HomeMy WebLinkAbout218 - Ordinances ORDINANCE NO. 218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING CHAPTER 12.03, PUBLIC
IMPROVEMENT CONSTRUCTION PERMITS AND AMENDING TITLE 12 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The following sections of the San Bernardino County Code,
previously adopted by reference, are hereby repealed:
(a) Sections 51.011 through 51.0120 inclusive
(b) Sections 51.021 through 51.0213 inclusive
(c) Sections 51.031 through 51.0310 inclusive
SECTION 2: The Rancho Cucamonga Municipal Code Title 12 is hereby
amended by adding Chapter 12.03 thereto to read as follows:
CHAPTER 12.03
PUBLIC IMPROVEMENT CONSTRUCTION PERMITS
12.03.010 General Provisions
12.03.020 Definitions
12.03.030 City Engineer Duties & Responsibilities
12.03.040 Permits - Required
12.03.050 Permits - Application
12.03.060 Permits - Requirement of Plans
12.03.070 Permits - Comencement and Completion of Work
12.03.080 Permits - Performance of Work
12.03.090 Permits - Acceptance of Work
12.03.100 Permits - Denial and Revocation
12.03.110 Appeal Procedure
12.03.120 Permit Fees
12.03.130 Performance Deposits
12.03.140 Placement of Material or Obstruction on Streets
12.03.150 Relocation of Structures-Removal of Encroachment
12.03.160 Holding City Harmless
12.03.170 Violation
SECTION 12.03.010 GENERAL PROVISIONS
A. Title. This chapter is known as the Construction Permit Code of the
City of Rancho Cucamonga.
B. Purpose/Intent. These standards, guidelines and procedures for the
City of Rancho Cucamonga are hereby established and adopted to
protect and promote the public health, safety, morals, comfort,
convenience, welfare and more particularly:
1. To protect the physical and economic stability of the City by
insuring adequate construction of public improvements and
prevention of damage to existing public improvements through
negligent construction practices.
2. To reduce hazards to the public resulting from inappropriate
construction and traffic control procedures during construction
activities effecting streets, highways, sidewalks, drainage
facilities and other public places owned and operated by the
City of Rancho Cucamonga.
Ordinance No. 218
Page 2
12.03.020 DEFINITIONS
CITY ENGINEER - shall mean the City Engineer of the City of Rancho
Cucamonga or his designated representative.
PUBLIC PLACE shall mean any public street, way, place, alley,
sidewalk, park, square, plaza or other similar public property owned or
controlled by the City and dedicated to public use.
FACILITY - shall mean any street, sidewalk, curb, gutter, fencing, pipe,
pipeline, tube, main, service, trap, vent, vault, manhole, meter, guage,
regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable,
junction box, transformer, or any other material structure or object of
any kind or character, whether enumerated herein or not which is or
lawfully constructed, left or placed or maintained in, upon, along,
across, under or over any public place.
SPECIFICATION - shall mean The Standard Specifications For Public Works
Construction (current edition including supplements) written and
promulgated by Southern California Chapter American Public Works
Association and Southern California District Associated General
Contractors or California Joint Cooperative Committee and published by
Building News Inc., and which shall govern all street right of way
construction within the City unless otherwise noted on approved plans.
STANDARD DRAWINGS - shall mean the Standard Drawings of the City of
Rancho Cueamonga approved, adopted and revised by the City Engineer.
PLANS shall mean the document developed and approved by the City
Engineer describing the nature and extent of works proposed to be
constructed or carried out on a public place.
ENCROACHMENT - includes any tower, pole, pole line, pipe, pipeline,
fence, billboard, stand, or building, or any structure or object of any
kind or character not particularly mentioned in this divison, which is
placed in, under, or over any portion of the highway.
12.03.030 CITY ENGINEER'S DUTIES AND RESPONSIBILITIES
A. This chapter shall be administered by the City Engineer whose
responsibilities for this Chapter include the following functions to
be carried out either directly or by subordinate employees:
1. Application Process: Establish the form and process for
application for Construction Ppermits required pursuant to this
chapter. Processing includes the certification of completed
applications, the approval of plans, the establishment of files,
collection of fees and security deposits.
2. Interpretation. Interprets the provisions and advise the public
on the requirements of this chapter and all plans,
specifications and special provisions concerning works on
facilities governed by the provisions of this chapter.
3. Plan Approval. Establishes format and content of plans and
standards governing the improvements or works on facilities
pursuant to the provisions of this chapter.
