A. 
Title for Citation. The ordinance codified in this chapter shall be known as and may be cited as the "highway permit ordinance."
B. 
Continuation of Provisions. The provisions of the ordinance codified in this chapter, insofar as they are substantially the same as provisions of any of the ordinances repealed by said ordinance relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
C. 
Construction of Provisions. Unless the provision or the context otherwise requires, these general provisions, rules of construction and definitions set out in Sections 8.01.010 through 8.01.260 shall govern the construction of this chapter.
D. 
Reference to Amendments and Additions. Whenever reference is made to any portion of the ordinance codified in this chapter, or any other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.
E. 
Severability. If any provision of the ordinance set out in this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of said ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.
F. 
Powers of Deputies. Whenever a power is granted to, or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer, or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise.
(LACC Ord. 3597 Ch. 1 §§ 101—106, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
As used in this chapter:
"Base course"
means that portion of the highway located between the pavement and the native soil.
"City engineer"
shall also mean public works director.
"Commissioner"
means the public works director.
"Driveway"
means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.
"Encroachment"
means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand, building, roll-off bin, or any structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for telephone or electric power purposes.
"Facilities" or "pipelines,"
as used in Sections 8.01.030(A)(3), 8.01.130 through 8.01.210, 8.01.830 through 8.01.920, 8.01.940, 8.01.950, 8.01.960 and 8.01.990, mean pipes, pipelines, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, obstructions and other apparatus, both aerial and underground.
"Hazardous substance"
means one having the potential for an immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, or chlorine, and natural gas transported at pressures greater than 60 psi; and, for the purposes of this chapter, electrical facilities shall comply with the requirements applicable to hazardous substances.
"Height"
means that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.
"Highway"
means any public highway, public street, public way or public place in the city, either owned by the city or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.
"Load"
means any object or thing which, when transported by a vehicle or combination of vehicles over, upon, along or across any highway, would be required to have a special permit in accordance with provisions of the Vehicle Code, and includes, but is not limited to, any house, vessel, machine, equipment, transformer, tree, girder, boat or airplane.
"Moving contractor"
means any person who, for him or herself or for another, moves or causes to be moved any load over, upon, along or across any highway.
"Native soil"
means the compacted native material.
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.
"One-call notification system" or "system"
means an association providing for mutual receipt of notification of construction activities in the city.
"Overhead structure"
means any structure other than franchise utility poles and their facilities extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in LACC Ordinance 2225, the "Building Code," set out in Title 26 of the LACC.
"Pavement"
means the surfaced portion of the highway which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds.
"Person"
includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city including this city, any county, and all departments and bureaus thereof except the road department of this city.
"Portable storage container"
means a freestanding container usually without wheels that is primarily used for the temporary storage and/or transport of personal property or other household items intended for eventual reuse by the owner(s).
"Public"
means any person as defined by this chapter other than the Los Angeles County road department and includes the United States and this state.
"Roadway"
means that portion of a highway improved, designed or ordinarily used for vehicular travel.
"Roll-off bin"
means a freestanding waste container used for the deposit and collection of solid waste and/or recycling, excluding waste containers used for regularly scheduled solid waste collection as permitted in Section 9.12.110. A roll-off bin is characterized by a rectangular footprint, is designed to be transported by specially equipped trucks, and utilizes wheels to facilitate its placement.
"Section"
means a section of the ordinance codified in this code unless some other ordinance or statute is specifically mentioned.
"Shall"
is mandatory; "may" is permissive.
Tense, Gender and Number.
1. 
The present tense includes the past and future tenses; and the future, the present.
2. 
The masculine gender includes the feminine.
3. 
The singular number includes the plural, and the plural, the singular.
"Vehicle"
means a vehicle or combination of vehicles as described in the Vehicle Code which:
1. 
Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or
2. 
Is so laden that it is required to have such special permit.
"Vehicle Code"
means the state of California Vehicle Code in effect at the time of issuance of the permit.
"Width"
means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being or is to be moved.
(LACC Ord. 3597 Ch. 1 §§ 107—127.4, 141, 145, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 10816 § 2, 1974; LACC Ord. 11581 § 2, 1977; LACC Ord. 12038 §§ 1, 2, 1979; LACC Ord. 85-0207 § 1, 1985; Ord. 63 (part) 1979; Ord. 402 §§ 1, 2, 2011)
A. 
Every person, except as otherwise provided in this chapter, is required to obtain a permit from the public works director before that person:
1. 
Moves or causes to be moved over, along or across any highway any load or vehicle;
2. 
Makes or causes to be made any excavation or encroachment in any highway;
3. 
Places, changes, renews or abandons a facility or encroachment;
4. 
Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;
5. 
Constructs, reconstructs or repairs any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the county exists for the construction, reconstruction or maintenance of such installation;
6. 
Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;
7. 
Places or leaves any impediment to travel upon any highway.
8. 
Places or causes to be placed any roll-off bin upon any highway, public property or public right-of-way.
B. 
Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor.
(LACC Ord. 3597 Ch. 1 § 100, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 1, 1977; Ord. 63, 1979; Ord. 402 § 1, 2011)
Notwithstanding any provision of the highway permit ordinance of the city, the following provisions are enacted by the city council to prevent unnecessary interference with new pavement on public streets and highways during the period immediately following its construction or resurfacing:
A. 
The city shall attempt to give notice to all owners of substructures located within the city streets who might be affected, approximately one year prior to the probable date of construction of any new paving or repaving of any street in the city, and approximately four months prior to such date. The failure to give any such notice shall not affect the further provisions of this section.
B. 
