The “Mile Marker System of Rural Addressing” shall
be the approved method of addressing in the unincorporated areas of
the county. All lots, occupied buildings and residences shall be numbered
according to their distance from the starting point of the road upon
which the lot, occupied building or residence fronts or is providing
access to the driveway entrance. Even numbers shall be assigned to
one side of each road and odd numbers shall be assigned to the other
side of each road. State highways shall be addressed according to
existing mile markers. All other roads that provide access to four
or more lots, occupied buildings or residences shall be considered
to begin at the point where they branch from another road. If any
road has both ends accessed from the same road, i.e. a “loop”
road, the road shall be numbered in a clockwise direction.
(Ordinance 1996-14 adopted 12/10/96)
(A)
Any road or driveway, whether public or private, that accesses four or more lots, occupied buildings or residences shall be named by the county. All roads shall be named in accordance with the general name category assigned to that area or as approved by the county or its designee. Road names shall not exceed 18 characters in length, including spaces, and shall not be duplicated within the City of Santa Fe or the county. Landowners may request a specific road name by following the same procedures as are used for road name changes, delineated below in section 94.03.
(B)
However,
the county reserves the right, at all time, to determine whether a
road name is appropriate.
(Ordinance 1996-14 adopted 12/10/96)
(A)
The
county or its designee may change existing road names as necessary
to eliminate duplication or to otherwise serve the public interest.
In addition, landowners may change a road name by filing with the
county a petition signed by a majority of the number of landowners
whose lots, occupied buildings or residences are accessed by the road.
(B)
(1)
For
the purpose of establishing a majority of the landowners, one person
per lot, occupied building or residence may sign the petition, i.e.,
one lot, one vote; one occupied building, one vote; one residence,
one vote.
(2)
Once
a road has been named, it may not be the subject of a petition for
renaming for at least ten years unless the petitioning landowners
can establish a need to rename the road based on public health, safety
or welfare.
(Ordinance 1996-14 adopted 12/10/96)
(A)
All
road signs shall conform to approved county standards for color, overall
size, lettering size and height.
(B)
Road
signs shall be installed and maintained by the county, except as follows.
(1)
Developers
and subdividers shall submit a proposed list of road names to the
county for approval, shall provide the county public works department
and the county assessor with a mylar sepia copy of the approved subdivision
plat showing assigned road names and address numbers and shall install
and maintain road signs within their development or subdivision upon
assignment by the county of approved road names.
(Ordinance 1996-14 adopted 12/10/96)
(A)
All
lots, occupied buildings and residences in the unincorporated areas
of the county shall be numbered.
(B)
Numbers
shall be assigned to all existing lots, occupied buildings and residences
by county personnel.
(C)
Where
fewer than four lots, occupied buildings or residences are accessed
by a road or driveway, those lots, occupied buildings and residences
shall be further designated by a letter.
(D)
The
rural addressing system shall be maintained by the county or its designee.
(Ordinance 1996-14 adopted 12/10/96)
(A)
It shall
be the duty of the owner and/or occupant of each lot, occupied building
or residence in the unincorporated areas of the county to have placed
upon his or her property the number assigned by the county and to
maintain and replace, when necessary, the number so that the number
is, at all times, visible and readable.
(Ordinance 1996-14 adopted 12/10/96 Penalty, see section 94.99)
The county shall keep a list showing the number of each lot,
occupied building and residence in the unincorporated areas of the
county, which list shall be a matter of public record.
(Ordinance 1996-14 adopted 12/10/96)
To ensure the maintenance and preservation of the rural addressing
system, the county imposes the following prohibitions.
(1)
No development
permit shall be issued to any person for any location until an address
has been assigned to that location.
(2)
Only
persons authorized by the county may install or erect road signs,
except as required by the county for developments or subdivisions.
(3)
No person
shall remove, alter, deface or otherwise change a road sign installed
or maintained, in accordance with this subchapter.
