All work shall be performed in accordance with the Standard
Specifications for Public Works Construction—1991 Edition, or
according to the plans 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 a conflict between two specifications,
the higher specification shall apply.
(Prior code § 7103.05; Ord. 806 § 1, 1992)
Any person who shall commence any work for which a permit is required by Division I and Chapters 12.36 and 12.40 of this title without first having obtained a permit therefor shall stop and apply for such permit.
(Prior code § 7103.06)
Every permit issued under Division I and Chapters 12.36 and 12.40 of this title for activity or work in, along, on, over, across or under the street 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 street 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 city engineer.
(Prior code § 7103.04)
Every person who commences any activity or work regulated by Division I and Chapters 12.36 and 12.40 of this title must comply with the provisions of Division I and Chapters 12.36 and 12.40, the provisions made a part of any permit, and the provisions of the specifications and all codes referred to by said Division I and Chapters 12.36 and 12.40.
(Prior code § 7103.09)
Whenever Division I and Chapters 12.36 and 12.40 of this title 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 said Division I and Chapters 12.36 and 12.40, whether such person obtains such a permit or not.
(Prior code § 7103.03)
Any person engaged in performing work regulated by Division I and Chapters 12.36 and 12.40 of this title 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 by the city engineer.
(Prior code § 7103.01)
The permittee shall make the permit available for inspection
by the city engineer or his or her representative, or by any peace
officer or other person having responsibility for safety or maintenance
of the street. Each permit for moving must be in or on the vehicle
or combination of vehicles to which it refers.
(Prior code § 7103.07)
A person shall not obstruct the city engineer or his or her duly authorized representative in making any inspection authorized by Division I and Chapters 12.36 and 12.40 of this title, or in taking any sample or in making any test.
(Prior code § 7103.02)
Every person who commences any activity or work regulated by Division I and Chapters 12.36 and 12.40 of this title shall safeguard and complete the activity or work within a reasonable time. Any part of the street facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the city engineer. All surplus material of any kind shall be removed from the street.
(Prior code § 7103.08)
All persons shall obey and comply with every order, decision,
direction or rule made or presented by the city engineer 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 street, 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.
(Prior code § 7103.14)
The city engineer may restrict the use of or close any city
street 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 city street from damage during storms;
C.
During
construction, improvement or maintenance operations thereon.
(Prior code § 7103.15)
The permittee shall investigate and be aware of all existing
facilities lawfully within the streets 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.
(Prior code § 7103.12(A))
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.
(Prior code § 7103.12(B))
A.
Except
in emergency work to protect the public and property, any permittee
proposing to excavate in any street 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
forty-eight hours prior to the time of proposed excavation, exclusive
of weekends or legal holidays.
B.
At
such time as a one-call notification system is operational in the
incorporated territory of the city, the permittee shall notify those
owners or operators who are members of the system by notifying the
system by telephone at least forty-eight hours prior to the time of
proposed excavation, exclusive of weekends or legal holidays. The
permit shall not be valid until the permittee receives a "ticket"
number from the system acknowledging the notification, which number
the permittee shall enter upon the face of the permit. Such notification
is an additional method to be used in determining underground facilities,
and does not relieve the permittee from the responsibility to assure
that owners or operators of such facilities are notified.
C.
Any
permittee shall likewise notify nonmembers of the system who are owners
or operators of facilities in the vicinity of the proposed excavation.
D.
Any
person receiving notice pursuant to this chapter shall, not less than
one working day in advance of proposed construction unless otherwise
agreed between such person and the permittee, inform the permittee
of or field mark the location of any underground facility in the proposed
area of excavation.
(Prior code § 7103.12(D))
Each permittee excavating in the street shall notify the public
agency maintaining records for that 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 part of the permanent substructure records.
(Prior code § 7103.12(G))
No moving contractor, as defined in Chapter 12.04, 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 street, and it is determined that the height, width or weight of such load exceeds the height, width or weight as stated in the permit and property damage results therefrom, the city engineer is authorized to withhold any other moving permit from the violator until he or she produces evidence satisfactory to the city engineer 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 Division I and Chapters 12.36 and 12.40 of this title.
(Prior code § 7103.12(H))
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 such 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.
(Prior code § 7103.12(C))
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 or acceptable method, 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 the
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 Street Construction. The pipelines shall be located at intervals
not greater than twenty-five feet for lines less than eight inches
in diameter, fifty feet for lines of eight inches through twenty-four
inches in diameter, and one hundred feet for lines greater than twenty-four
inches in diameter;
2.
Trench
Excavation.
a.
Longitudinal Pipelines. All longitudinal pipelines in the construction
area of the streets shall be located at intervals not greater than
five hundred feet. If determined to be within six feet of the excavation,
it shall be further located at intervals not greater than twenty-five
feet for lines less than eight inches in diameter, fifty feet for
lines of eight inches through twenty-four inches in diameter, and
one hundred feet for lines greater than twenty-four inches in diameter,
b.
Transverse Pipelines. If the location of the pipelines 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.