No excavation shall be made in any city street within three years following the date of completion and acceptance of any slurry seal and within five years following the date of completion and acceptance of any resurfacing of such street, except for emergency repairs or service, unless the person proposing to make such excavation shall agree to pay for the pavement grindings and for the resurfacing of the entire street section with an asphalt concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street.
C. 
Notwithstanding any other provision of this section, the city manager or the director of public works may authorize the issuance of an excavation permit if he or she determines:
1. 
That an emergency exists or the work to be performed is necessary to eliminate a hazardous condition; or
2. 
Following an administrative hearing before the director of public works that:
a. 
Such work will not constitute a public or attractive nuisance, and
b. 
Such work will not create a potential safety hazard to traffic and/or pedestrians, and
c. 
It is within the community's best interest to allow excavation during the restricted period.
(Ord. 252 § 2, 1996)
A. 
No excavating permits shall be granted and no person shall excavate or be granted an excavation permit in the public right-of-way along Foothill Boulevard during the period of November 15th through January 3rd in any year.
B. 
Notwithstanding any other provision of this section, the city manager or the director of public works may authorize the issuance of an excavation permit if he or she determines:
1. 
That an emergency exists or the work to be performed is necessary to eliminate a hazardous condition; or
2. 
Following an administrative hearing before the director of public works that:
a. 
Such work will not constitute a public or attractive nuisance, and
b. 
Such work will not create a potential safety hazard to traffic and/or pedestrians, and
c. 
It is within the community's best interest to allow excavation of Foothill Boulevard during the restricted period.
(Ord. 253 § 1, 1996)
Every permit issued under this chapter for activity or work, in, along, on, over, across or under the highway shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the public works director.
(LACC Ord. 3597 Ch. 1 § 131, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
Portable storage containers for storage of personal property shall not be placed upon the highway, public right-of-way or public property.
B. 
Roll-off bins owned or operated by waste haulers not possessing a current waste haulers permit pursuant to Chapter 9.12 may not be placed upon the highway, public right-of-way or public property unless expressly authorized by the public works director or designee.
(Ord. 402 § 1, 2011)
The permittee shall make the permit available for inspection by the public works director or representative or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.
(LACC Ord. 3597 Ch. 1 § 134, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Every person who commences any activity or work regulated by this chapter must comply with the provisions of this chapter, the provisions made part of any permit, and the provisions of the specifications and all codes referred to by this chapter.
(LACC Ord. 3597 Ch. 1 § 136, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
All work shall be performed in accordance with the Standard Specifications for Public Works Construction, or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications, the higher specification shall apply.
(LACC Ord. 3597 Ch. 1 § 132, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
Every person who commences any activity or work regulated by this chapter shall safeguard and complete the activity or work within a reasonable time. Any part of the highway facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the public works director. All surplus material of any kind shall be removed from the highway.
(LACC Ord. 3597 Ch. 1 § 135, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Any person engaged in performing work regulated by this chapter which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. He or she shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of his or her activity in order to promote the safe movement of traffic, including, but not limited to, periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required in the Vehicle Code. All roll-off bins shall be equipped with reflectors on all sides as prescribed in the permit. Warning devices shall be placed in advance of each roll-off bin placed on a highway as directed by the public works director.
(LACC Ord. 3597 Ch. 1 § 128, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 1, 2011)
Whenever the provisions of this chapter require a permittee to perform any work, take any action or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter, whether such person obtains such a permit or not.
(LACC Ord. 3597 Ch. 1 § 130, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his or her activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner.
(LACC Ord. 3597 Ch. 1 § 139(A), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee unless he or she makes other arrangements with the owner of the facility or unless the owner is required by his or her franchise or agreement to relocate his or her facility without cost.
(LACC Ord. 3597 Ch. 1 § 139(B), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said facilities should be damaged (and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.
(LACC Ord. 3597 Ch. 1 § 139(C), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. At such time as a one-call notification system is operational in the city, permittee shall notify those owners or operators who are members of the system by notifying the system by telephone at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. The permit shall not be valid until permittee receives a ticket number from the system acknowledging the notification, which number permittee shall enter upon the face of the permit. Said notification is an additional method to be used in determining underground facilities, and does not relieve permittee from the responsibility to assure that owners or operators of such facilities are notified. Any permittee shall likewise notify nonmembers of the system who are owners or operators of facilities in the vicinity of the proposed excavation. Any person receiving notice pursuant to this chapter shall, not less than one working day in advance of proposed construction unless otherwise agreed between said person and permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.
(LACC Ord. 3597 Ch. 1 § 139(D), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; LACC Ord. 12038 § 3, 1979; Ord. 63, 1979)
A. 
Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by owner.
B. 
In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:
1. 
Excavations for Highway Construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter.
2. 
Trench Excavation.
a. 
Longitudinal Pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter.
b. 
Transverse Pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located.
(LACC Ord. 3597 Ch. 1 § 139(E), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
A. 
After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches (18 inches if scarifying), the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction.
B. 
Once the physical location of pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavating, in cooperation with and with the occurrence of the owner, shall determine how to protect the pipeline from damage before proceeding with his or her work.
(LACC Ord. 3597 Ch. 1 § 139(F), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
Each permittee excavating in the highway shall notify the public agency maintaining records for the jurisdiction and the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.
(LACC Ord. 3597 Ch. 1 § 139(G), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
No moving contractor, as defined in Section 8.01.140, shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any highway, and it is determined that the height, width or weight of said load exceeds the height, width or weight as stated in the permit, and property damage results therefrom, the public works director is authorized to withhold any other moving permit from the violator until he or she produces evidence satisfactory to the public works director that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility. The permittee violating this section may also be prosecuted under the provisions of Sections 8.01.1160 and 8.01.1170.