4. Permit Issuance. If the applicant for a permit complies with
every provision of this chapter the City Engineer may issue to
the applicant a written permit to perform the work set forth in
the application and approval. Any permit authorized under any
of the provisions of this chapter may be issued subject to such
conditions, changes and limitations as are in the discretion of
the City Engineer necessary for the protection of the public
Ordinance No. 218
Page 3
place, highway or other facility, or to prevent undue
interference with traffic, or to protect both persons and
property within, upon or adjacent to said places from damage or
danger.
5. Chan~e in Conditions After Permit Issued. Any permit issued by
the City Engineer under any of the provisions of this chapter or
the conditions to which it has been made subject, may be amended
or changed if the City Engineer deems such amendment or change
to be necessary for the protection of the highways, or to
prevent undue interference with traffic, or to protect both
persons and property within, upon or adjacent to said highways
from damage or danger. Notification of the amendment or change
shall be made by the City Engineer either by mailing written
notice to the permittee at the address indicated on his
application for the permit, or by making personal service of
said written notice upon the permittee. The amendment or change
shall be effective either twenty-four (24) hours after said
written notice is deposited in the United States mail, or
immediately upon completion of personal service.
6. Refusal to Issue Permit. The City Engineer may refuse to issue
permits or may revoke any outstanding permits heretofore or
hereafter issued, or any portion thereof, where the work has not
been started, when the work authorized by the permits, or such
portions thereof is included in the proposed work to be done, by
any existing assessment district, or by any proposed assessment
district for which formation proceedings have been instituted by
the City Council or where prior claims or disciplinary action is
pending against the applicant for permit which would make it in
the best interest of the City to refuse such action or because
of violations of provisions of the permit or provision of this
chapter.
12.03.040 PERMITS - REQUIRED
No person shall do any of the following acts except pursuant to a valid
construction permit:
A. Make or cause to be made any excavation or opening, fill or
obstruction in, over, along, on, across, or through any public place
for any purpose whatsoever.
B. Construct or repair or cause to be constructed or repaired any curb,
sidewalk, gutter, curb with intregal gutter, drive approach, alley
approach, spandrel and cross gutter, wheel chair ramp, A.C. dike, or
any other work of any nature covered by City standard drawings or
City policy or place, change, renew and encroachment in, over,
along, on, across or through any street right of way or public place
excepting, however, for or in connection with the installation of
poles, guys and anchors constructed for use under franchise for
public utility purposes where such poles, guys, and anchors do not
interfer or lie within 10 feet of existing improvements.
C. Place any banner over, across, on, or along any street right of way.
D. Plant, remove, cut, cut down, injure or destroy any tree, plant,
shrub or flower growing within any right of way excepting necessary
pruning or trimming to protect persons or property.
E. Construct or modify or cause to be constructed or modified any storm
drain or conveyor of drainage waters and appurtenant items within
dedicated easements, rights of way, or public place.
F. Modify alter or deface in block wall on or adjacent to public
places.
Ordinance No. 218
Page 4
12.03.050 PERMITS - APPLICATION
Any person proposing to do any of the acts described in Section 12.03.040
shall make application for a construction permit to the City Engineer.
The following information shall be included on the application:
A. The location, nature and extent of work to be performed.
B. The proposed date when said work shall be commenced.
C. The proposed date when work shalI be completed.
D. Such other information as may be required by the City Engineer.
Upon permit issuance the application shall become part of the permit. The
applicant shall allow a minimum of 2 working days for review of the
application.
12.03.060 PERMITS - REQUIREMENTS OF PLANS
If, in the opinion of the City Engineer, the work proposed to be done requires
the making of plans or the setting of stakes, or both, the City Engineer may
require the application to be accompanied by the necessary plans, which plans
shall be prepared by a competent engineer licensed by the State of California,
Department of Consumer Affairs to prepare the appropriate documents.
12.03.070 PERMITS - COM~NCEMENT AND COMPLETION OF WORK
Every permittee shall complete the work within the time required by the
permit. Permits issued hereunder shall be valid for the period of time
specified in the permits, unless the City Engineer grants a time extension.
12.03.080 PERMITS - PERFORMANCE OF WORK
A. The permittee shall perform the work in a timely manner; in
accordance with applicable plans, specifications, and City
standards; and to the satisfaction and under the supervision of the
City Engineer.
1. 24 hour notice is required for all inspections.
