5582ORDINANCE NO. 5582
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 12.12 OF TITLE 12 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO RIGHT-OF-WAY
CONSTRUCTION PERMITS AND IMPOSING FEES FOR
SUCH PERMITS AND AMENDING SECTION 12.24.030
OF CHAPTER 12.24 OF TITLE 12 OF THE ANAHEIM
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1•
That Chapter 12.12 of Title 12 of the Anaheim Municipal Code
be, and the same is hereby, amended in its entirety to provide as
follows:
"12.12.010 EXCAVATION WITHIN PUBLIC RIGHT-OF-WAY -
PERMIT REQUIRED
It shall be unlawful for any person, firm or
corporation to excavate within, obstruct in any manner, or place
any temporary or permanent structure within, any public right of
way or easement, including any right-of-way or easement offered
to the City, including but not limited to any street, alley,
sidewalk, or public utility easement (hereinafter street) unless
such person, firm or corporation possesses a written Right -of -Way
Construction Permit from the Director of the Public Works
Department (hereinafter Director). The provisions of this
paragraph shall not apply to any person, firm or corporation
undertaking emergency repairs to existing facilities when said
person, firm or corporations complies with the provisions of
Section 12.12.070.
12.12.020 RIGHT-OF-WAY CONSTRUCTION PERMITS - APPLICATION
.010 Application for a permit shall be made in
writing to the Director upon forms furnished by the Director.
The application shall describe with specificity the location of
the proposed excavation or obstruction. A detailed plan of the
proposed work shall be included, except in the case of the
operation and maintenance of existing facilities. The application
shall identify the authority by which the applicant is entitled
to locate facilities in the public street. The application shall
be signed by the applicant or the authorized agent of the
applicant.
.020 Upon receipt of an application, the Director
shall:
.010 Determine whether additional information
is required and request such information of
the applicant.
.020 Determine the applicability of, and the
amount of the fee imposed by, Section
12.12.040.
.030 Determine the amount of the deposit required
by Section 12.12.050.
.040 Determine the amount of the security
required by Section 12.12.060.
.050 Determine any conditions necessary to
to protect the public and property.
12.12.030 RIGHT-OF-WAY CONSTRUCTION PERMITS - ISSUANCE
.010 Upon receipt of the fees and deposits and the
posting of the security, the Director is authorized to issue the
Right -of -Way Construction Permit subject to such conditions as
the Director shall impose to protect the public and property,
including conditions set forth on the permit form. The permittee
shall retain the permit at the site of the work and present it to
City personnel upon demand.
.020 Public utilities approved by the Director may
obtain Right -of -Way Construction Blanket Permit for minor work.
The Right -of -Way Construction Blanket Permit shall expire one
year from the date of issuance. The cost of the Blanket Permit
shall be as established by the City Council. Detailed plans shall
not be required for work performed under a Blanket Permit.
.030 "Minor work" includes cable location and repair;
construction modification or abandonment of service connections;
maintenance or operation of existing facilities; installation of
protective and electrical disconnection equipment; and similar
minor work in local streets and easements. Construction or
replacement of distribution or transmission facilities, work
within arterial highways (as shown on the City General Plan), or
other work not included as minor work may not be performed under
a Blanket Permit.
.040 Public entities may request a Preliminary
Evaluation to complete the review process and obtain permit
requirements for inclusion in contracts the public entities may
undertake or award. The contractor or public entity shall secure
a Right -of -Way Construction Permit prior to undertaking the work.
The fee for the Right -of -Way Construction Permit shall include
the cost to the City to prepare the Preliminary Evaluation.
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12.12.050 INSPECTION AND PLAN REVIEW - DEPOSIT
Prior to issuance of a permit, a deposit in an amount
sufficient to cover the estimated cost of plan review and
inspections shall be made. The Director may, in the case of a
public utility holding a Blanket Permit, upon receipt of a
written promise by the utility to pay such fees, permit the
public utility to pay such fees on not more than a quarterly
basis. No subsequent Blanket Permit shall be issued to a public
utility until fees for the prior quarter have been paid.
12.12.060 DEPOSIT OR BOND REQUIRED
A cash deposit, bond, or other security (approved by
the City Attorney) in an amount determined by the Director shall
be paid or posted to cover damage to City property, as indemnity
for damages sought by third parties, or to complete work left
unfinished by the permittee. Any such security shall be approved
as to form by the City Attorney. By acceptance of the permit,
the permittee does indemnify the City of Anaheim, its officers
and employees against any and all liability, excepting liability
arising through the sole negligence of the City, its officers and
employees arising from the work undertaken within the City right-
of-way. The security shall be further conditioned upon the
compliance by the permittee with all provisions of this chapter
and any applicable laws. Any permit issued shall contain
provisions referring to these conditions. Public utilities which
have posted a bond as a condition of a franchise to occupy City
of Anaheim streets shall be exempt from the provisions of this
Section.
