HomeMy WebLinkAboutOrdinance #3582 ORDINANCE NO. 3582
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY DELETING CHAPTER 12.12 AND ADDING CHAPTER 12.13
RELATING TO STREET WORK
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 12.13, said chapter to read as follows:
Chapter 12.13
STREET WORK GENERALLY
Sections:
12.13.010 Definitions
12.13.020 Erecting utility structures--Authority
12.13.030 Emergency situations
12.13.040 Obstructing or construction within public way—Permit required
12.13.050 Duration and validity
12.13.060 Penalty for exceeding time restrictions
12.13.070 Permit--Fees
12.13.080 Required information for permit
12.13.090 Construction work--Permit denial—Appeal in general
12.13.100 Orders, regulations, and rules of City departments
12.13.110 Construction work—Licensed contractor required
12.13.120 Street excavation moratorium—no permit shall be issued
12.13.130 Underground service alert
12.13.140 Stop work order, permit modification, and permit revocation
12.13.150 Restoration
12.13.160 Repair by the department
12.13.170 Emergency remediation by the department
12.13.180 Suspension of applications and permits
12.13.190 Identification of visible facilities
12.13.200 City repaving plan
12.13.210 Coordination with City
12.13.010 Definitions.
(a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has
submitted an application for a permit to excavate.
(b) "City" shall mean the City of Huntington Beach.
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(c) "Department" shall mean the Department pf Public Works.
(d) "Director" shall mean the Director of the Department of Public Works or his/her
designee, and shall include the term "Superintendent of Streets."
(e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of-
way.
(f) "Facility" or "facilities" shall mean any and all cables wires, cabinets, ducts, conduits,
converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes,
surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible
things owned, leased, operated, or licensed by an owner or person, that are located or are
proposed to be located in the public right-of-way.
(g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract
granting special privileges to use the public right-of-way. It is not intended that this
chapter of the Municipal Code impose additional rules or regulations which are
inconsistent with the rights or obligations under the franchise or confer authority to the
City that conflicts with the State's Public Utilities Code or the jurisdiction of the California
Public Utilities Commission.
(h) "Owner" is defined as that person who is responsible for the project.
(i) "Permit" or "permit to excavate" shall mean a permit to perform a project as it has been
approved or may be amended or renewed by the department.
(j) "Permittee" shall mean the applicant to whom a permit has been granted by the
department in accordance with this chapter.
(k) "Person" shall mean any natural person, owner, corporation,partnership, public utility
franchise, or any governmental agency, including any agency other than the City of
Huntington Beach, department,the state of California, or United States of America.
(1) "Project"for purposes of this chapter shall mean any activity permitted under this
chapter, including but not limited to excavation, construction, demolition,obstruction of
right-of-way, repair and building.
(m) "Public right-of-way" shall mean the area across, along, beneath, in, on, over, under,
upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets,ways and City owned properties within the City, as they now exist or
hereafter will exist and which axe or will be under the permitting jurisdiction of the
Department of Public Works.
12.13.020 Erecting utility structures--Authority. It is unlawful for any person, without a City
franchise and/or City permit, or other authority from the Director, to erect any telegraph,
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telephone, electric light or,transmission poles, or facilities on or in any walk, street, alley or
public place in this City, or to stretch any wires or cables along or across said streets; or to lay
any gas, oil or water pipes, or other pipelines along or across any streets in the City.
12.13.030 Emergency situations. Nothing contained in this chapter shall be construed to
prevent any person from taking any action necessary for the preservation of life or
property when such necessity arises during days or times when the department is closed.
In the event that any person undertakes any project, as defined herein, in the public right-
of-way made necessary by an immediate threat to health, safety, life or property, such
person shall apply for an emergency permit within four hours after the department's offices
are first opened. The applicant for an emergency permit shall submit a written statement of
the basis of the emergency action and describe the work performed.
12.13.040 Obstructing or construction within public way--Permit required. It is unlawful for any
person to construct, repair, use, or obstruct any street, alley, sidewalk or public property within
this City by placing thereon or therein any utility, building, stand, counter, fence, lunch wagon,
storage container, bandstand, structure,building material or tools, gravel, dirt, excavation or
obstruction of any kind whatsoever or performing any demolition, without a permit having first
been issued therefor as hereinafter provided.
12.13_050 Duration and validity.
(a) Permits shall be void if the project has not begun within thirty days of the start date
specified in the permit or if the project, including restoration, has not been
completed within the specified duration; provided, however,that the Director, in
his or her discretion for good cause shown, may issue one thirty-day extension to
the start date and one thirty-day extension to the duration of a permit upon written
request from the permittee.
