HomeMy WebLinkAboutOrdinances 1970 11/07/1994~ . .
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E'~fECT9V~ DATE
O~ O~DI~ANC~
D~~ ~' ~ .1994.
ORDINANCE NO. 1970 N.C.S.
Introduced by Councilmember
Ross Parkerson
Seconded by Councilmember
Jane Hamilton
AN ORDINANCE AMENDING PETALUMA MUNICIPAL CODE
TITLE 13 (STREETS AND OTHER PUBLIC PLACES)
CHAPTERS 13.08, 13.10 AND 13.12,
PERTAINING TO REGULATION OF TREES WITHIN CITY RIGHTS OF WAY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The City Council finds that the proposed amendments are exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15307 of the CEQA Guidelines.
Section 2. The City Council finds that the proposed amendments are consistent with the
goals and intent of the Petaluma General Plan.
Section 3. The City Council finds that preservation and protection of the City's public tree
resources is a matter of public concern, and that the proposed amendments will serve the
best interests of the community at large.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends Petaluma
Municipal Code Title 13 Chapters 13.08, 13.10, and 13.12 to read as follows:
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1 CHAPTER 13.08
2
3 TREES AND OTHEIt VEGETATICDN
4
5 13.08.010 Enforcement officer.
b The Director of Public Works or his duly authorized representative shall be charged
7 with the enforcement of this chapter (Ord. 528 NCS 2: prior code 26.1)
8
9 13.08.020 Plantang within public rights-of-way.
10 Any person planting or setting out any tree, or causing or procuring any person to
11 plant or set out any tree, in or on any part of any public street or right-of-way area in the
12 city shall undertake and complete said placement in accordance with the city-approved
13 street tree list and planting standards.
14
15 13.08.030 Itesolution listing approved trees.
16 The Tree Advisory Committee of the city shall consult with Parks, Public Works and
17 Planning staff and shall recommend to the City Council who, by resolution, shall adopt a
18 list of trees approved for planting within public rights-of-way. The resolution so adopted
19 may be amended from time to time and may contain therein such tree planting
20 requirements as are deemed necessary by the Council. The resolution so adopted or later
21 amended by the Council shall be filed with the City Clerk, the directors of Public Works,
22 Planning, and Parks, and copies thereof shall be made available to the public.
23
24 13.08.040 Street, utility or sidewalk hazard deemed nuisance.
25 Any tree or shrub growing in a public planting strip or other right-of-way area, or in
26 private property, which is endangering the security or usefulness of any public street, utility,
27 or sidewalk, is a public nuisance. The City may cause to have the same to be removed or
28 trimmed, or may require the awner of a property adjoining the affected right-of-way to
29 remove or trim any such tree or other vegetation and further may direct the City Attorney,
30 upon order of the City Council, to commence action or proceedings for the abatement and
31 removal and enjoinment thereof in the manner provided by law.
32
33 13.08.050 Traffic hazard deemed nuisance.
34 A tree, shrub or other vegetation which, in the opinion of the Director of Public
35 Works, constitutes a hazard to traffic through obstruction to visibility and movement along
2
~~~.x97oNCS ~g.a~-~~s
1 a public street is a public nuisance. The City may cause such tree or other vegetation to be
2 trimmed or removed and may commence proceedings for abatement as provided by law.
3
4 13.08.060 Destruction of trees in rights-of-way.
5 It is unlawful to damage, abuse, destroy, or mutilate any tree located in any public
i 6 right-of-way area, or to attach or place any rope or wire (other than one used to support a
' 7 tree), sign, poster, handbill, or other thing to or on any such tree, or to cause any wire
8 charged with electricity to come in contact with any such tree, or to allow any gas, liquid or
9 solid substance which is harmful to such trees to come into contact with their roots or
10 leaves. Unlawful activities include heading, topping, removal of major limbs and other
11 alteration which substantially impairs the structural integrity, health, aesthetic value or
12 general usefulness of trees located within public right-of-way areas, and which is not
13 consistent with the provisions under this title and City-adopted pruning guidelines.