(Ordinance 1996-14 adopted 12/10/96 Penalty, see section 94.99)
All details necessary for the administration and implementation
of this subchapter shall be provided by written policies developed
by county personnel and available to the public.
(Ordinance 1996-14 adopted 12/10/96)
This subchapter may be referred to as the “County Road
Cut Subchapter.”
(Ordinance 2003-01 adopted 1/7/03)
The purpose of this subchapter is to establish and define responsibilities
and standards for the use of public property and rights-of-way, especially
regarding excavations and restorations thereof.
(Ordinance 2003-01 adopted 1/7/03)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
Any person required by this subchapter to apply for a permit
to make a road cut.
The act of tunneling under the surface of the roadway or
right-of-way.
Monday through Friday.
A property as defined in the NM Cultural Properties Act 18-6-1
to 18-6-17 i.e., a structure, place, site or object having historic,
archaeological, scientific, architectural or other significance.
The County of Santa Fe, New Mexico as represented by its
board of county commissioners.
Any road cut undertaken as a part of a project initiated
by the county and includes related action taken by the utility company
to further the county facilities project.
Any situation or condition existing in which there is an
interruption or disruption of gas, electricity, sewer, storm sewer,
drainage structures, water, or telecommunications service to one or
more customers being served by a utility company, or any situation
or condition in which there is a danger of serious bodily injury,
serious property damage or prolonged disruption of service.
The act of making a hole, trench, or ditch, which penetrates
through or under the surface in a public right-of-way or other public
property, resulting in the removal of dirt, asphalt, concrete or other
material.
Include, but are not limited to plants, works, systems, improvements
and equipment of the utility company such as pipes, electric substations,
mains, conduits, transformers, wires, cables, poles, underground links,
meters and concrete pedestals for any of the above and including postal
service mail boxes.
The written form provided by the county in which a person
describes the use, excavation or road cut which will be performed
on public property and in which are contained any special conditions
required of the person by the county in the execution of the work.
Permits are subject to the conditions and requirements contained in
this subchapter.
A person that has received a roadcut permit from the county.
Any individual, estate, trust, receiver, cooperative association,
club, corporation, utility company, firm, partnership, joint venture,
syndicate or other entity.
Any designed, engineered, constructed road structures or
engineered drainage facilities owned or maintained by the county located
on public rights-of-way.
Those properties or sites within the county for which the
county possesses a real property estate or interest, such as fee simple
title, prescriptive easement or dedicated easement and includes easements,
rights-of-way, highways or roads, paved or unpaved, curbs, gutters,
sidewalks or other paved, unpaved, unsurfaced or concrete property
which the county owns or maintains.
The person employed by the county who is designated by the
board of county commissioners to hold this position, and/or his or
her designee.
The act of cutting a hole, trench, ditch or tunnel in, on,
under or through the surface of a public facility or the act of drilling,
boring, tunneling under or jacking up the surface of a public right-of-way.
Any activity in or adjacent to the roadway that affects traffic
and pedestrian flow.
A traffic-control plan or diagram showing the county how
safe maintenance of traffic and pedestrian flow will be conducted.
Any person, entity or corporation, which provides water,
sewer, electric, gas, telephone or cable television services to five
or more hookups in the county. It also includes an independent contractor
that has entered into a contract with the utility company to perform
the road cut or excavation when the independent contractor is performing
services for the utility company. Such an independent contractor must
file a notarized affidavit with the county, executed by the utility
company, setting forth the name, business address and business telephone
number of the independent contractor as an authorized agent of the
utility company.
(Ordinance 2003-01 adopted 1/7/03)
(A)
Permit
application.
(1)
Every
person desiring to make a road cut, bore or utilize public rights-of-way
is required to obtain a permit. The applicant must be licensed and
bonded, or the applicant must be a utility company or an agent for
the utility company. In extenuating circumstances where the applicant
is a private party or not licensed, bonded or a utility company, the
applicant shall be required to comply with guidelines established
by the public works department. The person shall make written application
on forms provided and approved by the public works director prior
to the performance of any road cut work or activity on public property.
