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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. 2 I 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 3 I 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 6 I 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