(Prior code § 7103.12(E))
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 twelve inches (eighteen 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 concurrence of the owner, shall determine
how to protect the pipeline from damage before proceeding with his
or her work.
(Prior code § 7103.12(F))
A.
Upon
completion of the permittee's activity, the city engineer, at his
or her option, may require the permittee to restore that portion of
the street facilities damaged by the permittee's activity, or the
city engineer may elect to do such restoration himself.
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.
Where
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 city engineer 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 street to be reconstructed by the city and the resurfacing of the
excavation is an integral part of the general city improvement, the
city engineer may waive such resurfacing.
(Prior code § 7103.10)
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 street facility has been damaged and the
person fails or refuses to repair or restore; the city engineer, with
city forces or otherwise, may cause such to be placed, erected, completed,
repaired, restored and/or maintained. The person shall pay for any
and all costs.
(Prior code § 7103.13)
The permittee shall save harmless the city, 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 result of the work undertaken.
(Prior code § 7103.12(I))
Every person who performs any work regulated by Division I and Chapters 12.36 and 12.40 of this title, either without first obtaining a permit therefor from the city engineer or, having a permit, fails or refuses to comply with any applicable provisions of said Division I and Chapters 12.36 and 12.40, or with any conditions of the permit, or 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.
(Prior code § 7103.16)
Violation of any provisions of Division I and Chapters 12.36 and 12.40 of this title is punishable by a fine of not more than five hundred dollars, or by imprisonment in a county jail for not more than six months, or by both such fine and imprisonment.
(Prior code § 7103.17)
The city engineer shall notify in writing the owner, occupant,
lessee or other persons having possession of the premises where any
person has constructed, reconstructed or repaired curbs, gutters,
driveways, culverts, streetlights or lighting systems, or other appurtenant
structures, with or without a permit, in violation of the standards
established by the city engineer, that the continued maintenance or
existence of such violation will constitute a hazardous condition
for pedestrians and motorists, and in some instances endanger the
public health, safety and welfare, and that such person or persons
must remove, replace or otherwise correct such violation within thirty
days, and if not so removed, replaced or otherwise corrected within
such thirty days, that the same will be removed, replaced or otherwise
corrected by the city engineer and the expense thereof charged to
such person or persons.
(Prior code § 7103.18)
If the violation is not so abated by the person within such
thirty days, the city engineer shall file with the city council a
written report setting forth the facts of the violation, the giving
of such notice, and the work needed to be done to remove, replace
or otherwise correct the violation. The city clerk shall then give
a written notice of hearing before the city council, setting forth,
among other things, the following:
A.
The
street address and legal description sufficient for identification
of the premises where the violation is located;
B.
The
conditions because of which the city engineer believes such violation
is a hazard, or endangers the public health, safety and welfare;
C.
The
date, hour and place of hearing;
D.
The
necessary work or act to be performed;
E.
A general
statement that all interested parties who desire to be heard may appear
before the city council to show cause why the violation should not
be abated.
(Prior code § 7103.19)
The city clerk shall cause one copy of the notice of hearing
to be posted in a conspicuous place on the premises where the violation
exists and shall, in addition, not less than ten days prior to the
hearing, cause one copy of the notice to be served, either in the
manner required by law for the service of summons or by first class
mail, postage prepaid, upon the owner of the premises as well as upon
the possessor or occupant or any person in apparent charge or control
of such premises.
(Prior code § 7103.20)
A.
B.
If
the finding and order is that the violation is a hazard or endangers
the public health, safety and welfare, requiring abatement, the order
shall state the street address of the property involved as well as
a legal description of the premises sufficient for identification,
the particulars which render the violation a hazard or endangers the
public health, safety and welfare, the work required to be done, and
the time within which the work must be commenced, which shall not
be less than ten days nor later than thirty days after the service
of the order, and a reasonable time within which the work shall be
completed, as established by the city council in such order.
C.
The
city clerk shall post the order in a conspicuous place on the premises
involved and serve a copy thereof in the manner prescribed herein
for service of the notice of hearing upon the person upon whom this
chapter requires the notice of hearing to be served.
(Prior code § 7103.21)
A.
The
owner or other person having charge and control of the property where
the violation found to be a hazard or endangering the public safety,
health and welfare exists, who fails to comply with any order of the
city council to abate the violation is guilty of a misdemeanor.
B.
Any
person who removes any notice or order posted as required by this
section is guilty of a misdemeanor.
(Prior code § 7103.22)
A.
The
city council finds and determines that if the owner of the premises
fails to comply with such order within the time specified by the city
council, or any extension thereof, that the city engineer shall cause
the work of abatement to be performed as ordered previously. In such
an event, the city engineer or his or her duly authorized agent shall
keep an itemized account of the expenses involved in the abatement
of the violation.
B.
