This ordinance shall be known as the "Construction in Streets"
ordinance.
(SCC 1101 § 2, 1998)
For purposes of this chapter:
"Obstruction"
shall be defined as any activity or structure, temporary
or permanent, encroaching into the road right-of-way excepting utility
poles or pole lines placed upon the unimproved portion of the highway.
"Person"
includes any individual, firm, partnership, association,
corporation, public district or other political subdivision.
"Road Commissioner"
means the Director of County Engineering for the Sacramento
County Public Works Agency or his or her designee.
(Ord. 421 § 1, 1952; SCC 1101 § 2, 1998)
It is unlawful for any person to lay, construct or maintain
any pipes, drain, or conduit across, along or on any street, road
or highway in the County, or to make any excavation or cut or obstruction
therein for such purposes without first obtaining a permit from the
Road Commissioner to do so in the manner herein provided. Every applicant
shall state in detail the following information:
a. The
location, dimension, purpose, extent and nature thereof;
b. The
time during which it is estimated that the excavation or obstruction
will exist;
c. Such
other information as may be required by the Road Commissioner.
(Ord. 421 § 2, 1952; SCC 1101 § 2, 1998)
A minimum processing fee of $75.00 or such other amount as may
be established by resolution of the Board of Supervisors, shall be
paid for permits prior to permit issuance, except where a continuous
billing account has been established. Additional costs incurred by
Sacramento County, Public Works Agency for processing and inspection
shall be billed to the permittee on a time and material basis, based
upon the prevailing Public Works Agency rates in effect at the time
of permit processing.
(Ord. 421 § 3, 1952; SCC 1101 § 2, 1998)
Every applicant for a permit hereunder shall file with the application
a plan showing the street or highway in which the proposed excavation
will be made, together with the approximate locations and dimensions
of the proposed excavations or obstructions. When excavations are
made for service connections or for the repair of trouble in conduits
or other pipes, or for culverts or drainage pipes under driveways,
the Road Commissioner may waive the filing of a plan.
(Ord. 421 § 4, 1952; SCC 1101 § 2, 1998)
Any act done under the authority of a written permit issued
pursuant to the provisions of this chapter, shall be done in accordance
with the terms and conditions of such permit.
(Ord. 421 § 5, 1952; SCC 1101 § 2, 1998)
Immediately upon completion of the work necessitating the excavation
or obstruction permitted by the permit issued hereunder, the permittee
shall at his or her own cost and expense, promptly and in a workmanlike
manner refill the excavation or remove the obstruction. All excavations
shall be refilled in a manner consistent with then applicable County
standard specifications and the specific terms and conditions contained
in the permit. Upon completion of the refilling of the excavation
the Road Commissioner shall require the permittee to resurface that
portion of the street or highway damaged by the permittee's excavation
or obstruction. The resurfacing shall be done in accordance with the
standard specifications prescribed by the Board of Supervisors for
the repair and resurfacing of County highways.
(Ord. 421 § 6, 1952; SCC 1101 § 2, 1998)
Except as hereinafter provided, the Road Commissioner shall require the applicant to deposit a sum of money sufficient in the opinion of the Road Commissioner to cover the total cost of refilling any excavation and proper restoration of the highway as required hereunder. If the work of refilling the excavation is in accordance with the requirements of Section
12.08.060 and the restoration of the highway is completed in accordance with the standards herein prescribed, the deposit shall be returned to the permittee at the expiration of one hundred eighty days from the completion of work. If during such time the refilled excavation settles, or if the resurfacing or restoration of the highway disintegrates or develops ruts or holes, the Road Commissioner shall require the permittee to repair or resurface the highway to eliminate all ruts and holes therein. If the permittee fails or refuses to do such work, the Road Commissioner shall do the work required, and pay the cost thereof out of the deposit. If the deposit is insufficient for this purpose the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay such a deficiency upon demand, the County may recover the same by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee.
(Ord. 421 § 7, 1952; SCC 1101 § 2, 1998)
The Road Commissioner may waive a special deposit whenever in
his or her opinion the proposed excavation or obstruction is of a
minor nature or other suitable security is provided.