(b) Permits are not transferable without the written consent of the permittee and the
Director.
12.13.060 Penalty for exceeding time restrictions. A penalty shall be imposed upon any person
who does not complete work requiring road or lane closures within the established time frame.
The penalty shall be in an amount set by resolution of the City Council and shall be based upon
estimated costs to the traveling public due to delays and additional travel distance around
roadway closures.
12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan
check, inspection and permit fees, set by resolution of the City Council. The State of California
and the County of Orange, including entities such as special districts organized under state law,
are fee exempt. At the discretion of the Director, and upon proven City history of prompt
payment and company fiscal integrity, the Director may request and make arrangements for
alternative methods of collecting payment such as monthly billings
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Ord. No. 3582
12.13.080 Required information for permit. Before any project mentioned in this chapter may be
commenced,the person doing such work must provide the following information:
(a) Applications for permits shall be submitted in the format and manner specified by
the Director and shall contain:
1. The name, address, telephone, and facsimile number of the applicant. Where an
applicant is not the owner of the facility to be installed or maintained in the public
right-of-way,the application also shall include the name, address, telephone, and
facsimile number of the owner.
2. A description of the location,purpose or use, method of construction, and surface
and subsurface area of any proposed project.
3. A plan showing the proposed location and dimensions of the proposed project
excavation and the facilities to be installed, maintained, or repaired in connection
with the project, and such other details as the department may require.
4. Upon request, a copy or any documentation, easement, encroachment permit,
license, or other legal instrument that authorizes the applicant or owner to use or
occupy the public right-of-way for the purpose described in the application.
Where the applicant is not the owner of the facility or facilities to be installed or
maintained, the applicant must demonstrate in a form and manner specified by the
department that the applicant is authorized to act on behalf of the owner.
5. The proposed start date of project.
6. The proposed duration of the project, which shall include the duration of
restoration of the public right-of-way physically disturbed by the project.
7. A current business license issued by the City of Huntington Beach for the
applicant and any subcontractors who will be providing services under the permit.
8. Evidence of insurance for the applicant and owner as specified by Resolution of
the City Council.
9. Any other information that may reasonably be required by the department.
(b) Action on applications for permits as provided in this Chapter.
1. After receipt of an application for a permit,the department shall determine
whether an application is complete. If the application is deemed to be incomplete,
the department shall advise the applicant in writing of the reasons for rejecting the
application as incomplete.
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Ord. No. 3552
2. If the application is deemed to be complete, the department, in its discretion, shall
deny, approve, or conditionally approve the application. In order to preserve and
maintain the public health, safety, welfare, and convenience, the department may
condition a permit with specified requirements including, but not limited to, those
that limit or modify the facilities to be installed or maintained, the location of the
facilities to be installed or maintained, and the time, place, and manner of work to
be performed.
3. If the application is denied,the department shall advise the applicant in writing of
the basis for denial. _
4. If the application is approved or conditionally approved,the.department shall issue
a permit to the applicant.
It is unlawful for any permittee to make,to cause, or permit to be made, any project in the public
right-of-way outside the boundaries,times, and description set forth in the permit.
12.13.090 Construction work--Permit denial—Appeal in general. In the event the Director
refuses for any reason to issue a permit, the applicant may petition the Public Works
Commission, in writing, for a hearing to consider said request. Any decision of the Commission,
including but not limited to decisions to grant or deny permits, is appealable to the City Council
who will consider the application de novo.
12.13.100 Orders re ulations and rules of City departments. All work in the public
right-of-way pursuant to this chapter shall be performed in accordance with the standard
plans and specifications of the department,the design manual, and any department orders,
regulations, or rules, except where the Director grants, for good cause shown, prior written
approval to deviate from such standard plans and specifications,the design manual, orders,
regulations, or rules.
12.13.110 Construction work--Licensed contractor required. No construction work of any kind
shall be done or performed upon any public right-of-way, in the City unless done according to
City orders, regulations, rules of standard plans and by a contractor licensed by the State of
California to perform that class of work.
12.13.120 Street excavation moratorium.,no permit shall be issued. In order to preserve the ride
quality, structural integrity and appearance of newly constructed or renovated streets, permission
to excavate in newly constructed or renovated streets will not be granted for three (3) years after
completion of street renovation as shown by the filing of a Notice of Completion. Applicants
shall determine alternate methods of installing utilities or making necessary repairs to avoid
excavating in newly renovated streets. Exceptions to the above are as follows:
(a) Emergency which endangers life or property.
(b) Interruption of essential utility service.
