HomeMy WebLinkAboutORD-25-80 PROVIDES FOR PERMITS FOR REMOVAL AND ENCROACHMENTS FROM THE CITY STREETS BY THE DIRECTOR OF PUBLIC WORKSORA:1Gr: (; [',:"{ Nl;'WS: Please publish Wednesday, April 23, 1980 only an,! e""..d
PROOF and PROOF OF PUBLICATION to City Clerk, P.O. Box 4t,9, Orange, r;alif-
ornia 92666.
T I I
M'!Ellin J '. J.e_'ls-'!.'!.l.l,,-iy. r,le.rk ,___
ORDINANCE NO. 25-
80 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADDING
SECTIONS 12.64.010 THROUGH 12.64.220 TO
THE ORANGE MUNICIPAL CODE TO PROVIDE
FOR PERMITS FOR ENCROACHMENTS AND FOR
THE REMOVAL OR ENCROACHMENTS FROM THE
CITY STREETS BY THE DIRECTOR OF PUBLIC
WORKS FOR THE PROTECTION OF THE
PUBLIC.WHEREAS, the City Council of the City of Orange
takes cognizance of the hazards that are possible on public
streets because of encroachments thereon;
and WHEREAS, the California Streets and Highways
Code,Sections 1480 et seq., provides for the removal of
encroach-ments on County highways;
and WHEREAS, the City Council of the City of Orange
desires to provide as much protection on the City streets as
are provided for on the County highways;
and WHEREAS, Section 370 of the California Penal
Code recognizes an unlawful obstruction of the free passage
or use of a public street as a public nuisance;
and WHEREAS, the City Council of the city of Orange
also concurs with the State law that treats encroachments on
the City streets as public nuisances, and so finds and
determines;
and WHEREAS, the City council of the City of Orange
desires to provide, pursuant to Government Code Section 38773,
for the summary abatement of such public nuisance as so
declared and also desires to make the expense of abatement of
nuisance a lien against the property constituting an encroachment
and a personal obligation against the property owner of
said encroaching
property.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:Section
I:Chapter 12.64, Sections 12.64.010 through 12.64.
220,is hereby added to the Orange Municipal Code to read
as
follows:Chapter 12.
64 OBSTRUCTIONS TO CITY
STREETS Section 12.64.010
Definitions.For the purpose of this chapter, the words defined
in this section shall have the meanings assigned to them
as
follows:A. "Encroachment" means any physical obstruction
and includes any structure or object of any kind or
character placed, without the authority of law, either in,
under or over any City
r
c.
Encroachment Permit - shall mean Director
of Public Works for the within
public rights-of-
way.Permittee - shall mean any person firm corporation,
pub~ic util~ty or public agency d~sirin~ to obtain or
hav~~g obta~ned an encroachment permit as defined
here~n.
a permit issued by the
purpose of encroaching
B.
D. Public Agency - shall mean any city, county, public corporation
or public district established through due process
of law.E.
Public Im~rovements - Include street improvements,storm dra~
nage, sewer, water, landscaping and other related improvements
which the city will maintain upon completion.F.
Public
street - includes all or any part of the entire width of public
right-of-way of a city Street, whether or
not such entire area is actually used for street purposes.
ii
t
I
I
I
G.
Public utility - shall mean private corporations authorized by
law to establish and/or maintain any works or
facilities in, under or over any public street.This chapter
shall not limit the powers and duties vested by
law in the Public utilities Commission of the State, and
in the event of any conflict, the Public utilities commission
rules shall govern.H. Right-
of-way - shall mean land which by deed, conveyance,agreement,
easement, dedication, usage or process of law
is reserved for and dedicated to the general public for
street highway, alley, pedestrian walkway, storm drainage
or other purposes.12.
64.020 Permit Required No
person shall cause, place or maintain an encroachment in
a public street without having first obtained a permit
to do so from the Director of Public Works or his
authorized agent unless explicitly exempted by Section
12.64.030 "Exemptions from Permit Requirement".12.
64.030 Exemptions from Permit Requirements The
provisions of this chapter shall not apply to officers
or employees of the city acting in the discharge of
their official duties. The provisions of this chapter
shall not prevent any public utility from maintaining
any facility lawfully on or under any pUblic
street, or from making emergency excavations as may
be necessary for the preservation of life or property.12.
64.040 Permit Application and Procedures A.
General _ Application for encroachment permits may be obtained
at the office of the Director of Public Works.
Permit application forms and processing procedures shall
be as established by the Director of Public Works.
B.
Plans _ The Director of Public Works may require such plans
and details as deemed necessary to determine the 2 -
I.-1 exact
loca~ion, nature, dimensions, duration and purpose of
the des~red en7roac~ment. Improvement plans prepared by
or under, the d~rect~on of a registered civil engineer may
be requ~red by the Director of Public Works when deemed
necessary. The form and content of all plans shall
be in accordance with standards approved by the Director
of Public Works.C.