County staff has five days to review and process submitted applications.
Except for the public works division of the growth management department,
which is not required to obtain a permit for any of its projects,
all other county departments shall be required to obtain a permit.
(2)
No
person shall make any road cut on public property or utilize public
right-of-way until the person or designated agent obtains an appropriate
permit from the county, except in an emergency. In the event of an
emergency, the person may proceed with the activity immediately but
notify the county by phone that such an emergency is being repaired,
and thereafter file an application within two business days. The application,
must state the description of the emergency and a summary of the repairs.
The applicant must comply with any reasonable repair directions set
forth by the county.
(3)
The
applicant, shall agree to the following:
(a)
Complete all work required by this subchapter covered by the permit;
and
(b)
Complete any specific item required by the county in conjunction
with the permit within five days after written notice is given by
the county to do so. The public works department is authorized to
grant an extension if necessary.
(4)
Evidence
shall be presented that insurance requirements have been met in accordance
herewith, except for governmental agencies.
(5)
Evidence
shall be presented that any “tie in” or “extension
of utilities,” is authorized by the applicable utility company,
utility association or provider of services.
(B)
Faxing
permit applications; billing.
A utility company may file
its application for a road cut, right-of-way use permit and all supporting
information through the use of telecopy machine located in the county’s
public works office, in accordance with procedures established by
the public works director. An approved permit may be sent to the applicant
in accordance with similar procedures. The public works director,
in his or her discretion, may allow a person to be billed for fees
due and payable under the terms of this subchapter on a monthly basis,
provided the person is not more than 60 days delinquent in payments
due under this subchapter. No further permits will be issued if payments
are more than 60 days delinquent.
(C)
Permit
fees.
The permit fees are set forth herein.
(D)
Length
of road cut; number of road cuts; use of right-of-way.
By issuing a road cut permit, the county authorizes the cutting or
excavation of a road or right-of-way by approved methods described
in the New Mexico Standard Specifications for Public Works Construction,
and only for the single road cut specified on the permit.
(Ordinance 2003-01 adopted 1/7/03; Ordinance 2009-05, secs. 1, 2, adopted 5/26/09)
(A)
Purpose.
It is the primary purpose of this subchapter to achieve maximum
public use of public right-of-way, consistent with the laws of the
state and to ensure that utility relocations on or in county rights-of-way
are accomplished in accordance with state statutes, regulations and
federal codes while providing for maximum public safety, maintenance
of the roadways, and minimizing future conflicts between the county
roadways, highway systems of the state and utilities serving the general
public in the county.
(B)
Preferred
means.
In all circumstances, best efforts shall be made
to install utility facilities using existing overhead facilities or
bore under the roadway instead of excavating in an attempt to limit
patches on the road surface. Road cuts shall be the least desirable
means of utility facility installation.
(C)
Clearance
of vital structures.
Work under these provisions must
be performed and conducted so as not to interfere with access to fire
hydrants, fire stations, fire escapes, bridges, traffic-control devices
and all other vital permanent structures or equipment.
(D)
General
utility design requirements.
Except when a higher degree
of protection is required by industry or governmental codes, laws
or orders of the public authority having jurisdiction over the utility,
all utility facility installations on, over, along or under the surface
of the rights-of-way of county roadways, including attachments to
highway structures shall, as a minimum, meet the following utility
industry and governmental requirements:
(1)
Electric
power and communication facilities installations shall conform to
the current applicable National Electric Safety Code.
(2)
Water,
sewage and other effluent lines shall conform to the requirements
of the American Public Works Association, the American Water Works
Association and county standards.
(3)
Pressure
pipelines shall conform to the current applicable sections of the
Standard Code for Pressure Piping of the American National Standards
Institute, 49 CFR, sections 192, 193 and 195, and/or applicable industry
codes.