(LACC Ord. 3597 Ch. 1 § 139(H), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979; Ord. 402 § 2, 2011)
The permittee shall save harmless the county, its officers, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken.
(LACC Ord. 3597 Ch. 1 § 139(I), 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 3, 1977; Ord. 63, 1979)
A. 
Upon completion of the permittee's activity, the public works director, at his or her option, may require the permittee to restore that portion of the highway facilities damaged by the permittee's activity, or the public works director, may elect to do such restoration him or herself.
B. 
Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.
C. 
The base course removed shall be replaced to the same thickness as that of the surrounding base course.
D. 
When the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.
E. 
When the structural section removed varies from or exceeds the average existing section, the public works director may elect to require the replacement of an equivalent section which would meet the average structural section requirements.
F. 
In those instances where the permittee's excavation is within an area of highway to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the public works director may waive such resurfacing.
(LACC Ord. 3597 Ch. 1 § 137, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
All persons shall obey and comply with every order, decision, direction or rule made or presented by the public works director in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility regulated by the public utilities commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the public utilities commission applicable to such public utility.
(LACC Ord. 3597 Ch. 1 § 142, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A person shall not obstruct the public works director, or his or her duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test.
(LACC Ord. 3597 Ch. 1 § 129, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any highway facility has been damaged and the person fails or refuses to repair or restore; then the commissioner with his or her own forces or otherwise may cause such to be placed, erected, completed, repaired, restored, removed and/or maintained. The person shall pay for any and all costs.
(LACC Ord. 3597 Ch. 1 § 140, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The public works director may restrict the use of, or close, any city highway whenever he or she considers such closing or restriction of use necessary:
A. 
For the protection of the public;
B. 
For the protection of such highway from damage during storms;
C. 
During construction, improvement or maintenance operations thereon.
(LACC Ord. 3597 Ch. 1 § 143, 1940; LACC Ord. 9879 § 1, 1969; Ord. 63, 1979; Ord. 402 § 2, 2011)
Application for a permit shall be made in writing to the public works director, on the forms provided by the public works director.
(LACC Ord. 3597 Ch. 2 § 201, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
An applicant for a permit shall state in his or her application: name and address, such other information as is required by this chapter, and such other information as the public works director may require.
(LACC Ord. 3597 Ch. 2 § 202, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
On each application the applicant or agent shall sign a statement that he or she agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his or her activities pursuant to the permit applied for.
(LACC Ord. 3597 Ch. 2 § 203, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The public works director may make such changes or additions in any application for a permit as in his or her opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, for the safety of persons using such highways, as to the route over which to move any over height, width, length or weight load; as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and as to other permits issued pursuant to this chapter.
(LACC Ord. 3597 Ch. 2 § 204, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection and other similar requirements. He or she also may require whatever advance notice he or she deems proper for requests for inspection. The public works director may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the public works director may revoke the permit and require that a new permit be secured before further work is done.
(LACC Ord. 3597 Ch. 2 § 205, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may require the permittee to make proper arrangements for and bear the cost of the relocation of any structure, publicly owned facility, tree or shrub where such relocation is made necessary by the proposed work for which a permit is issued. The public works director may elect to do the necessary relocation at the permittee's expense.
(Ord. 3597 Ch. 2 § 208, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may require that evidence be submitted with the application to satisfy him or her that the proposed overhead structure or encroachment will not, insofar as he or she can foresee, create a hazard of any kind.
(LACC Ord. 3597 Ch. 2 § 213, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If the applicant complies with every applicable provision of this chapter and all applicable provisions of all other ordinances and statutes, the public works director may issue to the applicant a written permit to perform the work set forth in the application. The public works director may refuse to issue a permit if he or she finds that it is not in the best interest of the general public to do so.
(LACC Ord. 3597 Ch. 2 § 209, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Blanket permits, renewable annually, may be issued subject to the compliance with all applicable provisions of this chapter. The public works director may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the public works director and for paying for inspection, repairs and other costs incurred by the public works director due to the permittee's activity.
(LACC Ord. 3597 Ch. 2 § 207, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Each permit shall specify the time the permit shall become null and void and the permit shall become null and void on the date so specified unless the public works director extends the time. The public works director may extend the time if in his or her opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.
(LACC Ord. 3597 Ch. 2 § 206, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, when 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 proposed assessment district for which proceedings have been instituted by the board of supervisors.
(LACC Ord. 3597 Ch. 2 § 211, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director, or representative, for cause, may cancel the privilege granted by the permit and may remove the permit from the job location. If removed or cancelled by other means by anyone other than the public works director, it shall be delivered to the office of the public works director within 24 hours accompanied by a written report regarding the incident.
(LACC Ord. 3597 Ch. 2 § 210, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
All persons, except as otherwise specified in this chapter, shall pay an issuance fee and all other costs and charges as established for the work covered in this chapter.
(LACC Ord. 3597 Ch. 3 § 301, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The issuance fee shall be established by order of the city council. The fee shall not exceed the amount determined by the city council to be sufficient to defray the cost of handling by the city. In the absence of any such order, the issuance fee shall be one dollar ($1.00).
(LACC Ord. 3597 Ch. 3 § 304, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
Issuance fees and charges for repairs, inspection or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.
(LACC Ord. 3597 Ch. 3 § 302, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The following shall be exempt from paying the issuance fee: the United States, this state, all departments of this city, any municipal corporation, any school district, and any special district organized under state law.
(LACC Ord. 3597 Ch. 3 § 303, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The public works director may grant a permit without issuance fee if he or she finds that the work to be done has been requested by the city in connection with proposed public works.
(LACC Ord. 3597 Ch. 3 § 305, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If the public works director determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he or she may in specific instances waive all fees and deposits.
