HomeMy WebLinkAboutMC-1004
Adopted: October 20, 1997
Effective: November 20, 1997
1 ORDINANCE NO MC-1004
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY RE-
PEALING CHAPTERS 12.04 AND 12.08 OF THE SAN BERNARDINO MUNICIPAL
CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCE-
DURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO
PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12.03 ENTITLED "RIGHT-OF-WAY
PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS."
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO OR-
6 DAIN AS FOLLOWS:
7 SECTION 1. Chapter 12.03 is hereby added to the San Bernardino
8 Municipal Code to read as follows:
9 "12.03.010 FINDINGS
10 A.
Increasing public demand for services has prompted the expan-
11 sion and installation of new above and below ground facilities
12 offered throughout the City street and public right-of-way
13 system.
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Increased usage of the public right-Of-way has created conges-
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tion both above and below ground and created competition for
the available space.
Congestion in the underground portions of the street right-of-
way has created conflicts between the various users in that
the first users take the available space leaving little or no
room for other users. In some cases, the City is prevented
from installing needed expansions to water lines, sewers, or
storm drains due to other users taking planned space for their
own facilities.
continued use of public right-of-way has caused the degrad-
ation of existing pavements and in some cases has been the
cause of damage or degradation to recently constructed or
rehabilitated pavements, traffic signal loops, and pavement
markings.
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It is the intent of the City of San Bernardino to preserve its
right to install expansions to its own systems, protect
investments in capital street improvements and prevent overuse
of the public right-of-way that would hamper proper mainten-
ance and operations of facilities.
continued excavations and encroachments into the public right-
of-way disrupt the travelling public as well as the business
operators and pose potential safety hazards unless controlled
by permit and properly inspected.
A public utility franchise, granted by the State of California
or the city of San Bernardino is a contract granting special
privileges to use public rights-of-way. It is not intended
that this ordinance impose additional rules and regulations
upon the public utilities or confer authority to the City that
conflicts with rights granted by existing franchise agree-
16 ments, the State's public utilities code or jurisdiction of
17 the California Public utilities commission.
18 12.03.020 DEFINITIONS
19 A. "Asphalt Street" means any street the surface of which is
20 paved with a mixture of rock, sand and asphalt cement, includ-
21 ing any of those which are commonly known as asphalt pave-
22 ment.
23 B. "Concrete gutter" means any gutter composed of Portland Cement
24 Concrete.
25 c. "Concrete driveway" means any driveway paved with Portland
26 Cement Concrete.
27 D. "Concrete street" means any street paved with Portland Cement
28 Concrete.
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"Curb" means any curb constructed of Portland Cement Concrete.
"Encroachment" means to encroach upon, obstruct or close
any public street, alley, court, sidewalk or any portion
thereof within the city, for any purpose, including con-
struction, parking, sales, advertising or any private
usage of public right-of-way.
"warning signs" shall conform to the requirements of the "Man-
ual of Traffic Controls", current edition, published by the
state of california, and the "Work Area Traffic Control Hand-
book (WATCH), current edition as adopted by the City of San
Bernardino.
"Lights" shall conform to the requirements outlined in the
current edition of the "Manual of Traffic Controls", published
by the State of California.
"Manhole" means any surface structure which is part of any
underground system such as sewer, storm drain, water, gas,
ground pipes, or wire system, and shall have a surface cover
with an exposed area of one and one-half square feet or more
and shall also include such structures of record that may have
been overlaid with surfacing materials.
"New facility" means a new distribution line or new service
connection. Every attempt shall be made to use existing ser-
vice connections for proposed developments or redevelopments.
In the event the distribution line or service connection is
inadequate to serve a development, new facility shall include
the necessary increase in size of distribution lines and ser-
vice lines for the facility only andlor the extension of ser-
vice to reach the development.