14
15 The above provisions notwithstanding, trimming, pruning, and selective removal of
16 branches and foliage from such trees for purposes of maintaining a safe and nondangerous
17 condition for users of public streets and sidewalks, and for purposes of improving the
18 health, structure, aesthetic value and general usefulness of the trees shall be permitted,
19 provided such pruning is consistent with provisions under this title.
20
21 13.08.070 nee Removal Permits - Replacement.
22 It is unlawful for any person, organization, officer of the City or other public entity
23 to remove any tree located within the public rights-of-way without first obtaining a tree
24 removal permit, unless, in the opinion of the Director of Public Works or a duly authorized
25 representative, the tree presents a clear danger to public safety. Permits required under
26 this chapter shall be issued by the Director of Public Works or his duly authorized
27 representative subject to the concurrence of the directors of Parks and Planning or their
28 duly authorized representatives.
29 The Director of Public Works shall insure that applications for permits specify
30 complete information on the proposed action and shall determine prior to issuance of the
31 permit, that the proposed action is in conformity with one or more of the following
32 findings:
33
', 34 1. T'he tree is a public nuisance and removal is in the best interest of the health, safety
35 or welfare of the community.
, 36
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1 2. The physical condition of the tree (health, structure, or growth habit) is not
2 consistent with City General Plan policies promoting a city-wide pattern of healthy
3 street trees, provisions under this title, and City standards for planting and
4 maintenance of trees in right-of-way areas.
S
6 3. Removal of the tree is necessary to ensure reasonable access to an adjacent
7 property, or to preserve use of a property for any principle use permitted as of right
8 or by special permit under City Zoning Ordinance provisions, or other laws
9 governing use of the property.
10
11 The Director of Public Works may require replacement of a removed tree with a suitable
12 tree or trees consistent with the City-adopted street tree list and planting standards.
13 Failure to obtain said tree removal permit and/or replace removed tree(s) if required shall
14 be deemed a violation of this Chapter.
15
16 13.08.080 Appeal.
17 Any person dissatisfied with the decision of the Director of Public Works taken
18 under this chapter may appeal such decision to the City Council. Such appeal shall be filed
19 in writing with the City Clerk within 14 days of the date of the decision, and shall specify
20 the basis for appeal and the relief sought by the appellant. The appeal shall be heard
21 within two regularly scheduled meetings of the City Council. The Council may affirm,
22 modify, or reverse the decision of the Director in action taken by resolution.
~ 23
I 24 13.08.090 Violations.
25 Violation of any provision of this chapter is punishable as an infraction. In addition
26 to any fine established for such infraction, replacement of illegally removed, damaged,
27 destroyed or mutilated trees with healthy trees in conformance with the City street tree list
28 and planting standards shall be required. Violations may also be subject to abatement in
29 accordance with the manner provided by law.
4
OR~.~9'?'ONCS ~jg.~o~ ~S
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C~TER 13.10
I)IJTY OF PitOPEItTY OWNER TO MAYNTAIN SIDEWALKS AND PUBLIC STREET
I.ANI9SCAPE PLAN~'ERS
7 13.10.010 Trees - Property owner maintenance responsibility and duty to public.
8 A. The owner of a lot fronting on or adjacent to any portion of a street shall maintain
9 any trees, shrubs, hedges or other landscaping along said street or within the street
10 right-of-way adjacent to his or her property in such nondangerous condition that the
11 trees, shrubs, hedges or other landscaping will not interfere with the public
12 convenience or safety in the use of the streets and sidewalks. Said owners shall
13 maintain such street trees so that there is a minimum eight-foot vertical pedestrian
14 clearance from the top of the sidewalk and a minimum thirteen-foot vertical
15 vehicular clearance from the adjacent roadway surface, to any part of a street tree.
16 B. For purposes of this part, maintenance of trees, shrubs, hedges and other
17 landscaping includes but is not limited to: deep root watering, root pruning,
18 installing root barriers, clearance and structural trimming, fertilizing, pest control,
19 and removal of branches, leaves and other debris.
