Sections:
15.54.010 General provisions.
15.54.020 Definitions.
15.54.030 City engineer's authority and responsibilities.
15.54.040 Encroachment permit required.
15.54.050 Utility permits.
15.54.060 Permits--Application.
15.54.070 Permits--Public notice required.
15.54.080 Permits--Commencement and completion of work.
15.54.090 Permits--Requirements for performance of work.
15.54.100 Permits--Denial and revocation.
15.54.110 Permit fees.
15.54.120 Performance deposits.
15.54.130 Relocation or removal of encroachment.
15.54.140 Protection measures and routing of traffic.
15.54.150 Clearance for vital structures.
15.54.160 Relocation and protection of utilities.
15.54.170 Abandonment of facilities.
15.54.180 Care of excavated material.
15.54.190 Clean up.
15.54.200 Protection of water courses.
15.54.210 Prompt completion of work.
15.54.220 Urgent work.
15.54.230 Emergency action.
15.54.240 Preservation of monuments.
15.54.250 Inspections, rules and regulations.
15.54.260 Holding city harmless--Insurance.
15.54.270 Revoking of permit.
15.54.280 Appeal.
15.54.290 Action after expiration of permit unlawful.
15.54.300 Removal required when--Notice.
15.54.310 Enforcement--Violation--Penalty.
15.54.320 Exemptions.
A. Title for Citations. This chapter shall be known as and cited as the " city encroachment permit code."
B. Purpose and Intent. This chapter is to establish regulations to control encroachments into public property by requiring encroachment permits and to establish measures for the protection of life and property, including traffic and pedestrian safeguards. Additionally, this chapter defines construction standards, prescribes application procedures for encroachment permit issuance, establishes bonding and liability requirements and prescribes penalties for violations of its provisions.
C. Scope. This encroachment permit code sets forth minimum rules and regulations to control encroachment in the public right-of-way and establishes administrative requirements for issuance of permits and inspection of encroachment construction.
(Ord. 264 § 1 (part), 2002)
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
"Administrative authority" means the city manager of the city or his or her duly delegated representative.
"Construction standards" means the most current edition of the Standard Drawings of the City of Murrieta.
"City engineer" means the city engineer of the city of Murrieta or his or her designated representative.
"Emergency" is defined as unplanned events posing immediate threat to public safety or property damage such as leakage from natural gas mains, open flows from the sewer or water mains, and disruptions to telephone or electricity service, etc.
"Encroachment" means going upon, over, or under public property, or placing any facility upon, along,
across, over, or under public property, or using any public property in such a manner as to prevent, obstruct or interfere with the use of that public property. Encroachments include, but are not limited to buildings, fences, sports equipment not in use, signs, trees, plants, underground facilities and construction and landscape material or any excavations on public property.
"Excavation" means any opening under, in, or across the surface of public property made in any manner whatsoever, except an opening into a lawful structure below the surface of public property, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public property.
"Facility" means any pipe, pipeline, tube, hose, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, public improvement, or object of any kind or character, including a building, portion of a building, or any other structure, whether enumerated herein or not, which is or may be lawfully constructed, used, operated, left, placed, or maintained in, upon, along, across, under, or over any public property.
"Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place.
"Permit" means encroachment/excavation permit as referred to in this chapter.
"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use.
"Sketch" means a drawing that shows a concept or location of facilities.
Specification" means the Standard Specifications for Public Works Construction (current edition including all supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans.
"Substructure" means any pipe, conduit, duct, tunnel, buried cable or wire, or any other similar structure located below the surface of any public property.
"Utility" means a private company and/or corporation operating under regulation of the Public Utilities Commission, or municipal/county department or other governmental agency engaged in providing a particular service to the general public. (Ord. 264 § 1 (part), 2002)
This chapter shall be administered by the city engineer who shall have the responsibility and authority to:
A. Establish the form and procedures for application for encroachment permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits;
B. Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter;
C. Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter;
D. Issue encroachment permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare;
E. Consider and approve amendments, including extensions, of any encroachment permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property;
F. The city engineer shall, subject to the authority of the director of public works to administer and enforce the provisions of this chapter.
(Ord. 264 § 1 (part), 2002)
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