eliminate Illegal Discharges after receiving a written notice by the enforcement agency; or
b. The Person, or Facility owner or operator, fails to implement a Storm Water Pollution Prevention Plan, as required by the enforcement agency; or
c. The enforcement agency has documented repeated violations of this Chapter which may have contributed to Storm Water pollution.
(4) A Person, or Facility owner or operator, may discontinue sampling and analyses required pursuant to this chapter if Pollutants 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 Director, then any or all of the above requirements will be discontinued. (5) A Storm Water monitoring program prepared and implemented pursuant to any NPDES Permit shall meet the requirements of a monitoring program for the purposes of this Chapter. (Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.080 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

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(Supp. No. 9)

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 Chapter are deemed adverse and detrimental to the public health, safety, 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; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.085 Violations of Federal or State Requirements or City Grading Permits.

Any violation of an applicable federal or State-issued Storm Water Permit, or any failure to conform to an applicable SWPPP prepared pursuant to such Permit or pursuant to this Chapter, or any failure to comply with Storm Water-related provisions of a City-issued grading Permit or of a grading plan prepared to secure such a Permit, is a violation of this Chapter.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.090 Acts Potentially Resulting in Violation of Federal Clean Water Act and/or Porter- Cologne Act.

Any Person who violates any provision of this Chapter, any provision of any Permit issued pursuant to this Chapter, 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.100 Civil Actions.

In addition to prosecution of any violations of this Chapter as criminal offenses, and any other remedies provided in this Chapter, any violation of this Chapter 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:
(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 Storm Water discharge pollution control systems and/or implementing and/or enforcing the provisions of this Chapter. (d) Compensatory damages, including, but not limited to, those associated with loss of, or destruction to, water quality, wildlife, fish, and aquatic life.
(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 Person(s).

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(Ord. No. 2001-1123, 11-27-01; Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

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 ensure the violation is corrected, such bond or security may be required by the Authorized Enforcement Official. (Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Sidewalk abutting or adjoining any parcel of real estate, or upon any parcel of real estate or grounds, which may result in an increase in Pollutants entering the Storm Water Conveyance System, the Authorized Enforcement Official may issue orders and give written notice to test, abate and/or remove such oil, earth, dirt, grass, w eeds, 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; Ord. No. 2022-1521 , § 2, 9-13-2022)

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; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.140 Stop Work Orders.

Whenever any work is being done contrary to the provisions of this Chapter, or other laws implemented through enforcement of this Chapter, an Authorized Enforcement Official may order the work stopped by notice in writing served on any Person engaged in doing or causing such work to be done, and any such Person shall immediately stop such work until authorized by the Authorized Enforcement Official to proceed with the work. (Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

14.15.150 Permit Suspension or Revocation.

Violations of this Chapter may be grounds for Permit and/or other City license suspension or revocation in accordance with applicable sections of this Municipal Code. (Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

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14.15.160 Reserved.

Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, deleted § 14.15.160 entitled "Storm water management fee; failure to pay a violation," which derived from Ord. No. 2008 -1302, adopted April 8, 2008.

14.15.170 Other Acts and Omissions Constituting Violations of this Chapter.

In addition to the violations identified in Sections 14.15.010 through 14.15.060 of this Chapter, the following acts and omissions constitute violations of this Chapter, whether committed by a Discharger or by another Person or entity:
(a) Causing, Permitting, Aiding or Abetting Non-Compliance. Causing, permitting, aiding, 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 Chapter, whether or not the intent of such withholding is to delay City enforcement action, is a violation of this Chapter. (c) Failure to Promptly Correct Non-Compliance. Violations of this Chapter 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 pur sued shall constitute a separate violation of this chapter. Notwithstanding the granting of any period of time to the Discharger to correct the damage resulting from their non-compliance, such Discharger 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 Storm Water-related provisions of a City-issued grading Permit or grading plan prepared to secure such a Permit, and any failure to comply with Storm Water related provisions in any other City Permit or approval is also a violation of this chapter. For purposes of this chapter, a Permit provision or condition of approval is "Storm Water-related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of Storm Water or of moderating runoff flows or rates of velocities, whether or not the provision or condition was initially imposed to promote those outcomes.
(Ord. No. 2008-1302, 4-8-08; Ord. No. 2022-1521 , § 2, 9-13-2022)

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; Ord. No. 2022-1521 , § 2, 9-13-2022) TITLE 14 - CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES CHAPTER 14.16 CONSTRUCTION ON OR WITHIN A PUBLIC PLACE

San Marcos, California, Code of Ordinances Created: 2024-03-14 14:34:08 [EST] (Supp. No. 9)

CHAPTER 14.16 CONSTRUCTION ON OR WITHIN A PUBLIC PLACE3

14.16.010 Scope of Regulations.

This Permit and associated bonds and surety documents in amounts approved by the Director are 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 Encroachments into any public or private Utility easement. Chapter 14.12 shall govern temporary Excavations, fills, and obstructions within the Right-of-way or other Public Place. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.020 Permit Required.