Upon
completion of the work, the city engineer shall cause to be posted
on the property where the work was performed a verified statement
showing the cost of the abatement as well as a notice of the time
and place when and where the verified statement of cost will be submitted
to the city council for approval and confirmation, and at which time
the city council shall consider any objections or protests, if any,
which may be raised by any property owner liable to be assessed for
the cost of such work, and any other interested person. A copy of
the statement and notice shall be mailed in the same manner prescribed
in this chapter for mailing of notice of hearing, and an affidavit
of such posting and mailing shall be filed with the city clerk.
(Prior code § 7103.23)
A.
The
posting and giving notice of the statement of cost of the work shall
be within ten days from the completion of the work as ordered, and
the hearing on the statement shall be not less than ten days nor more
than thirty days from the date of giving of the notice.
B.
At
the time fixed for the hearing of the statement of expense, the city
council shall consider the statement together with any objections
or protests which may be raised by any of the property owners liable
to be assessed for doing the work, and any other interested person,
and thereupon the city council may make such revision, correction
or modification of the statement as it may deem just, after which,
by motion or resolution, the report as submitted (or in the event
any revisions, corrections or modifications have been ordered by the
city council, then the statement as revised, corrected or modified),
shall be confirmed.
(Prior code § 7103.24)
A.
The
cost of the work and the expense of abatement of the violation shall
be a lien against the property on which it was maintained, "Cost,"
as used in this section, means the cost after deducting therefrom
any consideration or price received, if any, for materials removed
in the abatement of the violation. In the event the cost is not paid
within five days after the decision of the city council confirming
the statement, such shall constitute a lien upon the real property
upon which the violation was abated, which lien shall continue until
the amount thereof and interest thereon at the rate of six percent
per year, computed from the date of confirmation of the statement
until paid, has been paid, or until it is discharged of record.
B.
In
the event of nonpayment, the city council shall, at any time within
sixty days after the decision of the city council on the statement,
cause to be filed in the office of the county recorder of the county
in which the property is located, a certificate substantially in the
following form:
|
NOTICE OF LIEN
|
|
Pursuant to the authority vested in the undersigned by Division
I of Title 12 of the Pico Rivera Municipal Code, the undersigned did
on the __________ day of __________, 20_____, cause a violation to
be abated on the real property hereinafter described and the undersigned
did on the __________ day of __________, 20_______, by action duly
recorded in its official minutes as of said date, assess the cost
of such abatement, less the amount received from the sale of any materials
removed in the course of said abatement, upon the real property hereinafter
described, and the same has not been paid nor any part thereof and
the said undersigned does hereby claim a lien on said real property
for the net expenses for the doing of said work in the sum of $__________,
and the work shall be a lien upon said real property until the said
sum, with interest at the rate of 6% per annum, from the said day
of __________, 20_____, (insert day of confirmation of statement),
has been paid in full and discharged of record, as well as a personal
obligation against (insert name of property owner).
|
|
The real property hereinbefore mentioned, upon which a lien
is claimed, is that certain place or parcel of land lying and being
in the City of Pico Rivera, County of Los Angeles, State of California,
and particularly described as follows:
|
|
DATED this __________ day of __________, 20__________.
|
|
CITY OF PICO RIVERA
|
|
By ____________________________
City Engineer
|
(Prior code § 7103.25)
A.
The
cost of the abatement shall also constitute a special assessment against
the parcel. Confirmation of the statement or report shall be a confirmation
of the assessment, and shall be a lien on the property or parcel where
the abatement was performed.
B.
After
confirmation of the statement, a certified copy of the claim shall
be filed with the county auditor on or before August 10th. The description
of the parcel or parcels reporting shall be those used for the parcels
on the county assessor's map book for the current year. The county
auditor shall enter each assessment on the county tax roll opposite
the parcel of land. The amount of the assessment shall be collected
at the time and in the manner of ordinary municipal taxes. As an alternative
method, the county tax collector, in his or her discretion, may collect
the assessment without reference to the general taxes, by issuing
separate bills and receipts for the assessment. Law relating to the
levy, collection and enforcement of county taxes shall apply to such
special assessment taxes.
C.
The
city engineer may receive the amount due on the abatement cost and
issue receipts at any time after the confirmation of the statement,
prior to August 1st of that current year.
D.
The
city council may order refunded all or part of a tax paid pursuant
to the provisions of this section if it finds that all or part of
the taxes have been erroneously levied. A tax or part shall not be
refunded unless a claim is filed with the city clerk on or before
March 1st after taxes become due and payable. The claim shall be verified
by the person who pays the tax or is guardian, executor or administrator.
(Prior code § 7103.26)
A.
The
remedies herein set forth are cumulative. Violations on publicly dedicated
rights-of-way may be abated in accordance with the terms and provisions
of Division I of this title. Any failure hereunder to record the lien
under the provisions of this division shall not bar collection for
the cost of the abatement of the violation by either special assessment
proceedings, or by other means.
B.
The
provisions of this division constituting the cost of the abatement
of the violation a lien against the property may be modified by the
city council as it deems necessary in confirming the report of the
city engineer in those cases where the city council should find that
a proportionate share or all of the share of the cost of the work
should be borne by the city in the best public interest.
(Prior code § 7103.27)