(LACC Ord. 3597 Ch. 3 § 306, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director shall not charge for any engineering or inspection on permits for the construction of curbs, gutters, walks and highway surfaces except when the construction of curbs, gutters, walks and highway surfaces is in connection with subdivision activity or is directly for private interests where the public is not benefitted.
(LACC Ord. 3597 Ch. 3 § 308, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The fee for each true copy of a permit to the permittee is twenty-five cents ($0.25).
(LACC Ord. 3597 Ch. 3 § 307, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The city council may establish unit fees for inspection, transportation, tests, or any other costs incurred by the public works director due to the permittee's activity.
(LACC Ord. 3597 Ch. 3 § 309, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The permittee is liable for and shall pay for all the public works director's costs related to the permit, including, but not restricted to, the following:
A. 
The permit issuance fee if that has not otherwise been paid;
B. 
Engineering, which includes design, inspection, survey and tests;
C. 
The cost of any inspection, transportation, or test made;
D. 
The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;
E. 
The cost of furnishing and/or maintaining any lights, barricades or warning devices;
F. 
The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes, and any other expense for traffic control;
G. 
The cost of removing or remedying any hazardous condition;
H. 
The cost of tree trimming;
I. 
Any other cost to the county caused by the permittee's activity.
(LACC Ord. 3597 Ch. 3 § 310, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the city.
(LACC Ord. 3597 Ch. 3 § 314, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If an applicant receives a permit pursuant to the provisions of Section 8.01.500 and the governmental agency fails to make the inspection or fails to file evidence as required, the public works director may inspect the work and the permittee shall pay the actual cost of such inspection to the public works director.
(LACC Ord. 3597 Ch. 3 § 315, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Whenever in the provisions of this chapter any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation, in accordance with current practice in charging for work performed for the public.
(LACC Ord. 3597 Ch. 3 § 311, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
In order to promote the welfare, well-being and safety of the public traveling along or across any highway, the public works director may do any work within the highways of whatever nature is required in his or her opinion to reestablish conditions as they existed prior to commencement of work done by any person within the highways and for which a permit has been obtained. The public works director shall charge the cost of this rehabilitation to the person doing the unauthorized work.
(LACC Ord. 3597 Ch. 3 § 312, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
The public works director's costs of repairing and restoring the highway surface may be charged to a permittee on the square-foot-thickness method or an actual-cost basis.
B. 
Under the square-foot-thickness method, the charge shall be computed as follows: the square feet of surface repaired, multiplied by the number of inches of depth plus one inch, multiplied by the rate set by order of the city council. In the absence of such an order, the rate shall be ten cents ($0.10), and the cost in any case shall be presumed to be not less than $5.
(LACC Ord. 3597 Ch. 3 § 313, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Whenever a permittee fails to comply with the conditions established for the exercise of a privilege granted under a permit, the public works director may revoke the privilege. Upon such revocation, the permittee shall immediately restore the highway to the satisfaction of the public works director. If the permittee fails to do so, the public works director may restore the highway at the expense of the permittee or charge the permittee a fee of $200 a day for each day of failure to restore the highway.
(LACC Ord. 3597 Ch. 3 § 316, 1940; LACC Ord. 9879 § 2, 1969; LACC Ord. 11581 § 4, 1977; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
Every applicant for a permit, unless exempt by law, other than the United States, this state, departments of this city, municipalities and special districts, shall be required to provide a cash deposit or other adequate security, as determined by the commissioner, to guarantee payment of charges due under this chapter. The amount of the deposit or security shall be sufficient to recover all costs of any nature which the public works director estimates he or she will incur if the permittee does not fulfill his or her permit requirements.
B. 
A cash deposit or other adequate security is not required in the case of construction under contract with the county where a faithful performance bond is posted or other surety is deposited and assigned to the city which guarantees to the city the repair of the highway, including construction financed in whole or in part by special assessments.
(LACC Ord. 3597 Ch. 4 § 401, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A cash deposit may be in the form of a special deposit for each permit, or in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit, it shall be with the understanding that he or she will pay all bills sent him or her by the public works director for work covered by this chapter.
(LACC Ord. 3597 Ch. 4 § 402, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
In lieu of a general cash deposit, the public works director may accept from an applicant other types of security as specified below:
A. 
Surety Bond. The public works director may accept a surety bond in a sum of not less than $1,000 on a form supplied by the public works director and executed by a corporation incorporated for the purpose of making, guaranteeing or becoming a surety upon bonds complying with Section 1056 of the Code of Civil Procedure. It shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the said surety bond.
B. 
Savings and Loan Association Shares. The public works director may accept the assignment of savings and loan certificates or shares subject to the county Administrative Code provisions set out at Chapter 4.36 of the Los Angeles County Code.
C. 
Insurance. As security on moving permits only, the public works director may accept a certificate of insurance and endorsement on the standard forms provided by the public works director. Such certificate and endorsement shall show that an insurance policy of not less than $10,000 has been issued to the applicant and is in full force and effect, and in which policy the insurer directly agrees to reimburse the city for all sums due it from the permittee for damage to highway facilities.
D. 
Additional Securities. The public works director may require any type of security that has, in his or her opinion, become insufficient for protection of the public interest to be increased to such an amount as he or she has determined will be sufficient to protect the public interest. He or she may require special deposits or other security.
(LACC Ord. 3597 Ch. 4 § 403, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit or other payment required by this chapter, as provided in the Administrative Code of the county of Los Angeles set out in Titles 2, 3, 4 and 5 of the LACC.
(LACC Ord. 3597 Ch. 4 § 404, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this chapter.