12.12.070 NOTIFICATION AND GUIDELINES
Except for emergency work, not less than twenty-four
(24) hours prior to commencing any work, the permittee shall
notify the Department of Public Works Field Engineer. All work
shall be performed subject to the inspection of the Field
Engineer and shall comply with this Chapter, all applicable laws,
and any guidelines adopted by the Director. Emergency work may be
performed without complying with this Section provided that an
application for a permit for the work shall be filed within 48
hours of commencement of the work. The Field Engineer shall be
notified of the emergency work at the earliest possible time.
12.12.080 WORK TO BE DILIGENTLY PROSECUTED - WORK NOT CONFORMING
TO CHAPTER - COMPLETION OF WORK BY CITY
After commencement of work, the work shall be
prosecuted with due diligence to completion, and in a manner so
as not to obstruct any street or travel thereon more than is
necessary. If the work is not so prosecuted, or if the work does
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not, in the judgment of the Director, comply with the terms of
this chapter, the Director shall notify the permittee, in
writing, and require the permittee, within such time as allowed
by the Director, to take such corrective measures as may be
determined by the Director. Upon failure of the permittee to
undertake such corrective measures, the Director may complete or
cause to be completed, at the expense of the permittee, whatever
work is necessary to restore the street, alley, sidewalk, or
easement. No notice to the permittee shall be required when, in
the judgment of the Director, a hazard to the public exists.
12.12.090 WARRANTY OF WORK - NOTICE - REPAIR BY CITY
The permittee shall be deemed and held to warrant all
work for the period of one year after completion against all
defects in workmanship or materials. Whenever within said period
any public improvement so warranted becomes in need of repairs,
by reason of any defect in workmanship or material, the Director
shall serve on the permittee written notice of the necessary
repairs and the time to complete such repairs. If compliance with
the notice is not had, the Director is authorized to repair or
cause to be repaired such defects at the expense of the per-
mittee.
12.12.100 DEDUCTIONS FROM DEPOSITS
.010 The Director shall deduct the cost of all
inspection and plan review and the cost of any work done and
repairs made by or at the order of the Director pursuant to
Section 12.12.080 and Section 12.12.090, from any of the
permittee's deposits. The balance of such deposits shall be
refunded to the permittee. If the deposit is insufficient, the
Director shall take such steps as may be necessary to recoup the
amount of the insufficiency. The City may apply any other funds
of the permittee to recoup the insufficiency.
.020 The calculations of the Director as to the cost of
any work done or repairs made by the City under the provisions of
this chapter shall be final and conclusive.
.030 The Director shall keep an accurate account of all
fees paid, refunds made, the name of the payor/payee, and the
date and amount of each payment.
12.12.110 PERMIT EXPIRATION
.010 A Right -of -Way Construction Permit shall expire
after the later of the date set forth in the permit or sixty days
if the work has not commenced. In the event of expiration of a
permit prior to commencement of work, a new permit shall be
secured before work may proceed.
.020 A Preliminary Evaluation shall expire after the
expiration of the later of one year or the time set forth in the
Evaluation, if a Right -of -Way Construction Permit has not been
issued.
12.12.120 REVOCATION OF PERMIT
.010 The Director may revoke a Right -of -Way
Construction Permit:
.010 Immediately, when the work is being done in a
manner inimicable to public health or safety.
.020 After written notice to the permittee
of any violations of law or requirements or
conditions of the permit (which do not pose
an immediate danger to the public health or
safety) if the permittee shall fail to remedy
the violation within the time specified in the
written notice."
SECTION 2.
That Section 12.24.030 of Chapter 12.24 of Title 12 of the
Anaheim Municipal Code be, and the same is hereby, amended to
provide as follows:
1112.24.030 PERMIT REQUIRED
Before commencing construction within rights-of-way,
streets, alleys or easements, every person, firm or corporation
shall obtain a permit pursuant to the provisions of Chapter
12.12."
SECTION 3: SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
or the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination of any such portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or
amendment of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
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of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5: PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Punishment for violation of this
ordinance shall be as prescribed by section 1.01.370 of the
Anaheim Municipal Code.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 19th day of November ,
1996.
MAYOR OF THE CITY OF AN IM
ATTE
ITY CLERK OF THE CITY OF ANAHEIM
0012117.07\mslaught\June 5,1996 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5582 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 5th day of November, 1996, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 19th day of November, 1996, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5582 on the 19th day of November, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 19th day of November, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5582 and was published once in the North County News on
the 28th day of November, 1996.
CITY CLERK OF THE CITY OF ANAHEIM