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1 K. "oiled street" means any street, the surface of which is com-
2 posed of a mixture of one or more spray coats of road oil with
3 sand, compressed rock, or decomposed granite, or chemical dust
4 palliative, having a thickness of one inch or less.
5 L. "Property" means and includes any property, rail, ties, wire,
6 pipes, conduit, or any device, fixture, appliance, or struc-
7 ture appurtenant thereto, installed, affixed or located in or
8 under any public street or public place in the City whether
9 so affixed, installed, or located under franchise, or other-
10 wise.
11 M. "Prospect hole" means any hole made in a pavement, driveway,
12 or sidewalk by driving a metal bar, or drill into same for the
13 purpose of locating existing utility pipes, or conduits, or
14 leaks therefrom or for explorations as to soil type, depth to
15 groundwater, monitoring of groundwater or pollution or other
16 monitoring activities.
17 N. "Public place" means and includes a public place, public
18 square, public park, public playground, public court, public
19 building and grounds, public airport, and all public grounds
20 and places owned and maintained by the City.
21 o. "Public street" means and includes a public street, public
22 easements, public right-of-way, public highway, public alley,
23 public way, or public road within the City.
24 P. "Rock and oil" means any street, the surface of which is com-
25 posed of macadam pavement, or a mixture of rock, sand and
26 either road oil or liquid asphalt, having a total thickness of
27 more than one inch.
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1 Q. "unimproved street" means any street, the surface of, which is
2 composed of dirt, soil, sand, gravel, decomposed granite, or
3 similar materials in their natural state or a surface of in-
4 bound or water-bound gravel, or decomposed granite.
5 R. "valve/valve boxlpull box" means any access via surface struc-
6 ture which is part of any underground system such as sewer,
7 storm drain, water, gas, ground pipes, wire, or cable
8 systems, and has a surface cover with a surface area of less
9 than 1-1/2 square feet.
10 S. "Facility" means physical structure of facility, not what is
11 contained in the facility. Where protected by PUC regula-
12 tions, it is not required to disclose type of conductors or
13 contents of the physical structure of the facility.
14 12.03.030 NOTICE TO DISCONNECT OR REMOVE
15 Whenever the Director of Public WorkslCity Engineer determines
16 that it is reasonable and necessary that any property located in or
17 under any public street, or public place in this city, owned, main-
18 tained, or controlled by any person, be temporarily disconnected,
19 and reconnected, or permanently moved, relocated, or removed from
20 any public street, or other public place, in order that the City,
21 or other governmental agency, or instrumentality, may most economi-
22 cally, under modern engineering and construction methods install,
23 construct, build, or erect any public improvement, or works in or
24 under any public street, the Director of Public Workslcity Engineer
25 shall give timely written notice to the person owning, maintaining,
26 or controlling such property, to move, relocate, or temporarily
27 disconnect the same, as may be determined by the city Engineer.
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12.03.040 POWER TO REGULATE
A. The city shall adopt such regulations for the location, size,
depth, number of facilities to be accommodated, installation
and repair methods and surcharges for new or recently rehabil-
itated public streets that may require excavations as it may
deem necessary for public welfare. The regulations are
intended to protect the public right-of-way and equitably
allocate available space. In the event a utility cannot
locate as directed by the City without violation of PUC in-
stallation guidelines, then alternate alignments shall be
selected.
B. Whenever an excavation is made by tunneling under the surface
of the street, the City shall adopt such regulations and re-
quire such inspections, as it may deem necessary to insure
full compliance with the other sections of this chapter.
C. Whenever conduits are placed under City streets or in public
rights-of-ways, the city will require the owner/user to insure
the conduits can be located, with accuracy, by a reliable
method. This shall mean a horizontal location within 4 inch-
es and depth within 18 inches.
D. Plans shall be prepared and submitted that show the location,
depth and type of proposed facilities, as well as other exist-
ing underground utilities. Such plans shall be to scale and
no less than 1"=60' and shall show the right-of-way line, curb
lines and all known underground utilities, conduits or buried
wires.