(LACC Ord. 3597 Ch. 5 § 501, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If, within 30 days after a bill has been sent, the permittee does not pay same in full, such amount may be deducted from his or her general deposit, or the public works director may recover the amount due from any security the permittee has filed under Sections 8.01.560 through 8.01.590. If the deposit or security is insufficient to pay the amount due, the city may enforce collection by legal means.
(LACC Ord. 3597 Ch. 5 § 502, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
At the request of a permittee who maintains with the public works director adequate security, as provided in Sections 8.01.560 through 8.01.590, and to whom ten or more permits have been issued monthly for three consecutive months, the public works director may waive the requirement covering prepayment of the issuance fees, and bill said permittee for issuance fees covering permits issued subsequent to such request. The public works director may revoke such waiver at any time.
(LACC Ord. 3597 Ch. 5 § 503, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation, encroachment or moving operation in such highway it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation, encroachment or moving operation, the permittee shall pay to the public works director the cost of such additional repair; provided, however, that the public works director shall have the option of either making the repair or requiring the permittee to make the repair.
(LACC Ord. 3597 Ch. 5 § 504, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, or to his or her assigns.
(LACC Ord. 3597 Ch. 6 § 601, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee.
(LACC Ord. 3597 Ch. 6 § 602, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The fee deposited for driveway inspection or any other unit fee established may be refunded if it was erroneously collected or if the work was not constructed by the permittee.
(LACC Ord. 3597 Ch. 6 § 603, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The provisions of Sections 8.01.690 through 8.01.820 apply to permits for the laying, constructing, reconstructing or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, highway lights or lighting system, or other appurtenant structures.
(LACC Ord. 3597 Ch. 7 § 701, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
If, in the opinion of the public works director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the public works director may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.
(LACC Ord. 3597 Ch. 7 § 702, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Before a permittee performs any work covered by this chapter he or she shall obtain from the public works director the approved lines and grades therefor.
(LACC Ord. 3597 Ch. 7 § 703, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A driveway shall not be constructed or maintained where fences, buildings, natural grade or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway.
(LACC Ord. 3597 Ch. 7 § 705, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway. The width of an individual driveway shall be not less than ten feet and shall not exceed in width:
A. 
Twenty feet if the driveway serves only residences or apartments;
B. 
Twenty feet for lots or parcels of land less than 100 feet wide;
C. 
Thirty feet or 20% of the front frontage of the lot or parcel of land, whichever is greater, but not to exceed 60 feet, when the driveway serves other than residences or apartments on a lot or parcel of land not less than 100 feet wide.
(LACC Ord. 3597 Ch. 7 § 706, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The aggregate width of the total number of driveways serving any single lot or parcel of land from any one highway shall not exceed:
A. 
Forty percent of the frontage, if the driveway serves only residences or apartments;
B. 
Sixty percent of the frontage in other cases.
(LACC Ord. 3597 Ch. 7 § 707, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be 22 feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least one foot; otherwise, a common or continuous driveway will be required.
(LACC Ord. 3597 Ch. 7 § 708, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
A. 
A driveway, including the side slopes, shall not be constructed:
1. 
Between the prolonged intersecting property lines of any highways; or
2. 
Between the points of curvature of any curb return having a radius of 20 feet or less.
B. 
In applying the provisions of this section, the condition producing the greater length of curb between the specified control points in the particular case shall govern.
(LACC Ord. 3597 Ch. 7 § 709, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
A. 
A driveway, including the side slopes, shall not be constructed between the points of curvature of any curb return except:
1. 
In the case of a curb return having a radius of 25 feet or more, driveways may encroach at each end thereof for a distance not greater than one-eighth of the total arc length of return, leaving in the clear at least three-quarters of such arc length, if such encroachment does not conflict with other requirements of this section.
2. 
In the case of a curb return having a radius of less than 25 feet but more than 20 feet, the maximum permissible encroachment at each end of the return, subject to other requirements of this section, shall be that proportion of one-eighth of the total arc length that the difference between the length of the radius and 20 feet bears to five.
B. 
Notwithstanding any of the foregoing provisions, a driveway shall not encroach on any curb return beyond or ahead of any traffic-regulating device located on or adjacent thereto.
(LACC Ord. 3597 Ch. 7 § 710, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
Where topographical or traffic conditions are such that a modification of the provisions of Sections 8.01.710 through 8.01.770 are necessary for the promotion of traffic safety, and the public works director so finds, he or she may permit a deviation from the provisions of such sections to the extent which he or she finds necessary.
(LACC Ord. 3597 Ch. 7 § 711, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If the public works director, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this chapter, he or she 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.
(LACC Ord. 3597 Ch. 7 § 712, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the city council, shall refer such offer to the public works director for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this chapter and with the standard specifications.
(LACC Ord. 3597 Ch. 7 § 713, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
Upon reference to him or her, the public works director shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof, and shall report, in writing, to the city council advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform.
B. 
If such light or system does not conform, the city council shall not accept such offer of dedication unless and until such light or system shall have first been made to conform to the provisions of this chapter and to the said specifications.
(LACC Ord. 3597 Ch. 7 § 714, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If any stakes set for any work covered by this chapter are disturbed or destroyed by cause directly attributable to the permittee's delay in making use of the stakes, the public works director shall set the additional stakes and shall charge the cost thereof to the permittee.
(LACC Ord. 3597 Ch. 7 § 715, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The provisions of Sections 8.01.840 through 8.01.990 apply to permits for the making, or causing to be made, in any highway, of excavations, and for the placing, constructing, testing, repairing, changing, monitoring, removing or abandoning of facilities or encroachments. The provisions of this chapter also apply to written emergency plans for owners or operators of pipelines used to convey toxic, corrosive or flammable liquids, and mandatory membership in a one-call notification system.
