Chapter 12.08
CONSTRUCTION IN THE CITY RIGHT-OF-WAY
Sections:
12.08.050 Compliance with permits and standards
12.08.060 Competence to perform work
12.08.070 Restoration upon completion
12.08.110 Refusal to restore road structures
12.08.130 Permit nontransferable
12.08.160 Abatement proceedings
12.08.170 Penalty and cost of enforcement
12.08.005 Title
This ordinance shall be known as the construction in the city right-of-way ordinance.
(Ord. 2002-03, Added, 05/07/2002)
12.08.010 Definitions
For purposes of this Chapter:
Person: Includes any individual, firm, partnership, association, corporation, public district, public agency, public utility, trust, estate, other political subdivision or any other entity.
Encroachment: Shall be defined as any activity, obstruction, or structure, temporary or permanent, encroaching into the road right-of-way excepting utility poles or pole lines placed upon the unimproved portion of the highway.
Director of public works: means the director of public works for the city of Galt public works department or his or her designee.
Permit: May be in the form of an encroachment permit, approved public improvement plan, or other form as established by the director of public works.
(Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.020 Permit required
It is unlawful for any person to lay, construct or maintain any pipes, drain, or conduit across, along or on any street, road or highway or other right-of-way in the city, or to make any excavation or cut or encroachment therein, without first obtaining a permit from the director of public works to do so in the manner herein provided. Every applicant shall state in detail the following information:
A. The location, dimension, purpose, extent and nature thereof;
B. The time during which it is estimated that the excavation or encroachment will exist;
C. Such other information as may be required by the director of public works.
More than one proposed excavation or encroachment may be included in one application. The director of public works may issue a general annual permit for the repair and maintenance activities of public utility agencies. A copy of the permit shall be maintained at the work site at all times when work is in progress.
(Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.030 Permit fees
Processing fees in an amount established by resolution of the city council shall be paid for permits prior to permit issuance, except where a continuous billing account has been established. Costs incurred by city of Galt public works department for processing and checking the application, and for inspection shall be billed to the permittee based upon the city fee schedule in effect at the time of permit processing. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.040 Filing of plan
Every applicant for a permit hereunder shall file with the application a plan showing the street or highway in which the proposed work will be executed, together with the approximate locations and dimensions of proposed excavations, repairs, improvements, activities, and/or encroachments. When excavations are made for service connections or for the repair of trouble in conduits or other pipes, or for culverts or drainage pipes under driveways, the director of public works may waive the filing of a plan.
(Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.050 Compliance with permits and standards
Any act done under the authority of a written permit issued pursuant to the provisions of this Chapter shall be done in accordance with the terms and conditions of such permit. All federal and state laws and codes, and the construction standards of the city will be complied with during the execution of work under the permit. All work in the city right-of-way shall be done and must be constructed in accordance with the standard plans and specifications for public improvements adopted by the city. The failure of any permittee to obey the provisions of this Chapter or the lawful directions of the director of public works or his or her designated representative relative to work shall be deemed to be sufficient cause to refuse the request of the person for further permits for work of such character or to cause the stoppage of any work and progress by the director of public works by written notice until the permittee is in full compliance with the terms of this Chapter. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.060 Competence to perform work
All activities covered by the permit must be performed under the direction of a contractor licensed to perform such work by the state of California; or by a public agency or public utility. The director of public works is authorized to waive the licensing requirement when other satisfactory evidence of competence to perform the work is provided or the activity is deemed by the director of public works to be simple in nature. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.070 Restoration upon completion
Immediately upon completion of the work necessitating the excavation or encroachment permitted by the permit issued hereunder, the permittee shall at his or her own cost and expense, promptly and in a workmanlike manner refill the excavation and/or remove the obstruction. All excavations shall be refilled in a manner consistent with all applicable city standard specifications and any specific terms and conditions contained in the permit. Upon completion of the refilling of the excavation the director of public works shall require the permittee to resurface that portion of the street or highway damaged by the permittee’s excavation or encroachment. The resurfacing shall be done in accordance with the standard specifications prescribed by the city council for the repair and resurfacing of city highways. All surplus materials, debris and waste matter will be the removed and properly disposed of by the permittee. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.080 Deposit
Except as hereinafter provided, the director of public works shall require the applicant to deposit a sum of money sufficient in the opinion of the director of public works to cover the total cost of refilling any excavation and proper restoration of the highway as required hereunder. The deposit shall be a letter of credit acceptable to the director of public works; or cash, certified check or cashier’s check payable to the city. If the work of refilling the excavation is in accordance with the requirements of section 12.08.060 and the restoration of the highway is completed in accordance with the standards herein prescribed, the deposit shall be returned to the permittee at the expiration of one hundred eighty days (180) from the completion of work. If during such time the refilled excavation settles, or if the resurfacing or restoration of the highway disintegrates or develops ruts or holes, the director of public works shall require the permittee to repair or resurface the highway to eliminate all ruts and holes or other failures as determined by the director of public works. If the permittee fails or refuses to do such work, the director of public works shall do the work required, and pay the cost thereof out of the deposit. If the deposit is insufficient for this purpose the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay such a deficiency upon demand, the city may recover the same by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.090 Waiver of deposit
The director of public works may waive a special deposit whenever in his or her opinion the proposed excavation or encroachment is of a minor nature or other suitable security is provided, as determined in the discretion of the director of public works. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.100 General deposit
In lieu of making a special deposit required by section 12.08.070, the applicant may make and maintain with the city of Galt a general deposit in an estimated amount determined by the director of public works to be sufficient to pay for the cost of any expected repairs occasioned by any excavation or encroachment authorized by any permit issued hereunder to the applicant, but not to exceed twenty-five thousand dollars ($25,000). The general deposit shall be held and used for the same purposes as the special deposit required herein. The deposit shall be a letter of credit acceptable to the director of public works, cash, certified check or cashier’s check payable to the city. However, the maintenance of a general deposit does not relieve an applicant from making application for every proposed excavation or encroachment. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.110 Refusal to restore road structures
If the permittee fails or refuses to restore any road structure or any excavation as required by section 12.08.060 or remove any obstruction which he or she has placed upon the highway or fails and refuses to restore or resurface that portion of the structures damaged by him or her in accordance with the standards herein prescribed, the director of public works may cause such refilling and resurfacing or other restoration to be performed and pay the cost thereof out of the deposit made by the permittee. The deposit shall also be used to maintain the work for a period of one hundred eighty days (180) after completion thereof. If the amount of the deposit is not sufficient to cover the cost of the work and the maintenance thereof the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay the deficiency upon demand, the city may recover the same and any attorney fees by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee. In lieu of such deductions the director of public works may bill such person for the amount owed by him or her to the city. If such amount is not paid within fifteen days (15) of the rendition of the bill, the director of public works may deduct the amount from the general deposit as herein provided. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.120 Exemptions
No deposit shall be required of any public district, public agency, public utility, or political subdivision (as provided in California Streets and Highway Code section 1468) which is authorized by law to establish or maintain works or facilities in, under or over any public highway, nor shall the application of any such governmental unit be denied except as hereinafter provided. Every such applicant shall be entitled as a matter of right to a permit but shall otherwise be subject to the provisions of this Chapter. The director of public works shall have the right to deny a permit to such applicant where the applicant has failed to comply with the provisions of this Chapter relating to the refilling of excavations, removing or relocating obstructions or the resurfacing or restoration of any highway, and the maintenance thereof, under any previous permit. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.130 Permit nontransferable
All permits issued hereunder shall be nontransferable and the work authorized by the permit must commence within thirty days (30) of issuance thereof or other approved start date, and must be completed within the time estimated in the application. The director of public works may grant a reasonable extension of time when the work has been unavoidably delayed without fault of the permittee. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.140 Emergency work
Nothing herein contained shall prohibit any person from performing such activity as may be necessary for the preservation of life or property when such necessity arises if the person making the excavation promptly notifies the director of public works of any such action. Any person performing such activity shall restore the site in accordance with the standards prescribed by this Chapter that would be applicable if a permit had been issued. Any person performing emergency work of activities pursuant to this section shall bare the burden of proving the existence of such emergency. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.150 City liability
The issuance of a permit hereunder shall not be construed as imposing any liability upon the city or upon any of its officers, employees, or agents by reason of damage or injury to persons or property resulting from any activity, repair, improvement, excavation or obstruction authorized by the permit. (Ord. 2002-03, Repealed and Replaced, 05/07/2002)
12.08.160 Abatement proceedings
Any activity contrary to the provisions of this Chapter or contrary to the issued permit or the terms or conditions imposed therein is unlawful and a public nuisance, and the City Manager or his or her designee is authorized to commence in the name of the city actions or proceedings for the abatement and removal and enjoining thereof in the manner provided by sections 21.01.060 and 21.01.080, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such operation and restrain and enjoin any person, firm or corporation from so operating. (Ord. 2006-07, Amended, 06/06/2006; Ord. 2002-03, Added, 05/07/2002)
12.08.170 Penalty and cost of enforcement
A. Any person violating the provisions of this Chapter or any encroachment permit issued pursuant to this Chapter is guilty of a misdemeanor.