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1 E. City direction to relocate or locate in other positions to
2 clear existing or future facilities will be considered manda-
3 tory and not merely recommendations. Failure to follow ap-
4 proved plans will result in the facility being relocated as
5 directed at the cost of the Owner.
6 12.03.050 NONINTERFERENCE WITH FRANCHISE RIGHTS
7 Nothing in this chapter shall be construed as interfering with
8 any rights granted to any persons, firm or corporation under and by
9 virtue of any franchise of the State of California or of the City
10 or to any rights granted in the future.
11 12.03.060 PERMIT APPLICATION
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Every permit for any excavation or encroachment in or under
the surface of any street shall be granted subject to the
rights of this City, or any other person entitled thereto, to
make reasonable use of that part of the street for any purpose
for which the street may be lawfully used, consistent with the
excavation andlor encroachment made pursuant to such permit.
It is unlawful to remove material from or engage in construc-
tion, repair or installation of conduits within any street in
such a manner as to render such street impassable or dangerous
to public travel. Closure of streets must be approved in
advance with approval of traffic detour plans submitted in
accordance with the guidelines prepared by the Director of
Public WorkslCity Engineer for the city of San Bernardino.
It is unlawful for any person to make excavations or encroach-
ments in or under the surface of any street, sidewalk or pub-
lic place, for the installation, repair, or removal of any
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pipe, conduit, duct, or tunnel, or for any other purpose ex-
cept the installation of poles and anchors serving overhead
lines without first:
l. Making and filing a written application with the Director
of Public Workslcity Engineer a minimum of forty-eight
hours prior to starting any excavation or encroachment,
except any person, or firm holding a public utility fran-
chise in the city may, for emergency proposes only, make
and file a written application during the next business
day following the making of such emergency excavations
or encroachments.
2. Receiving a written permit from the Director of Public
Workslcity Engineer.
3. Making a deposit or other acceptable security to cover
the cost of installation including:
a. Inspection
b. Restoring the street or sidewalk to its original
condition.
c. Restoring all signs, pavement markings, conduits,
cables, pipes to a condition acceptable to the City
using similar materials and methods to match the
original improvements.
d. Incidental expenses in connection therewith, as
hereinafter provided for.
Before issuing any permit provided for in this section, the
Director of Public WorkslCity Engineer shall require that a
written application be made and filed with the Department of
Public Works which shall provide the following:
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l. Name and residence, or business address of applicant;
2. A detailed description of the work, its location and
approximate area (in square feet) and the purpose for the
excavation (installation, repair, enhancement, etc.);
3. A plat of the proposed work not larger than 24"x36" nor
smaller than 8-l/2"x ll" and at a scale not smaller than
1"=60' showing the following:
a. Right-of-way lines
b. Curb lines, back of sidewalk, street lights, traf-
fic signal and boxes.
c Location of proposed excavation including the
length and width of the trench
d. North arrow and scale
e street names and cross street (even if shown with
broken centerline to nearest cross street)
f. ALL underground facilities with size, location and
ownership based on a search of available records.
This is required for the full right-of-way width
for lines going in the general direction of the
street and for the length of the trench for excava-
tions generally perpendicular to the street.
g Such other information as the Director of Publ ic
Works/City Engineer may require.
No plats shall be required when excavations or encroach
ments are made for service connections. or for locatinq
or repairinq existinq underqround installations.
Applicant must show legal authority to occupy and use the
street, or sidewalk wherein the excavation/encroachment is
proposed to be made.
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It is unlawful for any person to make any excavation, install
or maintain any tank, pipe, conduit, duct, or tunnel, in or
under the surface of any street, or sidewalk or public place,
at any location other than that described in the application,
and shown on the plats filed by such person. Any deviation in
location necessitated by actual field conditions shall be
corrected on the final plats and submitted to the Director of
Public WorkslCity Engineer as the AS CONSTRUCTED plats.