No Person shall perform, or cause to be performed, without first obtaining a Permit from the Director, the following:
(a) Encroach or make any Encroachment 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, Structure, wall, storm drain, culvert, or similar Encroachment;
(f) Make any Excavation or embankment so as to lessen or restrict the normal usage of the Right -of-way or other Public Place.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.030 Reserved.

Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, deleted § 14.16.030 entitled "Residential Driveway Permit."

14.16.040 Application for Permit—Administrative Requirements.

At a minimum, the application for a Permit required by this Chapter shall be made in accordance with Chapter 14.04. The application shall meet the following administrative requirements:
(a) The name, address, email, and phone of the following:

3Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, amended the title of Ch. 14.16 to read as herein set out. The former Ch. 14.16 was entitled "Street and Sidewalk Construction."

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(1) Person 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; (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) Twenty-four-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;
(i) Other such information as may be required by the Director. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.050 Application for Permit—Plans Required.

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 Engineer.

The exhibits and/or Engineering plans shall adequately depict the following information:
(a) Location of the work;
(b) Property lines, Right-of-way, 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 Structures to be installed; (f) Cross section for underground installations indicating:
(1) The approximate depth of the Facility 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;

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(i) A Traffic Control plan and/or applicable Work Area Traffic Control Handbook (WATCH) Standards. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.060 Reserved.

Editor's note(s)—Ord. No. 2022-1521 , § 2, adopted Sept. 13, 2022, deleted § 14.16.060 entitled "Applicant for Concrete Box."

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 Sidewalk less than the full distance between Street intersections would create a condition hazardous to the traveling public using the Street, the Director may require construction to extend the full distance between Street intersections and/or refuse to issue a Permit for the construction of curb or Sidewalk for any length less than the full length of said Street between intersecting Streets.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.080 Permit Fee.

Every Person applying for a Permit required by this Chapter shall at the time of making application for the Permit 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.090 Inspection Fee.

The Director may administratively establish a requirement that an Applicant for a Permit to construct any work, or specific types of work, shall, in addition to the issuance fee, pay or make a deposit for an inspection fee or as follows:
(a) When a deposit is required, the initial deposit shall be in an amount estimated by the Director to be equal to twice the City's actual cost of all necessary inspection 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, 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 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 Person making the deposit in the same manner as provided by Section 14.04.100 of this Code.

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(b) If the cost, plus the issuance fee, exceeds the deposit, the Permittee shall pay the excess to the City. If they do not so pay within 15 days, the City may recover such sum administratively, and/or in any court of competent jurisdiction. Until such amount is paid, further Permits shall not be issued to such Permittee. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.110 Relocation Costs.

If so required by the Director, the Permittee shall make proper arrangements for and bear the cost of relocating any Structure, public Utility, tree, or shrub, where such relocation is made necessary by the proposed work for which a Permit is issued. The Director may elect to perform the necessary relocation. In such case the Permittee shall deposit with the Director a sum of money estimated by the Director to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid upon request, or a deficiency shall be paid by the Permittee, as provided in Section 14.16.100.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.120 Deposit for Survey Monuments.

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 Permittee 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 monuments. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.130 Refund Upon Revocation.

When a Permit has been revoked by the Director, the Permittee may request a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.140 Timely Commencement and Prosecution of the Work.

Every Permittee shall commence work promptly after Permit issuance and shall thereafter prosecute the work in a continuous, diligent, and 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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14.16.150 Revocation for Delay.

Unless in their opinion a good and sufficient reason exists for the failure of the Permittee to comply with the provisions of Section 14.16.140, the Director may revoke the Permit. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Person who performs any work covered by this Chapter in any way different from or contrary to the terms of any Permit 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.170 Approval of Lines and Grades.

Before a Permittee performs any work regulated by this Chapter, they shall obtain approval from the Director of the lines and grades therefor.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.180 Waiver of Inspection.
(a) The Director may waive inspection, if they believes such inspection is not necessary for the best interests of the City.
(b) Any such waiver of inspection shall be issued to the Permittee in writing. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.200 Request for Director Before Work Begins.