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Ord. No. 3582
(c) Work that is mandated by legislation applicable to the City or person performing the
excavation or ordered by any court or governmental entity with jurisdiction over the City
of Huntington Beach.
(d) Service lateral for buildings or facility where the applicant has no other means of
providing service exists.
(e) Other situations deemed by the City's Public Works Commission to be in the best interest
of the general public.
All permits which are issued under A through E above shall be in accordance with the specified
enhanced standards, details and specifications established by and on file in the Department,
unless otherwise approved by the Director.
12.13.130 Underground service alert. Any person excavating in the public right-of-way
shall comply with the requirements of the underground service alert regarding notification
of excavation and marking of subsurface facilities.
12.13.140 Stop work order, permit modification, and permit revocation. When the
Director has determined a person has violated this chapter, or any condition of the permit,
or that an excavation poses a hazardous situation or constitutes a public nuisance, public
emergency, or other threat to the public health, safety, or welfare, or when the Director
determines there is a paramount public purpose, the Director is authorized to issue a,stop
work order, to impose new conditions upon a permit, or to suspend or revoke a permit by
notifying the permittee of such action in writing.
12.13.150 Restoration.
(a) Like New Restoration. For all projects for which any permit under this Chapter has been
issued, the permittee shall restore or cause to be restored any area upon which work has
been performed to like new condition. Such restoration shall be done in the manner
prescribed by the standard plans and specifications, the design manual, orders,
regulations, and rules of the department.
(b) Modification to Requirements. Upon written request from the permittee,the Director, in
his or her discretion and for good cause shown, may approve in writing modifications to
the requirements of this section.
12.13.160 Repair by the department.
(a) In the event any person(s) fails,neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth in this chapter, the Director shall repair or
restore, or cause to be repaired or restored, such condition in such manner as the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the department for any costs associated with the
administration, construction, consultants, equipment, inspection, notification,
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Ord. No. 3582
remediation, repair, restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the repair or
restoration undertaken by the department.
(b) Repair or restoration by the department in accordance with this chapter shall not relieve
the person(s) from any and all liability at the site of the repair or restoration, including, but
not limited to, future failures for any portions of work completed by permittee.
12.13.170 Emergency remediation by the department.
(a) If, in the judgment of the Director, the site of an excavation is considered hazardous,
constitutes a public nuisance, public emergency, or other imminent threat to the public
health, safety, or welfare that requires immediate action, the Director shall order the
condition remedied by written, oral,telephonic or facsimile communication to the owner,
applicant, or any agent thereof and shall designate the owner or applicant as the
responsible party.
(b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate
action to remedy the condition as specified in said communication, the Director shall
remedy the condition or cause the condition to be remedied in such manner as the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the department for any reasonable costs associated
with the administration, construction, consultants, equipment, inspection, notification,
remediation,repair, restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the emergency
remediation undertaken by the Department.
12.1.3.180 Suspension of applications and permits.No person subject to any outstanding
violation of this chapter shall apply for nor be issued any permit hereunder.
12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit
that are visible from the surface of the public right-of-way shall be clearly identified with
the name of the current owner of the facilities. Upon demand of the Director, within six
months of change in ownership of a facility(ies), the identification required by this section
shall indicate the new owner.
12.13.200 City Re___pavingPlan. The Director of Public Works shall prepare a two (2) year
repaving plan showing the street surfacing planned by the City for the next two (2) years. The
two year repaving plan will be made available to utilities at all times to assist them.
12.13.210 Coordination with City.
(a) Prior to designing facilities and applying for an excavation permit in the City's public
right-of-ways, applicants shall review other utilities' master plans and the City's two (2)
year repaving plan on file with the Director. The applicant shall coordinate, to the extent
practicable, with other planned utility and street work shown on such plans to minimize
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Ord. No. 3582
damage to, and avoid undue disruption and interference with the public use of such
public rights-of-way.
(b) To avoid future excavations and to reduce the number of street excavations,
telecommunication companies shall be requested, when practical,to install spare
conduits.
SECTION 2 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of October , 2002.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk � r L y, oZ
�-� City Attorney
REVIEWED AND APPROVED:
IN AND APPROV D:
City ministrator
Director of Public Works
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Ord. No. 3582
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 71h day of October, 2002, and was again read to
said City Council at a regula meeting thereof held on the 21" day of October, 2002,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: Houchen
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
2002
In accordance with the City Charter of said City City Clerk and ex-officio Cle
Connie Brockway, Ci1y Clerk of the City Council of the City
a.�t,� Deputy City Clerk of Huntington Beach, California