The Director of Public WorkslCity Engineer may require site
survey in order to insure accurate location of facilities as
deemed necessary to insure compliance with this section.
Those performing the work shall have a valid current City of
San Bernardino business registration and shall list the number
thereof on the application. The job superintendent, as well
as the owner's authorized representative, shall also provide
24 hour emergency telephone numbers should problems be discov-
ered other than during normal working hours and shall list
same on the application.
The Director of Public Workslcity Engineer may issue vehicle
parking permits that allow encroachment into time limited
21 parking areas for extended work periods. See section
22 12.03.090.
23 l2.03.070 FEES
24 A. Before a right-of-way excavationlencroachment permit is is-
25 sued, the person making the application shall pay the City a
26 non-refundable right-of-way construction permit fee as estab-
27 lished by resolution.
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Public utilities approved by the Director of Public Workslcity
Engineer may obtain a right-of-way blanket permit for minor
work and emergency work. Applicants shall pay a non-refund-
able blanket permit fee as established by resolution. A blan-
ket permit will be valid for TWELVE months from the date of
issuance.
Minor work is defined as cable location and repair, construct-
ing, modifying or abandoning individual service connections,
maintaining andlor operating existing facilities, installing
protection and electrical disconnecting equipment, and other
equivalent minor work within local residential streets and
easements. Construction or replacement of new distribution
and transmission facilities, work within arterial or collector
roads or highways, or any other activity not construed to be
minor work will require individual permits.
Emergency work is defined as work necessary to repair
damage to existing facilities andlor reestablish service.
Work done under a blanket permit shall not require submittal
of detailed plans as required by section 12.30.050 unless
deemed necessary by the Director of Public Works/City Engi-
neer.
other public agencies may obtain a no fee preliminarv permit
in order to complete the review process and obtain any permit
requirements. Prior to any work being done under this prelim-
inary permit, the person or contractor that will perform the
work must obtain a right-of-way permit and pay all associated
permit fees and deposits.
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1 D. Applicants obtaining a permit for the purpose of installing
2 sewer laterals and making connection to existing sewer lines
3 will need to provide evidence (receipts) to the Director of
4 Public Workslcity Engineer showing that Sewer Capacity Fees
5 (paid to the Water Department) and Sewer Connection Fees (paid
6 to the Planning/Building Safety Department) have been paid for
7 the property being connected.
8 12.03.080 fIntentionallv Left Blankl
9 12.03.090 ENCROACHMENT FOR LANE CLOSURE
10 A. Closure of traffic lanes on arterial and collector streets as
11 designated in the City's General Plan Circulation Element
12 shall be avoided between the morning and evening peak hours to
13 accommodate traffic operations. Generally, the period from
14 7:00 am to 8:30 am constitutes the morning peak and the period
15 from 3:30 pm to 5:30 pm constitutes the evening peak. Peak
16 flow need only be addressed weekdays (Monday through Friday) .
17 B. Permits shall be required for excavations/encroachments that
18 will occur at the places and times specified in Paragraph A
19 and shall be assessed an additional fee, as determined by
20 resolution, for each day of the closure or operation.
21 C. Emergency closures shall not require an encroachment permit.
22 The ownerlcontractor completing the work shall notify the
23 Director of Public WorkslCity Engineer immediately by tele-
24 phone or telecopier or in person of such emergency closures.
25 As used in this section emergency means an actual, threatened,
26 or anticipated incident or situation which seriously threatens
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1 public, the ownerlcontractor shall pay the City actual costs
2 for traffic control officers, personnel or equipment dis-
3 patched to correct the traffic disruption. These actual cost
4 shall be over and above any blanket permit, lane closure or
5 after the fact permit issued.
6 D. All traffic lane closures shall follow the advance warning and
7 safety signing as required by the WATCH manual or other ap-
8 proved traffic control manual. Failure to comply with this
9 section shall constitute sufficient grounds for the City to
10 issue a stop work order.