(4)
Liquid
petroleum pipelines shall conform to the current applicable recommended
practice of the American Petroleum Institute, for pipeline crossings
under railroads and highways.
(5)
Any
pipeline carrying hazardous commodities shall conform to the rules
and regulations of the U.S. Department of Transportation governing
the transmission of such materials. Pipelines located in casings,
galleries, utility tunnels or highway structures shall be designed
to withstand expected internal pressures, and to resist internal and
external corrosion; casings or uncased pipelines shall be designed
to withstand external pressures as well. Joints in carrier pipelines
operating under pressure shall be of a mechanical or welded leakproof
construction. Ground-mounted utility facilities shall be of a design
that minimizes, to the extent practicable, the impact on the scenic
quality of the specific highway segment being traversed and/or of
a design approved by the public works department. All utility installations
on, over, along or under roadway, rights-of-way and attachments to
roadway structures, shall be of durable materials, designed for a
long service-life and relatively free from, routine maintenance. On
new installations or relocation of existing facilities, provisions
shall be made for expansion of the facilities, particularly those
underground or attached to highway structures. These provisions shall
be planned so as to avoid interference with highway traffic when additional
facilities are installed in the future.
(6)
The
facility owner shall be responsible for compliance with industry codes,
the conditions and/or special provisions specified in the permit,
applicable statutes and regulations of the state, and the U.S. Department
of Transportation Code of Federal Regulations.
(7)
The
utility company shall be responsible for the design, construction
and maintenance of all facilities to be installed within the county
or public right-of-way. All elements of these facilities are subject
to review and approval by the county’s public works department,
particularly the materials, location and method of installation. The
utility is responsible for and will provide all measures as required
to preserve the safe and free flow of traffic and the structural integrity
of the roadway, roadway structures, ease of roadway maintenance and
appearance of the roadway resulting from their installation. Prior
to any utility work within the county or public right-of-way, the
county’s public works department shall approve all submitted
traffic-control plans.
(E)
Maintenance
of traffic and pedestrian flow.
The permittee shall maintain
safe and adequate passage of vehicle and pedestrian traffic on all
public property on which the permittee is conducting its activities
under its permit. When a public facility has been closed or detoured
because of the permittee’s work, the county public works department
shall be notified by the permittee prior to removal of existing barricades
and other traffic-control devices.
(F)
Permittee’s
obligation to protect property.
It is the permittee’s
responsibility to verify no known cultural properties exist in the
permit area. Should known cultural properties occur in a permit area,
a permit shall not be issued until the applicant submits notification
from the state’s historic preservation division certifying that
the properties have received sufficient consideration. Should unknown
cultural properties be encountered during work conducted under a permit,
work in the immediate vicinity of the cultural property shall cease
and the county shall be notified.
(G)
Restoration
and repair.
The permittee shall take whatever measures
necessary to protect the road surface from damage by equipment used
in the excavation process. Any damage to the road surface such as
tearing or scaring of the pavement caused by the permittee’s
equipment shall be repaired to county requirements by the permittee.
Traffic markings removed as a part of the road cut shall be replaced
by the permittee with materials similar to those originally displaced,
in a place and in a manner satisfactory to the county. The permittee
shall, at his or her own expense, support and protect all utilities
which may be in any way affected, by the road cut or other permitted
work and/or do everything necessary to support, sustain and protect
them under, over, along or across the work. Before commencing a road
cut, the permittee shall ascertain the location of all utilities by
notifying the state one call system in or near the area of the proposed
cut. The confirmation number from the one call system shall be listed
on the permit prior to issuance of the permit. In the event the utilities
are damaged, including damage to pipe coating or other encasement
devices, the permittee shall immediately notify the facility owner
of the damage. The permittee shall be liable for all costs associated
with the damage and repair if the permittee was negligent and the
facilities were properly marked and located. The permittee shall protect
the road cut from surface water flows, appropriate diversions or ponding
devices. The permittee shall repair asphalt or other road surfaces
and other public facilities and public property to reasonable construction
and engineering standards in order to approximate the condition that
existed before the work.