20 C. Property owners required by this section to maintain trees, shrubs, hedges and other
21 landscaping shall owe a duty to members of the public using public streets and
22 sidewalks to maintain such trees, shrubs, hedges or other landscaping in compliance
23 with provisions under this title and City-adopted pruning guidelines, in a safe and
,24 nondangerous condition for users of the public streets and sidewalks.
25 D. If any fronting or adjacent property owner fails to maintain any adjacent trees,
26 shrubs, hedges, or other landscaping in a nondangerous condition as required by this
27 section, and any person suffers damage or injury to person or property, the fronting
28 or adjacent property owner shall be liable for all damages or injuries caused by the
29 failure of the owner to maintain these areas. (Ord. 1879 NCS 1(part), 1992.)
30
31 13.10.020 Maintenance and repair of sidewalks and street landscape planters.
32 A. The owners of lots or portions of lots adjacent to or fronting on any portion of a
33 sidewalk area between the property line of the lots and the street line, including
34 landscape planting strips, sidewalks, curbs and gutters, and persons in possession of
35 such lots by virtue of any permit or right shall repair and maintain such sidewalk
36 areas and pay the costs and expenses therefor.
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1 B. For the purpose of this chapter, maintenance and repair of sidewalk area shall
; 2 include, but not be limited to, maintenance and repair of surfaces including
3 grinding, removal and replacement of sidewalks, repair and maintenance of curb
4 and gutters, removal of impervious paving materials from street tree planting strips,
5 or other right-of-way landscape planters, removal of weeds and/or debris, tree root
6 pruning and installing root barriers, trimming of shrubs and/or ground cover and
7 trimming shrubs within the area between the property line of the adjacent property
8 and the street pavement line, including planting strips and curbs, so that the
9 sidewalk area will remain in a condition that is not dangerous to property or to
10 persons using the sidewalk in a reasonable manner and will be in a condition which
11 will not interfere with the public convenience in the use of said sidewalk area.
12 C. Anything in this Chapter to the contrary notwithstanding, with respect to
13 maintenance and repair of sidewalk areas and the making, confirming and collecting
14 of assessment for the costs and expenses of said maintenance and repair, the City
1S may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets
16 and Highways Code of the State as the same is now in effect or may hereinafter be
, 17 amended. Should the City choose to proceed under Chapter 22 of Division 7, Part 3
~ 18 of the Streets and Highways Code, notwithstanding the provisions of Section 5614,
~' 19 of the State Streets and Highways Code, the Director of Public Works may, in his or
i'20 her discretion, and for sufficient cause, extend the period within which required
~ 21 maintenance and repairs of sidewalk area must commence by a period not to exceed
22 seventy-four (74) days from the time the notice referred to in Section 5614 is given.
23 Costs recoverable by the City may include a charge for the City of Petaluma's costs
24 of inspection and administration whenever the City awards a contract for such
25 maintenance and repair and including the costs of collection of assessment for the
26 costs of maintenance and repair or the handling of any lien placed on the property
27 due to the failure of the property owner to promptly pay such assessments.
28 D. All existing public street landscape planters shall be retained and preserved for the
29 purpose of providing live landscaping along the frontages of City streets. To this
30 end, covering, paving, sealing, or filling of public landscape planter areas with
31 impervious materials shall be prohibited. Failure to comply with this Section shall
i 32 be deemed a violation of this Chapter.
33
~34 When, during the course of a development project, it is necessary to remove or
35 reconstruct public street improvements (i.e., curb, gutter, sidewalk), such
~ 36 improvements shall be reconstructed to preserve or re-establish any previously
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1 etcisting public landscape planter. Existing street trees and other landscaping shall
2 be preserved to the extent possible, or new landscaping installed to the satisfaction
3 of the Director of Public Works.
4
5 Subsequent to adoption of this Ordinance, any unauthorized work conducted within
6 public right-of-way landscape areas shall be brought into conformance with the
7 intent and provisions of this Chapter, and other applicable provisions of the
S Petaluma Municipal Code pertaining to encroachments on City property and
9 destruction of public landscaping. Such unauthorized work shall constitute a
10 violation of this chapter and is punishable as an infraction, subject to provisions set
11 forth under Chapter 13.08 of this title. 'The City shall further require removal of any
12 impervious material installed, and restitution of any previously existing landscaping.