Documents - When required by the Director of Public Works, t~
e permitte7 shall provide detailed engineering calculat~ons
for wh~ch the design of any public improvements are based.
D. Consent
of Public Agencies, Utilities, or Ad'acent Property Owners -
T e app ~cant s a e respons~ Ie for securing the
consent of any other public agencies which may be
required or for permission from adjacent property owners for
construction outside of the permittee's property boundary. Evidence
of any required consents in a form
satisfactory to the Director of Public Works shall be submitted
with the permit application. The applicant shall be
responsible for coordinating his work with the
City and other public agencies as required.12.64.050
Action by the Director of Public Works A. Approval - Upon
finding the requested permit conforms to the provisions of
this chapter and other applicable provisions of the Orange
Municipal Code, the Director of Public Works or
his authorized agent may issue the permit.B. Denial - If
the
Director of Public Works finds that the requested permit is in conflict
with any provisions of this chapter or any other
applicable provisions of the Orange Municipal Code, the Director
of Public Works or his authorized agent shall deny
the permit.12.64.060 Conditions of
Permit Approval The Director of Public Works,
in issuing an encroachment permit may impose reasonable requirements
or conditions upon the use of the
permit as may be necessary to insure the adequate and safe
use of the public right of way and as may be
necessary to insure public property is restored to a condition
equal to or better than that which existed prior to the
encroachment.12.64.070 Appeal of
the Director of Public Works Action If any applicant is dissatisfied
with decisions,o~ the Director of Public Works in
respect to the cond~tlons of approval they may appeal
su7h de7i~ion to the ~ity Council. The appeal shall be ~
n wr~t~ng to the C~ty Clerk and shall set forth
the basis of the appeal.The City Clerk shall schedule
t~e appeal,for consideration by the City Council at
the earllest poss~ble regular City Council meeting.3-
I,...jIIlIi
The CitY,C~uncil may modify, delete, or add to any of
the cond~tl~ns set forth by the Director of Public
Works; prov~ded the Council's action is consistent with
the provisions and spirit of this chapter and the
general welfare and safety of the public.
12.64.080 Permit Term
The term of the permit shall be as set forth in the
approved permit. A permit for maintaining an encroachment
may be granted by the Director of Public Works for a
period not to exceed six (6) months from the date of
issuance. A permit for maintaining an encroachment for
a,period of over,six (6) months may be granted by the
D~rector of Publ~c Works provided the City Council
approves, by resolution, such encroachment. The Director
of Public Works may terminate a continuing permit by
written order mailed fifteen (15) days prior to the
date of termination. The permit term may be renewed or
extended at the discretion of the Director of Public
Works.
12.64.090 Revocation of Permit
Any encroachment permit may be revoked at any time at
the option of the City Engineer, whenever:
a. It appears to him that the continuing allowance of
the encroachment, whether because of changed
conditions or otherwise, interferes with full,
adequate or safe public use of the right-
of-way
involved; or b. The permittee fails to comply with or
violates any city ordinance, city standards,
safety regulations,or any condition of the issuance of
the permit.Upon revocation of the permit, the
permittee shall immediately restore the public right-of-
way to a condition as required by the Director of
Public Works. If the restoration is not completed
within the time specified by the Director of Public Works, the
City may take any and all necessary action so
required to restore the right-of-way. Any and
all costs incurred by the City for enforcement of this
section shall be at the expense of the permittee. Cost
incurred by the City will be deducted from any
deposits posted by the permittee and
if necessary recovered by legal action.
12.64.100 Display of permit The permittee shall
keep any permit issued pursuant to this chapter at the site of the
work, or in the cab of a vehicle when movement
on a public street is involved.The permit shall
be shown to any authorized representative of the Director
of public Works
or law enforcement officer on
demand.12.64.110 Encroachment Fees A.General _ Prior to the issuance of
a permi~ the,a~p~icant shall pay all fees provided herein ~
r Publ~c ut~llt~es and public agencies may, at
the opt~on
1
of Public Works, make payments for the fees billed by
the City instead of by advance permit.
B. Inspection Fee - The amount of the inspection fee shall be
the actual cost of such inspection of the City as estimated
by the Director of Public Works.12.
64.120 Required Deposits Prior
to issuance of a permit, tte permittee shall deposit
with the City cash, or a certified or cashier's check,
in a sum to be fixed by the Director of Public Works
as sufficient to reimburse the City for costs of restoring
the right-of-way tc its former condition
and for the cost of
insoection.12.64.130 Permittee
Liability Permittee shall agree to hold the City, its
officers,and employees harmless from any and all
liability,claims, suits or actions for any and all damages
alleged to have been suffered by any person or property
by reason of the permittee's installation,
operation,maintenance or removal of the
encroachment.12.64.140 Acceptance of Permit by the
Applicant Acceptance by the applicant of the permit shall
be conclusive evidence of the reasonableness of the
terms imposed and shall constitute a waiver of any right
to legislative determination
thereof.12.64.150 Non-assignment
of Permit Permits shall be issued only to the
person making application and may not be assigned to
another person by the permittee. If any permittee assigns
his permit to another, the permit will
be revoked.12.64.160 Changes in Permit
and Work No changes may be made in the
location, dimension,character, or duration of the encroachment or
use as granted by the permit except use as granted
by the permit except upon written authorization of
tte Director of
Public Works.12.64.170 Authority to
Remove Encroachments If there is no valid permit for an encroachment,
or if the terms of the permit are not complied
with, the Director of Public Works, or his designee,
may immediately summarily abate, remove, or by notice may
require the removal of any of the
following
encroachments:
A.