(H)
Protection
of adjoining property.
The permittee shall at all times
and at his or her own expense preserve and protect from injury all
private property adjoining the public property on which the road cut
work is being performed by taking suitable measures for that purpose.
Where, in the protection of the property, it is necessary to enter
upon private property for the purposes of taking appropriate protection
measures, the permittee, shall unless otherwise provided by law, obtain
appropriate permission from the owner of such private property to
enter thereupon. The permittee must, at his or her own expense, shore
up and protect all structures, facilities, walls, fences or other
property that may be affected or damaged during the progress of the
road cut work and be responsible for all damages on other property
resulting from his or her failure to properly protect and carry out
the work.
(I)
Care
of excavated material.
All materials excavated and piled
adjacent to the road cut or in any public place by the permittee must
be piled and maintained so as to not endanger the public and those
working in the excavation, and so as to cause as little inconvenience
as possible to those persons using the public property and adjoining
property. All material excavated must be laid completely along the
side of the cut and kept trimmed so as to cause as little inconvenience
as is reasonably possible to vehicle and pedestrian traffic. In order
to expedite flow of traffic and to keep dirt and dust from spreading
or flying the permittee shall use guards or other methods and/or shall
water the excavated material.
(J)
Cleanup.
Each permittee shall thoroughly clean up from the public place
all rubbish, excess earth, rock, asphalt, concrete, tree branches
or limbs and other debris resulting from road cut work. All cleanup
operations at the location of the road cuts are to be accomplished
at the expense of the permittee. During the progress of work or immediately
after completion of the work, the permittee shall clean up and remove
all refuse, dirt and unused materials of any kind resulting from the
work. Upon failure to do so, the county may cause to have the work
done, and the permittee shall pay for the reasonable cost.
(K)
Protection
of watercourse.
The permittee shall maintain all gutters,
easement crossings and related drainage structures free-flowing and
unobstructed for the full depth and width of the watercourse, or provide
adequate substitutes for any such watercourse that are blocked by
the road cuts.
(Ordinance 2003-01 adopted 1/7/03)
(A)
Compaction.
Any person holding a road out permit shall undertake to restore
each road cut, in accordance with the reasonable compaction and restoration
standards required by the county. This shall include both the backfilling
of the road cut and the restoration of the surface. All backfill must
be compacted to 95% density under the road surface, and 90% density
outside the road surface. Certified nuclear density test results must
be submitted to the public works department within five working days
of completion of the work. Flow capacity and/or existing flow capacity
shall not be altered without the written approval of the public works
director. For any person who does not submit compaction test results
to the county in a form and with results acceptable to the county,
such person shall not be issued any future permits under this subchapter
until the person complies with this subchapter, and the county may
take such other actions as it deems necessary to assure compliance
with this section. The public works director may waive the compaction
tests for plow trenching only, provided the utility company demonstrates
a method and operation of compaction acceptable to the public works
department.
(B)
Resurfacing.
In those instances when a permittee cannot resurface a public
place with concrete or asphalt because the air temperature or moisture
content is below the minimum standards contained in the compaction
and restoration standards or the weather conditions are such that
the permittee is unable to resurface the public place within a reasonable
time after the county’s acceptance of any density tests, the
permittee shall immediately check with the public works department
concerning how and when the public facility shall be resurfaced. The
county can require that the permittee cold patch the road cut on a
temporary basis. The permittee shall restore the surface of the cut
in accordance with reasonable compaction and restoration standards.
(C)
Cost.
The cost for restoration of the road surface shall be borne
by the permittee.
(D)
County
performance.
If a permittee makes a road cut that is
not resurfaced by the permittee within a reasonable time, and the
county has not granted an extension of time, the county may upon giving
notice to the permittee, resurface the road cut and bill the permittee
for the reasonable cost.
(E)
Safety.
