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HomeMy WebLinkAboutMC-1004 Adopted: October 20, 1997 Effective: November 20, 1997 1 ORDINANCE NO MC-1004 2 3 4 5 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. 14 B. Increased usage of the public right-Of-way has created conges- 15 16 17 c. 18 19 20 21 22 23 24 D. 25 26 27 28 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. -2- Me-l004 -- 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. 1 E. 2 3 4 5 6 F. 7 8 9 10 G. 11 12 13 14 15 -3- Me-l004 1 E. 2 F. 3 4 5 6 7 G. 8 9 10 11 12 H. 13 14 15 I. 16 17 18 19 20 21 J. 22 23 24 25 26 27 28 "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. -4- Me-l004 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. 28 IIII -5- Me-l004 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. 28 IIII -6- Me-l004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. IIII IIII -7- Me-l004 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 12 A. 13 14 15 16 17 18 B. 19 20 21 22 23 24 25 c. 26 27 28 IIII 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. 26 27 28 Me-l004 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: -9- Me-1004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E. 27 28 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. -10- 1 F. 2 3 4 5 6 7 8 9 G. 10 11 12 H. 13 14 15 16 17 18 19 1. 20 Me-l004 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. 28 IIII -ll- 1 B. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 c. 23 24 25 26 27 28 IIII Me-l004 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. -12- Me-l004 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 27 the public health and safety. In the event such emergency 28 closures present a hazard or serious impact on the travelling -13- - Me-l004 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 17 18 19 20 21 22 23 24 25 26 27 28 IIII -14- Me-l004 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 -15- 1 2 3 B. 4 5 6 7 c. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Me-1004 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 B. 17 18 19 20 21 22 23 24 25 26 27 28 IIII -16- Me-l004 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 28 subject to the Worker's Compensation Laws of California in the -17- 1 2 3 4 5 c. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 D. 28 Me-l004 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 -18- Me-l004 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /// -19- L 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 -20- Me-l004 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 -21- Me-l004 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 -22- Me-l004 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." -23- Me-l004 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 -24- 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 -25- Me-l004 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 -1-