B.
C.D.An encroachment which obstructs or
prevents the use of a City street by
the public.Any encroachment which consists of
refuse, trash,garbage construction debris, or
containers for refuse,'trash, garbage, or
construction debris.An encroachment which is a
traffic hazard.An encroachment which is an advertising
sign or device of
any description.5 -
The,Director of Public Works may return such encroachment
to ~ts owner, or otherwise dispose of it in his discretion
xcept tha~ if the Director of Public Works determines '
n ~ood fa~th that the encroachment is of more than
nom7nal value, he shall not effect such other disposition
unt71 he has made a reasonable attempt to identify and
not~fy the o~ner of the encroachment and provided a
reasonable t~me for the owner to retrieve it under
provisions of this chapter. The return of such encroachment
may be conditioned upon payment of an amount sufficient
to reimburse the City for the expenses of removal and
storage. The Director of Public Works may recover from
the person causing any of the above encroachments in
an action brought in the name of the City for tha~
purpose, the Court costs of the City, the expense of
such removal, and any other damages caused by the
encroachment.
12.64.180 Notice to Remove Encroachment
The Director of Public Works may, by notice, require
the removal of any other encroachment not specified in
Section 12.64.170 from any City Street, if there is no
valid permit for an encroachment or if the terms of the
permit are not complied with.
12.64.190 Service of Notice; Contents
The notice referred to in sections 12.64.170 and
12.64.180 shall be served upon the occupant or owner of
the land, or the person causing, controlling or owning
the encroachment, or shall be left at the place of
residence of such occupant, owner or person if he
resides in Orange County and is known to the person
giving such notice. If the person upon whom notice is
to be served does not reside in Orange County, the
notice shall be posted on the encroachment. The notice
shall specify the breadth of the highway, the place and
extent of the encroachment, and shall require the
removal of such encroachment within ten (10) days.
12.64.200 Action for Abatement of Encroachment
If the property owner denies that an encroachment
exists, and the owner or occupant of the land, or the
person causing, owning or controlling the alleged
encroachment refuses either to remove it or permit its
removal, the city shall commence, in any court of .
competent juriSdiction, an action in declaratory rel~ef
and abatement in the name of the city.
12.64.210 Removal of Encroachment at Owner's Expense
If the property owner fails to deny that an encroachment
exists and if the encroachment is not removed within
ten days from and after service or posting of the
notice, the City may remove the encroachment at the
expense of the owner of the encroachment or at the
expense of any other person causing the encroachment to
exist.
12.64.220 Violation - Infraction Any
person violating ~ny of the ~rovisi~ns of this ordinance
shall be gu~lty of an ~nfract~on and, upon conviction
thereof, shall be subject to (1) a fine of 6-
II.-11 fifty
dollars ($50) for a first violation; (2) a fine of
one hundred dollars ($100) for a second violation of this
ordinance within one year; (3) a fine of two hundred
fifty dollars ($250) for each additional violation
of this ordinance within one year.SECTION
II:If
any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each
section, subsection, sentence, clause and phrase thereof,irrespective
of the fact trat anyone or more sections,subsections,
sentences, clauses or phrases be declared invalid
or unconstitutional.SECTION
III:This
ordinance shall be published once within fifteen 15)
days after its passage in the Orange City News, a newspaper
of general circulation, published and circulated in
the City of orange, and shall take effect thirty (30)days
from and after the date of its final passage.ADOPTED
this 15th day of April 1980.Q -.
L..et/ "'E;Mayorof
the City of Orange ATTEST:0- {
i!-
l'.~e,." r-City Cler of
tf(e ci ofOrange STATE OF CALIFORNIA)
COUNTY OF ORANGE )
ss CITY OF ORANGE )
I, MARILYN J.
JENSEN, City Clerk of the City of Orange, California,DO HEREBY CERTIFY
that the foregoing ordinance was introduced at a regular meeting of the
City council held on the 8th day of April, 1980, and there-after at a
regular meeting of said City Council duly held on the 15th day of April, 1980,
was duly passed' and adopted by the follwing vote, to wit:AYES: COUNCILMEN: BARRERA,
SMITII. MAYOR ROYT, PEREZ. BEAM.NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: NONE.
WITNESS my hand
and seal this 16th day Of~ 9-~Marilyn J.
Jenaen
City Clerk of
the City of Orange 7 -