11 E. Projects involving the use of "Rule 20" funds or being done at
12 the request of the City in relation to other ongoing City
13 projects are exempt from the provisions of this section.
14 12.03.100 INSPECTION AND PLAN REVIEW - DEPOSIT
15 A. Before excavation/encroachment permits are issued, a deposit
16 to cover the estimated cost of the inspection, plan review and
repairlreplacement costs shall be paid to the city. Franchise
holders who have repairlreplacement language within the fran-
chise agreement or who have previously undertaken all repairl
replacement obligations need only provide inspection and plan
review fees. Both inspection and plan review will be charged
as a percentage of the estimated construction cost with a
minimum basic fee to cover administrative costs associated
with the permit and plan review/inspections. Public utilities
performing work under a blanket permit, in lieu of providing
the inspection and plan review deposit, shall be billed quar-
terly for costs based on construction activities and plan
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reviews conducted for the public utilities, by the city, in
public rights-of-way and public places.
Plan reviews shall be submitted to the Department of Public
Works for review and comment. Two (2) plans shall be submit-
ted and no permits shall be issued or construction started,
until the plan review has been completed and plans approved.
No portion of the deposit for repairlreplacement costs shall
be returned until all work has been satisfactorily completed
and all markings, signs, conduits and systems are returned to
working order or replaced in kind. This shall also include
the removal of pavement markings made to locate underground
utilities and facilities and used by the contractor for con-
struction purposes. The street shall be returned to a condi-
tion that reflects no evidence of the construction activities.
Depending on the location of and direction of the excavation,
the contractor may be required to pave to limits of 2 feet
each side of the trench, from the curb to the first lane line,
a full lane width, a full half street section or the entire
street section should the trench be skewed or impact both
sides of the street. Surface treatments such as chip seal,
slurry seal may be considered based on the condition of the
street and area of the patch.
23 12.03.110 BONDS. INSURANCE. DEPOSITS
24 A. Except as provided in the Streets and Highways Code Section
25 1468, before an excavationlencroachment permit is issued, a
26 deposit in an amount of the estimated construction cost, as
27 determined by the Director of publ ic WorkslCi ty Engineer,
28 shall be paid to the city for damages and as indemnity for any
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I damages, which may be caused by the permitted excavation or
2 obstruction; or in lieu of such deposit, post security in a
form approved by the City Attorney. security shall indem-
nify the city for any damages and shall be further conditioned
upon the compliance by the applicant with all provisions of
this Chapter. Such deposit or security shall be for 100 per-
cent of the estimated construction cost, as determined by the
Director of Public Workslcity Engineer, to guarantee faithful
performance of all work, in a manner satisfactory to the City,
and that all materials and workmanship will be free from orig-
inal or developed defects. The deposit or security will
remain in effect until the end of all warranty periods set
forth in this Chapter. Changes in the work or extensions of
time, shall in no way release the applicant or surety from its
obligations.
Applicant shall furnish to the City a policy or certificate of
liability insurance in which the City is the named insured or
is named as an additional insured with the applicant. Fran-
chised utilities doing work with their own forces shall not be
required to submit insurance certifications or policies.
Notwithstanding any inconsistent statement in the policy or
any subsequent endorsement, the City shall be the insured or
as an additional insured covering the work whether liability
is attributable to the applicant or the City. The policy
shall insure the city, its officers, employees, and agents,
while acting within the scope of their duties on the permit,
against all claims arising out of or in connection with the
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1 work. Coverage shall be in accordance with the current edi-
2 tion of the Standard specifications for Public Works Construc-
3 tion (Green Book) section 7-3. The applicant shall indemnify,
4 defend, and hold harmless the City, its officers and agents
5 from all damages, costs or expenses in law or equity that may
6 at any time arise or be set up because of damages to property,
7 or of personal injury received by reason or in the course of
8 performing work, which may be caused by any willful or negli-
9 gent act or omission by the applicant, or any of the appli-
10 cant's employees or contractors. The City will not be liable
11 for any accident, loss or damage to the work prior to its
12 completion and acceptance.