Not less than 48 hours before the commencement of any work regulated by this chapter, the Permittee 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.220 Traffic Control and Warning Devices.

A Permittee shall place and maintain Traffic Control, warning devices, and safety lighting within the work area as required by the Director. Traffic Control and warning devices shall conform to the Standards, the Manual on Uniform Traffic Control Devices, and applicable law. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.230 Removal of Debris.

A Permittee 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 Permit;
(b) In all other cases within three days.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.240 Notification of Completion of Work.

Whenever any Permittee has completed any work for which a Permit has been granted, they shall so notify the Director in writing.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.250 Certificate of Acceptance.

If the Director by inspection ascertains that the work has been completed according to the requirements of the Permit, issued therefor and all of the provisions of this Title, they shall issue, if requested so to do by the Permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the Permit.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.260 Permittee's Responsibility.

The inspection, or approval, or acceptance of work or materials shall not relieve the Permittee of any of their obligations to perform and compete the work according to the Permit, the plans, if plans are made, and the Specifications.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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14.16.270 Defective Work and Materials.

Upon order of the Director, any work or material which does not conform to the Permit, 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.280 Default of Permittee.

By applying for and obtaining a Permit pursuant to this Title, the Permittee agrees with the City that in the event the Permittee fails to comply promptly with the terms of the Permit and perform and complete the work according to the plans, if any, and the Specifications, or fails to comply with any other provisions of this Title, the City may elect to perform and complete the work, in which event the Permittee 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 costs associated with performing and completing the work according to such Permit, the plans, if any, and the Specifications, either by the use of the City's forces or by an independent contractor, wh ichever method the Director deems appropriate, and in the event the Permittee 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 attorneys' fees.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.16.290 Public Nuisance.

Any work performed contrary to the Permit, 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 the City Attorney may immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.20 PLANTING, TRIMMING AND REMOVAL OF TREES AND SHRUBS ARTICLE I. TRIMMING, DESTROYING, OR REMOVING TREES, HEDGES, AND

SHRUBS ON PUBLIC PROPERTY

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(Supp. No. 9)

14.20.010 Permit Required.

No Person shall trim, break, deface, destroy, burn or remove any tree, hedge, or large shrub growing on any public property or public Right-of-way unless authorized to do so in writing by the Director, 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 City, by the responsible Person, as determined by the Director. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.20.020 Application for Permit.

Any Person desiring to remove any tree, hedge, or large shrub from any public property or public Right -of- way shall file an application with the Director.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.20.030 Issuance of Permit—Denial of Permit.
(a) The Director may issue a written Permit authorizing the removal of a specific tree, hedge, or large shrub on public property or a public Right-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 Permit. (b) Any Person removing a live tree, hedge, or shrub pursuant to a Permit issued by the Director shall, within 30 days following removal of the same, acquire and plant at least one specimen of a type and in a location specified in the Permit, or by the Director.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Highway is necessary for the protection of the traveling public or public property, the Director shall subject to the availability of funds, personnel, and equipment, cause such tree to be trimmed, pruned, or removed to provide such protection.
(b) On application of any Person to whom a Permit has been issued to trim, prune, or remove a tree, hedge, or shrub from a City Highway, the Director may trim, prune, or remove such tree, hedge, or shrub described in such Permit provided the cost thereof is paid by the Permittee 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 segregated account. Following completion of the work the Director shall det ermine 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 Permittee shall be liable to the City for the unpaid balance and shall promptly pay such amount to the City upon demand of the Director.
(Ord. No. 2022-1521 , § 2, 9-13-2022)
ARTICLE II. PLANTING OF TREES, HEDGES, AND SHRUBS ON PUBLIC PROPERTY

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

14.20.050 Permit Required.

No Person shall plant any tree, hedge, or shrub upon or within any City Highway, public Highway or public property within the City unless authorized in writing to do so by the Director, or as provided in approved plans or permits.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.20.060 Application for Permit.

Any Person desiring to plant any tree, hedge, or shrub within any public or City Highway shall file an application with the Director.
(a) No Permit for the planting of a tree, shrub, or hedge within any public or City Highway shall be issued by the Director unless the species of the tree, shrub, or hedge to be planted is approved by the Director. The Permit for the planting of a tree, shrub, or hedge may be issued upon such terms and conditions as the Director determines appropriate to protect Persons and property, or may be denied. (Ord. No. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.21 ENCROACHMENTS

14.21.010 Definitions.

As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section:
(a) Minor Architectural Encroachment. Means a Building architectural enhancement that projects no more than six inches into the Right-of-Way 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. Means the area of the right-of-way adjacent to and/or progressing parallel to a traveled way between the edge of the road and adjacent property line. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.020 Permit Required.

