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HomeMy WebLinkAboutOrd 914-1982 ORDINANCE NO. 914-82 AN ORDINANCE REPEALING ORDINANCE NUMBERS 78, 140 AND 260 AND CHAPTER 13.04 OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND ADDING CHAPTER 13.04 ENTITLED "EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. ORDINANCE NUMBERS 78, 140 AND 260 AND CHAPTER 13.04 REPEALED. Ordinance No. 78 entitled "An Ordinance regulating the digging up and disturbances of roadways and sidewalks in the public streets, lanes, alleys and public places in the City of South San Francisco; regulating the refilling and repair of disturbed streets and the roadway thereof; and providing a penalty for the violation thereof", Ordinance No. 140 entitled "An Ordinance amending Ordinance No. 78, entitled "An Ordinance regulating the digging up and distur- bances of roadways and sidewalks, in the public street, lanes, alleys and public places in the City of South San Francisco, regulating the refilling and repair of disturbed street and roadways thereof" and Ordinance No. 260 entitled "An Ordinance requiring a permit for transportation over any public street or high- way, of earth excavated from any land in the City of South San Francisco", and Chapter 13.04 of the South San Francisco Municipal Code are hereby repealed, except that this repeal shall not affect or prevent the prosectuion or punish- ment of any person for any act committed or omitted in violation of said ordi- nances or of said Chapter prior to the effective date of this Ordinance. SECTION 2. CHAPTER 13.04 ADDED. Chapter 13.04 entitled "Excavation and Construction on public property regulated" is hereby added to the South San Francisco Municipal Code and shall read as follows: -1- I:1[ i I II '1 "CHAPTER 13.04 EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY REGULATED Sections: 13.04.010 13.04.020 13.04.030 13.04.040 13.04.050 13.04.060 13.04.070 13.04.080 13.04.090 13.04.100 13.04.110 13.04.120 13.04.130 13.04.140 13.04.150 13.04.160 13.04.170 Encroachment Permit Required Limitations of Construction or Excavation Grounds for Denial Conditions Upon Issuance Performance Bonds Liability Insurance Transferability Revocation or Suspension of Permit Appeals From Denial or Revocation Expiration - Renewal Safe Crossings Required Guarantee of Work Filing of Maps Transportation of Earth-Permit Required Permit-Application/Fees Transportation of Earth - Bond Violation, Penalty 13.04.010. ENCROACHMENT PERMIT REQUIRED. It is unlawful for any person, firm or corporation not otherwise under writ- ten contract to the City to make, or cause to be made, any construction or exca- vation in, over or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the Department of Public Services an encroachment permit to make such excavation. The Director of Public Services, before issuing such a permit, shall require: (1) A written application therefor to be made and filed with the Director of Public Services, wherein the application shall set forth the name and residence or business address of the person, firm or corporation making such application, and shall state in detail the location and area of each construc- tion or excavation intended to be made, and shall state the purpose for which the construction or excavation is to be made and used. Said application shall be accompanied by a receipt showing that applicant has paid to the Director of -2- tlr f I II fl Finance a non-refundable inspection fee for said application and all special deposits required both in amounts as set forth in the Master Fee Schedule of the City of South San Francisco adopted by Resolution of the City Council; and (2) The presentation of a plat showing the location of each proposed construc- tion or excavation and the dimensions thereof, and such other details as the Director of Public Services may require to be shown upon such plat. 13.04.020. LIMITATIONS OF CONSTRUCTION OR EXCAVATION. It is unlawful for any person, firm or corporation to make, or to cause or permit to be made, any construction or excavation, or to install or maintain, any tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown upon the plat filed by such person, firm or corporation as required by the provisions of this Chapter. 13.04.030. GROUNDS FOR DENIAL. Whenever in the judgment of the Director of Public Services the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, watercourse, street, street improvement or any other public pro- perty, the application shall be denied. If, in the opinion of the Director of Public Services, the danger of hazard can be eliminated by the erection or installation of walls, cribs or other devices, or by a specified method of per- forming the work, the Director of Public Services may grant the permit upon con- dition that the specified protection and precautionary work shall be done to his satisfaction, or upon condition that a specified method of performing the work shall be used. 13.04.040. CONDITIONS UPON ISSUANCE. In granting any permit pursuant to this Chapter, the Director of Public -3o Services shall attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the Director of Public Services. Such conditions may include, but shall not be limited to: a. Applicable restrictions and requirements imposed by the Uniform Building Code concerning construction or excavation and grading as adopted and modified by local law. b. Limitations on the hours of operation or the period of year in which work may be performed. c. Restrictions as to the size and type of equipment. d. Designation of routes upon