2. All work not in conformance with approved plans and
specifications is subject to rejection.
3. Requests for final inspection shall be made in writing.
B. Any works conducted requiring the temporary partial or full closure
of the traveled right of way shall not be commenced until the
permittee has been issued a "Street Closure Permit" stipulating the
date, time and provision under which closure may be carried out.
Application for said permit shall be made to the City in the time
and manner as designated by the City Engineer.
C. As the work progresses, all streets shall be thoroughly cleaned of
all rubbish, excess earth, rock and other debris resulting from such
work. All cleanup operations at the location of such work shall be
accomplished at the expense of the permittee. From time to time, as
may be ordered by the City Engineer, and in any event immediately
after completion of said work, the permittee shall, at its own
expense, clean up and remove all refuse and unused materials of any
kind resulting from said work. Upon failure to do so, within
twenty-four hours after having been notified, said work may be done
by the city and the cost thereof charged to the permittee. Whenever
it may be necessary for the permittee to excavate through any
landscaped area, said area shall be reestablished in a like manner
after the excavation has been baekfilled as required. All
construction and maintenance work shall be done in a manner designed
to leave the area clean of earth and debris and in a condition as
nearly as possible to that which existed before such work began.
The permittee shall not remove, even temporarily, any existng trees
Ordinance No. 218
Page 5
or shrubs without first obtaining the consent of the City Engineer.
D. A person shall not prevent or obstruct the City Engineer in making
any inspection authorized by this chapter or in taking any sample or
in making any test.
12.03.090 PERMITS - ACCEPTANCE OF WORK
If the City Engineer, by survey or by inspection or by both, ascertains that
the work contemplated by this chapter has been completed according to the
requirements of the permit issued therefor, and of all of the provisions of
the permit, he shall issue, if requested so to do by the permittee, a
certificate of acceptance which shall contain a statement of the location,
nature, and extent of the work performed under the permit.
12.03.100 PERMITS - DENIAL/REVOCATION
A. The City Engineer may deny the issuance of a permit to any person
who refuses or fails to comply with the provisions of this chapter
who is indebted to the City for past permit violations or who in the
Judgement of the City Engineer has repeatedly violated permit
procedures or failed to comply with conditions requiring protection
of the public health and safety.
B. Any permittee found in violation of the conditions of permit or
provisions of this chapter shall be given a written notice to comply
stipulating the applicable violation. Upon receipt of a Notice to
Comply the permitee shall take action to correct the conditon of
violation within the period stipulated in the Notice. If within
that period appropriate measures have not been implemented the City
Engineer may revoke the permit and take any measures required to
secure the work site or return the work site to its original
condition.
C. A revoked permit may be reinstated by the City Engineer with no fee
within a period of 15 calendar days if the permitee demonstrates to
the satisfaction of the City Engineer that works will be continued
in conformance with applicable permits and code provisions.
D. The City Engineer shall require as a c ondit ion of permit
reinstatement payment of all charges incurred by the City as a
result of permit revocation.
12.03. 110 APPEAL PROCEDURE
A. Any person aggrieved by any decision of the City Engineer with
respect to the issuance, revocation or refusal to issue a permit may
appeal to the Council by filing a notice of appeal with the City
Clerk within 20 days after the date on which the City Engineer takes
the action appealed from.
B. The Council shall thereupon fix a time and place for hearing such
appeal. The City Clerk shall give notice to the appellant and
applicant/permittee of the time and place of hearing by serving the
notice personally or by depositing it in the United States Post
Office in the city, postage prepaid, addressed to such persons at
their last known addresses.
C. The Council shall have the authority to determine all questions
raised on such appeal.
12.03.120 PERMIT FEES
A. A permit fee shall be charged by the City for the issuance of a
"Construction Permit". The fee shall be established by resolution
of the City Council and is for the purpose of defraying the cost of
Ordinance No. 218
Page 6
issuing the requested permit, inspection of works completed under
the permit and other costs associated with administration of the
provisions of this chapter.
B. Permit fees are hereby waived as a condition of issuance in the case
of the Cucamonga County Water District.
12.03.130 PERFORMANCE DEPOSITS
A. As a condition of issuance of a "Construction Permit" the City
Engineer may require posting of a cash deposit or an equivalent
acceptable to the City Attorney. Said deposit shall be for the
purpose of securing performance of work contemplated under the
permit. Each deposit shall be accompanied by a "Restoration and
Delineation" or "Performance Agreement" stipulating the uses and
conditions under which said funds may be expended.