Except as provided by this Chapter, no Person shall place, repair, maintain, or change any permanent and/or temporary Encroachment, nor perform Encroachment Work, within the City unless authorized pursuant to a Permit issued by the Director.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.030 Term, Binding on Successors.
(a) Reserved.
(b) A permit for permanent Encroachment shall run with the Encroachment and inure to the benefit of and be binding on all future owners, encumbrancers, successors-in-interest, heirs, personal representatives, transferees, assignees, and any other parties having or acquiring any right, title, or interest in the

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(Supp. No. 9)

Encroachment, any part thereof, and/or any appurtenant Structures or Facilities necessary or desirable for the appropriate operation and maintenance of the Encroachment. (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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.040 Insurance.
(a) Each Applicant for a Permit required by this Chapter shall, prior to issuance of the Permit, 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.050 Fee Required.

At the time of making an application for a Permit under this Chapter, the Applicant shall pay the required fees and deposits as may be set forth in the effective fee schedule approved by the Director. 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.060 Exemptions from Permit Requirements.

The following are not subject to the provisions of this Chapter, but shall otherwise comply with permitting requirements in this Code:
(a) Encroachments otherwise allowed under a separate City-approved agreement. (b) Improvements installed under an existing franchise agreement. (c) Minor Architectural Encroachments.
(d) Encroachments allowable under the adopted Building Code. (e) Vegetation not exceeding 24 inches in mature height within the Parkway. (f) Subsurface irrigation lines within the Parkway.
(g) Mailboxes.
(h) Standard concrete or asphalt Driveways.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

14.21.070 General conditions.

Any Encroachment shall comply with the following requirements:
(a) The Encroachment shall not affect a pedestrian pathway so as to make it non -compliant with the Americans with Disabilities Act.
(b) The Encroachment shall not create a hazard to the public as determined by the Director. (c) The Encroachment Work must comply with other provisions of Chapter 14.15. (d) Permittee shall be required to get all applicable Permits required for 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.080 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, state, and federal laws, rules, ordinances, and regulations. Vegetation, irrigation, Driveways, and other such encroachments exempt from Permits, within the Parkway not 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, unless the City has assumed in writing the obligation to maintain said Encroachment. If the adjacent property owner does not assume the obligation in writing, the Encroachment may be deemed abandoned by the Directorremoved by the City at their 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.090 Removal.

The Director in their discretion may immediately remove, or require the removal or relocation of any Encroachment, 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 deemed abandoned by the Director;
(d) Presents a hazard to motorists, pedestrians, or other users of a Public Place; (e) Consists of, or contains advertising, 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 Permit consideration. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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(Supp. No. 9)

14.21.100 City free from liability.

The Applicant shall agree to indemnify and/or hold 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 by reason of the Encroachment or Encroachment Work done by the Applicant, or their agents, employees, or representatives. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.110 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, fines, 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, safety, 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. 2022-1521 , § 2, 9-13-2022)

14.21.120 Default of Permittee.

By applying for and obtaining a Permit pursuant to this Title, the Permittee agrees that in the event the Permittee fails to comply promptly with the terms of the Permit and perform and complete the work according to the plans, if any, or fails to comply with any other provisions of this Title, the City may elect to perform and complete the work, in which event the Permittee 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 contra ctor, the cost of performing and completing the work according to such Permit, 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 eve nt the Permittee 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.21.130 Public Nuisance.

Any work performed contrary to the Permit, the plans, if plans are made, is declared to be a public nuisance, and the City Attorney may immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.
(Ord. No. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.24 UNDERGROUND UTILITY FACILITIES

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

14.24.010 Definitions.

As used in this Chapter, 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, Overhead Wires, and Associated Overhead Structures 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 Utility District or District shall mean that area in the City within which Poles, Overhead Wires, and Associated Overhead Structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Chapter.
(d) Utility shall mean all persons supplying electric, communication, or similar or associated service by means of electrical materials or devices.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Poles, Overhead Wires, and Associated Overhead Structures 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 th e 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 Poles, Overhead Wires, and Associated Structures and such an underground installation within a designated area, the City Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. The resolution shall include a description of the area comprising the District and shall fi x 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.24.030 Unlawful Failure to Remove Overhead Facilities.

