Ord 250ORDINANCE NO. 250
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REPEALING
CHAPTER 12.04 OF THE POWAY MUNICIPAL CODE AND ADOPTING
A NEW CHAPTER 12.04 OF THE POWAY MUNICIPAL CODE
ESTABLISHING A PUBLIC RIGHT-OF-WAY PERMIT
WHEREAS, it is the intention of the City Council to ensure the safety of the
commuting public and pedestrians while work is being performed in the public
right-of-way; and
WHEREAS, it is the intent of the City Council to require that a public
right-of-way permit be obtained by anyone who intends to perform work or cause
work to be performed in the public right-of-way.
NOW, THEREFORE, the City Council of the City of Poway does ordain as
follows:
Section 1. The City Council of the City of Poway does hereby repeals in its
entirety existing Chapter 12.04 of the Poway Municipal Code and adopts a new
Chapter 12.04 of the Poway Municipal Code herein contained as Exhibit "A"
attached hereto.
Section 2. If any portion of this Ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of competent jurisdic-
tion, the remaining portions of this Ordinance shall be severable therefrom and
shall continue in full force and effect.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
{30) days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use summary publication procedures pursuant to
Government Code Section 36933 utilizing the Poway News-Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 15th day of December, 1987 and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 5th day of January ,
1988, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
arjorie~ Wahlsten, City Clerk
Robert C. Emery, M~ -
Chapter 12.04
PUBLIC RIGHT-OF-WAY PERMIT
Sections:
12.04.010
12.04.020
12.04.030
12.04.040
12.04.050
12.04.060
12.04.070
12.04.080
12.04.090
12.04.100
12.04.110
12.04.120
12.04.130
12.04.140
12.04.150
12.04.160
12.04.170
12.04.180
12.04.190
12.04.200
Scope of Regulation.
Permit Required.
Permit Application.
Exceptions for Emergency Work.
Traffic Control Plan.
Issuance of Permit.
Denial or Extension of Permit.
Permittee Liable for Damages.
Inspection Deposit.
Permit Fee.
Permit Deposit.
Revocation of Permit.
Extension of Permit.
Suspension of Permit.
Presentatlon of Permit.
Permit Vlolations.
Hours of Operation.
Remedies.
Appeal.
Designated Agents for the City of Poway.
12.04.010 Scope of Regulation. The provisions of this chapter shall apply
to anyone performing work in the public right-of-way, including but not limited
to the following:
1. a developer of privatge property, his agents employees, contractors,
subcontractors.
2. contractors, their agents, employees, and subcontractors under contract
with the City of Poway to perform work In the public right-of-way.
3. all utilities and franchisees.
12.04.020 Permit Required. No work shall be performed or caused to be per-
formed, in the public right-of-way without first obtaining from the Director of
Public Services or his designee a written Public Right-of-Way Permit in accor-
dance with this chapter.
(a) Private. In the event that the work is being performed by a
developer of private or public property, his agents, employees, contractors,
or subcontractors, then the permit shall be obtained by the developer and
signed by the contractor;
(b) City Contracts. The contractor shall be required to obtain a per-
mit for any work being done in the publlc right-of-way under contract with
the City of Poway.
(c) Utllities and Franchisees. Work in the public right-of-way by a
utility or franchisee requires the permit to be acquired by a designated
representative of the utility and/or franchisee.
12.04.30 Permit Application. Application for a permit shall be made in
writing on a form prescribed by the Director of Publlc Services. The applica-
tion shall include:
1. The location description and justification for the work and the extent
to which it may interfere with the public use of roadway;
2. The duration for which the permit is sought and the date it is
requested to be effective;
The application must include a schedule specifing the days of the week
and the hours of the day for which the permit is sought, and the work
to be performed;
A copy of a current Certificate of Insurance in the amount of $1
million, Worker's Compensation insurance, and appropriate contractor's
license;
5. List of all subcontractors who will be performing work under the
permit, and a copy of their contractor's license;
Such other information that the Director of Public Services may
require,including but not limited to, construction drawings prepared
and signed by a registered civil engineer, traffic detour plan, soils
report, and any other information deemed necessary to ensure that the
proposed work within the public right-of-way is performed per City
standards;
12.04.040 Exceptions for Emergency Work. In an emergency, work may be
performed until a permit can be acquired on the following working day. In such
cases the Permittee will be required to notify the City's law endorcement offi-
cials immediately of the location and approximate length of time for the
emergency work to be performed.
12.04.050 Traffic Control Plan. Prior to the issuance of a permit, the
applicant shall submit to and have a traffic control plan approved as to form
and content by the Director of Public Services or his designee. The traffic
control plan shall comply with the State of California Manual of traffic control
for construction and mantenance zones. The traffic control plan shall be sub-
ject to review and modification by the Director of Public Services at any time
as the public health, safety or convenience may require.
12.04.060 Issuance of Permit. The Director of Public Services shall approve
or conditionally approve or deny applications for a Public Improvement Permit
subject to the requirements of this chapter.
12.04.070 Denial or Extension of Permit. The Director of Public Services
shall not issue a Public Right-of-Way Permit where he finds that the work as
proposed will:
1. Irreparably damage private or public property.
2. Unreasonably expose any property or persons to injury.
3. Unreasonably interfere with the orderly movement of traffic.
4. Impair use of the right-of-way for an unreasonable period of time.
12.04.080 Permitte Liable for Damages. Every Permit shall contain an
agreement signed by the applicant that the City and all officers, agents and
employees thereof shall be held harmless by the applicant from any liability or
responsibility for any accident, loss to persons or property, occurring in whole
or in part as the result of any act or omission of the permittee or his contrac-
tors or employees.