B. The amount of the deposit shall be established by the City Engineer.
C. Upon completion and acceptance of work under permit, all funds not
utilized for agreed purposes shall be refunded to the permittee and
any other bonds or security instruments shall be released.
D. If, in the opinion of the City Engineer, any deposit, or any
equivalent or any combination thereof is not sufficient for the
proper protection of the public interest in the highways including
any trees thereon, the City Engineer may require either an
additional deposit, or an increase in the amount of the equivalent
in such amount as he determines will be sufficient to protect such
public interest.
Where any deposit or equivalent is determined to be insufficient to
pay all fees and costs provided for in this division, the permittee
shall, upon demand, pay to the City an amount equal to the
deficiency.
Where the permittee fails or refuses to pay the deficiency upon
demand, the City Engineer may revoke the permit and/or recover said
deficiency by appropriate action in any court of competent
Jurisdiction. Until such deficiency is paid in full, no other
permit shall be issued to such permittee.
E. Where work is to be done by persons or utilities operating under a
franchise issued by the City or regulated by the State Public
Utilities Commission or utilities operated by governmental agencies,
a permit may be granted without making a deposit. In such cases,
the permittee shall be liable for the actual cost of any work to be
done by the City in restoring the area covered by the permit to as
good a condition as the same was in before such work was done.
12.03.140 PLACEMENT OF MATERIAL OR OBSTRUCTION ON STREETS
A. No person shall place or maintain any material or any obstruction or
impediment to travel in or upon any public place without a permit to
do so.
B. Persons violating provisions of this division shall be issued a
notice of removal and given a specified time to remove such
material, obstruction or impediment. Where said material or
obstruction is not removed as stipulated the City may cause said
removal and bill the persons all cost involved. If the bill for
such removal is not paid by the due date the City may recover all
costs fromt~' persons responsible in an action in any court of
competent jut :.sdiction.
Ordinance No. 218
Page 7
C. Alternative Procedure for Payment - When removal has been completed,
the City Engineer shall render to the Finance Director an itemized
statement covering work necessary for such removal. The Finance
Director shall pay the same from the funds of the division or
officer causing said work to be done, and by mail, shall present to
the owner a demand for payment. If payment is not made on behalf of
the owner within sixty (60) days after mailing such bill, the City
may certify to the County Auditor the demands remaining unpaid,
together with the information required by law in such cases. The
County Auditor shall cause the amount of the same to be entered upon
the property from which removal was accomplished, and the said
special assessment and tax shall be included upon the next
succeeding tax statement. Thereafter, the amounts of the assessment
shall be collected at the same time and in the same manner as County
taxes are collected, and are subject to the same penalties and the
same procedure and sale in case of delinquency as provided for
ordinary County taxes.
12.03.150 RELOCATION OF STRUCTURES - REMOVAL OF ENCROACHMENT
The City Engineer may require any person who, pursuant to a duly issued permit
under this division, has performed construction work or placed and maintained
any encroachment, to move the same at his own cost and expense to such
different location as is specified in a written demand of the City Engineer,
whenever such move is necessary to insure the safety of the traveling public
or to permit the improvement of the highway and may require the application to
contain a signed statement by the applicant to this effect. The City Engineer
shall specify in the demand a reasonable time within which the work of
relocation must be commenced, and the permittee must commence such relocation
within the time specified in said demand and thereafter diligently prosecute
the same to completion.
12.03.160 HOLDING CITY HARMLESS
The applicant for a permit, as a condition to receiving a permit shall sign a
statement that he agrees to indemnify and hold harmless the City and each
officer and employee thereof, from any liability or responsibility for death
of or injury, loss or damage to property happening or occurring as a result of
the design or performance of any work undertaken under any permit granted
pursuant to the application. As additional protection under this division
City may require permittee to provide proof of insurance naming City as co-
insured for amounts as established by the City Engineer.
12.03.170 VIOLATION
Every person is guilty of a misdemeanor who violates any provision of this
chapter, or who fails or neglects to comply with any requirement of this
chapter.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall
attest to the same, and the City Clerk shall cause the same to be published
within fifteen (15) days after its passage, at least once in The Daily Report,
a newspaper of general circulation published in the City of Ontario,
California, and circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES: Dahl, Buquet, Mikels, Schlosser, Frost
NOES: None
ABSENT: None
Ordinance No. 218
Page 8
ATTEST:
Lauren M. Wasserman, City Clerk