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Home My Public Portal AboutOrdinance 1113ORDINANCE NO. 1113 AN ORDINANCE OF THE CITY OF BEAUMONT FOR A MORATORIUM ON PAVEMENT CUTS ON RECENTLY RESURFACED STREETS WHEREAS, the City of Beaumont seeks to minimize pavement degradation, maintain structural integrity of streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts. By having a street cut moratorium, contractors or utilities companies with proposed projects that require excavation of roadways can more effectively plan and review conflicts that may be encountered. WHEREAS, under circumstances where permission to excavate is granted notwithstanding the moratorium, excavations shall be permanently patched, all permitted work and material shall meet current City Standards and Greenbook Standard Specifications for Public Works as further provided in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 12.31 is hereby added to the Beaumont Municipal Code to read as follows: 12.31.01. No trenching or excavation shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five (5) years after completion of, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of (3) years from completion. 12.31.02. The City Engineer/Public Works Director may grant exception to the moratorium for: A. Emergencies which endanger life, or public health and safety. B. Work that is mandated by city, state or federal legislation. C. Service to buildings or properties where no other reasonable means of providing service exists. 12.31.03. To request an exception, the applicant shall submit the following information to the Public Works Department: A. The location of excavation. B. Which exception from the moratorium stated above is being claimed. C. Description of the work to be performed. D. Justification from the applicant why the work was not performed before the roadway was resurfaced. E. Justification as to why the work cannot be completed via jack and bore or directional drill method(s). F. Justification from the applicant why the work cannot be deferred until after moratorium expires. G. Justification why the work cannot be performed in another location. 12.31.04. If the Public Works Department approves an exception to the moratorium, it shall impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving, which include, but are not limited to: A. Street grinding, and subbase repairs. B. Fog seal and all striping replaced. C. Raising of manholes and monuments. D. The resurface area shall be a minimum of 12' wide for each traffic lane affected by the excavation, or more, as determined by the Public Works Director at their sole discretion. E. The resurface area shall extend a minimum of 25' long in both directions as measured from the edge of the excavation, or more, as determined by the Public Works Director at their sole discretion. F. Compaction of base material and subgrade to minimum 95% relative compaction. G. On arterial or collector streets, the entire area to be resurfaced shall be cold planed a minimum 0.20' deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards. H. On local streets, the entire area to be resurfaced shall be cold planed a minimum 0.15' deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards. I. Where new asphaltic concrete (AC) pavement will be placed, tack coat will be placed where they join with existing street pavement surfaces. J. For areas where rubberized asphalt exists the material used for replacement shall be in kind. 12.31.05. Any person who is required to repave a street under this ordinance shall be required to obtain an Encroachment Permit and comply with the other provisions of Beaumont Municipal Code Chapter 12.12 and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, soils testing and all other expenses related to the work. 12.31.06. Violations. A. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law. B. Any Person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. C. Any Person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law. D. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code. E. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. SECTION 2. CEOA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 5. Violation of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of November, 2019, by the following roll call vote: AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on thel9th day of November 2019. AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: Steven Mehlman, City Clerk Approved as to form: