HomeMy WebLinkAbout1989-08-08 - ORDINANCES - AMEND MUNICODE HWYS (2)ORDINANCE NO. 89-20
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD TITLE
13 RELATING TO HIGHWAYS.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Municipal Code for the City of
Santa Clarita is hereby amended to add Title 13 relating to
highways, to read as follows:
TBM/SCHI-CODE
TITLE 13 _
HIGHWAYS
DIVISION 1
HIGHWAY PERMITS
Chapter 13.02
"GENERAL' PROV I S IONS
07/17/89
-13 02.010: Title for Citation. The ordinance
codified in this Division 1 shall be known as and may be
cited as the "highway permit ordinance."
13.02.020. Continuation of Provisions. The
provisions of the ordinance codified in this Division 1,
insofar as they are substantially the same as the provisions
of prior ordinances, this shall be construed as restatement
and continuation, and not as a new enactment.
Chapter 13.04
DEFINITIONS
13.04.020. Base Course. "Base course" means that
portion of the highway located between the pavement and the
native soil.
13.04.022. Bus Bench. "Bus bench" means any seat
located on public property along any public way for the
accommodation of passersby or persons awaiting transporta-
tion.
13.04.025. City Manager. "City Manager" means
the City Manager of the City or designee.
13.04.030. Director. "Director" means the Public
Works Director of the City or designee.
13.04.050. Driveway. "Driveway" means that
portion of the road right-of-way between the property line
and curb, or between the property line and the pavement if
no curb exists, where vehicles enter or leave the highway
onto adjacent property.
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13.04.060. Encroachment. "Encroachment" means
and includes any obstruction, tower, pole, pole line, pipe,
fence, wire, cable, conduit, stand or building, or any
structure or object of any kind or character not particu-
larly mentioned in this Division 1, which is placed in,
along, under, over or across the highway. This section does
not apply to the temporary use of the highway for ordinary
maintenance of any existing authorized or permitted
encroachment; nor to the suspension or stringing on existing
pole lines of additional cables, wires, transmission lines,
conduits or service connections solely for telephone or
electric power purposes.
13.04.070. Facilities or Pipelines. "Facilities"
or "pipelines", means pipes, pipelines, valves, tanks,
mains; service lines, conduits, duct banks, cables, wires,
poles, tunnels, obstructions and other apparatus, both
aerial and underground.
13.04.080. Hazardous Substance. "Hazardous
substance" means one having the potential for an immediate
disaster, such as; but not limited to, gasoline, fuel oil,
butane, propane, chemicals, or chlorine, and natural gas
,. transported at pressures, greater than 60 psi.
4 13.04.090. Height. "Height" means that dimension
measured from the level surface upon which the vehicle
stands to the highest protrusion in a vertical line.
13.04.100. Highway. "Highway" means any public
highway, public street, public way or pu'b'lic place in the
City, either owned by the City or dedicated to the public.
The term includes all or -any _part of.the entire width of
right-of-way; and above and below the same, whether or not
such entire area is actually used for highway purposes.
13.04.120. Moving Contractor. "Moving contrac-
tor" means any person who aMr himself or herself or for
another, moves or causes to be moved any load over, upon,
along or across any highway.
13.04.130. Native Soil. "Native soil" means the
.compacted native material.
13.04.140. News Rack. "News rack" means any
self-service or coin-operated box, container, storage unit
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or other dispenser installed, used or maintained for the
display and sale of•newspapers 'o :_news -periodicals.
13.04.160. Overhead Structure. "Overhead
structure" means any structure other than franchise utility
poles and their facilities extending over the dedicated
portion of a highway, including canopies but excluding such
projections from buildings as are enumerated in the
"Building Code," for the City.
13.04.170. Pavement. "Pavement" means the
surfaced portion of the highway which is composed of various
size aggregates mixed with portland cement or asphaltic
compounds or both.
13.04.200. Roadway. "Roadway" means that portion
of a highway improved, designed or ordinarily used for
vehicular travel.
13.04.250. Width. "Width" means that dimension
measured at right angles to the anterior-posterior axis of
the.conveyance upon which the load or portion thereof is, or
is to be, loaded or moved, or to the median line of the
highway over which the same is being or is to be moved.
Chapter 13.06
GENERAL REGULATIONS
13.06.010. Permit -- Prerequisite to Commencement
of Certain Work.
A. Every person, except as otherwise provided in
this Division 1, is required to obtain a permit from the
Director before
1. Moving or causing to be moved over, along
or across any highway any load or vehicle for which the
Vehicle Code for the State of California requires that a
permit issue;
2. Making or causing to be made any excava-
tion or encroachment in any highway;
3. Placing, changing, renewing or abandoning
a facility or encroachment;
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Pomp -
4. Placing, constructing or repairing any
curb, gutter;' sidewalk; driveways pavement, base course,
retaining wall, storm drain, culvert, or other work of
similar nature in, over, along,. across. -or through any
highway;
5. Constructing, reconstructing or repairing
any highway light or highway lighting system in any highway
or in any privately owned thoroughfare which is open to
public travel; this subsection does not apply if any agree-
ment with -the City exists .... for -the construction,'reconstruc-
tion or maintenance of such installation;
6. Constructing, reconstructing, repairing
or maintaining any overhead structure or other appurtenant
facility;
7. Placing or leaving any impediment to
travel upon any highway.
B. Any person who does any of the acts specified
in this section, without, the authority of such a permit, is
guilty of a misdemeanor.
13.06.020. Commencement of Work Without Permit
Permit Required. Any person who shall commence any work for
which a permit is required by this Division 1 without first
having obtained a permit therefor shall stop work and apply
for such permit.
13.06.030. Permit -- Conditions of Granting.
Every permit issued under this Division 1 -shall be granted
subject to the right of the City or any other person to use
that part of the highway for any purpose for which the
highway may lawfully be used.
13.06.040. Permit -- Availability for Inspec-
tion. The permittee shall make the permit available for
inspection by the Director or by any peace officer or other
person having responsibility for safety or maintenance of
the highway. Each permit for moving must be in or on the
vehicle or combination of vehicles to which it refers.
13.06.050. Permit -- Cancellation when Work not
Commenced Promptly. The Director may cancel a permit unless
the activity permitted is commenced within the time speci-
fied and is diligently acted upon to completion.
13.06.060. Work -- Com liance with Regulations
and Code Provisions Required. Every person who commences
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any activity or work_regulated by this Division 1 must
comply::with the provisions of,,this;Divi :ion 1, the
provisions made part of any permit, and -the provisions and
specifications of all applicable laws.
13.06.070. Work -- Sta
ation _
Public Works and Other Specifications ApipliEiSle. All work
shall be performed in accordance with the Standard Specific-
ations for Public Works Construction, or according to the
plans and specifications referred to in the permit and, in
addition., to.any special requirements and specifications
which
are -made a part of the permit. In case of conflict
between two specifications, the more stringent specification
shall apply.
13.06.080. Work -- Safeguarding, Restoration,
Completion and Cleanup. Every person who commences any
activity or work regulated by this Division 1 shall safe-
guard and complete the activity or work within a reasonable
time. Any part of the highway facility of any nature
removed or disturbed shall be repaired, restored and
replaced in a condition satisfactory to the Director. All
surplus material of any kind shall be removed from the
highway.
13.06.090. Work -- Warning Signs, Lights -and
Barricades -- Requirements. Any person engaged in
performing,.work regulated_by this Division 1 which inter-
feres with the safe movement of traffic shall be responsible
to have the work safeguarded by adequate warning signs,
barricades, lights and devices during all periods of his
Activity, including but 'hot limited to periods of twilight,
nighttime, fog or rain. All warning signs, barriers,
barricades, flags and other devices shall comply with or
exceed the standards required by the Vehicle Code of the
State of California.
13.06.110. Facilities within Highways -- Work
Restrictions Generally. The permitteshall in
e vestigate and
be aware of all existing facilities lawfully within the
highways which are within the limits of the permittee's
activity. The permittee shall not interfere with any
existing public or private facility without the consent of
its owner.
13.06.120. Facilities within Highways -- Costs of
Work Borne by Permittee -- Exceptions. The cost of
locating, exposing, moving or relocating publicly and
privately owned facilities shall be borne by the permittee,
unless the permittee makes other arrangements with the owner
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of the facility or the owner is required by franchise or
agreement, to -relocate Tthe efacili.ty.
13.06.130. Facilities within Highways --
Protection -- Repair of Damages. The permittee shall
support and protect all facilities by a method satisfactory
to -the owner. The owner has the right to support or protect
facilities at ,the sole expense of the permittee. In case
any.facilities should be damaged (and for.this purpose, pipe
coating or.other.erica-sement of devices should be considered
a.s_par.t of -.a structure)-,.. they may be repair -ed by.the owner
at _the :expense of.the permittee or, if authorized by the
owner; -may be repaired:by the permittee under the supervi-
sion _of. the owner. The expense of repairs to any damaged
facilities shall be borne by the permittee.
13.06.140: _Facilities within Highways --
Underground Facilities and Excavations. Except in emergency
work to protect the public and property, any permittee
proposing to excavate in any highway shall make a search of
available records of underground facilities and shall notify
owners.or operators known to have such facilities in the
vicinity of the proposed excavation by telephone or other
acceptable means of communications at least 48 hours prior
to the proposed excavation, exclusive of weekends or legal
holidays. Any person receiving notice pursuant to this
Division 1 shall, not less than one working day in advance
of proposed construction unless otherwise agreed between
said person and permittee, inform the permittee of or field
mark the location of any underground facility in the
proposed area of excavation.
13.06.150. Facilities within Highways --
Pipelines Carrying Hazardous Substances -- Location
A. Any permittee, prior to making any excavation
within the construction area where a pipeline known to carry
a hazardous substance exists, shall not excavate until the
pipeline has been located by potholing or other proven
acceptable methods at intervals sufficient to determine its
exact location. The permittee shall arrange with the owner
to locate or expose private and public facilities.
Abandoned or inoperative pipelines designed to carry
hazardous substances shall be considered as carrying a
hazardous substance until determined otherwise by owner.
B. In no case shall the
potholes or the location by proven
the distance set forth as follows:
MC
intervals between
acceptable methods exceed
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1. Excavations for Highway Construction.
LT.he,-pipeline shall:be located at intervals not greater than
25 feet for lines less than eight inches in diameter, 50
feet for lines of eight inches through 24 inches in
diameter, and 200 feet for lines greater than 24 inches in
diameter.
:.. 2. Trench Excavation.
_ -Longitudinal Pipelines. All longi-
tud: nal pipelines- in=the construction area of'the 'highway
shall be located at intervals not greater than 500 feet. If
.determined -to be within -six feet of the excavation, it shall
be:further located at An—tervals not greater than 25 feet for
lines less than eight inches in diameter, 50 feet for lines
of eight inches through 24 inches in diameter, and 100 feet
for lines greater than 24 inches in diameter.
b. Transverse Pipelines. If the location
of the pipeline is above or less than six inches below the
-facility being installed, it shall be carefully hand -tool
exposed before excavating. If its location is six inches or
more below the facility, it need only be located.
13.06.160. Facilities within Highways --
Pipelines Carrying Hazardous Substances -- Excavation
Restrictions.
A. After -it is determined that the horizontal or
vertical clearance between the pipeline known to carry
hazardous substances and the construction limits is less
than 12 inches (18 inches if scarifying), -the permittee
shall confer with the owner. Unless the owner elects to
relocate, abandon or take the pipeline out of service, the
permittee shall not excavate until the pipeline has been
completely hand -tool exposed within the limits of
construction.
B. Once the physical location of pipelines known
to carry hazardous substances has been determined, as above
described, the permittee doing the excavating, in coopera-
tion with and with the concurrence of the owner, shall
determine how to protect the pipeline from damage before
proceeding to work.
13.06.170.
When Unidentified U
excavating in the h
Facilities within
sties are Located.
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owner, if known, whenever previously unidentified or unknown
utilities or underground -facilities axe'ae-ncountered =-
13.06.180. Facilities within -Highways -- Movin
Contractors and Utility Facilities. No moving contractor,
shall interfere in any manner with property of a public
utility.
13.06.190. Facilities within Highways -
Liabilfity for Damage or Injury --Insurance. The permittee
sfiall deend-and-save=harmless-the City, -its -officers;
agents,'and-employees of -and from any and all liability or .
responsibility for any property damage or loss, or injury or
death "to -any person arising out of or occurring.as the
proximate results of any of the work undertaken. Permittee
shall have the appropriate insurance and file a certificate
of insurance with the Director as evidence thereof.
13.06.200. Restoration of Highway Surface.
A. Upon completion of the permittee's activity,
the Director, at the Director's option, may require the
permittee to restore that portion of the highway facilities
damaged by the permittee's activity, or the Director may
elect to do such restoration-,.4t.-permittee's expense, as
provided_in this Division 1.
B. Where the pavement or surface has been
removed, the permittee shall replace it to a thickness one
inch -greater than that of the surrounding pavement or
surface, and in no event to a thickness_ess than two
inches.
C. The base course removed shall be replaced to
the same thickness as that of the surrounding base course.
D. When the street surface has been treated with
a seal or slurry prior to the work under permit, the seal or
slurry shall be replaced upon the portion repaired.
E. When the structural section removed varies
from or exceeds the average existing section, the Director
may elect to require the replacement of an equivalent
section which would meet the average structural section
requirements.
13.06.220. ._Inspection or Tests -- Obstruction
Prohibited. A person shall not obstruct the Director in
making any inspection, taking any sample or in making any
test pursuant to this Division 1.
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13.06.230.- Failure to Comply with Regulations --
Ci. to perform Work: When --.Costs. =When paving, excavated
material, barricades, lights or other devices are not
properly placed or maintained; when the work started is not
completed; when the work does not comply with the specific-
ations -or -any -special requirement; when the person fails or
refuses to remove any obstruction; when any highway facility
has been damaged and the person fails or refuses to repair
or restore; then the Director may cause such to be placed,
erected, completed, repaired, restored, removed or main-
tained ,:The person -shall pay any and all costs to the City.
13.06.240. --Highway Closure or Use Restriction
Authorized When. The Director may restrict the use of, or
temporarily close, any City highway whenever such closing or
restriction of use is deemed necessary:
A. For the protection of the public;
B. For the protection of such city highway from
damage during storms
C. During construction, improvement or
maintenance operations thereon.
Chapter 13.08
PERMITS -- APPLICATION AND ISSUANCE CONDITIONS
13.08.010. Application -- Form. Application for
a permit shall be made in writing to the 'Director, on a form
provided by the Director'. -
13.08.030. P" lication -- Liability Statement
Required. On each application the applicant or agent shall
sign a statement that agreeing to preserve, defend and save
harmless the City and each officer and employee from any
liability or responsibility for any accident, loss or damage
to persons or property happening or occurring as a result of
activities pursuant to the permit.
13.08.040. Application -- Chan es and Additions
Authorized When. The Director may make such changes or
additions in any application for a permit as deemed
necessary for the protection of the highways, for the
prevention of undue interference with traffic, for the
safety of persons using such highways, as to the route over
which to move any overheight, width, length or weight load;
as to the location, depth, dimensions, character and number
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of excavations; as to encroachments made or placed; and as
to_other„permi.ts issued--parsuant.to this.Division 1... .
13.08.050. Additional Requirements for Work
Authorized when -- Violat�.ons. The Director may establish
additional requirements for the work to be done under the
permit, including equipment to be used, type of backfill,
compaction, -.paving, traffic regulations, hours of work,
flagmen, lights, inspection, and other similar require-
ments.' The Director.may also require whatever advance
notice proper for requests.for..inspection. The Director may
add these requirements and conditions to the permit 'and
they shall be an integral part thereof. If any of the
requirements,of the.perirrit-are-violated, the Director may
revoke the -permit and require that a new permit be secured
before further work is done.
13.08.060. Relocation of Facilities or
Plantings -- Procedures and Costs.. The Director may require
the permittee to make proper arrangements for and bear the
cost of the relocation of any structure, publicly owned
facility, tree or shrub where such relocation is made neces-
sary by the proposed work for which a permit is issued. The
Director may elect to do the necessary relocation at the
permittee's expense.
13.08.070. Overhead Structures or Encroachments.
The Director-may,require that evidence be submitted with the
application to satisfy the Director that the proposed over-
head structure or encroachment will not create a hazard of
any kind.
13.08.080.Application -- Issuance Conditions.
If the applicant complies with every applicable provision of
this Division I and all applicable provisions of all other
ordinances and statutes, the Director may issue to the
applicant a written permit to perform the work set forth in
the application. The Director may refuse to issue a permit
if the Director finds that it is not in the best interest of
the general public to do so.
13.08.090. Blanket Permits. Blanket permits,
renewable annually, may be issued subject to the compliance
with all applicable provisions of this Division 1. The
Director may revoke any such blanket permit if the permittee
fails to comply with any of the provisions of this
Division 1. The issuance of a blanket permit does not
relieve the permittee from making such reports of activity
under the blanket permit as may be required by the Director
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le "
and for paying for inspection, repairs and other costs
incurred by the Director due to the permittee's activity.
13.08.100. Permits -- Not Transferable. Permits
issued under the. -authority of this Division 1 are nontrans-
ferable.
13.08.110. 7tiermits -- Period of Validity to be
Specified -- Extension. Each permit shall specify the time
the permit shall -become null and void and the permit shall
become null and void on the date so specified unless the
Director extends the time. The Director may extend the time
if, the work for which the permit was issued was delayed
because of inciemerit weather, -labor-strikes, or other causes
not within the control of the permittee.
13.08.120. Permits -- Denial or Revocation
Conditions -- Assessment District Work. The Director may
refuse to issue. -permits or may revoke any outstanding
permits, or any portion of a permit, when the work has not
been started, when the work authorized by the permits, or
any portion, is included in the proposed work to be done by
any proposed assessment district for which proceedings have
been instituted by the Council.
13.08.130. Permits -- Removal from Location or
' Cancellation Conditions. The Director, for cause, as
provided in this Division 1, may cancel the privilege
granted -by the permit and may remove the permit from the job
location.
Chapter 13.10
FEES AND CHARGES
13.10.010. Issuance FeeRequired. All persons,
except as otherwise specified in this Division 1, shall pay
an issuance fee and all other costs and charges as estab-
lished for the work covered in this Division 1.
13.10.020. Issuance Fee -- Established by
Council. The issuance fee shall be established by order of
the Council. The fee shall not exceed the amount determined
by the Council to be sufficient to defray the cost of
handling. In the absence of any such order, the issuance
fee shall be $25.00.
13.10.040. Issuance Fee -- Agencies Exempt from
Payment. The following shall be exempt from paying the
issuance fee: the United States, the State of California,
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the County of Los Angeles, any department of this City, any
school-, district, and- any special district organized under
state law.
13.10.050. Issuance Fee-- Exemption for Public
Works. The Director may grant a permit without issuance fee
if the Director finds that the work to be done has been
requested by the City in connection with proposed public
works, -
13.10,070. -Engineering and Ins ection Charges for
Curb, -Gutter, Sidewalk and Highway Surface. The Director
shall not charge for any engineering or inspection on
permits -for the construction of curbs, gutters, walks and
highway surfaces except when the construction of curbs,
gutters, walks and highway surfaces is in connection with
subdivision activity or is directly for private interests
where the public is not benefited.
13.10.100. Costs Related to Permit --Permittee
Liability. The permittee is liable for and shall pay for
all the Director's costs related to the permit, including
but not restricted to the following:
A. The permit issuance fee if that has not
otherwise been paid;
B; Engineering, which includes design,
inspection, survey and tests;
C. The cost of any inspection, transportation, or
test made;
D. The cost of repairing or restoring the high-
ways and all appurtenant facilities to the same or equal
condition that they were in before being cut or damaged as a
result of the permittee's activities,
E. The cost of furnishing, maintaining any
lights, barricades or warning devices;
F. The cost of alteration, removal, replacement
and/or repair to traffic signals and devices, the removal of
temporary and/or permanent traffic stripes, and any other
expense for traffic control;
G. The cost of removing or remedying any
hazardous condition;
H. The cost of tree trimming;
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I. Any other cost to the City caused by the
permittees -activity. _..
13.10.150. Highway Surface Repairs -- Computation
of Costs. _..... ..
A. The Director's costs of repairing and
restoring the highway surface may be charged to a permittee
on the square -foot -thickness method or an actual -cost basis.
B. Under the---square.-foat=thick.ness:-method,__the:___
char-ge--shall be -=-computed as -follows; _.-The square feet of
surface repaired, multiplied by the number of inches of
depth -plus one `inch multiplied by the rate set by order of
the council. In the absence of such an order, the rate
shall be $.10 per square foot, and the cost in any case
shall be presumed to be not less than $5.00.
13.10.160. Failure to Comply with Permit
Conditions - Revocation of Privile a --.Hi hway.Restoration
Requirements. Whenever a permittee fails to comply with th
conditions established for the exercise of a privilege
granted under a permit, the Director may revoke the privil-
ege. Upon such revocation, the permittee shall immediately
restore the highway to the Director's satisfaction. If the
permittee fails to do so, the Director may restore the
highway at the expense of the permittee or charge the
permittee a fee of $200.00 a day for each day of failure to
restore the highway.
Chapter 13.12
DEPOSITS AND SURETIES
13.12.010. Cash Deposit or Other Security
Required -- Exceptions.
A. Every applicant for a permit, unless exempt by
law, other than the United States, this state, Los Angeles
County, this City, or any special district, shall be
required to provide a cash deposit or other adequate
security to guarantee payment of charges due under this
Division 1. The amount of the deposit or security shall be
sufficient to recover all costs of any nature which the
Director will incur if the permittee does not fulfill permit
requirements.
�.. B. A cash deposit or other adequate security is
not required in the case of construction under contract with
the City where a faithful performance bond is posted or
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other surety is deposited and assigned to the City which
guarantees -to the City the repair of the highway, including
construction financed in whole or in part by special
assessments.
Chapter 13.14
BILLINGS, COLLECTIONS AND REFUNDS
13.14.010. Billing for All Char eable Fees and
Costs. The Director�shall.bill:the permittee or_deduct_from
the deposit made::or maintained by the permittee for all fees
and_costs_chargeable..under this Division..l.
13.14.020. Late Payment -- Deduction from Deposit
or Security -- Collection by Legal Means When. If, within
30 days after a bill has been sent, the permittee does not
pay in full, such amount may be deducted from the general
deposit, or the Director may recover the amount due from any
security the permittee has filed under Chapter 13.12. If
the deposit or security is insufficient to pay the amount
dae,_the City may enforce collection by any legal means.
.. 13.14.040. AdditionalRepairs to Highway
Surfaces -- Costs Charges to Permittee When. If at any time
subsequent to the first repair of a surface of a highway
damaged or destroyed.by any excavation, encroachment or
moving operation in such highway it becomes necessary again
to repair such surface due to settlement or any other cause
directly attributable to such excavation, encroachment or
moving operation, the permittee shall pay to the Director
the cost of such additional repair; provided, however, that
the Director shall have the option of either making the
repair or requiring the permittee to make the repair.
13.14.050. Unpaid Bills -- Remedies. The
Director may elect not to issue further permits to the
permittee and may hold any deposits, guarantees, or bonds of
the permittee as long as any bill remains unpaid.
Chapter 13.16
CONSTRUCTION WORK
13.16. 010. Applicability of Chapter Provisions.
The provisions of this chapter apply to permits for the
laying, constructing, reconstructing or repairing of curbs,
sidewalks, gutters, driveways, highway surfaces, retaining
walls, storm drains, culverts, highway lights or lighting
system, or other appurtenant structures.
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13.16.020. .. Plans Prepared by Engineer Required
W_hen., If, -in _the opinron ofr:the Di -rector, the work. proposed
to be done requires the making of plans -or the setting of
,stakes, or both, the Director may require the application be
accompanied by the necessary plans, which plans shall be
prepared by a competent engineer within the appropriate
discipline.
13.16.030. Lines and Grades for Performance of
Work. Before a permittee performs any work covered by this
chapter the permitt:ee_shali.obtain-approval .from the_ -. .
Director of the lines.and..g:rades.
13.16.040. Driveways -- Concrete Construction
Required When. Driveways shall be constructed of cement
concrete where a cement concrete curb exists.
13.16.050. Driveways -- Location Restrictions. A
driveway shall not be constructed or maintained where
fences, buildings, natural grade or any other obstacle will
prevent a vehicle from being stored entirely off the public
right-of-way after entering such driveway.
13.16.060. Driveways -- WidthSpecifications.
The width of an individual driveway shall be calculated as,
the neE-wdth- exclusive of side slopes and returns,
measured along the line of the curb or centerline of the
b,ighway.-.The.width of -An individual driveway shall be not
less than 10 feet and shall not exceed in width:
A. 20 feet if, the driveway serves only residences
or apartments;
B. 20 feet for lots or parcels of land less than
100 feet wide;
C. 30 feet or 20 percent of the front frontage of
the lot or parcel of land, whichever is greater, but not to
exceed 60 feet,. when the driveway serves other than
residences or apartments on a lot or parcel of land not less
than 100 feet wide.
13.16.070. Driveways -- Aggregate Width Limita-
tions. The aggregate width of the total number of driveways
serving any single lot or parcel of land from any one high-
way shall not exceed:
A. 40 percent of the frontage, if the driveway
serves only residences or apartments;
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m+r
B. 60 percent of the frontage in other cases.
13.36-.080. Driveways - Minimum Intervenin
Distance. The minimum intervening distance between the side
slopes or returns of adjacent driveways serving the same lot
or parcel shall be 22 feet. In the case of adjacent drive-
ways serving two adjoining lots or parcels, the intervening
distance between the side slopes or returns shall be at
least one foot; otherwise, a common or continuous driveway
will be .required.
13.16.090. Driveways - Prohibited in Certain
Locations.
A. A driveway, including the side slopes, shall
not be constructed:
1. Between the prolonged intersecting
property lines of any highways; or
2. Between the points of curvature of any
curb return having a radius of 20 feet or less.
�. B. In applying the provisions of this section,
the condition producing the greater length of curb between
the specified control points in the particular case shall
govern.
13.1.6.100.- Driveways -- In Curb Return
Curvature -- Limitations.
A. A driveway, including the side slopes, shall
not be constructed between the points of curvature of any
curb return.
13.16.110. Driveways -- Deviation from Require-
ments Authorized When. Where topographical or traffic
conditions are such that'a modification of the provisions of
Sections 13.13.040 through 13.13.100 are necessary for the
promotion of traffic safety, and the Director so finds, the
Director may permit a deviation from the provisions of such
sections to the extent necessary.
13.16.120. Certificate of Acceptance for
Completed Work. If the Director, by survey or by inspec-
tion, or both, ascertains that the work has been completed
according to the requirements of the permit issued, and of
all the provisions of this Division 1, the Director shall
issue, if requested so to do by the permittee, a certificate
of acceptance which shall contain a statement of the
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location, nature, and extent of the work performed under the
permit.
- Chapter 13.18
EXCAVATIONS AND ENCROACHMENTS
13:18:010 Applicability of Chapter 13.18
Provisions. The provisions of this chapter apply to permits
for the making,, or causing to be made, in any highway, of
excavations, and for the placing, constructing, testing,
repairing, changing, monitoring, removing or abandoning of
facilities or encroachments:
13.18.030. Excavation or Encroachment Permit --
Plat Filing Required wieth Application When -- Contents.
Each applicant for anxcavation or encroachment permit
shall file with the application a plat showing the highways
in which the proposed excavation, facility or encroachment
will be placed, together with the exact location and dimen-
sions of the proposed excavations, or the specifications and
characteristics of the facility or encroachment, together
with any other details which the Director requires. When
excavations are made for service connections or for the
location of trouble in conduits, cable or pipe, or for
making repairs thereto, the Director may waive the filing of
a plat. Approved plats shall become public records.
13.18.040. Underground Pipelines - Minimum Depth
of Cover. .Except as provided in Section 13.18.041, the
following"'minimum depths of cover below eXisting finished or
proposed gutter grade shall be required for all underground
pipelines within the roadway area:
A. Local Streets.
24 inches for service pipelines;
30 inches for all pipelines transporting
non -hazardous substances; 30 inches for
electrical facilities;
42 inches for all pipelines transporting
hazardous substances as defined in
Section 13.04.080.
B. Master Plan Highways.
24 inches for service pipelines;
36 inches for pipelines transporting non-
hazardous substances; 42 inches for
electrical facilities;
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42 inches for pipelines transporting
hazardous substances, as defined in
Section 13.04.080.
13.18.041. Underground Cable TV and Telephone
Conduits in Systems Designed Pursuant to Special Require-
ments of the Director. A minimum depth of cover of 18
inches below existing or proposed edge of gutter grade shall
isa permitted for cable TV and telephone conduits designed
pursuant t.o special -requirements of the Director, and to be
placed in existing roadways as follows:
A. Mainline cable conduit in a four -to -five -inch -
wide trench located adjacent to the concrete gutter (three
from the edge of curb if no gutter exists);
B. Service cable conduits crossing the roadway
from the main line to serve users on the opposite side of
local streets when installed by an acceptable boring method.
13.18.050. Pipelines Carry in Hazardous
Substances -- Pressure Tests Specifications.
n-, A. After initial installation under this Division
' 1 of any pipeline used or to be used to carry toxic, corro-
sive or flammable liquids, such pipeline shall be subject to
a hydrostatic pressure test as provided herein before it is
placed in operation. The duration of the hydrostatic test
for this purpose shall not'be less than 24 hours.
B. After repair or replacement of any pipeline
used or to be used to carry toxic, corrosive or flammable
liquids, made necessary to repair leaks or breaks, or
replacements made necessary for changes required by improve-
ments within the roadway, the affected portion of the
pipeline shall be subjected to a hydrostatic pressure test
as provided herein before placing in operation. The
duration of the hydrostatic test for this purpose shall be
not less than 24 hours. However, no such test is required
for a minor repair which does not require removal of the
pipeline from operation. If the affected section is
isolated and tested hydrostatically, pressure test of the
tie-in welds is not required; however, tie-in welds shall be
examined by radiographic means.
C. No pipeline subject to this Division I used or
to be used to carry toxic, corrosive or flammable liquids
�., and over 10 years of age shall be operated beyond the
successive ensuing 12 -month period of time unless retested
annually by a hydrostatic pressure test or other test means
4
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acceptable to the Director. The duration of the periodic
test for this purpose -shall not..be less than four hours.
D. Each pressure test, either initial or retest,
shall be in accordance with the American National Standard
Institute's Code for Pressure Piping, Liquid Petroleum
Transportation Piping Systems (ANSI B 31.4) in its latest
rev"ision -The D.rector may authorize the use of a liquid
petroleum that does not vaporize rapidly (i.e., flash point
over 1:50 degrees Fahrenheit or 66 degrees Centigrade) as a
test medium. :Pressure testsafterinitial installation of
pipelines and before they are placed in operation shall show
no unexplained loss. Annual or retest pressure tests shall
not show an hourly loss, for each section of the pipeline
under test at the time, in excess of either 10 gallons, or
the sum of one gallon and an amount computed at a rate in
gallons per mile equivalent to one-tenth of the nominal
internal diameter of the pipe.
E. The Director may grant administrative waiver
or other relief to an owner or operator under this
Division 1 as to the periodic pressure- testing of any
pipelines as herein provided if owner or operator can
demonstrate that such testing will cause the unreasonable
unscheduled shutdown of plants, terminals, refineries or
other facilities of which such pipelines constitute an
integral part.
F. In addition to the foregoing requirements, any
pipeline authorized by this Division 1 and subject to
pressure testing shall be subjected to a pressure test by
the owner or operator at'any time as may be required by the
Director in the.interest of public safety.
G. Within 30 days after completion of any test
made pursuant to the provisions of this Division 1, the
owner or operator shall submit a certified report of such
text for the Director's review. The report shall show the
date of test, description of portion of pipeline tested
(identified with respect to City highways), and the test
data. The report shall be sufficient in detail to permit
analysis of test results and determination of compliance
with the applicable provisions of the ordinance codified in
this division or any other applicable ordinance, rule or
regulation. The report shall also contain any other test
information as may be specifically requested by the
Director.
13.18.060. Pipeline System -- Block Valves
Required Where. Block valves shall be installed on each new
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main at locations along the pipeline system to minimize
damage from accidental -product discharge- Block valves
location shall be determined by the Director as appropriate
for the terrain and the population density of the area.
13.18.070. Pipelines Carrying Hazardous
Substances -- Cathodic Protection System Required --
Specifications. As provided in the American National
Standard Institute's P Code for Pressure Piping, Liquid
Petroleum Trans ortation Piping Systems (ANSI B 31.4) in its
latest revision, a cathodic protection system shall be
installed for all new ferrous pipelines used to carry toxic,
corrosive or flammable substances other than utility gases
in order to mitigate -corrosion deterioration that might
result in structural failure. The cathodic protection
system for all new ferrous pipelines carrying utility gases
shall be installed in accordance with General Order
No. 112-C of the Public Utilities Commission of the state of
California. A test procedure shall be developed by the
owner or operator to determine whether adequate cathodic
protection has been achieved and submitted to the Director
for approval. Reports of cathodic protection evaluation in
accordance with such approved procedure shall be made
available annually for review by the Director.
13.18.080. Pipelines Carrying Hazardous
Substances -- Emeraenev Plan Rartniromonl-c_
A. Each owner or operator of a pipeline used or
to be used to convey toxic, corrosive or flammable liquids
shall have a written emergency plan approved and on file
with the Fire Department. The plan shall be in accordance
with the American National Standard Institute's Code for
Pressure Piping, Liquid Petroleum Transportation Piping
Systems (ANSI B 31.4) in its latest revision.
B. The plan shall include but not be limited to
the following elements:
1. A "liaison" element for intercommunica-
tions between public agencies and pipeline owners or
operators to provide for prompt coordinated remedial action,
and the dissemination of information as to the location and
ownership identification of pipelines based on the best
available records and plans;
2. A "spill contingency" element to limit
the extent of accidental product discharge by which pipeline
owners or operators shall involve themselves in a coopera-
tive pipeline leak notification emergency action system;
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-.- 3. A "leak detection" element by which the
gipeline:`oowners:or:operators can:monitoz..the flow of their
product and can divert, reduce or stop -the flow of said
product at the first indication of a product leak;
4. A "first -on -the -scene emergency
containment" element,. in .cooperation with other pipeline
_
owners or operators, to be utilized until arrival of the
affected pipeline owner's or operator's personnel. "First -
on -the -scene" costs.shall be borne by the owner or operator
of..the facility., and,. -shall. 'be reimbursed to..the organization
effecting the emergency containment.
13.18.090. Completion of Work -- Restoration of
Area Required. Immediately upon completion of the work
necessitating the excavation, facility or encroachment
permitted by any permit issued, the permittee shall promptly
and in a workmanlike manner restore the area affected by his
activity to a condition satisfactory to the Director.
13.18.100. Completion of Work -- Method of
Refilling Excavations: A permittee shall refill an
excavation in the manner which is satisfactory to the
Director and is most effective to accomplish thorough
consolidation and enable the highway to be restored to a
condition equivalent to that in which it was prior to the
excavation.
13.18.110. ``Completion of Work -- Notice to
Director - As -Built Plat Required When. Upon completion of
the refilling of the excavation, or completion of the cut or
fill,.the permittee shall so notify the Director in writing
on a form prescribed by the Director whenever a plat was
required by Section 13.18.030 and there were substantial
deviations approved during the work from the dimensions or
locations as shown on the plat, the permittee shall transmit
to the Director a concise "as -built plat" upon completion of
his work, showing the accurate location, depth and size of
the facility or encroachment so laid, removed or abandoned.
13.18.120. Relocation of Facilities or
Encroachments --
Every
application snail contain a statement, signed by the
applicant, that if any facility or encroachment placed in
the excavation or the facility or encroachment for which a
permit is issued interferes with the future use of the
highway by the general public, then the applicant and
successors or assigns will remove or relocate to a location
satisfactory to the Director such facility or encroach-
ment. The statement signed by the applicant will not apply
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in cases when the applicant has an easement superior to the
chLghway ea-sement at,:the=time of application and can furnish
evidence when required of the superior easement.
13.18.130. Obtaining Permit Next Business Day
Permitted When. Nothing in this Division I prohibits any
.person from maintaining by virtue of any law, ordinance or
permit, any facility or encroachment in any highway, or from
making the excavation as may be necessary for the preserva-
tion.of_life or. proper-ty if the person making such excava-
tion.:applies_for a..permit not later -than thenextbusiness
day. .:
13.18.140. Utility Lines -- Undergroundin
all
Required When. The Director shall require lines to be
placed underground .in highways when all power and telephone
lines are underground, and shall also require underground
installation in all instances except where the applicant
provides satisfactory proof of permission to use existing
pole lines or where the Director finds that the remoteness
of the area or other conditions render underground instal-
latl an impractical_, or infeasible.
,. 13.18.150. Director Authorized to Establish Other
Requirements. _The -Director may establish such requirements
as the Director may find necessary to apply to the work to
be done by any person in order to prevent interference with .
users of the highway and with holders of other permits.
13.18.160. Abandonment or Removal of Facilities
or fncroachments -- Specifications.
A. Each applicant for a permit to abandon in
place or remove any facility or encroachment in the highway
shall do so under terms and conditions prescribed by the
Director. The permit application shall include a plat or
other suitable means describing the facility or encroachment
to be abandoned or removed, and indicating its exact loca-
tion. Permission to abandon a facility or encroachment
without removing shall be subject to removal within one year
after the effective date of the abandonment if the facility
or encroachment may interfere with a present or future
public improvement. If it is determined that the facility
or encroachment should be removed, the permittee or its
successor in interest shall remove it at its expense or pay
the City for the cost of such removal. The Permittee shall
leave any abandoned facility or encroachment in a safe
condition.
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7
B. In addition to the foregoing, abandonment in
place"of=a pipeline used'to convey toxic; corrosive or flamm-
able liquids will be subject to the following requirements:
1. The pipeline shall be thoroughly purged
of liquids and vapors and filled with an inert material that
will remain in -a solid or semisolid state if any portion of
the pipeline is cut or removed in the future.
2. -The permittee shall file a certificate
with the--Director-that--said requirements have been complied
with and the abandoned pipeline has been left in a safe
condition.
Chapter 13.22
MOVING PERMITS
13.22.020. Moving Permit - and BuildingPermit.
In all cases where the Building Code requires a person
proposing to move any building or structure to obtain a
building permit,' the Director shall not grant a permit to
move such building or structure until the applicant
furnishes to the Director evidence that such owner has
A.btained.the building permit.
13.22.030. Moving Permit - Issuance Conditions
for Overweight -Loads. 'The Director shall not issue a permit
to move any load when the weight of load, plus the weight of
the vehicle or other equipment,,exceeds the weight permitted
bby the
Vehicle
Code ofithe State of California, except that
if tappears tector that the size, shape or
physical characteristics of the load, or portion thereof to
be moved make it impossible or impracticable to keep within
such weight limits, the Director may issue a permit to move
a load on a vehicle every wheel of which is equipped with
pneumatic tires where the Director has determined that such
movement will not cause injury to highways, bridges or
appurtenances.
13.22.040. Moving Permit - Director's Authority
to Issue and Set Conditions. The Director is authorized to
issue or withhold the permit at the Director's discretion,
or, if the permit is issued, to limit the number of trips,
or to establish seasonal or other time limitations within
which the vehicle or vehicles described may be operated on
the highways indicated, or otherwise to limit or prescribe
conditions of operation of the vehicle when necessary to
assure against undue interference with traffic or damage to
the road foundations, surfaces or structures, and may
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require the undertaking of other security measures as may be
deemed necessary to protect the-highways.
and bridges from -
injury, or to provide indemnity for any -injury resulting
from the operation of the vehicle.
13.22.070. Copy of Permit Required on each Part
of Shipment. If abuilding_or structure is moved in more
than one section, and more than one of such sections is
moved at the same time, the moving contractor shall affix
and maintain at all times in conspicuous places on each
section -on wh;eh_the_,original,permit is, not affixed;,t:rue
copies of such: permit,
13.22.080. Restoration of Highway. ighwy. At the
completion of the activity pursuant to this chapter, the
Director may require restoration of the highway, as provided
in Section 13.06.200 and may collect costs as provided in
Chapter 13.14 and as otherwise provided in this Code.
Chapter 13.24
NEWS RACKS
13.24.005. Existing News Racks. News racks
lawfully in place at the adoption of this Ordinance shall be
permitted to remain in place under the law applicable prior
to this Ordinance until such time as (1) one year from the
effective date of this" -Ordinance; of (2) the-_date"'"the"permit
upon which--the"-existing news rack is in place has expired,
which ever first occurs. At such occurrence, the placement
of such news rack shall comply with all provisions of this
Chapter.
13.24.010. Permit -- Required. No person shall
place or maintain a news rack on or projecting onto a
highway unless and until a news rack permit has been
obtained from the City Manager for each and every news rack
placed or maintained.
13.24.020. Permit Application. Upon receipt of
an application, on a form prescribed by the City Manager,
and payment of the appropriate fee, as described in Section
3.24.030, the City Manager shall cause an investigation to
be conducted to determine whether the permit, if granted,
will conform to all provisions of this Chapter.
13.24.030. Fee Required. No application shall be
e-- complete unless accompanied by the fee as established by
resolution of the Council.
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13.24.035. Conditions of Approval. The City
Manager. -may -.impose; as7. pconditions of approval upon: the _
issuance of the permit, such conditions as the City Manager
deems reasonably necessary to insure compliance with this
Chapter.
13.24.040. - Annual Permit. The news rack permit
shall be an annual permit, meaning that it shall be valid
for one year from issuance.
13.24_045.- -Permit-Renewal. _.News rack permits may
berenewedfor periods of one year upon application as
provided in this Chapter and payment of the correct fee as
established by resolution of'the Council.
13.24.050. Identification Reouired on News
Rack. Every news rack permittee shall permanently affix to
each news rack placed or maintained on or projecting over
any portion of the highway:
A. The permittee's name, address, and phone
number as required by Business and Professions Code Section
17570; and
- B. The permittee's permit number.
