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ORDINANCE NO. 742 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE ARTICLE VII, CHAPTER
3, STREET EXCAVATIONS, PART 1, ENCROACHMENTS.
BE IT ORDAINED by the'Council of the City of San Luis Obispo as follows:
SECTION 1. Municipal Code Article VII, Chapter 3, Street Excavations,
Part 1, is hereby amended to read as follows:
(See attached text.)
SECTION 2. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage,
in the Telegram - Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days after
its said final passage.
INTRODUCED AND PASSED TO PRINT this 3rd day of January , 1978,
on motion of Mayor Schwartz seconded by Councilman Settle and
on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
ATTEST:
Ci erk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
C' Adminis tive Officer T
City E neer
Director of lrublic Services/
Associate Administrative Officer
0 742
ARTICLE VII, CHAPTER 3
STREET EXCAVATIONS
PART 1, ENCROACHMENTS
SECTION 7310.1. ENCROACHMENT DEFINED.
As used in this chapter, "encroachment" includes any structure or object
of any kind or character placed, without authority of law, either in, under
or over any place mentioned in Section 7310.2.
SECTION 7310.2. EXCAVATIONS RESTRICTED.
It is unlawful for any person to make any excavation or to place any
structure or object of any kind or character, in, under, or over any City
road, highway, alley, street, avenue, place, sidewalk, path, walk, park,
plaza, boulevard, or any other public place in the City, except in the
manner and mode provided in this chapter.
SECTION 7310.3. PERMIT APPLICATION. INFORMATION REQUIRED.
Any person desiring to excavate, or to place any structure or object
of any kind or character in, under or over any place mentioned in Section
7310.2, shall file a written application, in triplicate, with the City
Engineer. The application shall be in the form prescribed by the City
Engineer, and shall give the following information:
(a) Estimated cost: Estimated cost of repairing damage to the road
or other public place caused by the excavation.
(b) Specifications: Specifications covering said excavation.
(c) Location: Location of the excavation.
(d) Time required to complete: Estimated time necessary to complete
the excavation.
(e) Necessity for excavation: The necessity for excavating in a public
road or place.
(f) Other information as may be required by the City Engineer.
SECTION 7310.4. MAP OF LOCATION AND WORK.
The City Engineer may, if he deems it necessary, require applicant to
file a plan with each application showing the location and extent of the
work proposed to be done.
SECTION 7310.5. DEPOSIT.
A deposit of One Thousand Dollars ($1,000.00) shall be deposited by the
applicant prior to the issuance of an excavation permit. Said deposit shall
be either cash, cashier:'s check, certified check, certificate of deposit or
a surety bond issued by a company authorized to do business in the State
of California. If, in the opinion of the City Engineer, the estimated
road or public place damage will exceed One Thousand Dollars ($1,000.00),
he may require that the deposit be made in the amount of the estimated
damage. All deposits shall remain in force for a period of one year from
the date of issuance of the permit.
SECTION 7310.6. PERMIT APPROVAL OR DENIAL.
Upon receiving an application to excavate, or to encroach at any place
mentioned in Section 7310.2, the City Engineer shall either approve or
reject it. If the application is approved, the City Engineer shall cause
the deposit, if any, to be paid into the City Treasury and /or such surety
bond, if any, to be deposited with the Director of Finance, and shall issue a
written permit authorizing the excavation and /or encroachment, which permit
shall embody and be subject to all the conditions hereof, and to such fur-
ther conditions as the City Engineer deems for the best interest of the
City on each application. In the event the application is denied, any
deposit made or bond submitted in connection therewith, shall be forthwith
returned to the applicant provided that the applicant, if dissatisfied
with such rejection, may make a similar application to the City Council.
SECTION 7310.7. PERMITS FROM OTHER AGENCIES.
It shall be the duty of any person making any excavation in any highway
or other public place in the City, to procure all permits and licenses, pay
all charges and fees, and give all notices necessary and incidental to the
due and lawful prosecution of the work as required by agencies other than
the City.
SECTION 7310.8. SAFETY REQUIREMENTS.
It shall be the duty of any person making any excavation in any high-
way or other public place in the City, to place and maintain lights at
each end of the excavation, and at distances as required by the City
Engineer along the lines thereof, from sunset of each day to sunrise of
the next day, until the excavation is entirely refilled; and such person
shall safeguard the excavation by such barriers, signs and measures, as
may be necessary and proper in each case to provide for the safety of
persons, animals and vehicles using such public roads or other public place;
provided further, that such safety measures shall be taken in encroachments
permitted hereunder, as shall be prescribed by the City Engineer and set
out in the permit granted. Permittee shall be responsible to obtain any
permits that may be required by the State Department of Safety & Welfare.
SECTION 7310.9. WORK TO BE PROSECUTED WITH DILIGENCE.
After the excavation or other encroachment is commenced as permitted
hereunder, the same shall be prosecuted with due diligence from day to day
until completed, and so as not to obstruct the highway, public road or
other place more than is reasonably necessary.
SECTION 7310.10. REMEDIAL MEASURES.
If the excavation or encroachment is not done in the manner and within
the time required by any of the provisions hereof, or the permit issued
hereunder, the City Engineer shall notify the permittee in writing, and
if the defect is not remedied within five (5) days, the City Engineer shall
cause the defect to be remedied in the proper manner and shall restore the
road or other public place to its original condition; provided, however,
if the defect constitutes an immediate danger to the public health, safety
or welfare, the City Engineer shall have authority to immediately remedy
the defect.
SECTION 7310.11. COST OF COMPLETING WORK OR REMEDYING DEFECTS.
Whenever it is necessary for the City Engineer to remedy any defect
in any work permitted hereunder, the cost of remedying the defect shall
be deducted from the permittee's deposit, and the balance, if any, remain-
ing after the deduction shall be returned to the permittee, provided that
if the deposit is insufficient to cover the cost of the work, the permittee
shall be liable to reimburse the City for the cost to it of remedying the
defect in excess of the amount of the deposit, which shall be due and pay-
able upon the permittee being furnished with a written statement of the
amount due.
SECTION 7310.12. DEPOSIT REFUND.
Upon satisfactory completion of all the terms and conditions of an
encroachment permit, the City Engineer shall issue a certification to
this effect to the Director of Finance. Upon receipt of such certification
and after the expiration of the one year period established by Section
7310.5, the Director of Finance shall be authorized and directed to return
the cash deposit or bond posted by the permittee to the permittee without
further resolution by the City Council.
SECTION 7310.13. PERMITTEE'S LIABILITY.
Each permittee is solely responsible for any damage or liability
occurring by reason of anything done or omitted to be done by permittee
or his agent, employee, servant or subcontractor, or in connection with
any work, authority, or jurisdiction, delegated under any permit issued
as a result of an application; and each permittee shall indemnify and
save harmless the City, its officers, agents, employees or servants from
any and all loss and liability resulting from any claims made by reason
of or in connection with any work done under the authority of or as a
result of any permit issued hereunder.
SECTION 7310.14. PERMIT CONTENTS.
All the terms and conditions of this Chapter shall be incorporated by
reference and implication into any permit issued hereunder.
ORDINANCE NO. 742
FINALLY PASSED this 17th day of January 19-ZL,
on motion of Councilman Jorgensen seconded by
Councilman Settle on the following roll call vote:
AYES: Councilmen Jorgensen, Dunin, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
J. . Fitzpatrick, CITY CLERK