13
14 13.10.030 I.iability for anjuries to public.
15 The property owners of lots or portions of lots fronting on or adjacent to any portion
16 of a street or any portion of a sidewalk area between the property line of the lots and the
17 street line and any persons in possession of such lots by virtue of any permit or right, shall
18 owe a duty to members of the public to keep and maintain the sidewalk area in a safe and
19 nondangerous condition. If as a result of the failure of any property owner to maintain the
20 sidewalk area in a nondangerous condition, any person suffers injury or damage to person
21 or property, the property owner shall be liable to such person for the resulting damages or
22 injury.
23
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0~~.1970NCS ~i9~~ ~ Is
1 C~TER 13.12
2
3 EXCAVATIONS *
4
5 13.12.010 Permit required.
6 Any person requesting to make or causing to be made any excavation in or under
7 the surface of any public street, alley, sidewalk or other rights-of-way or public easements
8 for the installation, repair or removal of any pipe, conduit, duct, tunnel, or for any other
9 purpose, shall first obtain from the Public Works Director written permits pursuant to this
10 chapter to make such excavation showing the location and dimensions of such proposed
11 excavation, together with any other information or details, directions or regulations
12 required by this chapter or pursuant thereto. (Ord. 1369 NCS 2(part), 1979.)
13
~ 14 13.12.020 Commencement.
15 Excavations shall be confined to the work described in the permits issued therefor
~
' 16 as described in Section 13.12.200. Each permittee shall notify the Public Works Director or
17 his/her duly authorized representative when excavation under the permit will be
18 commenced, and such notice shall be given at least eight working hours before such time of
19 commencement, it being understood that the working hours are between eight a.m. and
20 five p.m. from Monday to and including Friday of each week, excepting legal holidays.
21 (Ord. 1369 NCS 2(part), 1979.)
22
23 13.12.030 Prompt prosecution.
24 After any excavation is commenced, the work of making and backfilling the same
25 shall be prosecuted with due diligence, and so as not to obstruct the street or other public
26 place or travel thereon, more than is actually necessary therefor. If the work is not so
27 prosecuted, or the work of backfilling does not, in the judgement of the Public Works
'28 Director comply with the terms of this chapter, the Public Works Director shall notify the
I29 person named in the permit required by this chapter, in writing, that the work is not being
30 prosecuted with due diligence, or that the backfilling of such exca~ation has not been
31 properly done, and shall require such person, within three days, after the service of such
32 notice, to proceed with diligent prosecution of such work, or properly to complete the same
33 as the case may be. Such notice shall be served personally, or by leaving the same at the
~Editor's Note: For statutory provisions authorizin~ cities to require removal of encroachments from public
ways, see Gov. Code 38775; for the statutory provisions regarding abandoned excavations, see Gov. Code
50230 et seq.
g~~iD.19 '~' 0 N C S 1~9• ~~~s
1 residence or place of business of such person as shown on the application for the permit, or
2 such notice may be served by depositing the same in the United States mail in a sealed
3 envelope, postage fully prepaid for certified mail, addressed to such person at such place of
4 business of his residence, if known, or if unknown, addressed to his last known address. If
5 such notice is not complied with, the Public Works Director may do or cause such work as
6 may be necessary to backfill such excavation, and to restore the street or other public place,
7 or part therefor excavated, to as good a condition as the same was in before such
8 excavation was made. (Ord. 1369 NCS (part), 1979.)
9
10 13.12.040 Extension of completion time.
11 Upon application in writing by the holder of any permit issued pursuant to this
~ 112 chapter, the Public Works Director may, by permit in writing, extend the time for
' ~ 13 completion of exca~ation and backfill upon proof of circumstances beyond the control of
~ 14 the permittee justifying the extension. (Ord. 1369 NCS 2(part), 1979.)
~ 15
16 13.12.050 Right of city to complete.