(LACC Ord. 3597 Ch. 8 § 801, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 5, 1977; LACC Ord. 12038 § 4, 1979; Ord. 63, 1979)
When a one-call notification system is operational in the city, no person shall maintain and operate a pipeline designed to carry hazardous substances below the surface of a highway unless said person is a member of the system. Such person shall provide to the public works director such proof as required that said person is a member of the system in the city. For the purpose of this section, electrical facilities shall not be considered hazardous.
(LACC Ord. 3597 Ch. 8 § 801.1, 1940; LACC Ord. 12038 § 5, 1979; Ord. 63, 1979; Ord. 402 § 2, 2011)
Each applicant for an excavation or encroachment permit shall file with the application a plat in quintuplicate showing the highways in which the proposed excavation, facility or encroachment will be placed, together with the exact location and dimensions of the proposed excavations, or the specifications and characteristics of the facility or encroachment, together with any other details which the public works director requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the public works director may waive the filing of a plat. Approved plats shall become public records.
(LACC Ord. 3597 Ch. 8 § 802, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 6, 1977; Ord. 63, 1979; Ord. 402 § 2, 2011)
Except as provided in Section 8.01.870, the following minimum depths of cover below existing, finished or proposed gutter grade shall be required for all underground pipelines within the roadway area:
A. 
Local Streets.
Twenty-four inches for service pipelines;
Thirty inches for all pipelines transporting nonhazardous substances;
Thirty inches for electrical facilities;
Forty-two inches for all pipelines transporting hazardous substances as defined in Section 8.01.020.
B. 
Master Plan Highways.
Twenty-four inches for service pipelines;
Thirty-six inches for pipelines transporting nonhazardous substances;
Forty-two inches for electrical facilities;
Forty-two inches for pipelines transporting hazardous substances, as defined in Section 8.01.020.
(LACC Ord. 3597 Ch. 8 § 802.1, 1940; LACC Ord. 11581 § 7, 1977; LACC Ord. 82-0268 § 1, 1982; LACC Ord. 85-0207 § 2, 1985; Ord. 63, 1979)
A minimum depth of cover of 18 inches below existing or proposed edge of gutter grade shall be permitted for cable TV and telephone conduits designed pursuant to special requirements of the road commissioner, and to be placed in existing roadways as follows:
A. 
Mainline cable conduit in a four- to five-inch-wide trench located adjacent to the concrete gutter (three from the edge of curb if no gutter exists);
B. 
Service cable conduits crossing the roadway from the mainline to serve users on the opposite side of local streets when installed by an acceptable boring method.
(LACC Ord. 82-0268 § 2, 1982; Ord. 63, 1979)
A. 
After initial installation under this chapter of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, such pipeline shall be subject to a hydrostatic pressure test as provided herein before it is placed in operation. The duration of the hydrostatic test for this purpose shall not be less than 24 hours.
B. 
After repair or replacement of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, made necessary to repair leaks or breaks, or replacements made necessary for changes required by improvements within the roadway, the affected portion of the pipeline shall be subjected to a hydrostatic pressure test as provided herein before placing in operation. The duration of the hydrostatic test for this purpose shall be not less than 24 hours. However, no such test is required for a minor repair which does not require removal of the pipeline from operation. If the affected section is isolated and tested hydrostatically, pressure test of the tie-in welds is not required; however, tie-in welds shall be examined by radiographic means.
C. 
No pipeline subject to this chapter used or to be used to carry toxic, corrosive or flammable liquids and over ten years of age shall be operated beyond the successive ensuing 12 month period of time unless retested annually by a hydrostatic pressure test or other test means acceptable to the public works director. The duration of the periodic test for this purpose shall not be less than four hours.
D. 
Each pressure test, either initial or retest, shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision. The public works director may authorize the use of a liquid petroleum that does not vaporize rapidly (i.e., flash point over 150 degrees Fahrenheit or 66 degrees Centigrade) as a test medium. Pressure tests after initial installation of pipelines and before they are placed in operation shall show no unexplained loss. Annual or retest pressure tests shall not show an hourly loss, for each section of the pipeline under test at the time, in excess of either ten gallons, or the sum of one gallon and an amount computed at a rate in gallons per mile equivalent to one-tenth of the nominal internal diameter of the pipe.
E. 
The public works director may grant administrative waiver or other relief to an owner or operator under this chapter as to the periodic pressure testing of any pipelines as herein provided if owner or operator can demonstrate that such testing will cause the unreasonable unscheduled shutdown of plants, terminals, refineries or other facilities of which such pipelines constitute an integral part.
F. 
In addition to the foregoing requirements, any pipeline authorized by this chapter and subject to pressure testing shall be subjected to a pressure test by the owner or operator at any time as may be required by the public works director in the interest of public safety.
G. 
Within 30 days after completion of any test made pursuant to the provisions of this chapter, the owner or operator shall submit a certified report of such text for the public works director's review. The report shall show the date of test, description of portion of pipeline tested (identified with respect to city highways), and the test data. The report shall be sufficient in detail to permit analysis of test results and determination of compliance with the applicable provisions of the ordinance codified in this chapter or any other applicable ordinance, rule or regulation. The report shall also contain any other test information as may be specifically requested by the public works director.
(LACC Ord. 3597 Ch. 8 § 802.2, 1940; LACC Ord. 12038 § 6, 1979; Ord. 63, 1979; Ord. 402 § 2, 2011)
Block valves shall be installed on each new main at locations along the pipeline system that will minimize damage from accidental product discharge. Said location shall be appropriate for the terrain and the population density of the area.
