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HomeMy Public PortalAboutOrdinance 5441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 544 AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA REGULATING ENCROACHMENTS AND EXCAVATIONS ON CITY STREETS The City Council of the City of Beaumont, California DO ORDAIN as follows: Section 1: GENERAL. Subject to the control of the City Council, there is hereby delegated to the City Engineer the ad- ministration of the use of City streets for excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits for such uses. Section 2: ENCROACHMENTS AND EXCAVATIONS. No person, including firm, corporation; public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any City street or the right of way thereof without first obtaining from the City Engineer a permit therefor, or maintain the same without such perit or in violation of the terms or conditions thereof. Such a permit shall be issued by the City Enaineer only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the City of Beaumont, or a public district or public utility or public service agency having _lawful authority to use the right of way or street for the purpose specified, or the owner of an ease- ment for such purpose within the street right of way, or if the City Engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the highway or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the City to use the right of way for public road purposes. Every such permit shall be conditional upon the right of the City to require the permittee to relocate or remove the structure or encroachment at the permittee's expense for the benefit of the City or to relocate the structure or encroachment at the permittee's expense, where in the opinion of the City Engineer such action is reasonably necessary to avoid a crossing conflict, for the benefit of any public district, public agency or political subdivision, or of any other person or agency having a right to use the City street for the purpose proposed; but the acceptance of a permit shall not be deemed a waiver by the permittee of any contractual or statutory right against any party for reimbursement of the expense of such removal or relocation. Every such permit shall be subject to such conditions as the City Engineer determines are necessary to assure the safety of the traveling public and the restoration of the surface of the street and the foundations thereof, and of the portions outside the traveled roadway. The City Engineer may require such surety bond or deposit of money as in his judgment may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the surface and the subsurface of the street and the right of way, and any survey monuments or other improvements that may have been disturbed. The City Engineer may, where convenient to road work he has programmed, or for other reasons of City convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall fail to refill any excavation or to restore the City street or right of way to its condition prior to the excavation, the City Engineer shall have the right to perform said work and collect in the name of the City the cost thereof. Section 3: EXCEPTIONS. An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property, and pro- vided that such a permit be obtained on the first business day thereafter, and further provided that said excavation is made in such manner as to give full protection to the users of such street and the City of Beaumont. Section 4: TREE REMOVAL. No person, firm, corporation, public district, public agency or political subdivision shall remove or severely trim any tree planted in the right of way of any City street without first obtaining a permit from the City Engineer to do so. Such permit shall be issued without fee, if the City Engineer is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the rigY.t of way or the construction of improvements on adjacent land. He may impose such conditions as he deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree trimmer actually engaged in that business, and for bond, insurance or other security to protect person and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining over- head power or communication lines Pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relo- cation or replacement by one or more other trees of a kind or type! to be specified in the permit. Section 5: APPLICATION. Each application for a permit under{ this ordinance shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency or by his or its agent authorized in writing. The application shall be submitted on a form supplied by the City Engineer and shall contain or be accom- panied by such information as he may require. Each permit shall be in writing_, signed by the City Engineer or his representative, on a form to be furnished by him. Section 6: FEES. The permit fees and inspection fees re- quired by this ordinance shall be paid at or after the time the application is filed, but in any event before the permit is issued. Said fees for permits, which shall not be refundable, and for inspections shall be as contained in Ordinance 528 and 530. The City Engineer may waive the inspection fee when in his opinion the public safety or convenience does not require inspection of an excavation or encroachment. Section 7: EXEMPTIONS. a. The following shall be exempted from payment of the per- mit fee for an excavation or encroachment: 1. Street improvements under special assessment or improvement district proceedings conducted by the City Council. 2. Public utility and public service facilities in- stalled pursuant to specific contract with the City of Beaumont and under the control thereof. b. The following shall be exempted from payment of the Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 inspection fee for an excavation or encroachment: 1. A public utility which holds and at the time of application for the permit has held for at least five (5) years a franchise from the City of Beaumont or the State of California authorizing the use of public highways for (a) a public utility installation not involving excavation in a City street or right of way other than as usual and necessary for the installation of poles, guys and anchors at locations entirely outside of the traveled portion of the right of way or established sidewalks, irnProved or unimproved; or (b) for a Public utility installation involving only a bellhole excavation to install, repair or replace a consumer service connection. 2. Street improvements under special assessment or improvement district proceedings conducted by the City of Beaumont. 3. Public pursuant to specific contract with the City of Beaumont and under the control thereon. utility and public service facilities installed c. Subdivision improvements to be constructed Pursuant to agreement with the City of Beaumont are exempt from the ordinance. Section 8: BLANKET PERMITS. The City Engineer may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied, to reduce administrative costs of both City and applicant. Section 9: PENALTIES. Any person who does any act for which a permit is required by this ordinance without first obtain- ina such permit, or who, having obtained such a permit, violates any term or condition thereof and thereby jeopardizes or injures person or property, is guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Nothing herein shall be deemed to deprive any person of any civil right or remedy he may have against a violator of this ordinance, nor to deprive the City of Beaumont of any cause of action which it may have aaainst such violator, regardless of any prosecution or conviction under this section. Section 10: DEFINITIONS. Highway or street means a right of way within which improvements are constructed for the conveyanc9 of pedestrian and vehicular traffic and includes all highways, streets, roads and alleys. Said rights-of-way and improvements shall be in conformity with the Engineering Department Standards and Specifications. Improvements include, but are not limited to, paved roadway, curb, gutter, sidewalk, landscaping, utilities and survey monuments. Section 11: PREVIOUS ACTIONS. Any permit issued prior to the adoption of this Ordinance shall continue in force as if issued pursuant to this ordinance, and shall be subject to the provisions of this ordinance, unless and until and to the extent that such permit shall be revoked, modified or superseded pursuant hereto. !/ // Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 12: This ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of March , 1982, by the following vote: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: Y CLERK (Deputy) Paae 4 1742 /4 YOR OF THE CITY OF BEAUMONT