Beaumont Municipal Code Ch. 12.31 [street Cut Moratorium]

No trenching or excavation shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five years after completion of, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of three years from completion.

(Ord. No. 1113, § 1, 11-19-2019)

The City Engineer/Public Works Director may grant exception to the moratorium for:

A. Emergencies which endanger life, or public health and safety.

B. Work that is mandated by city, state or federal legislation.

C. Service to buildings or properties where no other reasonable means of providing service exists.

(Ord. No. 1113, § 1, 11-19-2019)

To request an exception, the applicant shall submit the following information to the Public Works Department:

A. The location of excavation.

B. Which exception from the moratorium stated above is being claimed.

C. Description of the work to be performed.

D. Justification from the applicant why the work was not performed before the roadway was resurfaced.

E. Justification as to why the work cannot be completed via jack and bore or directional drill method(s).

F. Justification from the applicant why the work cannot be deferred until after moratorium expires.

G. Justification why the work cannot be performed in another location.

(Ord. No. 1113, § 1, 11-19-2019)

If the Public Works Department approves an exception to the moratorium, it shall impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving, which include, but are not limited to:

A. Street grinding, and subbase repairs.

B. Fog seal and all striping replaced.

C. Raising of manholes and monuments.

D. The resurface area shall be a minimum of 12 feet wide for each traffic lane affected by the excavation, or more, as determined by the Public Works Director at their sole discretion.

E. The resurface area shall extend a minimum of 25 feet long in both directions as measured from the edge of the excavation, or more, as determined by the Public Works Director at their sole discretion.

F. Compaction of base material and subgrade to minimum 95 percent relative compaction.

G. On arterial or collector streets, the entire area to be resurfaced shall be cold planed a minimum 0.20 feet deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards.

H. On local streets, the entire area to be resurfaced shall be cold planed a minimum 0.15 feet deep, or more, as determined by the Public Works Director at their sole discretion and repaved per City standards.

I. Where new asphaltic concrete (AC) pavement will be placed, tack coat will be placed where they join with existing street pavement surfaces.

J. For areas where rubberized asphalt exists the material used for replacement shall be in kind.

(Ord. No. 1113, § 1, 11-19-2019)

Any person who is required to repave a street under this ordinance shall be required to obtain an encroachment permit and comply with the other provisions of Beaumont Municipal Code Chapter 12.12 and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, soils testing and all other expenses related to the work.

(Ord. No. 1113, § 1, 11-19-2019)

A. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law.

B. Any person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32.

C. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law.

D. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code.

E. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action.

(Ord. No. 1113, § 1, 11-19-2019)