13.24.060. Location -- Prohibited where Vehicles
are Permitted.-No=person-shall place or maintain any news
racks on any portion of or projecting onto, into or over any
portion of the highway on which vehicles are lawfully
permitted.
13.24.070. Location -- Placement, Maintenance and
Use Prohibited Where.
A. No news rack shall be placed, installed, used
or maintained in the following locations:
1. Within three feet of any marked
crosswalk;
2. Within 15 feet of the curb return of any
unmarked crosswalk;
3. Within three feet of any fire hydrant,
fire call -box, police call -box, or other emergency facility;
4. Within three feet of any driveway;
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TBM/SCHI-CODE 07/17/89
5. Within three feet ahead of and 15 feet to
the.;rear:of, any -signor pavement markings marking a
designated bus stop; measured parallel.. -to the flow of
traffic;
6. Within three feet of any bus bench;
7. At any location where the news rack
causes, creates or constitutes a traffic hazard;
,8...._::At any, location where the news rack
unreasonably obstructs or interferes with access to, or the
use and enjoyment of abutting property;
9. Where the news rack will endanger persons
or property;
10.
interfere with or
vehicular traffic
Where the news rack
obstruct the flow of
on the highway;
will unreasonably
pedestrian or
11. At any location whereby the clear space -
for the passage of pedestrians is reduced to less than three
feet.
B. The provisions of Section 13.08.040 of this
code are hereby made specifically applicable to subsections
_.t ro. .ugal, supra...._ :... _ _
13.24.080, Display of Certain Matter
Prohibited. Publications offered for sale from news racks
placed or maintained on or projecting over the highway shall
not be displayed or exhibited in a manner which exposes to
public view from the highway any -of the following:
A. Any statements or words describing explicit
sexual acts, sexual organs, or excrement where such
statements or words have as their purpose or effect sexual
arousal, gratification or affront;
B. Any picture or illustration of genitals, pubic
hair, perineums, anuses, or anal regions of any person where
such picture or illustration has as its purpose or effect
sexual arousal, gratification or affront;
C. Any picture or illustration depicting explicit
sexual acts where such picture or illustration has as its
.-� purpose or effect sexual arousal, gratification or affront.
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13.24.085. D
`Excluded --- Harmful- Mai -
Where
07/17/89
e not
A. No person shall knowingly display or cause to
be displayed, in any public place where minors are not
excluded, any harmful matter as defined in Section 313 of
the Penal Code unless such matter is displayed in news racks
equipped with devices commonly known as blinder racks
affixed in such a manner that the lower two-thirds of the
matter is not exposed to view.
B. This section shall not apply to news racks
.that are placed or projected upon public highways and which
are subject to the provisions of Section 13.24.080.
13.24.090. Definition of Explicit Sexual Acts.
"Explicit sexual acts," as used in this chapter, means
depictions of sexual intercourse, oral copulation, anal
intercourse,.oral-anal copulation, bestiality, sadism,
masochism, or excretory functions in conjunction with sexual
activity, masturbation, or lewd exhibition of the genitals,
whether any of the above conduct is depicted or described as
being performed alone or between members of the same or
opposite sex or between humans and animals; or other acts of
sexual arousal involving any physical contact with a
person's genital, pubic region, pubic hair, perineum, anus
or anal region.
13.24.100. Impoundment of Racks -- Correction or
Other DisAosal Authorized When..
A. A law enforcement officer or the City Manager
may:
1. Immediately correct any violation of
Section 13.24.070, and without impounding if such correction
can be accomplished simply, easily, quickly and without
expense;
2. Notwithstanding any other provisions of
this Division 1, immediately remove and impound any news
rack in violation of this chapter if the violation is
creating a dangerous or hazardous condition which cannot be
corrected simply, easily, quickly and without expense.
Notice of such action and the right to request a hearing in
accordance with this chapter shall be mailed to the
permittee, or person, if known, maintaining such news rack,
within five working days after such action;
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07/17/89
r -r
3. Notify the,permittee,,..or person, if
known, maintaining a.aetas rack .found in violation of this
chapter, either in person, by telephone or by mail, in their
discretion, and/or by affixing a notice to the news rack,
that unless the violation is corrected or a hearing
requested, within two working days if the notice is in
personorby telephone, within five working days if the
notice is by mail, or within seven working days if the
not -ice is by affixing a notice to the news rack, of the date
of the notice, the news rack will be impounded;
4. - Impound any news rack in accordance with
the decision -of any hearing requested pursuant to this
chapter.
B. If a hearing on the impounding of the news
rack is not timely requested or if the news rack is not
returned in accordance with the provisions of this chapter,
the police or the City Manager may sell or otherwise dispose
of the news rack, and its contents, and deposit the
proceeds, if any, from any such sale or other disposition,
and any moneys contained in said news rack, in the City
treasury.
- ---
-13.24.110. - Return of Impounded News Racks.
A. Unless the news rack and its contents are
being held as evidence in a criminal prosecution, the
permittee or if there is'no known permittee a claimant who
pro.v_des suffici.ent._proof of ownership of an impounded news
rack may, at any time up to and including the thirtieth day
after the impounding, and if a hearing pursuant to this
chapter is held concerning the news rack, may, at any time
up to and including the thirtieth day after the decision at
such hearing becomes final, obtain a return of the news rack
and its contents, upon paying an impound fee of $25.00 plus
the reasonable additional cost, if any, of impounding the
news rack in excess of $25.00.
B. The City Manager after a hearing in accordance
with this chapter, order the news rack returned without
payment of any impound fee; or, if an impound fee has pre-
viously been paid, may order return of any such impound fee.
C. A court before which criminal charges
concerning an impounded news rack are pending, may, upon
dismissal of the charges or a finding of acquittal, in its
discretion order an impounded news rack returned without
payment of an impound fee or the return of the impound fee
paid.
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07/17/89
13.24.120. Hearings on Impoundment.
A. Request for Hearing. Any permittee or person
maintaining a news rack found in violation of this chapter
may, at any time within 30 days of the alleged violation,
request in writing a hearing before the City Manager.
B. Stay Pending Decision. A timely request for a
hearing made.prior to any impounding shall operate to stay
.any impounding.until five working days after the decision is
rendered, unless further stayed pending appeal.
C.. . Conduct -:of Hearing. A hearing shall.be held,
unless continued by agreement, within five working days of
the request for a hearing. At the hearing any person may
present evidence or argument as to whether the news rack was
in violation of this chapter or whether the news rack should
be returned without payment of an impound fee.
D. Decision. A decision shall be rendered within
five working days after the close of the hearing.
E. Notice of Decision. The City Manager may give
oral notice of the decision at the close of the hearing or
may send notice of the decision by mail.
4 13.24.130. Appeal after Hearing.
A. Appeal. Any person who requested a hearing
may, within five days after notice of the decision is given
pursuant to this chapter, appeal such decision to the
Council.
B. ..Contents of Appeal. The appeal shall be in
writing, shall state the legal and factual basis upon which
the appeal is to be based, and shall be filed with the City
Manager who shall forward the appeal, together with a copy
of the decision, to the city clerk.
C. Stay Pending Appeal. A timely appeal of the
decision shall operate to stay any impounding pending action
taken on the appeal by the Council pursuant to this section.
D. Action by Council. Upon receipt of the appeal
and decision, and as soon as practical, the Council may take
any one of the following actions:
1. Grant a stay of the decision or any
impounding pending further consideration by the Council;
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2. Approve the decision and order;
07/17/89
3.: Refer the matter back ,to the City Manager
with or without instructions;
4. Set the matter for public hearing before
itself. Such public hearing shall be held de novo as if no
hearing previously had -been held.
E.. Stay Pending Action by Board. Action taken by
the=Council pursuant.to,subsections D3 or D4..of this section
shall operate to stay the decision or any impounding pending
final resolution of the-issue.of whether the news rack was
in violation of this chapter or whether the news rack should
be returned without payment of an impound fee.
F. Effective Date of Board Action. Action taken
by the Council pursuant to subsection D2 of this section
shall be effective immediately.
13.24.140.. Violation -- Penalty. Notwithstanding
any other provision of this Division 1, any person who vio-
lates Sections 13.24.010, 13.24.050, 13.24.060, 13.24.070 or
13.24.080 of this chapter shall be guilty of a misdemeanor.
13.24.150. Violation -- Other Remedies. The
provisions of this chapter shall not limit any other
remedies authorized by law.
Chapter 13.25
BUS BENCHES
13.25.010. Prohibition - Privately -Owned Bus
Benches. Except as otherwise provided in this Chapter, no
person shall place, construct or maintain a bus bench in any
public right-of-way or on any other publicly owned or
controlled real property (hereafter in this Chapter, "right-
of-way").
13.25.020. Existing Benches. Any bus bench
located in a right-of-way on the effective date of this
ordinance shall be permitted to remain in place provided the
owner of such bus bench gains a permit therefore pursuant to
the Highway Permit Ordinance. Any such permit issued
pursuant to the Highway Permit Ordinance and this Section
after June 30, 1989 shall be valid for no more than one
r.. month, and shall be renewable on a month to month basis. No
monthly permit shall issue or be renewed when the City
Manager determines that the location applied for is not
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suitable for a bus bench or the City is prepared to locate a
City owned bus bench or shelter at the location. The notice
provided by Section 13.25.030 shall issue when the City
Manager determines that the location applied for is not
suitable for a bus bench or the City is prepared to locate a
City owned bus bench or shelter at the location.
13.25.030. Notice to Remove. The City Manager
shall cause written notice ("notice") of the provisions of
this Chapter to be given to any person who is known or
bgl_iey-ed. to be<the_owner of, ..or_the person entitle d_to
possession of, any bus bench which is located in a right-of-
w.ay,in.the City and for which a permit shall not issue or
shall not be renewed pursuant to Section 13.25.020. Such
notices shall be given by personal service or by deposit in
the custody of the United States Postal Service, or its
successor, postage prepaid and addressed to such person at
his or her last known address. Each notice shall indicate
that the continued placement of a bus bench at the
designated location constitutes a violation of this Chapter
and shall set a period of time, not in excess of thirty
consecutive calendar days, during which such person shall
remove from the right-of-way the bus bench to which the
notice relates.
13.25.040. Removal by City. The City Manager
shall take the steps necessary to remove any bus bench which
continues - to be located in a right-of-way following the
period of time given for its removal, as is set forth in the
notice given pursuant to Section 13.25.030. Where a bus
bench is removed by City forces or a contractor designated
by the City to perform such work, the bus bench, upon its
removal, shall be disposed of in such manner as the City
Manager may deem appropriate, giving preference to the sale
of the same for its salvage value, if any. All costs of
bench removal shall be a proper charge against the person
who owns the bench or who is entitled to possession thereof,
and any such person shall pay to the City all costs,
including, but not limited to, administrative and legal
costs incurred in such removal process, less any salvage
value recovered by the City.