which materials may be transported. e. The place and manner of disposal of constructed or excavated materials. f. Requirements as to the laying of dust and tracking of dirt, the preven- tion of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof. g. Designation of maximum or minimum slopes to be used if they vary from those prescribed in this Chapter. h. Regulations as to the use of public streets and places in the course of the work. i. Regulations regarding the degree of compaction of fill material. j. Requirements concerning paving private driveways and roads constructed under the permit. k. Requirements for safe and adequate drainage of the site. -4- lit r I 1. A requirement that approval of the Director of Public Services be secured before any work which has been commenced may be discontinued. m. A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life and property. n. Requirements for fencing of construction, excavation or fills which would be hazardous without such fencing. 13.04.050. PERFORMANCE BONDS. A. Bond Required. If, in the opinion of the Director of Public Services, the nature of the work regulated by this Chapter is such that if left incomplete it will create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, the Director of Public Services may, before issuing the permit, require a cash bond or surety bond in a form satisfactory to him and approved by the City Attorney, in the sum of one hundred percent (100%) of the estimated cost of the work conditioned upon the faithful performance of the work specified in the per- mit within the time specified by the Director of Public Services or within any extension therof granted by the Director of Public Services. Such bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the City, its officers, employees, and to any person aggrieved by the principal's failure to comply with the conditions thereof. Such bond shall further provide that it will not be cancelled or terminated until at least thirty (30) days' notice thereof has been filed with the City Clerk. B. Notice of Default. Whenever the Director of Public Services shall find that a default has I[ [ I 11 [] occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Director of Public Services to be reasonably necessary for the completion of the work. ¢. Duty of Surety. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the Director of Public Services the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent (10%) of the estimated cost, but not to exceed the principal sum of the bond. Upon the receipt of such monies, the Director of Public Services shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expen- ditures of the sum in hand therefor. The balance, if any, of such bond funds shall, upon completion of the work, be returned to the surety, after deducting the cost of work plus ten percent (10%) thereof. D. Disposition of Cash Bond. If a cash bond has been posted, notice of default as provided by subsec- tion D. supra shall be given to the principal; and if compliance is not had within the time specified, the Director of Public Services shall proceed without delay and without further notice or proceedings whatsoever to use the cash depo- sited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the Director of Public Services. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent (10%) thereof. -6- E. Right of Entry. In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe. F. Interference Prohibited. No person shall interfere with or obstruct the ingress or egress to or from any such premises by an authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof. G. Term of Bond, Completion. The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Director of Public Services of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the Director of Public Services, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used. 13.04.060. LIABILITY INSURANCE. A. If, in the opinion of the Director of Public Services, the nature of the work regulated by this Chapter is such that it might create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, then the Director of Public Services may, before issuing the permit, require that the applicant for a permit file a certificate showing that he is insured against =7= claims for damages for personal injury and bodily injury as well as claims for property damage, including damage to the City by deposit or washing of material onto City streets or other public improvements, which may arise from or out of the performance of the work, whether such performance be by himself, his sub- contractor or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the Director of Public Services in accordance with the nature of the risks involved. B. Any insurance required pursuant to this section shall include protection against liability arising from completed operations, explosion and collapse hazard, underground hazard and automobile liability if such is found necessary by the Director of Public Services. Any such insurance shall be written by a company which meets with the approval of the City and shall insure the City, its officers, agents and employees against loss or liability which may arise during the performance of, or which may result from, any work herein required to be done. The carrier of such insurance shall give the City at least thirty (30) days' prior notice of the cancellation of any such policy of insurance. C. Any insurance required pursuant to this section shall include the following endorsement thereon: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Fran- cisco shall be primary as to any other insurance or reinsur- ance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13.04.070. TRANSFERABILITY No permit required by Section 13.04.010 shall be transferrable without the written consent of the Director of Public Services. -8- III1 [ I 11 [] 13.04.080. REVOCATION OR SUSPENSION OF PERMIT. A. Revocation. Any permit, issued pursuant to this Chapter, may be revoked by the Director of Public Services after notice and hearing for: (1) Violation of any condition of the permit. (2) Violation of any provision of this Chapter or any other applicable local, state or federal law relating to the work. (3) The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work, at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the Director of Public Services in the manner prescribed by Section 13.04.090, all work shall be stopped while the appeal is pending. B. Suspension. Any permit issued pursuant to this Chapter may be suspended by the Director of Public Services without hearing and for a period not exceeding ten (10) days whenever the Director of Public Services has issued a notice of hearing for revocation of permit. Any such suspension shall terminate upon its expiration date or upon the rendering of a decision on the question of revocation, whichever shall first occur. No work shall be authorized or performed under any permit during such time as said permit may be suspended. -9- ! IIl~ ' 13.04.090. APPEALS FROM DENIAL OR REVOCATION. Any applicant for a permit or permittee aggrieved by any action or decision of the Director of Public Services may appeal to the Council by filing with the City Clerk a written notice thereof within five (5) days from the date of mailing or receipt of notice of such action by the Director of Public Services, whichever first occurs. The aggrieved person shall be given a hearing before the Council, after which the Council shall have discretion to grant or deny the appeal or modify the decision of the Director of Public Services, and its deci- sion shall be final. 13.04.100. EXPIRATION - RENEWAL. Every permit issued under the provisions of this Chapter shall expire at the end of the period of time set forth in the permit. If the permittee is unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Director of Public Services a request for an extension of time setting forth therein the reasons for the requested exten- sion. If, in the opinion of the Director of Public Services, such an extension is reasonable and necessary, he may grant additional time for the completion of the work. 13.094.110. SAFE CROSSINGS REQUIRED. A. It shall be the duty of every person, firm or corporation making any construction or excavation in any public street, alley or other public place, to maintain safe crossings for vehicular traffic at all street intersections, and safe crossings for pedestrians at intervals of not more than three hundred feet (300'). If any such construction or excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of -10- the trench and kept trimmed in a manner that will cause as little inconvenience as possible to public travel. If the street is not wide enough to hold exca- vated materials without using part of the adjacent sidewalk, the person, firm or corporation by whom the excavation is made shall erect a tight board fence upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained. B. It shall be the duty of every person, firm or corporation making any construction or excavation in any public street, alley or other public place to place and maintain barriers at each end of such places as may be necessary along the construction or excavation to prevent accidents, and also to place and main- tain lights at each end of such construction or excavation and at distances of not more than fifty feet (50') along the line thereof, from sunset each day to sunrise of the next day, until such construction or excavation is entirely completed or refilled; and it is unlawful for any person, firm or corporation to fail, refuse or neglect to comply with any requirement contained in this Section. 13.04.120. GUARANTEE OF WORK. The person, firm or corporation by whom any construction or excavation is made in any public street, alley or other public place, shall be deemed and held to guarantee the work of refilling and repair thereof for the period of one (1) year after the completion or refilling of such construction or excavation against all defects in workmanship and materials. The Director of Public Services may require the person causing such construction or excavation to exe- cute and file with the City a written agreement to repair or replace, at his own -11- i: I~l I II II expense, any work of refilling and repair which, at anytime during the one (1) year period subsequent to the date of approval and acceptance thereof, shall prove to be defective or which shall become damaged by differential settlement, action of the elements or through ordinary usage. The person causing such construction or excavation shall also file with the aforesaid agreement a bond for such sum as the Director of Public Services may deem sufficient to cover the cost of repairing or replacing said work, including the cost of inspection. Such bond shall be executed by a surety company authorized to transact a surety business in the State of California and must be satisfactory to, and be approved by, the City Attorney as to form. In lieu of said bond, the person causing such construction or excavation and grading may deposit with the City Treasurer cash money in an amount fixed, as aforesaid, by the Director of Public Services. In the event the person causing such excavation and grading shall fail to make the repairs or replacements specified above, then the City may make the necessary repairs or replacements or cause the same to be done, and thereafter call upon the surety or the person causing such construction or exCavation and grading for reimbursement. 