17 Upon the failure to complete to the satisfaction of the Public Works Director the
18 excavation and backfilling required under the permit issued in accordance with this
19 chapter, within two weeks after the excavation has been commenced, or prior to the
20 expiration of any extension granted therefor, the city shall have the right to complete such
21 work or cause the same to be completed and deduct the cost thereof from, and charge the
22 same against, any deposit made under such permit, or, if an excavation permit bond has
23 been filed with the permit, the city shall notify the surety on such bond to complete such
24 work, and if the same is not completed within two weeks thereafter, the city shall have the
~ 25 right to complete such work or cause the same to be completed, and charge and collect the
( 26 cost thereof, including inspection and reasonable attorney's fees, from the permittee or
i27 such surety on such bond. (Ord. 1369 NCS 2(part), 1979.)
~ ~28
, 29 13.12.060 ~ackfilling generally.
~ 30 All backfilling of excavations and restoration of base, pavement, sidewalk, curb and
31 gutter, landscaping, etc., shall be done and completed by the permittee under the
32 inspection of the Public Works Director or his/her duly authorized representative and in
33 compliance with the city's detailed specifications and general provisions for public works
34 and any special provisions that may be indicated on the permit. (Ord. 1369 NCS 2(part),
35 1979.)
36
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1 13.12.070 Inspection of backfilling - Inspection fee.
2 All excavations made under this chapter shall be backfilled only under the
3 supervision of the Public Works Director, or authorized representative, who shall cause
4 such backfilling to be inspected during the course thereof. The Public Works Director shall
5 be notified by the holder of the permit under this chapter when such backfilling work is to
6 commence. All inspection fees due, as set forth in this chapter, shall be paid by the
~ 7 holder(s) of the permit(s), and if not paid within eight weeks of completion, the same shall
' 8 be charged against the deposit or faithful performance bond. The Public Works Director
9 may require a deposit of anticipated inspection fees prior to issuance of the permit. (Ord.
10 1369 NCS 2(part), 1979.)
11
12 13.12.080 Guarantee of backfilling and repair - Repair notice.
13 The person by whom any excavation shall be made in any public street, alley, or
14 other public place shall be deemed and held to guarantee the work of backfilling and repair
15 thereof for a period of one year after the acceptance of such work by the city against all
16 defects in workmanship and materials. Whenever, within such period of one year, any part
17 of the pavement, sidewalk, curb and gutter on any public street or place so guaranteed
18 becomes in need of repairs by reasons of any defect in workmanship or material used in the
19 work or backfilling or repair, the Public Works Director shall serve on the permittee a
20 written notice stating the repairs necessary and requiring such repairs to be commenced
;21 within seven days after the service of such notice, and prosecuted diligently until
~22 completed. If the same is not complied with as required by the Public Works Director, he
~23 shall complete or cause the work to be completed, and charge the cost thereof to the
24 holder of the permit required by this chapter and the deposit or bond posted therefor.
25 (Ord. 1369 NCS 2(part), 1979.)
26
27 13.12.090 Emergencies.
28 Nothing in this chapter shall be construed to prevent any person maintaining any
29 pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or
30 permit from making such excavation as may be necessary for the preservation of life or
31 property when such necessity arises; provided, however, that the person making such
32 excavation shall obtain a permit therefor within twenty-four hours thereafter, exclusive of
33 intervening Saturdays, Sundays or legal holidays; and provided further, that all backfilling
34 shall be done in accordance with this chapter. (Ord. 1369 NCS 2(part), 1979).
35
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O~I3.1970NCS
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1 13.12.100 Nonapplicability of chapter to certain street improvements.
~ 2 The provisions of this chapter shall not apply to any work done or to be done along,
' 3 in or upon any public street, alley or other public place pursuant to any law of the state
4 providing for the improvement thereof, or any such work pursuant to any action for the
5 improvement of such street, alley or other rights-of-way authorized by the City Council;
6 provided, however, that the provisions contained in Section 13.12.050 shall apply to all such
7 work. (Ord. 1369 NCS 2(part), 1979).
8
9 13.12.110 Nonapplicability of chapter to city-conducted excavations.
10 The provisions of this chapter excepting work requiring removal of trees subject to
11 Chapter 13.08, shall not apply to excavations made by any officer or employee of the city or
12 under the direction of any officer of the city in discharge of his official duties. (Ord. 1369
13 NCS 2 (part), 1979.)
14
15 13.12.120 Application for a permit.
,16 Any person desiring a permit under this chapter shall file a written application
;17 therefor with the Public Works Director, which shall contain the following:
~ 18 A. The name and address of the applicant;
19 B. The exact location of the proposed excavation, including sketch or plat thereof;
20 C. The dimensions of the excavation, including the width, depth, and length thereof;
21 D. The purpose of the excavation;
22 E. The dates when the work of excavation is to be commenced and ta be completed;
23 F. An agreement signed by the applicant or his authorized agent to conform with all of
24 the provisions of this chapter. (Ord. 1369 NCS 2(part), 1979.)
25
26 13.12.130 Permit fees.
27 Each application filed for a permit under this chapter shall be accompanied by a fee
28 as prescribed by the City Council, which shall not be subject to refund for any reason
29 whatever. (Ord. 1369 NCS 2(part), 1979.)
30
;31 13.12.140 Special deposit of bond generally.
~32 Unless a general excavation permit bond is deposited or filed as required by Section
'33 13.12.160, each application or a permit to excavate as required by this chapter shall be
34 accompanied by a special deposit or bond to guarantee the faithful performance by the
35 application of the completion of all excavation and backfilling work required under this
36 chapter and full warranty of all the work performed for one year after completion, and for
11
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1 the payment of laborers and materialmen, and for the permit when issued, and the
2 payment of all inspection fees charged therefor. No permit shall be granted until the
3 deposit is made, or the bond posted, which shall be in the amount of the estimated cost of
4 restoration of the excavation, as determined by the Public Works Director, but in no event
5 less than the minimum established by City Council resolution. (Ord. 1369 NCS 2(part),
6 1979.)
7
8 13.12.150 Itefund of general and special deposits - Exoneration of bonds.
9 The deposits or bonds mentioned in Section 13.12.140 may be refunded or the
10 bonds exonerated not less than twelve months after acceptance of the completion of the
11 excavation work, unless there is written certification by the Public Works Director that the
12 work was not done and completed satisfactorily, and in the manner required by this
13 chapter. In such event, the city shall have the right to require the surety on such bond to
14 complete such work and charge the cost thereof against the bond, or the city may perform
15 said work itself, charge the same against the deposit or bond, and hold the applicant
16 depositing the same liable for any deficiency between the cost of the work and the amount
17 of the deposit or bond. (Ord. 1309 NCS 2(part), 1979.)
18
19 13.12.160 General deposit or bond permitted.
20 In lieu of the special deposit required under Section 13.12.170, any applicant for the
21 permit required by this chapter may make and maintain with the city a general deposit in a
22 sum set by resolution of the City Council or may file with the City Clerk appropriate
23 corporate surety bonds approved by the City Attorney, covering all the work performed by
24 such applicant for a period of one year subsequent to the last issuance of a permit, and by
25 so doing shall not be required to accompany applications with special deposits or bonds;
26 provided, however, that if the total estimated cost of excavation work covered by any single
27 application would required a special deposit or bonds in a total sum in excess of the
28 general bond amounts required, then such applicant depositing the general deposit or filing
29 the bonds shall be required to increase the deposit or bond in an amount sufficient to bring
30 the total thereof up to the total amount of the special deposit, which would otherwise be
31 required at such time. (Ord. 1369 NCS 2(part), 1979.)
32
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1 13.12.170 When special deposit or bond is not required.
2 The provisions of Sections 13.12.140 and 13.12.160 shall not apply to:
3 A. Any public agency or public utility having lawful authority to occupy the highways
4 and which is authorized by law to establish or maintain any works or facilities in,
5 under or over any public highway;
6 B. Work performed by or on behalf of the owner of any single-family residence where
7 the work to be performed is appurtenant to such single-family residence, but such
8 owner shall be subject to all other obligations and liabilifies of this chapter.