It shall be the responsibility of the permittee, restoring the
public property to keep the road cut or surface opening safe for pedestrians,
workers and vehicular traffic until the pavement surface or opening
has been restored.
(F)
Extension
of time.
Any time periods may be extended by the county
due to weather conditions or other circumstances beyond the control
of the permittee, with written or oral permission of the public works
director or his or her designee.
(G)
State
standards.
The permittee shall comply at all times with
the appropriate construction standards set forth in state statutes.
(H)
Restoration.
The permittee shall restore as practicably as possible the affected
property to the condition it was immediately prior to excavation or
development. This includes but is not limited to depth of base course
or other materials used on road surfaces. All materials shall be inspected
and approved by the public works department prior to use of any such
materials. In the case of trenching in the right-of-way that exceeds
600 lineal feet the county recommends the responsible party document
the condition of the surface, by means of videotaping the proposed
work area. The public works department can require the seeding of
disturbed areas to offset possible erosion that may result from the
area being disturbed during excavation.
(Ordinance 2003-01 adopted 1/7/03)
(A)
Certificate
of insurance.
No person other than a utility company
shall make a road cut, enter a substructure opening, perform road
cut work or utilize county right-of-way until filing with the county
a certificate of insurance establishing that the person is adequately
insured according to NM Tort Claims Act, NMSA, section 41-4-19, as
amended, against bodily injury or personal injury to any person and
against liability for damages, other than the work itself because
of injury to or destruction of tangible property including loss of
use resulting therefrom. Each insurance certificate shall provide
that the county be given at least 30 calendar days’ notice of
cancellation in writing by the insurance company.
(B)
Form
and type.
A utility company shall at all times maintain
insurance or may self-insure against all risks and perils, set forth
above for the reasonable limits of liability set by NMSA, section
41-4-19 as amended and the county, in a form and type acceptable to
the county, which approval will not be unreasonably withheld.
(C)
Performance
bonding.
A performance bond in the amount of $15,000
shall be kept on file at public works, along with the contractor’s
license and insurance documents.
(Ordinance 2003-01 adopted 1/7/03)
The county expressly reserves the right to change the grade,
install, relocate or widen the public rights-of-way within the county
and subject to all regulatory approvals, the facility owner shall
relocate, at its own expense, its facilities and appurtenances in
order to accommodate the paving, installation, relocation, widening
or changing of the grade or location of any of the public rights-of-way,
including if necessary, relocating facilities to a sufficient distance
within the rights-of-way and to permit a reasonable work area for
machinery and individuals engaged in the work or to protect the health,
safety or welfare of the public.
(Ordinance 2003-01 adopted 1/7/03)
A permit fee of seventy-five dollars ($75.00) shall be charged
and collected for each proposed activity and for each permit issued
up to 600 lineal feet. The seventy-five dollar ($75.00) fee collected
shall be distributed as follows: Sixty seven percent (67%) shall be
designated to the county general fund and thirty-three percent (33%)
shall be designated to a road maintenance fund for repair of roadways.
For permits in excess of 600 lineal feet, the fee will be prorated
by dividing the length by 600, then multiplying it by seventy-five
dollars ($75.00). Except for the public works department, which is
not required to obtain a permit for any of its projects, all other
county departments shall be required to obtain a permit.
(Ordinance 2015-04 adopted 3/31/15)
Any person or facility owner including a utility company making
a road cut shall be required to correct defective materials and workmanship
performed under each road cut permit for a period of five (5) years
from the date the work performed under such permit is completed.
(Ordinance 2009-05, sec. 4, adopted 5/26/09)
(A)
When
road cut work or use of the right-of-way is being performed, the person
making the road cut or using the right-of-way shall take appropriate
measures to maintain traffic conditions as near normal as practicable
at all times so as to cause as little inconvenience as possible to
the occupants of the abutting properties and to the public. All applicants
shall submit with the permit application a TCP or traffic-control
plan for approval by the public works director or his or her designee
along with the permit application. No permits shall be issued without
the submission of a traffic-control plan unless waived by the county.