13 All liability insurance policies shall bear an endorse-
14 ment or shall have attached a rider whereby it is provided
15 that, in the event of expiration or proposed cancellation of
16 such policies for any reason whatsoever, the city shall be
17 notified by registered mail, return receipt requested, giving
18 a sufficient time before the date thereof to comply with any
19 applicable law or statute, but in no event less than 30 days
20 before expiration or cancellation is effective.
21 The applicant shall be required, on the permit, to affirm
22 that they have a certificate of consent to self-insure, or a
23 certificate of Worker's Compensation Insurance, or a certified
24 copy thereof. (See 3800, Labor Code) or sign a certificate of
25 exemption from Worker's Compensation Insurance (work over $100
26 valuation). said certification shall certify the applicant
27 shall not employ any person in any manner so as to become
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performance of the work. After making such certification,
should the applicant become subject to Worker's Compensation
provisions of the Labor Code, applicant must forthwith comply
with same or the permit shall be deemed revoked.
Owner occupants or owner builders shall not be required to
provide said insurance certificates for work with a value
under $5,000.00. Owner occupants or Owner builders shall
however be bound by the provisions of Paragraph B as it re-
lates to indemnification and defense of the city and liability
for accident, loss or damage to property or for personal
injury. The Owner occupant's or the Owner builder's signa-
ture on the application will attest to their under-standing
and acceptance of the liability exposure for work done by
owner occupants or owner builders.
Owners or builders shall declare that they are exempt
from the Contractor's License Law and as the owner of the
property that they or their employees, with wages as their
sole compensation, will do the work and it is not intended or
offered for sale. Contractor's License Law does not apply to
an owner of property who builds or improves thereon and who
does such work themselves or through their own employees,
provided that such improvements are not intended or offered
for sale. If however, the improvement is sold within one year
of completion, the owner or builder will have the burden of
proving that they did not build or improve for the purpose of
sale.
Notwi thstanding any provision in this Chapter to the contrary,
a contractor who has been awarded a competitive bid by the
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City for a public project involving street excavation or cut-
ting shall not be required to file a bond or special deposit
under Section 12 03 110 to cover the cost of repairing or
replacement of street surface excavated or damaged, provided
that the contractor's bid documents or contract require that
they perform such street repair or replacement as a part of the
awarded project and that they so perform in a manner sat-
factory to the Director of Public Works/City Engineer and in
accordance with all provisions of this Section
E An agreement between the Redevelopment Agency and the City in
a form satisfactory to the City Attorney unconditionally
providing and guaranteeing that the agency provide and pay for
those excavations/encroachments and other costs required
pursuant to the provisions of this Section may be filed with
the Director of Public Works/City Engineer as security in lieu
of the bond, cash or certificate of deposit whenever the
excavations/encroachments are located in a redevelopment
project area and the agreement recites that the
excavations/encroachments are in compliance with the
redevelopment plan for the area and in furtherance of the
public interest in promoting public or private development
l2.03.120 NOTIFICATIONS AND GUIDELINES
A Twenty-four (24) hours prior to commencing any work within any
public right-of-way or public place, the applicant shall noti-
fy the Department of Public Works Field Engineering Section to
arrange for inspection service All work shall be performed
under the inspection and authority of the Director of Public
///
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Me-l004
1 Workslcity Engineer or their authorized representative and
2 shall comply with this Chapter and the policy concerning exca-
3 vationslencroachments
4 B. It is unlawful for any person to make any excavations in any
5 street or sidewalk without maintaining safe crossings for
6 vehicle traffic at all street intersections, alleys, and pri-
7 vate driveways, and safe crossing for pedestrians at intervals
8 of not more than three hundred feet.