~ 9 C. Work performed pursuant to and in accordance with an agreement for public
I 10 construction in connection with development of real property. (Ord. 1309 NCS 2
11 (part), 1979.)
12
13 13.12.180 Cancellation of bond.
14 Any bond deposited as described in Sections 13.12.140 and 13.12.160 shall be
15 noncancelable, except upon satisfaction of any pending obligations created pursuant to this
16 chapter. (Ord. 1369 NCS 2(part), 1979.)
17
18 13.12.190 Liability and property damage insurance - Workers' Compensation Insurance.
19 A. No person shall be entitled to permits under this chapter unless and until he has
;20 filed and maintained on file with the Public Works Director a certificate showing and
21 certifying that such person carries public liability and property damage insurance, issued by
22 an insurance carrier authorized to do business in the state, insuring the applicant and
~23 issued to the city, against loss by reason of injuries to or death of persons, or damages to
24 property, caused by the applicant, its agent or employees in performing any work under the
25 permit, in the amount determined necessary by the City Attorney. Additionally, certificates
26 of Workers' Compensatian Insurance or permission to self-insure complying with
27 California Labor Code Section 3800 shall be submitted.
28 B. The certificates of insurance required under this chapter shall include a rider
29 containing the unequivocal agreement of the insurance carrier to give the city ten days'
30 notice of cancellation of such insurance. Cancellation of such insurance shall be cause for
31 immediate permit revocation and completion of work covered by the permit as if the
32 permittee were in default of any obligation created by this chapter. (Ord. 1369 NCS 2,
33 (part), 1979.)
34
35
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1 13.12.200 Issuance of permit generally.
2 A. Upon the filing of an application for a permit under this chapter, the payment of
3 fees, the filing of the insurance certificates and the filing of the deposit or bond
4 required, for public works director shall issue a written permit to make the
5 excavation requested in the application; provided, that the applicant is authorized
6 by law or an existing valid franchise to use the street for the purpose shown in the
7 application.
8 B. Each permit issued under this section shall contain the following:
9 1. Date issued;
10 2. Name, business address and signature of the permittee;
11 3. If covered by a special deposit, the amount thereof;
12 4. If covered by a general deposit, the amount and date thereof;
13 5. If covered by bonds, the name of the surety company;
14 6. The location and dimensions of the excavation to be made;
15 7. The statement that the permit is not transferable and that it shall be void
16 unless the excavation to be made pursuant thereto is commenced within ten
17 days from its date and the work diligently prosecuted to completion;
18 8. Special provisions of conditions as may be added by the Public Works
19 Director.
20 C. No person shall be issued any permit under this division and no permit erroneously
21 issued shall be valid unless a written application is filed therefor, the fee paid for
~22 such excavation, insurance certificates filed, and unless the special or general
i23 deposit or excavation permit bond has been filed according to the provisions of this
'24 chapter. No permit shall be valid unless duly executed by the Public Works Director
25 or his designate. (Ord. 1369 NCS 2, (part), 1979.)
26
27 13.12.210 Permit issuance subject to certain rights.
28 Every permit for an excavation in or under the surface of any public street, alley,
29 other right-of-way area or public easements, as required in this chapter, shall be issued
30 subject to the right of the city or any person entitled thereto to use that part of such street,
31 alley or right-of-way area which may be lawfully used, which does not comprise any part of
32 the area required for such excavation. (Ord. 1369 NCS 2, (part), 1979.)
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IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
14
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the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
INTRODUCED and ordered .F,~ei Published his 17th day of October
19 94 . .~~ ~C~
~~"~"~
ADOPTED this 7th day of November , 19 94 , by the following vote:
AYES: Parkerson, Hamilton, Barlas, Shea, Mayor Hillagoss
NOES: None
ABSENT: Vice Mayor Sobel
ABSTAIN: Read
ATTEST:
ity er
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15
O~d~.1970N.CS ~3. 15b~' IS