(B)
The
county may require the permittee to notify various public agencies,
emergency services and the public of proposed work prior to issuance
of a permit or prior to commencement of the proposed work if public
works decides it is necessary for public safety.
(C)
Warning
signs shall be placed by the permittee near each road cut or substructure
opening being entered so as to give adequate warning to vehicular
and pedestrian traffic both night and day, and cones or other approved
devices shall be placed to channel traffic. The traffic controls,
including, but not limited to the number, type, size and location
of the signs shall be done in accordance with Manual on Uniform Traffic-control
Devices, (MUTCD) part VI and reasonable traffic standards as directed
by the public works director or his or her designee.
(D)
The
county may require the permittee to place a visible sign at each end
of the construction area which is visible from a distance and sets
forth the name of the person making the road cut, or in the case of
a utility company, the name of the company together with a business
telephone number to handle calls from the motoring public.
(Ordinance 2003-01 adopted 1/7/03)
Each permittee shall conduct and carry out road cut work in
such manner as to avoid unnecessary inconvenience and annoyance to
the public and occupants of neighborhood property and in compliance
with the county noise standards.
(Ordinance 2003-01 adopted 1/7/03)
Any survey monument set for the purpose of locating or preserving
the lines of the road, property subdivision or a permanent survey
or a permanent survey benchmark within the county shall not be removed
or disturbed without first obtaining written permission from the owner.
Permission to remove or disturb such monuments, reference points or
benchmarks will be granted only upon the condition that the person
apply for the permission and pay all expenses incident to the proper
replacement of the monument.
(Ordinance 2003-01 adopted 1/7/03)
In the event a permittee fails to comply with the requirements
of this subchapter, the public works director or his or her designee
shall notify the permittee of noncompliance and stop all work until
the permittee is in compliance. Written or verbal notice of noncompliance
shall be issued. Following a hearing on the matter, a fee of $300.00
may be assessed for noncompliance of this subchapter if the public
works director decides it is justified. The public works director,
his or her designee, county’s fire department or county’
safety officer is authorized and empowered to suspend, revoke or refuse
to issue any permit, or future permit issued to a permittee provided
that a hearing on the matter be conducted by the public works director
within five business days of the suspension, revocation or refusal
to issue the permit unless based on failure to adequately complete
an application. The permittee shall be granted one appeal to the public
works director following the decision if the permittee makes written
request to do so. The county reserves the right to issue or revoke
any permit for any reason deemed reasonable by the public works director
or his or her designee. The county may also deny issuance of a permit
to any applicant if there are delinquent compaction test results from
previously performed road cuts.
(Ordinance 2003-01 adopted 1/7/03)
(A)
(1)
Any person, partnership, association, corporation, public utility, private utility or other legal entity who installs or causes to be installed any utility service, including but not limited to electricity, gas, water, sewer, telephone or cable television service to any location required by sections 94.01 through 94.09 to be assigned an address without first receiving a development permit and an address for that location shall be guilty of a misdemeanor punishable by a fine not to exceed $300.00 or by imprisonment for a term not to exceed 90 days, or both.
(3)
Any person who intentionally installs a road sign or assigned address number in violation of sections 94.01 through 94.09 or who intentionally removes, alters, defaces, changes or conceals a road sign or assigned address number erected or installed pursuant to sections 94.01 through 94.09 shall be guilty of a misdemeanor punishable by a fine not to exceed $300.00 or by imprisonment for a term not to exceed 90 days, or both.
(B)
Any
person, facility owner or utility excavating or cutting into new pavement
less than five years old shall pay a fee of ten dollars ($10.00) per
square foot as liquidated damages to off set the impact of cutting
the new pavement, which frequently leads to failure of new roadways
installed by the county.
(Ordinance 1996-14 adopted 12/10/96; Ordinance 2009-05, sec. 5, adopted 5/26/09)