(LACC Ord. 3597 Ch. 8 § 802.3, 1940; LACC Ord. 12038 § 7, 1979; Ord. 63, 1979)
As provided in the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision, a cathodic protection system shall be installed for all new ferrous pipelines used to carry toxic, corrosive or flammable substances other than utility gases in order to mitigate corrosion deterioration that might result in structural failure. The cathodic protection system for all new ferrous pipelines carrying utility gases shall be installed in accordance with General Order No. 112-C of the Public Utilities Commission of the state of California. A test procedure shall be developed by the owner or operator to determine whether adequate cathodic protection has been achieved and submitted to the commissioner for approval. Reports of cathodic protection evaluation in accordance with such approved procedure shall be made available annually for review by the public works director.
(LACC Ord. 3597 Ch. 8 § 802.4, 1940; LACC Ord. 12038 § 8, 1979; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
Each owner or operator of a pipeline used or to be used to convey toxic, corrosive or flammable liquids shall have a written emergency plan approved and on file with the city forester and fire warden. The plan shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision.
B. 
The plan shall include, but not be limited to, the following elements:
1. 
A liaison element for intercommunications between public agencies and pipeline owners or operators to provide for prompt coordinated remedial action, and the dissemination of information as to the location and ownership identification of pipelines based on the best available records and plans;
2. 
A spill contingency element to limit the extent of accidental product discharge by which pipeline owners or operators shall involve themselves in a cooperative pipeline leak notification emergency action system;
3. 
A leak detection element by which the pipeline owners or operators can monitor the flow of their product and can divert, reduce or stop the flow of said product at the first indication of a product leak;
4. 
A first-on-the-scene emergency containment element, in cooperation with other pipeline owners or operators, to be utilized until arrival of the affected pipeline owner's or operator's personnel. First-on-the-scene costs shall be borne by the owner or operator of the facility, and shall be reimbursed to the organization effecting the emergency containment.
(LACC Ord. 3597 Ch. 8 § 802.5, 1940; LACC Ord. 12038 § 9, 1979; Ord. 63, 1979)
Immediately upon completion of the work necessitating the excavation, facility or encroachment permitted by any permit issued, the permittee shall promptly and in a workmanlike manner restore the area affected by his or her activity to a condition satisfactory to the public works director.
(LACC Ord. 3597 Ch. 8 § 803, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A permittee shall refill an excavation in the manner which is satisfactory to the public works director and is most effective to accomplish thorough consolidation and enable the highway to be restored to a condition equivalent to that in which it was prior to the excavation.
(LACC Ord. 3597 Ch. 8 § 804, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Upon completion of the refilling of the excavation, or completion of the cut or fill, the permittee shall so notify the public works director in writing on a form prescribed by the public works director. Whenever a plat was required by Section 8.01.850 and there were substantial deviations approved during the work from the dimensions or locations as shown on the plat, the permittee shall transmit to the commissioner a concise "as-built plat" upon completion of his or her work, showing the accurate location, depth and size of the facility or encroachment so laid, removed or abandoned.
(LACC Ord. 3597 Ch. 8 § 805, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 9, 1977; Ord. 63, 1979; Ord. 402 § 2, 2011)
Every application shall contain a statement, signed by the applicant, that if any facility or encroachment placed in the excavation or the facility or encroachment for which a permit is issued interferes with the future use of the highway by the general public, then the applicant and his or her successors or assigns will at his or her own expense remove or relocate to a location satisfactory to the public works director such facility or encroachment. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement.
(LACC Ord. 3597 Ch. 8 § 806, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 10, 1977; Ord. 63, 1979; Ord. 402 § 2, 2011)
Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any facility or encroachment in any highway, or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day.
(LACC Ord. 3597 Ch. 8 § 807, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 11, 1977; Ord. 63, 1979)
The public works director shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground, and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the commission finds that the remoteness of the area or other conditions render underground installation impractical or infeasible.
(LACC Ord. 3597 Ch. 8 § 808, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may establish such requirements as he or she may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits.
(LACC Ord. 3597 Ch. 8 § 809, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
A. 
Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under terms and conditions prescribed by the public works director. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed, and indicating its exact location. Permission to abandon a facility or encroachment without removing shall be subject to removal within one year after the effective date of the abandonment if the facility or encroachment may interfere with a present or future public improvement. If it is determined that the facility or encroachment should be removed, the permittee or its successor in interest shall remove it at its expense or pay county for the cost of such removal. Permittee shall leave any abandoned facility or encroachment in a safe condition.
B. 
In addition to the foregoing, abandonment in place of a pipeline used to convey toxic, corrosive or flammable liquids will be subject to the following requirements:
1. 
The pipeline shall be thoroughly purged of liquids and vapors and filled with an inert material that will remain in a solid or semisolid state if any portion of the pipeline is cut or removed in the future.
2. 
The permittee shall file a certificate with the commissioner that said requirements have been complied with and the abandoned pipeline has been left in a safe condition.
(LACC Ord. 3597 Ch. 8 § 810, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 11581 § 12, 1977; LACC Ord. 12038 § 10, 1979; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director may grant a permit to drill a hole not exceeding four inches in diameter in a public sidewalk or in that portion of a public highway not used for vehicular traffic for the purpose of inserting a flagpole therein upon which the flag of the United States, the flag of the state of California, or the flag of the county of Los Angeles is displayed.
(LACC Ord. 3597 Ch. 11 § 1101, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Except when such hole is being used to support the flagpole of the flag of the United States, state of California or county of Los Angeles, permittee or his or her successor or assign shall plug such hole with wood, metal, plastic or concrete plug, which shall be so constructed as to completely cover such hole level with the surrounding surface, or shall refill such hole and restore the highway to a condition equivalent to that in which it was prior to the excavation.