(Ord. 421 § 8, 1952; SCC 1101 § 2, 1998)
In lieu of making a special deposit required by Section
12.08.070, the applicant may make and maintain with the Road Commissioner a general deposit in an amount estimated by the Road Commissioner to be sufficient to pay for the cost of any expected repairs occasioned by any excavation or obstruction authorized by any permit issued hereunder to the applicant, but not to exceed twenty-five thousand dollars. The general deposit shall be held and used for the same purposes as the special deposit required herein. The deposit shall be a corporate surety bond, or other corporate bond acceptable to the Road Commissioner, cash, certified check or cashier's check payable to the County. Provided, however, the maintenance of a general deposit does not relieve an applicant from making application for every proposed excavation or obstruction, but more than one proposed excavation or obstruction may be included in one application.
(Ord. 421 § 9, 1952; SCC 1101 § 2, 1998)
If the permittee fails or refuses to refill any excavation as required by Section
12.08.060 or remove any obstruction which he or she has placed upon the highway or fails and refuses to restore or resurface that portion of the surface of the highway damaged by him or her in accordance with the standards herein prescribed, the Road Commissioner may do such refilling and resurfacing and pay the cost thereof out of the deposit made by the permittee. The deposit shall also be used to maintain the work for a period of one hundred eighty days after completion thereof. If the amount of the deposit is not sufficient to cover the cost of the work and the maintenance thereof the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay the deficiency upon demand, the County may recover the same by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee. In lieu of such deductions the Road Commissioner may bill such person for the amount owed by him or her to the County. If such amount is not paid within fifteen days of the rendition of the bill, the Road Commissioner may deduct the amount from the general deposit as herein provided.
(Ord. 421 § 10, 1952; SCC 1101 § 2, 1998)
No deposit shall be required of any public district, public
utility, or political subdivision (as provided in California Streets
and Highway Code section 1468) which is authorized by law to establish
or maintain works or facilities in, under or over any public highway,
nor shall the application of any such governmental unit be denied
except as hereinafter provided. Every such applicant shall be entitled
as a matter of right to a permit but shall otherwise be subject to
the provisions of this chapter. The Road Commissioner shall have the
right to deny a permit to such applicant where the applicant has failed
to comply with the provisions of this chapter relating to the refilling
of excavations, removing or relocating obstructions or the resurfacing
or restoration of any highway, and the maintenance thereof, under
any previous permit.
(Ord. 421 § 11, 1952; SCC 1101 § 2, 1998)
All permits issued hereunder shall be nontransferable and the
work authorized by the permit must commence within thirty days of
issuance thereof, and must be completed within the time estimated
in the application. The Road Commissioner may grant a reasonable extension
when the work has been unavoidably delayed without fault of the permittee.
(Ord. 421 § 12, 1952; SCC 1101 § 2, 1998)
Nothing herein contained shall prohibit any person from making
such excavation as may be necessary for the preservation of life or
property when such necessity arises if the person making the excavation
promptly notifies the Road Commissioner of any such action. Any person
making such excavation shall refill the excavation in accordance with
the standards prescribed by this chapter that would be applicable
if a permit was received.
(Ord. 421 § 13, 1952; SCC 1101 § 2, 1998)
The issuance of a permit hereunder shall not be construed as
imposing any liability upon the County or upon any of its officers
or employees by reason of damage or injury to persons or property
resulting from any excavation or obstruction authorized by the permit.
(SCC 1101 § 2, 1998)
Any activity contrary to the provisions of this chapter or contrary
to an encroachment permit or the terms or conditions imposed therein
is unlawful and a public nuisance, and the Road Commissioner is authorized
to commence in the name of the County actions or proceedings for the
abatement and removal and enjoining thereof in the manner provided
by law, and shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as will abate
and remove such operation and restrain and enjoin any person, firm
or corporation from so operating.
(SCC 1101 § 2, 1998)
a. Any
person violating the provisions of this chapter or any encroachment
permit issued pursuant to this chapter is guilty of a misdemeanor.
b. In
addition to any other remedies available at law, any person violating
the provisions of this chapter or any encroachment permit issued pursuant
to this chapter shall be liable to the County for all expenses and
damages caused by any such violation.
c.