9 If any excavation is made across any street or alley, at
10 least one safe crossing shall be maintained at all times for
11 vehicles and pedestrians.
12 Free access must be provided and maintained to all fire
13 hydrants and water valves.
14 l2.03.l30 COMPLETION OF WORK AND NON-CONFORMING WORK
15 A After work under the permit is commenced, the applicant shall
16 perform the work with due diligence, and so as not to obstruct
17 any street, alley, sidewalk or public place, or travel thereon
18 more than is actually necessary If the work is not so per-
19 formed, or jf the work does not, in the judgement of the Di-
20 rector of Public Works/City Engineer, comply with the terms of
21 this Chapter, the Director of Public Workslcity Engineer shall
22 notify the applicant, in writing, that the work is not per-
23 formed with due diligence, or that the work has not been prop-
24 erly done, and require the applicant, within three days after
25 service of such notice, to diligently proceed with said work
26 or properly complete the same. If the applicant fails to
27 comply with such notice, the Director of Public WorkslCity
28 Engineer shall do whatever work is necessary to restore the
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1 street, alley, sidewalk or public place to the same condition
2 as existed before work began.
3 The applicant shall be responsible for all costs incurred
4 by the City in the restoration and enforcement actions pursu-
5 ant to this section.
6 12.03.140 WARRANTY OF WORK - NOTICE - REPAIR BY CITY
7 A. The applicant shall warrantee the fitness of all work for the
8 period of one year, or as specified in franchise agreements,
9 after completion of said work against all defects in workman-
10 ship or materials. Whenever within said period of one year
11 any pubic improvement so warranted becomes in need of repairs,
12 by reason of any defect in workmanship or material, the Direc-
13 tor of Public WorkslCity Engineer shall serve on the applicant
14 written notice stating what repairs are necessary and requir-
15 ing such repairs to be made within three days after receipt of
16 said notice. If the applicant fails to comply with such no-
t7 tice, the Director of Public Works/city Engineer shall pro-
18 ceed to make such repairs.
19 The applicant shall be responsible for all costs includ-
20 ing materials, labor and administration necessary to repair or
21 replace defective work. Such funds shall be with-held from
22 the bonds or security deposit submitted by the applicant until
23 reimbursement is made or other acceptable arrangement for
24 payment has been established.
25 12.03.150 ABANDONMENT OF FACILITIES
26 A. When abandonment of existing facilities is contemplated, the
27 utility shall make every effort to utilize the current align-
28 ment and location for the proposed new facilities thereby
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1 preserving the available right-of-way. In the event this is
2 impractical or technically infeasible, the ownerluser shall be
3 responsible for the removal of the abandoned facility.
4 B. Abandoned facilities may be removed when new facilities are
5 installed or may be deferred until such time as the abandoned
6 facility conflicts with proposed new development or the in-
7 stallation of any new facilities. The owner shall coordinate
8 the removal and disposal of the abandoned facilities with the
9 contractor making the new improvements. The owner shall be
10 fully responsible for the disposal of the ducts, conduits,
11 conductors, pipes, fittings and all other portions of the
12 abandoned work and for any hazardous materials that may be
13 present in any of the abandoned facilities. Should contam-
14 ination be evident in the surrounding soils, the owner shall
15 investigate and mitigate the contamination.
16 C. The owner shall maintain records of such abandoned facilities
17 and shall show such abandoned facilities on any requests to
18 locate facilities when there is a reasonable expectation of
19 conflict with the proposed construction. Such facilities
20 shall be clearly designated as abandoned and upon request the
21 owner shall supply information on the material present.
