City of Cypress, CA EXCAVATIONS, FILLS AND OBSTRUCTIONS

It shall be unlawful for any person to place or maintain any object, including, but not limited to, fixed or portable basketball equipment, skateboard ramps, hockey nets and all other types of privately owned non-vehicular sporting or recreational equipment on any road, street or public highway, public right-of-way, or public property. It shall not be a violation of this section to place or maintain upon any road, street, public highway, or public right-of-way:

(1)

Any solid waste or recycling containers or bins authorized by and in accordance with the provisions of this Code;

(2)

Any object necessary for the work or activity authorized by a duly issued encroachment permit pursuant to the provisions of this Code; or

(3)

Any object required by police, fire, medical or tow service personnel necessary to providing service within their jurisdiction on a road, street, public highway, or public right-of-way.

(Ord. No. 1035, § 1, 10-14-02)

§ 24-6.3 Violation—Public notice of prohibited condition.

Whenever any prohibited item is found to be in violation of this article, the city shall have the right, but not the obligation, to cause a notice to be conspicuously attached to such item demanding removal from the public right-of-way. Such notice shall specify the date of posting, the closest street address to which the item is located, and a clear, concise description of the item to be removed. The notice shall demand such item be removed from the public right-of-way within 24 hours of the posting time and date.

In the event a prohibited item is found in a location creating an immediate threat to the public health, safety or welfare, the city may abate and impound the item without delay or prior public notification. Writ-ten public notice of the city's abatement of such item shall be conspicuously posted in the immediate area in which the abatement occurred and on a form approved by the director of public works.

(Ord. No. 1035, § 1, 10-14-02)

§ 24-6.4 Impounding of prohibited items—When authorized.

The city may impound a prohibited item as set forth within this article, that has been installed, used, or maintained in violation of this article and after notice of such violation is given pursuant to section 24-6.3.

The city may impound a prohibited item installed, used, or maintained in violation of this article without prior notice whenever such item is found to be in violation of this article, and such item has previously been posted in accordance with section 24-6.3.

(Ord. No. 1035, § 1, 10-14-02)

§ 24-6.5 Return of impounded items; conditions.

Any prohibited item which has been abated and impounded shall be released to the owner and made available for pickup at the city's corporate yard during normal operating hours, upon receipt of all associated abatement and impound fees, as set by resolution of the city council.

(Ord. No. 1035, § 1, 10-14-02)

§ 24-6.6 Sale or disposal after impound.

The city may sell or otherwise dispose of any item that has been impounded pursuant to this article, and retain the proceeds including any monies, on behalf of the city, provided that:

(1)

Thirty days have elapsed since impoundment and the owner has failed to pay all abatement and impound fees assessed.

(Ord. No. 1035, § 1, 10-14-02)

§ 24-7 Same—Procedure in case of emergency.

Nothing in this article shall prohibit any person from making such excavation as may be necessary for the preservation of life or property when necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the director of public works are first opened subsequent to the making of such excavation.

(Ord. No. 92, § 28)

§ 24-8 Same—Application—Generally.

Applications for permits under this article shall be filed not less than 48 hours before the work is proposed to be done.

Such applications shall be filed with the director of public works upon printed forms to be prescribed and supplied by him. The application shall be signed by the applicant and shall state the following:

The name and address of the applicant.

The location, purpose, extent and nature of the proposed excavation, fill or obstruction.

The time during which it is estimated that the excavation, fill or obstruction will exist.

That the applicant agrees to indemnify, defend and save the city, its authorized agents, officers, representatives and employees, harmless from and against any penalties, liabilities, claims, annoyances, or loss resulting from claims or court action arising out of any accident, loss or damage to persons or property happening or occurring as a result of any actions undertaken, or failed to have been undertaken, pursuant to the permit granted in response to the application; and the applicant shall secure and maintain, during the life of the permit, public liability insurance in amounts deemed reasonable by the director of public works; and the applicant shall supply the city with a certificate evidencing such insurance, in a form approved by the city attorney, prior to the issuance of such permit.

(e)

That the applicant agrees that in the event that any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued, at any time in the future interferes with the use, repair, improvement, widening, change of grade or relocation of any public street or highway due to abandonment, vacation or any other cause, of any portion or portions of such street or highway, or interferes with the construction of any subway, viaduct or other underground conduit or structure of any nature, the applicant or his successors or assigns, within 10 days after the receipt of a written notice from the director of public works to do so, will at his own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the director of public works, relocate them to a site which may be designated by the director of public works.

(f)

Any additional information which the director of public works may deem necessary for the proper disposition of the application.

(Ord. No. 92, §§ 3, 4; Ord. No. 333, § 1; Ord. No. 646, § 1, 7-23-79)

§ 24-9 Same—Same—Accompanying plat to be filed.

Each application for a permit under this article shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruction or fill and any other detail which the director of public works may require.

(Ord. No. 92, § 5)

§ 24-10 Same—Same—Modification.

The director of public works may require such changes in the application for a permit under this article respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in his opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Ord. No. 92, § 7)

§ 24-11 Same—Same—Proof of right to use highway required.

Each applicant for a permit under this article shall submit to the director of public works satisfactory proof of the applicant's right to use the highway for the purpose set forth in the application.

(Ord. No. 92, § 6)

§ 24-12 Same—Fee.