Whenever the City Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead Structures therein as provided in this chapter, it shall be unlawful for any Person or Utility to erect, construct, place, keep, maintain, continue, employ or operate Poles, Overhead Wires and Associated Overhead Structures in the District after the date when the overhead facilities are required to be

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

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 Utility 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Person or Utility, to erect, construct, install, maintain, use, or operate Poles, Overhead Wires, and Associated Overhead Structures.
(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 Director;
(2) Poles or electroliers used exclusively for street lighting; (3) Overhead wires, exclusive of supporting Structures, crossing any portion of a District within which overhead wires have been prohibited or connecting to Buildings on the perimeter of a District, when such wires originate in an area from which Poles, Overhead Wires, and Associated Overhead Structures are not prohibited;
(4) Poles, Overhead Wires and Associated Overhead Structures 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 Building by means of a bracket or other fixture and extending from one location on the Building to another location on the same Building or to an adjacent Building without crossing any Public Street;
(6) Antennas, associated equipment, and supporting Structures used by a Utility 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 Poles, Overhead Wires, and Associated Overhead Structures used or to be used in conjunction with construction projects.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Chapter requiring the underground installation of utilities facilities, the City Clerk shall notify all affected utilities and all persons owning real property within the District 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 Person occupying such property desire to continue to receive electric, communication, or si milar or associated service, they or such occupant shall provide all necessary Facility changes on their premises so as to receive such services from the

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

lines of the supplying Utility or Utilities at a new location, subject to applicable rules, regulations, and tariffs of the respective Utility or Utilities on file with the Commission. (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 Chapter, 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.24.060 Duty of Utility Companies in Underground Construction.

If underground construction is necessary to provide Utility service within a District created by any resolution adopted pursuant to this Chapter, the supplying Utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Commission.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Person owning, operating, leasing, occupying or renting a Building or Structure within a District created pursuant to this Chapter shall perform construction and provide that portion of the service connection on their property between the facilities required by this chapter to be furnished by the Utility company and the termination Facility on or within the Building or Structure being served, all in accordance with applicable rules, regulations, and tariffs of the respective Utility or Utilities on file with Commission. (b) In the event any Person 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 District, the Director 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 Person 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 disconne ction and removal of any and all overhead service wires and associated facilities supplying Utility service to the property.
(2) Alternative Two:
a. The City Engineer shall give notice in writing to the Person 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 Person 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 Person to whom it has been sent

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(Supp. No. 9)

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 inch es 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 completed within 30 days after receipt of the notice, the City Engin eer 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 Utility service to the property. Upon completion of the work, the City Engineer 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 Person 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 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.24.080 Duties of the City.

The City shall remove at its own expense all City-owned equipment from all Poles required to be removed hereunder in sufficient time to enable the owner or user of the Poles to remove them within the time specified in the resolution adopted pursuant to this Chapter.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:08 [EST]
(Supp. No. 9)

14.24.090 Extensions of Time.

In the event that any act required by this Chapter or by a resolution adopted pursuant to this Chapter 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 Person upon whom a duty is placed by this chapter to act, the time within such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. No. 2022-1521 , § 2, 9-13-2022)
CHAPTER 14.25 DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION4

14.25.010 Purpose.

This chapter is applicable to all video service providers who are eligible for, and have been awarded, a State Video Franchise under DIVCA, to provide video services in any portion of the City. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Applicable Law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the City. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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, rules, 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

4Note(s)—(Entire Chapter added by Ord. 2008-1299; 2008-1301, 2-26-08)

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

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. (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) Applicant means any Person submitting any application required under Division 2.5 of the California Public Utilities Code.
(3) Applicable Law means all lawfully enacted and applicable Federal, State, and City laws, ordinances, codes, rules, regulations, and orders as the same may be amended or adopted from time to time. (4) Cable Service 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 Council means the governing body of the City of San Marcos, California. (6) 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, Excavation, 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.
(7) 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. (8) 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. (9) Incumbent Cable Operator shall have the same meaning as in DIVCA. (10) Network shall have the same meaning as in DIVCA.
(11) PEG or Public, Educational, and Governmental shall have the same meaning as in DIVCA. (12) 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.
(13) Public Rights-of-way shall have the same meaning as in DIVCA. (14) State Video Franchise means a Franchise issued by the California Public Utilities Commission to provide Cable Service or Video Service, as those terms are defined in DIVCA, within any portion of the City. (15) State Franchise Holder means a Person who holds a State Video Franchise. (16) Subscriber means the City or any Person who legally receives any Cable Service or Video Service from a State Franchise Holder delivered over that State Franchise Holder's Network. (17) Video Service shall have the same meaning as in DIVCA.