13.25.050. Violation of Chapter. Any person,
other than the City, who violates any provision of this
chapter by placing, maintaining, or continuing to place or
maintain a bus bench in any right-of-way located within the
City, after the operative date of this chapter shall be
deemed guilty of a misdemeanor and shall be punished in the
manner prescribed by law. Each calendar day during which a
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bus bench is placed or maintained contrary to the provisions
of'this chapter"-shall-be=deemed a separate offense.
Chapter 13.26
OVERHEAD STRUCTURES
13.26.010. Minimum Height Over Highways. Each
overhead structure which extends over the portion of the
highway used by vehicles shall be not less than 15 feet
above the highest portion of the highway surface. If the
Director finds that traffic conditions are such that it is
necessary for highway safety for such structure to be at a
greater height- ,"then §uch structure shall be at such greater
height as specified by the Director.
13.26.020. Doorway Shelters. Each overhead
structure used primarily for a covered shelter for ingress
and egress into a doorway shall not exceed 10 feet in width
and shall have a vertical clearance of not less than eight
feet at every point. Each structure shall be supported by
metal posts on a line two feet back from the face of the
curb, if any, otherwise from the edge of the portion of the
highway designed for use, by motor vehicles, and shall be
constructed in such a manner that no portion shall extend
toward the roadway more than six inches beyond the metal
posts.
13.26.030 =Permit Allows Maintenance of
Structures -- Exception. Any permit to erect or maintain an
overhead structure shall be treated as and deemed to be a
permit to maintain such structure until expiration or
revocation of the permit. This section does not apply to
agencies operating -under approved franchise.
13.26.040. Removal of Structures Following Permit
Expiration or Revocation. Upon the effective date of the
expiration or revocation of the permit, the person main-
taining the overhead structure shall remove same, and
restore any highway facility damaged or removed.
Chapter 13.28
VIOLATIONS
13.28.010. Acts Constituting Misdemeanors
Designated. Every person who performs any work regulated by
this Division 1, either without first obtaining a permit
therefor from the Director or who, having a permit, fails or
refuses to comply with any applicable provisions of this
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Division I or with any condition of the permit or who
performs':work-contrary- to any—of the-ganeral-or special
requirements or specifications of the permit, is guilty of a
misdemeanor, and is guilty of a separate offense for every
day during any part of which the violation occurs.
UNL
Division 2
OF UTILITIES
Chapter 13.32
PROCEDURES
13.32.010. Title of Division 2 Provisions. The
ordinance codified in this Division 2 shall be known as and
may be cited as the "undergrounding of utilities ordinance."
13.32.020. Construction of Provisions. Unless
the provision or the context otherwise requires, the general
provisions, rules of construction and definitions shall
govern the construction of this Division 2.
13.32.030. Definitions.
A. "Commission" means the Public Utilities
Commission of the state of California.
B. "Director" means the Public Works Director of
the City or designee.
C. "Electric or communication facilities" means
poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators,
cutouts, switches, communication circuits, appliances,
attachments and appurtenances used or useful in supplying
and maintaining electric, communication, television or radio
signals, or similar or associated service.
D. "Overhead electric or communication facil-
ities" means electric or communication facilities located
principally above the surface of the ground.
E. "Underground electric or communication
facilities" means electric or communication facilities
._ located principally below the surface of the ground.
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F. "Underground utility district" or "district"
-mean-s -an area -within the City within whish overhead electric
or communication facilities are prohibited as such area is
described in an ordinance adopted pursuant to the provisions
of Section 13.32.060 of this chapter.
G. "Utility" includes all persons or entities
supplying, operating, or maintaining electric, communica-
tion, television or radio signals, or similar or associated
service, by means ofelectricor communication facilities.
13.32.060. Formation of Districts.
A. When the Council, from time to time, after
consultation with the utility affected, and after holding
public hearings on the subject, finds either or both of the
following are in the general public interest:
1. That existing overhead electric or
communication facilities presently located within certain
designated areas, or sections thereof, of the City be
removed and replaced with underground electric or communic-
ation facilities; and
2. That any future or new electric commun-
ication facilities located within certain designated areas,
or sections thereof, of the City be underground electric or,
communication facilities it may, by amendment to this
Di -vision 2, declare such designated areas, or sections
thereof, an underground utility district, and may, by amend-
ment to this Division 2, add to, modify, amend or delete
,certain designated areas, or sections thereof, from existing
districts. Each amendment shall include a description of
the area, or sections thereof, comprising the district, or
sections thereof, affected by the particular amendment.
B. The Council's findings may be used on one or
more of the following reasons:
1. Such undergrounding will avoid or
eliminate an unusually heavy concentration of overhead
electric or communication facilities;
2. Such designated areas, or sections
thereof, are extensively used by the general public and
carry a heavy volume of pedestrian or vehicular traffic;
3. Such designated areas, or sections
thereof, adjoin or pass through civic areas or public
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recreation areas or areas of unusual scenic interest to the
general: public;... ar.
4. Overhead electric or communication
facilities within such designated area have been or will be
converted to underground locations; therefore, additional or
new electric or communication facilities.thereafter
installed in said area after such conversion has been
completed -should be underground to conform.to the
undergrounding pattern..: -
13.32.070. Notice to Remove Overhead Facilities -
Required. Upon receipt of a written notice to do so from
the Director, utilities.supplying, operating or maintaining
overhead electric or communication facilities in a district
shall, within the time required by the notice commence and
diligently prosecute to completion work to remove and
replace existing overhead electric or communications facil-
ities located in the section or sections of the district
specified in the notice, with underground electric or
communication facilities.
13.32.080. Notice to Property Owners. At the
same time as the notice to utilities provided for in Section
13.32.070 is sent, the Director shall also send written
notice to the affected.property owners within the district,
advising them of their responsibility as set forth in
Section..1 3.32.130._ Such notice shall be.mailed to the owner
As shown on the last equalized assessment roll.
13.32.090. Notice to Remove Overhead Facilities
Modification or. Revocation Authorized When. Upon receipt
of an application in:writing therefor from the utilities or
any person having the responsibility set forth in Section
13`.32.130, stating.the reasons for the request and the facts
upon which such reasons are based, the Director may revoke,
amend or modify the notice referred to in Section 13.32.070
if he finds that hardship or injustice to the utilities or
such persons would result, or if the general public interest
would be adversely affected if the utilities were required
to comply with the terms of the notice.
13.32.100. Exemptions from Division 2 Applica-
bility. Division 2 of this title shall, unless otherwise
provided herein, not apply to the following types of
facilities:
A. Any City facilities or equipment installed
under the supervision and to the satisfaction of the
Director;
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B. Poles or electroliers used exclusively for
street lighting;
C. Overhead wires (exclusive of supporting
structures) crossing any portion of such district within
which overhead wires have been prohibited, or connecting to
buildings on the perimeter of such district, when such wires
originate -in an area from which poles, overhead wires and
associated overhead structures are not prohibited;
D. Overhead wires attached to the exterior
surface of a building by means of a bracket or other fixture
and from one.location on--the--building-to another location on
the-same„building or'to an.adjacent building without -- .
crossing any public street;
E.._ Antennae, associated equipment and supporting
structures used by a utility for furnishing communication
services;
F. Equipment appurtenant to underground facil-
ities, such as surface -mounted transformers, pedestal -
mounted terminal boxes and meter cabinets, and concealed
ducts,
G. Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction with
construction projects.
13.32.110. Maintenance of Overhead Facilities
Permitted When. Notwithstanding the provisions of Division
2 of this title, a person or utility who now has the
authority,- by franchise -or otherwise, to install, operate
and maintain overhead electric or communication facilities
in such district may, upon complying with the provisions of
Division 1 of this title, install, operate and maintain
overhead electric or communication facilities in such
district for a period not to exceed 30 days, in order to
provide emergency service; and the Director may grant on
such terms as appropriate, in cases of unusual circum-
stances, special permission to any such person or utility to
erect, construct, install, place, keep, maintain, employ use
or operate overhead electric or communication facilities in
such district.
13.32.120. Equipment to be Furnished by Utility.
If underground construction is necessary to provide utility
service within a district, the supplying utility shall
furnish that portion of the conduits, conductors and assoc-
iated equipment required to be furnished by it under its
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0* ,
applicable rules, regulations and tariffs on file with the
commission.
15.32.130. Equipment to be Furnished by Property
Owners. It shall be the responsibility of every person
owning, operating, leasing, occupying or renting a building
or structure which_.is..obtaining utility service from over-
head -electric or communication facilities required to be
removed and relocated pursuant to this Division 2, to
construct and provide that portion of the service connection
on -that persons'property.-between the facilities referred to
in Section 13.32.'120 and the termination facility on or -
within the building.or.structure being served, all in
accordance with the applicable rules, regulations and
tariffs of the respective utility or utilities on file with
the commission,.and with all applicable state law and City
ordinances.
13.32.140. Equipment to be Removed by City. The
City shall remove at its own expense all City-owned'equip-
ment from all poles required to be removed under the provi-
sions of this Division 2 in ample time to enable the owner
or user of such poles to remove the same within the time
specified in the notice sent pursuant to Section 13,.32.070
of this chapter. _. _..
13.32.150. Unlawful Acts Designated. Except as
herein provided, it is unlawful for any person or utility to
erect, construct, install, place, keep, maintain, continue,
employ, use or operate overhead electric or communication
facilities in a district after such district has been
,converted to underground electric or communication facil-
ities, except as sa.i.d overhead electric or communication
facilities may be required to furnish service to an owner or
occupant of property prior to the performance by such owner
or occupant of the underground work necessary for such owner
or occupant to continue to receive utility service as
provided in Section 1.3.32.130 of this chapter, and for such —
reasonable time required to remove such facilities after
said work has been performed.
13.32.160. Violation Deemed Misdemeanor -
Penalty. It is unlawful for any person to violate any
provision or to fail to comply with any of the requirements
of Division 2 of this title. Any person violating any
provision of this Division 2 or failing to comply with any
of its requirements, shall be deemed guilty of a misde-
meanor. Each such person shall be deemed guilty of a
separate misdemeanor offense for each day during any portion
of which any violation of any of the provisions of this
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Division 2 is.committed, continued or permitted by such
person. -
Chapter 13.34
DISTRICTS ESTABLISHED
13.34.010. Districts Designated. The districts
described.in.this.chapter.are those created pursuant to
chapter:13.32 of this Code.