13.04.130. FILING OF MAPS. A. It is made the duty of every person, firm or corporation owning, using, controlling or having an interest in pipes, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other public place for supplying or conveying gas, electricity, water steam or oil to or from the City, or to or from its inhabitants, or for any other purpose, upon demand of the Director of Public Services to file in the Office of the Director of Public Services, upon three (3) days' notice, such map or set of maps as is demanded by the Director of Public Services, which map or set of maps shall show in detail -12- the exact location, size and description and date of installation, if known, of all mains, laterals, services and service pipes and of all valves, pressure regulators, drips, manholes, transformer chambers or other appliances installed beneath the surface of such public streets, easements, alleys, sidewalks or other public places in the City belonging to, used by or under the control of such person, firm or corporation, or in which such person, firm or corporation has any interest. Said map or set of maps shall show the complete installations of all such pipes and other applicances, including all installations made during the previous years, to and including the last day of such years. Each map shall be accompanied by an affidavit endorsed thereon subscribed and sworn to by such person, firm or by the president, vice-president, secretary or assistant secre- tary of such corporation, to the effect that the same correctly exhibits the details required by this Chapter to be shown thereon. B. Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof, is abandoned, the person, firm or corporation owning, using, controlling or having any interest in the same shall, within thirty (30) days after such abandonment, file in the Office of the Director of Public Services a map giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provi- sions of this Section shall show in detail the location of all such pipes, con- duits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps. 13.04.140. TRANSPORTATION OF EARTH--PERMIT REQUIRED. It is unlawful for any person, persons, firm or corporation to transport, by means of any vehicle, any earth excavated from any lot or parcel of land in the -13- city, without first having obtained a permit from the Director of Public Services for the purpose of transportation of such earth. 13.04.150. PERMIT--APPLICATION/FEES. A. Any person desiring a permit to transport earth as required by Section 13.04.140 shall file with the Director of Public Services a written application on a form provided by said Director of Pubic Services. B. Applications filed pursuant to this section and section 13.04.140 shall be accompanied by a receipt showing that the applicant has paid to the Director of Finance a non-refundable processing fee for said application in an amount as set forth in the Master Fee Schedule of the City of South San Francisco adopted by Resolution of the City Council. 13.04.160. TRANSPORTATION OF EARTH - BOND. A. Before any permit, which may be granted by the Director of Public Services for the transportation of earth upon any public street or highway in the City, becomes effective, the grantee or grantees of such permit shall file in the Office of the City Clerk a bond to indemnify the City for any injury or injuries, which such grantee or grantees may do to sidewalk or pavement or to sewers in the City in such amount as the Director of Public Services, on consid- eration of the application for such permit may deem to be adequate for the pro- tection of the City. In no event shall the bond be less than Two Thousand Dollars ($2,000.00) in amount. B. It is the obligation of any grantee or grantees to fully remove from any sidewalk or street all such earth as such grantee or grantees may have per- mitted to fall on such sidewalk or pavement and to repair all public improve- ments damaged by the hauling operations. The bond herein required shall be in such form as to indemnify the City for the cost of removing from such sidewalk -14- or pavement all such earth as may have been permitted to fall thereon by such grantee or grantees and for repairing public improvements damaged by the gran- tees due to their hauling operations. The bond shall inure to the benefit of the City and shall, by its terms, give the City a right of action thereon in the event of failure of such grantee or grantees. 13.04.170. VIOLATION, PENALTY Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor." SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PUBLICATION Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of the full text of this -15- Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced this 1st day of December , 19 82 Passed and adopted as an Ordinance of the City of South San Francisco at a regular Francisco this vote: AYES: meeting of the City Council of the City of South San 15th day of December , 1982 , by the following Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos, and Roberta Cerri Teqlia NOES: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 15th day of December , 198 2 -16- Iii I Iff!