22 12.03.160 PERMIT EXPIRATION
23 A. If after a permit has been issued pursuant to this Chapter,
24 and construction has not commenced within sixty days after the
25 date thereof or other date set forth in the permit, then such
26 permit shall become void. Before work commences the appli-
27 cant must obtain a new permit and pay the usual fee. Appli-
28 cant may request, in writing, that the Director of Public
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1 Works/City Engineer extend the permit time but such requests
2 shall be made prior to the 60 day expiration date. The re-
3 quest shall state the reasons for the extension, the duration
4 of the extension request and shall provide justi-fication for
5 not beginning the work within the first 60 days.
6 Deposits made on the value of the work may be released
7 upon request of the applicant after the applicant submits
8 evidence of the proper completion of the work or evidence that
9 the permit terminated prior to the commencement of the work.
10 Fees for plan review and inspections performed will not be
11 reimbursed nor applied to re-submittal for a permit for the
12 same area
13 B. Preliminary permits that have been issued to a public agency
14 under the provisions of this Chapter but for which an Excava-
15 tionlEncroachment permit has not been issued or work commenced
16 within one (l) year of issuance of the Preliminary Permit, or
17 other date set forth on the permit, shall become void. Re-
18 submittal of the preliminary permit will be required to reac-
19 tivate the process
20 c. Permits for encroachments into the public right-of-way shall
21 not be granted for any period longer than thirty days.
22 l2.03.l70 VIOLATION - PENALTY
23 A. Any person violating any provision of this Chapter is guilty
24 of a misdemeanor, which upon conviction thereof is punishable
25 in accordance with the provisions of section l.l2 OlO of this
26 Code The enforcement of the penal provisions in this Section
27 shall not bar the city from pursuing any other remedies per-
28 mitted by law."
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1 SECTION 2 Chapters l2 04 and 12.08 of the San Bernardino Mu-
2 nicipal Code are hereby repealed in their entirety.
3 IIII
4 II1I
5 IIII
6 IIII
7 II1I
8 I111
9 II11
10 IIII
11 111I
12 1I1I
13 IIII
14 III1
15 II11
16 II1I
17 IIII
18 IIII
19 1111
20 II1I
21 IIII
22 IIII
23 1111
24 IIII
25 IIII
26 IIII
27 IIII
28 II1I
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Me-1004
1
2
3
4
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY RE-
PEALING CHAPTERS 12.04 AND 12.08 OF THE SAN BERNARDINO MUNICIPAL
CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCE-
DURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO
PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12.03 ENTITLED "RIGHT-OF-WAY
PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS."
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
6 by the Mayor and Common Council of the city of San Bernardino at a
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
;oint regular
20th
day of _
meeting thereof, held on the
October
, 1997, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
ARIAS X
OBERHELMAN X
DEVLIN X
ANDERSON X
MILLER X
Q~~
'RACHEL CLARK, City Clerk
of
The foregoing ordinance is hereby approved this ?lst day
October , 1997.
~rx~f-~UK
, TOM MINOR, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25 James F. Penman
26 ::tY(fttorney
27
28
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1
2
3
4
5 12.03.010
6 12.03.020
7 12.03.030
8 12.03.040
9 12.03.050
10 12.03.060
11 12.03.070
12 12.03.080
13 12.03.090
14 12.03.100
15 12.03.110
16 12.03.120
17 12.03.130
18 12.03.140
19 12.03.150
20 12.03.160
21 12.03.170
22
23
24
25
26
27
28
CHAPTER 12.03
RIGHT-OF-WAY PERMITS
EXCAVATIONS AND TEMPORARY ENCROACHMENTS
Findings
Definitions
Notice to Disconnect or Remove
Power to Regulate
Noninterference with Franchise Rights
Permit Application
Fees
[Intentionally Left Blank]
Encroachment for Lane Closure
Inspection and Plan Review - Deposit
Bonds, Insurance, Deposits
Notifications and Guidelines
Completion of Work and Non-conforming Work
Warranty of Work - Notice - Repair by City
Abandonment of Facilities
Permit Expiration
Violations - Penalty
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