13.34.250. :Lyons Avenue Underground Utility -
District. The.following..area shall.constitute and be known
as the Lyons.Avenue Underground Utility District:
That portion of a strip of land 140 feet wide lying
70 feet north of and 70 feet south of and parallel to the
centerline of Lyons Avenue, beginning at the intersection of
the centerlines of Lyons Avenue and Newhall Avenue, thence
easterly approximately 2,436 feet along the centerline of
Lyons Avenue to a line 500 feet east of the centerline of
Emberbrook Drive, excepting that portion of the right-of-way
of the Southern Pacific Transportation Company crossing said
strip.
13.34.260. Lyons Avenue No. 2 Underground
Utility District.. The following area shall constitute and
be known, as the Lyons Avenue.No. 2 Underground Utility
District: -
That portion of,a strip of land 140 feet wide lying
70 feet each side of -and parallel to the centerline of Lyons
Avenue,-beginning.at-the intersection of the centerlines of
Lyons Avenue and Apple Street, thence easterly approximately
2,800 feet along the centerline of Lyons Avenue to the
centerline of Newhall Avenue joining the existing Lyons
Avenue Underground Utility District.
13.34.265. ..Lyons Avenue -Pico Canyon Road
Underground Utility District. The following area shall
constitute and be known as the Lyons Avenue -Pico Canyon Road
Underground Utility District:
That portion of a strip of land 140 feet wide lying
70 feet on each side and parallel to the centerline of Lyons
Avenue -Pico Canyon Road, beginning at the centerline inter-
section of Pico Canyon Road and The Old Road, thence,
.,. easterly approximately 8,768 feet along the centerline of
Lyons Avenue -Pico Canyon Road to the centerline intersection
of Lyons Avenue and Apple Street.
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TBM/SCHI-CODE 07/17/89
13.34.267. Magic Mountain Parkway Underground
Utility District. The following area shall constitute and
be known as the Magic Mountain Parkway Underground Utility
District:
That portion of a strip of land 140 feet wide lying
70 feet on each side and parallel to the centerline of Magic
Mountain Parkway, beginning at a point 2,500 feet west of
the centerline intersection of Magic Mountain Parkway and
The Old Road, thence easterly approximately 3,650 feet along
the centerline of Magic Mountain Parkway to a point 1,150
feet east of the centerline intersection of Magic Mountain
Parkway and The Old Road.
13.34.380. Soledad Canyon Road Underground
Utility District No. 1. The following area shall constitute
and be known as the Soledad Canyon Road Underground Utility
District No. 1:
That portion of a strip of land 140 feet wide lying
70 feet on each side and parallel to the centerline of
Soledad Canyon Road, beginning at a point 1,183 feet
easterly of the intersection of Galeton Road and Soledad
Canyon Road, thence northeasterly approximately 7,615 feet
along the centerline of Soledad Canyon Road to a point 165
feet easterly of the intersection of Sand Canyon Road and
Soledad Canyon Road.
13.34.390. Soledad Canyon Road Underground
UtilityDistrict No. 2. The following area shall constitute
and be known as the Soledad Canyon Road Underground Utility
District No. 2:
That portion of a strip of land 140 feet wide lying
70 feet on each side and parallel to the centerline of
Soledad Canyon Road, beginning at the intersection of Sierra
Highway and Soledad Canyon Road, thence easterly approxi-
mately 3,723 feet along the centerline of Soledad Canyon
Road to a point 1,183 feet easterly of the intersection of
Galeton Road and Soledad Canyon Road.
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^r
DIVISION 3
MISCELLANEOUS PROVISIONS
Chapter 13.70
- HOUSE NUMBERING
13.70.010.=' :Title for Citation. The ordinance
codified in=this chapter shall -be known as.and.may.be cited
as "the house numbering ordinance.
13.70.030. Definitions.
A. "Director" means the Public Works Director of
the City, or designee.
B. "Mobilehome" is a vehicle designed and
equipped for human habitation, and for being drawn by a
motor vehicle.
C. "Mobilehome park" means any area or tract of
land where:
1. One or more mobilehome lots are rented or
leased or held out for rent or lease to accommodate mobile -
homes used for human habitation; or
2. _ Two or more mobilehome lots are in the
lawful possession of separate persons and are used by such
persons to accommodate mobile homes used for human
habitation.
D. "Road" includes both a county highway and a
private street.
13.70.060. House numbers -- Establishment. The
Director, whenever so requested by the Council, shall
establish the house numbers along any highway in the City,
and the numbers so established, when adopted and approved by
the Council, shall be the official numbers.
13.70.070. Notice of Numbers Assigned. The
director shall notify all owners of property or persons in
possession of property along any highway upon which official
numbers have,been established pursuant to this chapter.
13.70.080. Placement of Numbers by Owners or
Occupants. Within 10 days after the owner or occupant of
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any property along a highway for which official numbers have
been assigned or the occupant of any mobilehome for which a
number has been assigned has been notified as required by
this chapter of the number so assigned the owner or occupant
shall:
A. Remove any existing number which is not the
number assigned;
B. Place the number assigned, in digits not less
than three inches in height, upon the said property,
residence; structur'e-or mobilehome in such a position as to
be plainly visible from the highway or access way.
13.70.090. Apartment Houses -- Posting of
Dwelling Unit Diagram. The owner or proprietor of an
apartment house consisting of six or more dwelling units
shall post at or near the primary entrance to the building
or buildings a brief descriptive diagram which clearly
indicates the numerical, alphabetical or identification
pattern or layout, showing the location of each dwelling
unit, including floor levels and access patterns.
13.70.100. Mobilehome Parks -- Plan -- Filing
Requirements. Not less than 30 days after the establishment
of a mobilehome park, the owner or proprietor of a mobile -
home park shall file with the Director a plan (which may be
a rough plan not drawn to scale) showing:
A. The mobilehome lots, including dimensions
thereof;
B. The accessways thereto, including dimensions,
angles and radii required to reconstruct the configuration
of said access way;
C. The names or numbers of the accessways;
D. The number assigned to each mobilehome lot.
13.70.110. Mobilehome Parks -- Numberin System
on Accessways. On each accessway odd -numbers in consecutive
order shall be assigned on one side and even numbers in
consecutive order shall be assigned on the other side.
13.70.120. Mobilehome Parks -- Plan --
Examination by Director. Upon receipt of the plan provided
For by this chapter, the Director shall examine the same and
determine whether or not, the proposed numbering of mobile -
home lots will facilitate the finding of the occupants of
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the mobilehomes parked thereon, and whether the names of the
access ways will duplicate the names of nearby roads or
other access ways -to such an extent as
The Director may make such changes in t
in order that the location of occupants
park may be ascertained. The Director
as submitted or as amended, as the case
approval of the said plan to the owner
mobilehome park..
Numbers-- Compliance._
to cause confusion.
he plan as necessary
of the mobilehome
shall return the plan
may be, showing his
or proprietor of the
Parks -- P1
n
receiving the approved plan from the Director, the owner or
proprietor of the mobilehome park shall post legible signs
in letters or figures not less than three inches in height
-at the ends -of; and -at each intersection of, the access
ways, showing the names or numbers thereof, and either place
the number assigned to each mobilehome in such a position on
the mobilehome to be plainly visible from the access way,
such number to be not less three inches in height, or no-
tify, in writing, the occupant of each mobilehome to do so.
13.70.140. Mobilehome Parks -- Directory and
other Signs Required. The owner or proprietor of a
r mobilehome park shall:.
A. Post at the entrance thereof a central
directory which shall show the layout of the access ways and
the numbering system of the mobilehome park;
B. Affix on the mobilehome, hc�;se, or other
structure occupied by the manager of the tobilehome park, in
such a position as to be clearly visible from the access
way, a sign in letters not less than three inches in height,
reading "Office," "Manager," or some other word indicating
the same.
Chapter 13.74
PIPELINES AND OTHER UTILITIES ON BRIDGES
- 13.74.010. Pipeline Defined. Unless the context
-otherwise requires, "pipeline" means and includes conduit,
cable and wire, except that it does not include any wire
which -is a portion of a cable or which is enclosed within a
-conduit where such cable or conduit are subject to the
provisions of this chapter.
vim+
13.74.020. Permit -- Required when -- Terms and
Conditions. Before any person attaches any pipeline to,
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lays any pipeline on, or uses for the support of any pipe-
YlhLti, replaces or r-epa rs any pipeline on, or removes any
pipeline from any bridge, including the wing walls thereof,
or culvert, in the City that person shall first make applic-
ation to the Director and receive a permit to do so. The
Director shall not grant any such permit until the Director
findsthata permit may be granted without detriment to the
bridge or culvert. If the Director so finds, the Director
shall issue to the applicant a permit on the same form and
on the same conditions as permits for making excavations,
fills and -,obstructions,_ and__up.on the following Additional
terms and_,.,condit ons;:.__.
A. 1. -That payments shall be made in advance
annually to the City at the following rate per lineal foot
of pipeline directly supported by the bridge or culvert
including wing walls, or per foot of length of the bridge or
culvert, not including the wing walls, whichever is greater:
a. $.30 when the pipelines do not'exceed
an outside diameter of five inches;
b. $..50 when the outside diameter is in
excess of five inches and not in excess of 10 inches;
` c. When the outside diameter of any such
pipe exceeds 10 inches, a sum computed at the rate of $.05
per inch foreach inch or fraction of an inch of outside
diameter of such pipeline;
2. Where a pipeline does not cross, but is
parallel or approximately parallel to the stream, ravine,
gulley or other depression crossed by the bridge then, as
used in this section, "length" shall be construed as
"width";
3. Where a pipeline is supported in part by
a structure or structures other than and in addition to the
bridge or culvert, then the length of such bridge or culvert
shall be deemed to be that portion of such bridge or culvert
which is between such structure and the other end of such
bridge or culvert, or between such structures;
That the name of the person owning the
Ffanehise be shown on each pipeline at each end of the
-Ugidge, in a manner which will be legible at all times;
^^ C. That in all cases where the pipeline is
conveying either gas or oil,.the person to whom the permit
is granted shall install a shutoff valve in the said
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.pipeline at both ends of,the bridge or culvert at a distance
-of at least .2000. feet .from the -ends of the said -bridge or
culvert, and that the shutoff valve shall be installed in
the pipeline or pipelines in such a manner that it will not
project above the surface of the highways and not be a
menace or danger to the traveling public. The shutoff valve
shall be properly identified by a metal tag attached to
same, bearing the name of the person to whom the permit has
been granted;
D That -the permittee shall _paint all pipelines
when installed the same color as the bridge or culvert;
E. That each permittee furnish the Director and
the Fire Department the address and telephone number of some
designated official or the person who will be available at
all times, 24 hours per day, holidays and Sundays included,
to be called in case of emergency or other matters
pertaining to the line.