1. In
addition to any other remedies provided by this chapter or state law,
there are hereby imposed the following administrative civil penalties
for each violation of this chapter or the terms and conditions of
any encroachment permit issued pursuant to this chapter.
i. Any person initiating work within the public road right-of-way without
obtaining an encroachment permit shall be subject to and responsible
for a fine in the amount of $2,500 for a first violation, $5,000 for
a second violation, or $10,000 for a third or subsequent violation.
ii. Any person in possession of a valid encroachment permit that initiates
work within the public road right-of-way, but fails to provide notification
for inspection as required by the permit shall be subject to and responsible
for a fine in the amount of one thousand ($1,000) for a first violation,
$2,500 for a second violation, or $5,000 for a third or subsequent
violation.
2. Whenever
the Road Commissioner determines that an encroachment violates the
provisions of this chapter, or the terms and conditions of any encroachment
permit issued pursuant to this chapter, the Road Commissioner shall
give written notice of such violation to the alleged violator. The
notice shall include the following information:
i. The street address, legal description or other description sufficient
to identify the affected property.
ii. The penalty imposed as a result of such violation.
iii. A statement that the party affected may file a written request for
hearing with the Road Commissioner if it objects to imposition of
the penalty.
iv. A statement that the penalty imposed shall be enforced if the party
fails to file a timely written request for a hearing.
3. Notice
of any administrative civil penalty shall be served either personally
or by mailing a copy of such notice by certified mail, postage prepaid,
return receipt requested, to the alleged violator. Service shall be
effective for all purposes upon receipt if personally served, or within
five days of mailing as herein provided. Proof of service of the notice
shall be certified at the time of service by a written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date, and manner in which service was made. The
declaration, together with any receipt card returned in acknowledgment
of receipt by certified mail, shall be affixed to the copy of the
notice retained by the Road Commissioner. The failure of a party to
receive such notice shall not affect in any manner the validity of
any proceedings taken pursuant to this chapter.
4.
i. A written request for a hearing must be received by the Road Commissioner
within seven days of the effective date of service of the notice.
The Road Commissioner shall set a time and date for the hearing and
notify the party requesting the hearing in writing of the time, date
and place of the hearing. The hearing shall be before a Hearing Officer
designated by the Road Commissioner.
ii. The hearing shall be held at the earliest administratively convenient
date, taking into consideration the availability of counsel and witnesses.
Notice of the date set for hearing shall be mailed to the parties
at least 10 calendar days prior to the hearing date. The alleged violator
shall be entitled to appear personally, produce evidence, and be represented
by counsel. At the hearing, the County shall have the burden of going
forward first with evidence in support of the allegations contained
in the order imposing penalties and shall have the burden of establishing
the facts by a preponderance of the evidence. The Hearing Officer
may administer oaths and take official notice of facts as authorized
by law.
iii. Oral evidence shall be taken only on oath or affirmation.
iv. Each party shall have the following rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any
matter relevant to the issues even though that matter was not covered
in the direct examination; to impeach any witness regardless of which
party first called him or her to testify; and to rebut the evidence
against it.
v. The hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining
other evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions.
The rules of privilege shall be effective to the extent that they
are otherwise required by statute to be recognized at the hearing,
and irrelevant and unduly repetitious evidence shall be excluded.
vi. The order of the Hearing Officer shall be in writing resolving the
essential issues raised and confirming, amending or rejecting the
administrative civil penalty imposed by the Road Commissioner. Procedures
concerning notice and service thereof shall be as provided herein.
5. The
manner of contesting the final order of the Hearing Officer concerning
any administrative civil penalty is governed by
Government Code Section
53069.4, or any successor provision thereto. A copy of the notice
of appeal authorized by
Government Code Section 53069.4 shall be served
upon the Clerk of the Board of Supervisors.
d. Each
party violating any provision of this chapter or any encroachment
permit issued pursuant to this chapter shall be guilty of a separate
offense for each and every day on which any such violation is committed,
continued, or permitted by any such person.
e. In
addition to any penalty, sanction, fine or imprisonment, any person
violating the provisions of this chapter or any encroachment permit
issued pursuant to this chapter shall be required to pay any and all
expenses of enforcement including those costs necessary to inspect,
remove and/or correct the violation. In addition to all remedies herein
contained, the County may pursue all reasonable and legal means in
collecting those sums authorized and due.
(SCC 1101 § 2, 1998)