Beaumont Municipal Code Ch. 12.12 Excavations

"Highway" or "street" means a right-of-way within which improvements are constructed for the conveyance of pedestrian and vehicular traffic and includes all highways, streets roads and alleys. The rights-of-way and improvements shall be in conformity with the Engineering Department Standards and Specifications. Improvements include, but are not limited to, paved roadway, curb, gutter, sidewalk, landscaping, utilities and survey monuments.

(Ord. 544 §10, 1982)

Subject to the control of the City Council, there is delegated to the City Engineer the administration of the use of City streets for excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits for such uses.

(Ord. 544 §1, 1982)

Any permit issued prior to the adoption of the ordinance codified in this chapter shall continue in force as if issued pursuant to this chapter, and shall be subject to the provisions of this chapter, unless and until and to the extent that such permit shall be revoked, modified or superseded pursuant to this chapter.

(Ord. 544 §11, 1982)

No person, including firm, corporation, public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any City street or the right-of-way thereof without first obtaining from the City Engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof.

(Ord. 544 §2(part),1982)

Such a permit shall be issued by the City Engineer only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public service agency having lawful authority to use the right-of-way or street for the purpose specified, or the owner of an easement for such purpose within the street right-of-way, or if the City Engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the highway or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant.

(Ord. 544 §2(part), 1982)

Every such permit shall be revocable and the uses and installations there under shall be subordinate to any prior right of the City to use the right-of-way for public road purposes. Every such permit shall be conditional upon the right of the City to require the permittee to relocate or remove the structure or encroachment at the permittee's expense for the benefit of the City or to relocate or remove the structure or encroachment at the permittee's expense, where in the opinion of the City Engineer such action is reasonably necessary to avoid a crossing conflict, for the benefit" of any public district, public agency or political subdivision, or of any other person or agency having a right to use the City street for the purpose proposed; but the acceptance of a permit shall not be deemed a waiver by the permittee of any contractual or statutory right against any party for reimbursement of the expense of such removal or relocation.

(Ord. 554 §2(part), 1982)

Every such permit shall be subject to such conditions as the City Engineer determines are necessary to assure the safety of the traveling public and the restoration of the surface of the street and the foundations thereof, and of the portions outside the traveled roadway.

(Ord. 554 §2(part), 1982)

The City Engineer may require such surety bond or deposit of money as in his judgment may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the surface and the subsurface of the street and the right-of-way, and any survey monuments or other improvements that may have been disturbed.

(Ord. 554 §2(part), 1982)

Each application for a permit under this chapter shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency or by his or its agent authorized in writing. The application shall be submitted on a form supplied by the City Engineer and shall contain or be accompanied by such information as he may require. Each permit shall be in writing, signed by the City Engineer or his representative, on a form to be furnished by him.

(Ord. 554 §5, 1982)

The permit fees and inspection fees required by this chapter shall be paid at or after the time the application is filed, but in any event before the permit is issued. The fees for permits, which shall not be refundable, and for inspections shall be as contained in Chapters 15.08 and 15.20. The City Engineer may waive the inspection fee when in his opinion the public safety or convenience does not require inspection of an excavation or encroachment.

(Ord. 554 §6, 1982)

The City Engineer may, where convenient to road work he has programmed, or for other reasons of City convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee fails to refill "any excavation or to restore the City street or right-of-way to its condition prior to the excavation, the City Engineer shall have the right to perform the work and collect in the name of the City the cost thereof.

(Ord. 554 §2(part), 1982)

An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property; and, provided, that such a permit is obtained on the first business day thereafter; and, provided further, that the excavation is made in such manner as to give full protection to the users of such street and the City.

(Ord. 554 §3, 1982)

No person, firm, corporation, public district, public agency or political subdivision 'shall remove or severely trim any tree planted in the right of- way of any City street without first obtaining a permit from the City Engineer to do so. Such permit shall be issued without fee, if the City Engineer is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the right-of-way or the construction of improvements on adjacent land. He may impose such conditions as he deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree trimmer actually engaged in that business, and for bond, insurance or other security to protect person and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead power or communication lines pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relocation or replacement by one or more other trees of a kind or type to be specified in the permit.

(Ord. 554 §4, 1982)

A. The following shall be exempted from payment of the permit fee for an extension or encroachment:

1. Street improvements under special assessment or improvement district proceedings conducted by the City Council;

2. Public utility and public service facilities installed pursuant to specific contract with the City and under the control thereof.

B. The following shall be exempted from payment of the inspection fee for an excavation or encroachment:

1. A public utility which holds and at the time of application for the permit has held for at least five years a franchise from the City or the state authorizing" the use of public highways for:

a. A public utility installation not involving excavation in a City street or right-of-way other than as usual and necessary for the installation of poles, guys and anchors at locations entirely outside of the traveled portion of the right-of-way or established sidewalks, improved or unimproved, or

b. For a public utility installation involving only a bell hole excavation to install, repair or replace a consumer service connection;

2. Street improvements under special assessment or improvement district proceedings conducted by the City;

3. Public utility and public service facilities installed pursuant to specific contract with the City and under the control thereof.

C. Subdivision improvements to be constructed pursuant to agreement with the City are exempt from the chapter.

(Ord. 554 §7, 1982)

The City Engineer may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied, to reduce administrative costs of both City and applicant.

(Ord. 554 §8, 1982)

A. Upon receipt of written request by any nonprofit utilities district, the City Engineer may waive any fees for permits issued to said district. Any full or partial denial of any requested waiver shall be made in writing, and the district may at either of the two regularly scheduled City Council meetings following the date of the written denial, appeal the denial to the City Council. The grant or the denial of the waiver by the City Council at a regularly noticed meeting shall be deemed final.

B. This waiver shall not apply to any expenses or fees normally charged under this section which are solely attributable to work performed only on the project of said district.

(Ord. 614 §I, 1985)

Any person who does any act for which a permit is required by this chapter without first obtaining such permit, or who, having obtained such a permit, violates any term or condition thereof and thereby jeopardizes or injures person or property, is guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Nothing in this chapter shall be deemed to deprive any person of any civil right or remedy he may have against a violator of this chapter, nor to deprive the City of any cause of action which it may have against such violator, regardless of any prosecution or conviction under this section.

(Ord. 554 §9, 1982)