12.04.090 Inspection Deposit. The amount of the inspection deposit will be
established by a resolution of the City Council.
12.04.100 Permit Fee. The permit fee will be established by a resolution of
the City Council.
12.04.110 Permit Deposit. Prior to receiving a public right-of-way permit,
the applicant shall be required to deposit cash for the purpose of securing
timely completion and or correction of the work. The amount of the deposit
shall be established by resolution of the City Council. The deposit shall be
maintained in its full amount at all times during the term of the permit.
Failure to maintain the deposit in its full amount following five working days
written notice from the City to replace funds withdrawn from the deposit, shall
result in revocation of the permit. The cost of any work performed by the City
or its agents which is necessitated by the applicant's failure to comply with
the conditions of the permit, will be deducted from the applicant's deposit.
The Director of Public Services shall have the right to waive or reduce the per-
mit deposit for City contractors, utilities or franchises. Within 40 days after
the acceptance by the City of the work which is the subject of the permit, the
deposit shall be refunded to the permittee, less any amount deducted by the City
in the form of forfeitures or costs for work performed.
12.04.120 Revocation of Permit. The Director of Public Services shall
revoke a Public Right-of-Way Permit by a letter sent either Certified Mail or
Hand Delivered to the developer and/or contractor, if any of the following
exist:
1. The term of the permit has expired.
2. Work performed in violation any term or condition of the permit.
3. Work performed creating or resulting in a condition on or near
the right-of-way which presents a hazard or danger to the public,
or is otherwise not authorized by the permit.
12.04.130 Extension of Permit. No work in the public right-of-way is to be
performed after the completion date specified on the permit, unless an exten-
sion of the permit! is obtained as provided in this section. At least two
working days prior to the expiration of the permit, the developer and his
contractor shall submit to the City a written request for a time extension. The
request shall specify the reasons for not completing the work by the date spe-
cified on the pe~mlt, and state the revised completion date. The Director of
Public Services is authorized to deny, approve, or revise the conditions of a
permit that has been requested for extension. The Director of Public Services
may also require the developer's deposit to be increased as a condition of
approval for the time extension, and may specify conditions for the protection
of the public health, safety, and welfare.
12.04.140 Suspension of Permit. The Director of Public Services may suspend
a permit if the condition in or around the public right-of-way is determined to
be a potential danger to the public health, safety or welfare. The suspension
notice shall be in the form of a letter sent Registered Mail or Hand Delivered
to the developer and/or contractor.
12.04.150 Presentation of Permit. The Public Right-of-Way Permit shall be
presented upon demand of any City employee or agent at the site of the Work
being performed. Failure to comply with this section shall constitute a mis-
demeanor and may result in the immediate suspension of the permit. The
contractor,the contractor's representative, or superintendent, must be on site
at all times work is being performed.
12.04.160 Permit Violations.
A. Violation of any condition or term of the permit resulting in a hazard
or danger to the public, shall result in the revocation of the permit.
Be
Any person required by this chapter to obtain a Public Right-of-Way
Permit who works in the public right-of-way without a valid permit or
in violation of a permit issued by the City, that is in full force and
effect, shall be guilty of a misdemeanor.
Any employee of a person required by this chapter to obtain a public
Right-of-Way Permit who works in the public right-of-way without a
valid permit or in violatioin of a permit issued by the City, that is
in full force and effect, shall be guilty of a misdemeanor.
Violation of any condition or term of the permit may, upon revocation
of the permit result in forfeiture of the remaining balance of the
developer's permit deposit.
12.04.170 Hours of Operation. Work in the public right-of-way shall be
allowed only on those days of the week and between the hours of the day provided
in the permit or as authorizated in writing by the Director of Public Services
or his/her designee. Work performe!d before or after these times shall consti-
tute a violation of the permit. No work shall be performed on Saturday or
Sunday unless expressly authorized by the terms of the permit as approved.
12.04.180 Remedies. Any work performed in the public right-of-way by the
permlttee or by an employee of the deve]oper, contractor, or subcontractor which
is not authorized by the permit or whlch presents a hazard or danger to the
public, sha]] (1) constitute a misdeameanor on the part of the permittee; (2)
constitute a misdemeanor on the individual or individuals performing the work;
(3) constitute grounds for any agent of the City to order all work stopped; (4)
constitute grounds for the Director of Public Services to direct the Permittee
or City retained forces to perform the work necessary to alleviate any and all
conditions causing a hazard or danger to the public. In the event that City
forces perform such work, the cost thereof plus administrative costs, shall be
reimbursed to the City from the developer's deposit. In the event the deposit
has been forfeited or is insufficient to cover the costs of the necessary work,
the permit may be revoked.
12.04.190 Appeal. Permittee shall have the right to appeal any stop work
order, order to perform work, permit suspension, permit revocation, or deposit
forteiture to the City Manager, by providing to the City Manager within three
{3} working days of the action taken, Permittee's written notice of appeal. The
filing of an appeal shall not affect any Stop "Work Order", permit suspension,
permit revocation, or deposit forfeiture during the appeal period unless so
ordered by the City Manager.
12.04.200 Designated Agents for the City of Poway. Designated agents and
employees of the City of Poway for purposes of enforcement of this chapter shall
include:
a. Law enforcement personnel or law enforcement personnel under
contract.
b. Employees or contract employees of the City of Poway employed to
provide engineering and inspection services.
c. City Manager or Assistant City Manager
e. City Attorney
O/Permitl-6/CP1