(LACC Ord. 3597 Ch. 11 § 1102, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
In all cases where Ordinance 2225, entitled Building Code and set out at Title 26 of the Los Angeles County Code requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the public works director shall not grant a permit to move such building or structure until the applicant furnishes to the public works director evidence that such owner has such relocation permit.
(Ord. 3597 Ch. 9 § 903, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director shall not issue a permit to move any load when the weight of load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the public works director that the size, shape or physical characteristics of the load, or portion thereof, to be moved make it impossible or impracticable to keep within such weight limits, the public works director may issue a permit to move a load on a vehicle every wheel of which is equipped with pneumatic tires where the commissioner has determined that such movement will not cause injury to the highways, bridges, and appurtenances installed therein or thereunder.
(Ord. 3597 Ch. 9 § 904, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
The public works director is authorized to issue or withhold the permit at his or her discretion; or, if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle or vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle when necessary to assure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the highways and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle.
(LACC Ord. 3597 Ch. 9 § 907, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Any person lawfully operating or maintaining overhead facilities across any highway in the city who desires information pertaining to any moving permits issued for the moving of a building of 18 feet or more feet in height shall file a written request with the public works director. The public works director shall make such information available to the requesting person. The public works director shall not allow the moving of a building for a period of 48 hours after the filing of a permit application in order to allow such person time to inspect the route the permittee intends to take. In the event the permittee needs to make any change in the route set forth on the permit, said permit shall be void until the moving contractor has obtained an approved change in the route.
(LACC Ord. 3597 Ch. 9 § 908, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
When so required by the public works director, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of a vehicle, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along or across any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank or runway.
(LACC Ord. 3597 Ch. 9 § 902, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
If a building or structure is moved in more than one section, and more than one of such sections is moved at the same time, the moving contractor shall affix and maintain at all times in conspicuous places on each section on which the original permit is not affixed, true copies of such permit.
(LACC Ord. 3597 Ch. 9 § 905, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
The public works director may require that the moving of any load or vehicle be under the supervision of an inspector to be appointed by the public works director.
(LACC Ord. 3597 Ch. 9 § 906, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Each overhead structure which extends over the portion of the highway used by vehicles shall be not less than 15 feet above the highest portion of the highway surface. If the public works director finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the public works director.
(LACC Ord. 3597 Ch. 10 § 1001, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979; Ord. 402 § 2, 2011)
Each overhead structure used primarily for a covered shelter for ingress and egress into a doorway shall not exceed ten feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported by metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts.
(LACC Ord. 3597 Ch. 10 § 1002, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
Any permit to erect or maintain an overhead structure shall be treated as and deemed to be a permit to maintain such structure until expiration or revocation of the permit. This section does not apply to agencies operating under approved franchise.
(LACC Ord. 3597 Ch. 10 § 1003, 1940; LACC Ord. 9349 § 1, 1967; Ord. 63, 1979)
A. 
Whenever the director of public works or designee or a law enforcement official determines that a roll-off bin, portable storage container or other encroachment located on the highway, public property or public right-of-way causes a dangerous condition or obstruction, he or she may cause the immediate removal, relocation and/or remedy of that condition without prior notice to the responsible owner or permittee of that encroachment.
B. 
The director of public works or designee may remove or cause to be removed any roll-off bin or other encroachment that is placed on the highway, public property or public right-of-way without a required permit or in violation of permit conditions, provided that a reasonable attempt has been made to contact the owner and to give 24 hours' notice of the intent to remove the bin.
C. 
The director of public works or designee may remove or cause to be removed any portable storage container placed on the highway, public property or public right-of-way, provided that a reasonable attempt has been made to contact the owner and to give 24 hours' notice of the intent to remove the container.
D. 
The responsible property owner and/or operator shall pay any and all costs incurred for removal and storage of a roll-off bin or encroachment pursuant to this section.
(Ord. 402 § 1, 2011)
Notwithstanding any provisions of the highway permit ordinance of the city, the following provisions are enacted by the city council to prevent unnecessary interference with new pavement on public streets and highways during the period immediately following its construction or resurfacing:
A. 
The city shall attempt to give notice to all owners of substructures located within the city streets who might be affected, approximately one year prior to the probable date of construction of any new paving or repaving of any street in the city, and approximately four months prior to such date. The failure to give any such notice shall not affect the further provisions of this section.
B. 
No excavation shall be made in any city street within two years following the date of completion and acceptance of any work of paving or repaving of such street except for emergency repairs or service, unless the person proposing to make such excavation shall agree to pay for the resurfacing of the entire street section with an asphaltic concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street.
(Ord. 132 § 1, 1986)
A. 
If an applicant for a building or encroachment permit is required, as a condition for the issuance of such permit, to indemnify the city from liability or responsibility for any damage or injury to persons or property occurring as a proximate result to activities undertaken pursuant to the permit applied for, the applicant may be required to file a certificate of insurance evidencing coverage of the city of not less than $500,000 for bodily injury and/or $100,000 for property damage liability to assure compliance with the foregoing indemnification.
B. 
When the county of Los Angeles is providing services to the city in the issuance of such permits, the county of Los Angeles as well as the city shall be a named insured.
(Ord. 150 § 1, 1987)
Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the public works director or who, having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit or who performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs.
(LACC Ord. 3597 Ch. 19 § 1901, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 10816 § 1 (part) 1973; Ord. 63, 1979; Ord. 402 § 2, 2011)
Violation of any provision of this chapter is punishable by a fine of not more than $500 or by imprisonment in a county jail for not more than six months, or by both such fine and imprisonment.
(LACC Ord. 3597 Ch. 19 § 1902, 1940; LACC Ord. 9349 § 1, 1967; LACC Ord. 10816 § 1, 1973; Ord. 63, 1979)