13.74.030. Permit -- Liability Agreement
Prerequisite to Issuance. Before any permit is granted
pursuant to Section 13.74.020 of this chapter, the person
.-, applying for the same shall first make, execute and deliver
to the Director an agreement whereby such person agrees:
A. To promptly pay to the City the cost of
repairing any damage to any structure owned by the City
caused by the use of such structure for the support of any
pipeline of such person;
B. ,---That-the City will not, nor will any of its
officers, agents or employees, be liable to such person or
his assigns for any injury to any part of such pipeline by
reason of removal or failure of the structure;
r-�
C. That such person will save and defend the
City, its officers, agents and employees, harmless from any
liability for damage for bursting pipes, explosions, or any
other damage which would not have happened but for the
maintenance of the pipeline.
13.74.040. Annual Rental -- In Addition to other
Payments. The annual rentals set forth in this chapter
s1i,it11- be in addition to any payment required to be paid by
:the grantee under franchises which may be held by the
grantee.
13.74.050. Annual Rental -- Exemption Condi-
tions. If under state law the City may not legally require
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the payment of any permit fee or bridge rental from any
particular.person.*such,person-shall.nevertheless first
apply for and -obtain a permit as required in Section
13.74.020, which permit, if granted, shall be granted
without the payment of any permit fee or bridge rental.
_. _ 13.74.070.__: Annual Rental -- Late Payment
Charge. In the event any annual advance rental payment
specified herein is not made within 60 days after the date
on which the payment is due, the grantee shall further pay
interest on such..payment_at.the.rate_of one percent.pe.r
month from the date the payment was due.
13.74.080. _,Permit,-- Sale; Transfer, Lease or
Assignment Limitations. The grantee of a permit granted
pursuant to this chapter shall not sell, transfer, assign or
lease said permit, or any of the rights and privileges
granted thereby, without first obtaining the consent of the
City to such sale, transfer, assignment or lease. This
provision does not apply to a sale, transfer, assignment or
lease from a corporation to its subsidiary or affiliated
companies, nor _when -the assets of a corporation as a whole
are sold, transferred, assigned or leased to its parent
.., company, if notice of any such sale, transfer, assignment or
lease is given to the City.
13.74.090. Relocation or Removal of Facilities --
Costs. In the,event it becomes.necessary to remove or
relocate, for any public purpose of the City, any pipeline
or conduit attached to or supported by a bridge under the
authority of a permit granted subject to -his chapter, the
grantee or assignee thereof shall pay the -entire cost of
such removals or relocations.
13.74.100. Revocation of Privileges -- Notice
Required. The privileges under any permit granted pursuant
to this chapter may be revoked, in whole or in part, at any
time upon 30 days' written notice from the City to the
grantee.
13.74.110. Previously Granted Permits -- Terms
and Conditions. All of the terms and conditions of this
_chapter are expressly made applicable to all permits
previously granted.
13.74.120. Acts Constituting Misdemeanors
Designated -- Penalty. Every person who attaches any
pipeline to, lays any pipeline on, or uses for the support
of any pipeline, replaces or repairs any pipeline, or
removes any pipeline from any bridge or the wing walls of
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any bridge or any culvert without having first received a
permit so.to do, -and every person who in any way violates
4hy-provisioi'bf'this"chapter, is guilty of a misdemeanor.
13.74.130. ' Permit -- Revocation for Violations --
Penalty. Any person having a permit granted pursuant to the
provisions of this chapter and who violates any of the
provisions of -this chapter'--is-guilty--of- a -misdemeanor.
Chapter 13.76
TREE TRIMMING
13.76.010. Trimming, Removing or Injuring Trees
and other Plants on any -Hi hwaV or -Public Pro erty -- Permit
Required, it is unlawful for any person, to trim, prune,
cut, break, deface, destroy, burn or remove any shade or
ornamental tree, hedge, plant, shrub or flower growing upon
any public highway, public ground or public property within
the City without the written permit of the Director.of Parks
and Recreation, with regard to public grounds or public
property, or the Public Works Director, with regard to
public highways.
13.76.020. Permit -- Issuance Conditions. A
' permit shall not be granted to any person, except one:
A. Who owns or is the tenant of the property
adjacent to:that .partion of the highway on which the shade
or, ornamental trees, hedges, plants, shrubs or flowers which
it is proposed to trim, prune, cut, break, deface, destroy,
burn or remove, grow;
B. Who has a valid, unrevoked easement or
franchise, with the exercise of which the shade or orna-
mental trees, hedges, plants, shrubs or flowers interfere,
and the trimming, pruning, cutting, breaking, defacing,
destruction, burning or removing of which is necessary to
the exercise of such easement or franchise;
C. Whose principal business is tree -trimming and
maintenance and tree surgery, who in the opinion of either
tie Director of Parks and Recreation, with regard to public
p. operty or public grounds, or the Director of Public Works,
;A.th regard to public highways, is qualified for such
b-asiness, and who deposits a sum sufficient, to reimburse
the City for any expense necessarily incurred to do
corrective tree -trimming.
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13.76.030. Replacement of Trees Required When.
No permit for the removal of any tree shall be issued under
this chapter unless and until the applicant agrees to
replace the tree with another tree, of a type and quality to
be determined by either the director of parks and recreation
or --the Public Works Director. This condition may be waived
When replacement of.such tree is not desirable in the public
interest.
13.76.040. Violation -- Penalty. Any person,
firm or corporation who shall -violate any of the provisions
of this chapter shall be guilty of a misdemeanor.
_Chapter 1-3.80-
SIDEWALK
3.80 SIDEWALK AND CURB REPAIR
13.80.010. Responsibility for Sidewalk and Curb
Repair or Reconstruction. When any sidewalk or curb
constructed on any road, boulevard, street, avenue,'lane or
alley shall be out of repair or in need of reconstruction
shall be the duty of the owner of or other person, in charge
of or in control of the property abutting the sidewalk or
curb to repair or reconstruct the sidewalk or curb.
13.80.020. Failure to Repair -- Unlawful. It is
unlawful for any owner of or other person in charge of or in
control ofanyproperty abutting upon any sidewalk or curb.
constructed upon any road, boulevard, street, avenue, lane
.or alley, to fail to repair or reconstruct the sidewalk or
curb when the sidewalk or curb shall be cut, of repair or in
need of reconstruction. `
13.80.030. Failure to Repair -- Work Performed by
City when -- Notice -- Costs. When any sidewalk or curb
constructed on any road, boulevard, street, avenue, lane or
alley shall be out of repair or in need of reconstruction,
Director may cause notice to be given to the owner or other
person in charge of or in control of the property abutting
upon such sidewalk or curb to repair or reconstruct said
sidewalk, and if such owner or other person, firm or corpor-
ation shall fail to repair or reconstruct said sidewalk or
--curb within five days after the giving of such notice, the
�ir_ec.tor--may cause the sidewalk or curb to be repaired or
yreconstructed out of any funds which may be available for
-_said purpose, and the expense thereof shall be a charge
against such owner or other person to be recovered by action
in the name of the City. The notice shall specify the
manner of the repair or reconstruction and the materials to
be used in such work, and shall state that if such owner or
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TBM/SCHI-CODE 07/17/89
other person shall fail to repair or reconstruct said
sidewalk or curb as:_requn u
ir'ed; witfi five days, cl _ work
may be done by the City at the expense of such owner or
other person and that such owner or other person will be
prosecuted for failure as provided by this chapter.
13.80.040. __Violation -- Penalty. Any person,
firm or corporation violating any of the provisions of this
chapter shall be guilty of a misdemeanor.
_.: Chapfer 13_82
_. CURB PAINTING
13.82.010. Permit Reauired. Every person who
paints, stencils, or affixes, or causes to be painted,
stenciled or affixed, any house or street address number on
any curb or adjacent to any public street shall first
procure a permit and pay an annual permit fee in the amount
established by resolution of the City Council.
13.82.020. Operation Requirements.
,. A. The permittee shall file with the City a
policy of public liability insurance in which the City has
been named as insured or co-insured. The policy of
insurance shall insure the City, and its officers and
employees, against -all claims arising out of, or in connec-
t.ion with, the issuance of the permit or the operation of
the permittee, or the permittee's agents or contractors.
The policy of insurance shall provide coverage as follows:
Bodily Injury....... $25,;00 each person
$50,000 each accident
Property Damage..... $ 5,000 each accident
B. No permittee shall represent in any way to an
owner or occupant of premises, or to anyone, that the
painting of such numbers upon curbs or elsewhere is required
by any law, rule or regulation.
C. Any house or street address numbers which are
,ai,nted, stenciled or affixed to any curb pursuant to the
nr,quisions of this Chapter, shall consist of black numerals
tit less than two and one-half inches (212,"), and not more
than four inches (411) in height on a white background.
First -quality paint shall be used in all cases.
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D. The City Council may adopt such reasonable
zx_ules-and: reg.ulati.ons.in.furtherance of the provisions of
this Chapter as_determined necessary, including, but not
limited to, rules regarding the work to be performed and the
method and manner of any solicitation for such work.
E. Neither the City of Santa Clarita nor any
::board, commission, officer or employee thereof shall be
liable or responsible for any work done by any permittee
under the provisions of this Chapter, or by any employee,
agent or independent contractor of the City who paints over,
obliterates or removes any house or street address number
upon any curb in the course of establishing any official
traffic control or street identification sign, or in the
process of repair or replacement of curbs.
13.82.030. Exception. The provisions of this
Chapter shall not apply to any person who paints, stencils
or affixes house or street address numbers upon curbs
abutting his or her own property.
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L
SECTION 2.
ordinance spe— �a11The provisions of Section 1 of this
Title 13- of the L -os -AngelesrCount Code, r 1., 2 -and 5 of
Permits, Undergroundin Y Code, relating to Highway
Provisions, previouslyg of Utilities and Miscellaneous
the Santa Clarita MunicidaPted by reference as a portion of
1 of this ordinance do not modif The provisions of
applicabilityY or restrict the Section
Divisions 3 and 4 of Title 16
Portion of Title
Cit of 13 a County C
the Los Angeles Coor an
o
Y Santa Clarita inasmuch as ode t
those provisions have adopted by reference been
as applicable to the City of Santa
Clarita.
SECTION 3, The Cit
adoption df --t— h ordinance y Clerk shall certify to the
same to be and shall cause a summary of the
published as required by law.
1989. PASSED AND APPROVED this 8th day of August
ATTEST: MAYOR
C CL RK
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r -y
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Georqe caravalho City Clerk of the City of
SANTA CLARITA, do hereby certify that the foregoing
Ordinance No. 89_20 was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the 25th day of _July
thereafter, said Ordinance was duly adopted and9passedaat a
regular meeting of the City Council on the 8th day of
AlLg t , 1989 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Boyer, Darcy, Koontz, McKeon, Heit
NOES: COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: r
tbm:ORD0112 -3