B. In addition to any other remedies available at law, any person violating the provisions of this Chapter or any encroachment permit issued pursuant to this Chapter shall be liable to the city for all expenses and damages caused by any such violation.
C. In addition to any other remedies provided by this Chapter or state law, there are hereby imposed the following administrative civil penalties for each violation of this Chapter or the terms and conditions of any encroachment permit issued pursuant to this Chapter.
1. Any person initiating work within the public road right of way without obtaining an encroachment permit shall be subject to and responsible for a fine in the amount of $750 for a first violation, $1,000 for a second violation, or $1,000 for a third or subsequent violation.
2. Any person in possession of a valid encroachment permit that initiates work within the public road right of way, but fails to provide notification for inspection as required by the permit shall be subject to and responsible for a fine in the amount of $500 for a first violation, $1,000 for a second violation, or $1,000 for a third or subsequent violation.
D. Whenever the City Manager or his or her designee determines that an encroachment violates the provisions of this Chapter, or the terms and conditions of any permit issued pursuant to this Chapter, the City Manager or his or her designee shall give written notice of such violation to the alleged violator. The notice shall include the following information:
1. The street address, legal description or other description sufficient to identify the affected property.
2. The penalty imposed as a result of such violation.
3. A statement that the party affected may file a written request for hearing with the director of public works if it objects to imposition of the penalty.
4. A statement that the penalty imposed shall be enforced if the party fails to file a timely written request for a hearing.
E. Notice of any administrative civil penalty shall be served either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the alleged violator. Service shall be effective for all purposes upon receipt if personally served, or within five (5) days of mailing as herein provided. Proof of service of the notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the City Manager or his or her designee. The failure of a party to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this Chapter.
F. Written request for a hearing must be received by the city manager or his or her designee within seven (7) days of the effective date of service of the notice. The hearing shall be set and conducted pursuant to section 21.03.060. The order of the hearing officer shall be in writing resolving the essential issues raised in the hearing and confirming, amending or rejecting the administrative civil penalty imposed by the Director of Public Works.
G. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Government Code section 53069.4 or any successor provision thereto. A copy of the notice of appeal authorized by Government Code section 53069.4 shall be served upon the City Clerk.
H. Each party violating any provision of this Chapter or any encroachment permit issued pursuant to this Chapter shall be guilty of a separate offense for each and every day on which any such violation is committed, continued or permitted by any such person.
I. In addition to any penalty, sanction, fine or imprisonment, any person violating the provisions of this Chapter or any encroachment permit issued pursuant to this Chapter shall be required to pay any and all expenses of enforcement including those costs necessary to inspect, remove and/or correct the violation. In addition to all remedies herein contained, the City may pursue all reasonable and legal means in collecting those sums authorized and due, including, but not limited to the provisions of Chapter 21.01 of Title 21.
(Ord. 2006-07, Amended, 06/06/2006; Ord. 2002-03, Added, 05/07/2002)