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(Supp. No. 9)

(Ord. No. 2022-1521 , § 2, 9-13-2022)

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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Director may require consistent with DIVCA. Unless the Director 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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).
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

lending rate during the period of delinquency, plus one percent, or the maximum amount allowed by law, whichever is less.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.25.110 Lease of City-Owned Network.

In the event a State Franchise Holder leases access to a Network owned by the City, the City may set a franchise fee for access to the City-owned Network 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

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 Video Service, 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 H older must provide sufficient documentation to enable the City to verify compliance. (b) Fines. The Director shall monitor and enforce the compliance of State Franchise Holders with respect to State and federal customer service and protection standards. The Director will provide the State Franchise Holder written notice of any material breaches of a pplicable 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 Director:
(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.

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

(c) Appeal of Fines. A State Franchise Holder may appeal a penalty assessed by the Director 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. Cit y 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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:
(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, frequency, 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, creeds, or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior wr itten 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. (Ord. No. 2022-1521 , § 2, 9-13-2022)

14.25.150 City Response to State Video Franchise Applications. (a) Each State Franchise Holder or Applicant for a State franchise to provide Video or Cable Service 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 Director.
(b) The Director will provide any appropriate comments to the PUC regarding any notice, application, or amendment to an application for a State Video Franchise. (Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

14.25.160 Permits.
(a) Prior to commencing any work on public property or in a Right-of-way, a State Franchise Holder shall apply for and obtain a Permit from the City. In connection with the Permitting of work on private property, the State Franchise Holder must also obtain the written permission of the property owner prior to obtaining a Permit from the City. Failure to obtain the written permission of the property owner shall be grounds for denial of a work Permit by the City. A Permit application is complete when the State Fr anchise Holder has complied with all Applicable Laws 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 shall either approve or deny a State Franchise Holder's application for any Permit upon such terms and conditions as is deemed appropriate by the Director to provide protection to persons and property. (c) If the City denies a State Franchise Holder's application for a Permit, the City shall, at the time of notifying the Applicant of denial, furnish to the Applicant a detailed explanation of the reason or reasons for the denial.
(d) A State Franchise Holder that has been denied a Permit by final decision of the City 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 Permit is not a franchise, and does not grant any vested rights in any location in the Public Rights-of-way, or in any particular manner of placement within the rights -of-way. Without limitation, a Permit to place cabinets and similar appurtenances above ground may be revoked and the Permittee required to place facilities underground, upon reasonable notice to the Permittee. (Ord. No. 2022-1521 , § 2, 9-13-2022)

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, different, or additional poles, conduits, or other facilities whether on public property or on privately owned property unless and until first securing the written approval of the Director, 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, condu its 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 s urface 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 Construction, 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 Structure 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 Rights-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 Structure 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).

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

(d) Work by or on behalf of a State Franchise Holder concerning, installation, maintenance, replacement or removal of any transmission lines, equipment or Structure, or any part thereof, shall be publicized by the State Franchise Holder, at its cost, in the manner and at the times the City 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 Network facilities underground. The term "underground" includes a partial underground system; provided, that upon obtaining the written approval of the City, passive devices, power supplies and other equipment in the grantee's Network 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 Network property of the State Franchise Holder when, in the opinion of the City, 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 Structure or improvements by governmental agencies whether acting in a governmental or proprietary capacity, or any other Structure of public improvement, including but not limited to, movement of Buildings, urban renewal Development, 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 Network property in place, as herein provid ed. 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, refusal, 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 prescribed therefore, or upon notice given, where no time is prescribed, the Director 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 statemen t, pay to the City the entire amount thereof.
(h) In the event that the use of any part of the State Franchise Holder's Network 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 Network 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, promptl y remove from any streets or other area any such Network 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 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 Netw ork property in place, the State Franchise Holder shall cause to be executed, acknowledged, 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

Created: 2024-03-14 14:34:09 [EST]
(Supp. No. 9)

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 Network.
(Ord. No. 2022-1521 , § 2, 9-13-2022)

14.25.190 Interconnection for PEG Programming.

Each State Franchise Holder, and each Incumbent Cable Operator, shall negotiate in good faith to interconnect their Networks 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 Network with the Incumbent Cable Operator's Network at a technically feasible point on the State Franchise Holder's Network 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.
(Ord. No. 2022-1521 , § 2, 9-13-2022)