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