Each application for a permit under this article shall be accompanied by an issuance fee to be established by resolution in accordance with Government Code Section 54994.1. Said fee may be waived by the director of public works if the work to be done under said permit is to repair or replace any portion of city streets or sidewalks that would otherwise need to be repaired or replaced by city and thus will result in a monetary savings to city.

(Ord. No. 92, § 9; Ord. No. 920, § 1, 8-8-94)

§ 24-13 Same—Deposit or bond—Required.

Unless the director of public works shall have authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, pursuant to a permit issued under this article, each applicant therefor, in addition to the issuance fee, shall deposit with the director of public works the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit shall in no event be less than $15. The estimated cost shall be determined by the director of public works by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of forty cents ($0.40) per square foot of surfacing. The city council may from time to time change and revise the method of determining the estimated cost.

The minimum cost of restoration or repair shall be presumed to be not less than $2.

In lieu of making the special deposit required by subsection (a) of this section, the applicant may make and maintain with the director of public works a general deposit in an amount estimated by the director of public works to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, not to exceed $500.

In lieu of the special deposit required by subsection (a) or of making the general deposit as provided for in subsection (b) of this section, the applicant, with the approval of the director of public works, may furnish a surety bond conforming in all respects to the requirements for surety bonds set forth in subsection (d) of this section; except, that the condition of such bond shall be that the applicant will pay to the city, upon demand, all fees, costs or charges incurred by or due to the city under the provisions of this article.

In cases where the applicant is granted authority to make the repairs required under this article, the director of public works, in order to insure the completion of such repairs in a satisfactory manner, may require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the state and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, that the minimum amount of such bond shall not be less than $1,000, nor the minimum period less than one year. The condition of such bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this article in a good and workmanlike manner and to the satisfaction of the director of public works.

(Ord. No. 92, §§ 10, 11)

§ 24-14 Same—Same—Deductions.

The city shall deduct the following from any deposit made or maintained by a permittee pursuant to this article:

The permit issuance fee if it has not otherwise been paid.

The cost of the city of refilling any excavation or removing any obstruction.

The cost to the city of resurfacing or repairing the highway calculated pursuant to the provisions of section 24-13 or section 24-32.

The cost to the city of any additional repairs as provided in section 24-31.

(e)

The cost of any inspection by the director of public work's office, or the building and safety department. Such cost shall be computed as shown in section 24-32.

(Ord. No. 92, § 24)

§ 24-15 Same—Same—Refund.

After making the deductions specified in section 24-14, unless the deductions are made from a general deposit, the city shall refund any balance to the applicant in the same manner as provided by law for the repayment of trust money. The balance remaining in the general deposit shall be retained by the director of public works and applied to issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this article, unless a written demand for the balance is made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust money.

(Ord. No. 92, § 24)

§ 24-16 Same—Same—Payment of deficiency; failure to pay deficiency.

If any deposit under this article is insufficient to pay all fees and costs under this article, the permittee, upon demand, shall pay to the director of public works an amount equal to the deficiency.

If a permittee under this article, upon demand, fails to pay any deficiency as provided in this section or fails to pay any other costs due the city under this article, for which no deposit has been made, the city may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full a permit under this article, shall not thereafter be issued to such permittee.

(Ord. No. 92, §§ 25, 26)

§ 24-17 Same—Exemption of public agencies from fees and deposits.

If any public agency files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this article, then no deposit for costs shall be required from such public agency. No permit issuance fee under this article shall be required of any public agency entitled to exemption therefrom pursuant to section 6103 of the Government Code of the state.

(Ord. No. 92, § 13)

§ 24-18 Same—Issuance.

If the applicant for a permit under this article complies in all respects with this article and with all other applicable laws, rules, regulations or ordinances of the city, or of any other public agency, and pays the fees and deposits required by this article, and said permit is not being issued for purposes of excavation in a street that has been constructed, reconstructed, or resurfaced within the previous 36 months, or the permit for street excavations, for emergency repairs or new development access to underground street utilities, then the director of public works shall approve the application and issue the permit.

Permits applied for under this article for purposes of excavation in a street that has undergone construction, reconstruction or resurfacing within the thirty-six-month period preceding the date of the permit application, shall be considered discretionary and subject to the approval of the city council, unless the applicant complies in all other respects with this article and with all other applicable laws, rules, regulation or ordinances of the city, or of any other public agency, and the permit is for an emergency repair or new development access to underground street utilities, in which case the permit shall be issued by the director of public works.

The city council may authorize said discretionary permits under the following criteria:

(1)

The applicant can demonstrate that the requested permit for excavation of a street is immediately required for the general health, safety, and welfare of the city, and as such can not be delayed until the permit moratorium has expired; and

(2)

The applicant requesting the permit can demonstrate that alternatives to excavating the street under the permit moratorium such as alternative routing, or construction methods including boring or excavation of the parkway, are not possible.

Notwithstanding any other section under this article said city council approval of said discretionary permit may include special conditions, fees and deposits reasonably required to allow the issuance of said permit.

(Ord. No. 92, § 14; Ord. No. 970, § 1, 8-25-97)

§ 24-19 Same—Terms and conditions.

Any permit issued pursuant to this article shall be subject to the following conditions which shall be stated thereon:

The permit shall be kept at the site of the work and shall be shown on demand to any authorized representative of the city or any law enforcement officer.

The permit shall authorize work to be performed only as to such portion of the highway over which the city has jurisdiction.

All work shall be performed in accordance with the provisions of this article and of all applicable laws, rules and regulations of the city, and any other public agency, and to the satisfaction of the director of public works.