Chino Hills Municipal Code Ch. 12.12 Excavation Permits

A. A permit is required and may be issued by the Director, as provided in this chapter, authorizing the permittee to do any of the following acts:

1. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across, or through any highway for any purpose;

2. Construct, repair, or cause to be constructed or repaired any sidewalk, gutter, driveway, highway surface, retaining wall, storm drain, culvert, pipeline, waterline, sewer, or work of any nature, or place, change, or renew an encroachment in, over, along, on, across, or through any highway;

3. Move or cause to be moved over, upon, along, or across any highway, any building or structure;

4. Placements of any structure, object, obstruction, material, and/or banner over, across, on, or along any highway;

5. Plant, remove, cut, cut down, injure, or destroy any tree, shrub, flower or other vegetation growing within any highway;

6. The draining, routing, or directing of any substance over, across, on, or along any highway.

B. A permit is not required for or in connection with the installation of poles, guys, and anchors constructed for use under a franchise for public utility purposes where such poles, guys, and anchors are located outside of the paved, traveled or sidewalk portion of the highway.

C. Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance, or permit any pipe or conduit in any highway, or from performing any of the specified acts as may be. necessary for the preservation of life or property, if the person performing such acts obtains a permit therefor within one day after the offices of the City Engineer are first opened subsequent to performance of the acts.

D. Notwithstanding the above, if a permit is required by Chapter 12.26 of this Code for the removal of (a) City-owned tree(s), then no Encroachment Permit is required by this chapter for the removal of such tree(s).

(Ord. 137 § 2 (part), 2000)

(Ord. No. 249, §§ 3—5, 12-13-2011)

A. An application for a permit pursuant to the provisions of this chapter shall be made in writing to the Director pursuant to Section 12.26.030.

B. If the applicant for a permit complies with every provision of this chapter including, but not limited to, the posting of all fees, deposits and bonds as may be required, and with all applicable provisions of all other ordinances and statutes, the City Engineer shall issue to the applicant a written permit to perform the work set forth in the action.

(Ord. 137 § 2 (part), 2000)

A. Any permit authorized under any of the provisions of this chapter may be issued subject to such conditions, changes, and limitation as set forth in this Code and/or are in the discretion of the City Engineer, necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within, upon, or adjacent to said highways from damage or danger.

B. The filing of an application or issuance of a permit pursuant to this section shall not be deemed a waiver of any right or claim of right by the applicant or permittee.

C. At the discretion of the City Engineer, a single permit maybe be issued for any number of construction activities, which are part of a single project and may also issue a single annual permit for service connections. Either permit may be exercised by giving not less than forty-eight (48) hours notice to the City Engineer on a form to be prescribed by the City Engineer before work is commenced.

(Ord. 137 § 2 (part), 2000)

(Ord. No. 249, § 6, 12-13-2011)

A. Any permit issued by the City Engineer under any of the provisions of this chapter, or the conditions to which it has been made subject, may be amended or changed if the City Engineer deems such amendment or change to be necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within, upon, or adjacent to such highways from damage or danger.

B. The City Engineer shall make notification of the amendment or change by making personal service of such written notice upon the permittee. The amendment or change shall be effective either twenty-four (24) hours after such written notice is deposited in the United States mail, or immediately upon completion of personal service, whichever occurs first.

(Ord. 137 § 2 (part), 2000)

A. Unless otherwise specified by the City Engineer, permits are valid for a period not to exceed ninety (90) days from the date the permit is signed by the City.

B. Every permittee shall complete the work within the time required by the permit. The City Engineer may grant a time extension at his or her discretion.

(Ord. 137 § 2 (part), 2000)

Permits issued pursuant to this chapter are non-transferable.

(Ord. 137 § 2 (part), 2000)

The City Engineer may refuse to issue permits or may revoke any permit previously or hereafter issued, or any portion of such permit for any of the following reasons:

A. When deemed necessary by the City Engineer to protect the safety of the public;

B. When deemed necessary by the City Engineer to protect the interests of the City;

C. When the permittee refuses to comply with or violates any portion of this chapter;

D. When the permittee fails to comply with the conditions of any permit;

E. Where the work has not been started and when the work authorized by the permits or such portions of such permits is included in the proposed work to be done by any existing assessment district or by any proposed assessment district for which formation proceedings have been instituted by the City Council.

(Ord. 137 § 2 (part), 2000)

A. The City Engineer may waive the requirement for an Encroachment Permit. Such waiver is at the sole discretion of the City Engineer and will only be made on an emergency basis or other circumstances as deemed necessary by the City Engineer after a careful, dutiful, and diligent review of the circumstances surrounding the requested waiver.

B. A request for waiver of an Encroachment Permit shall be submitted to the City Engineer in writing.

C. The City Engineer may waive the requirement for an Encroachment Permit for a capital improvement project.

(Ord. 137 § 2 (part), 2000)

A. Every person is guilty of a misdemeanor who violates any provision of this chapter or any permit issued pursuant to the provisions of this chapter, or fails or neglects to comply with any requirement of this chapter, or who does any of the acts specified in Section 12.12.010 of this chapter for which a permit is required, without first obtaining a permit from the City Engineer so to do.

B. Such person is guilty of a separate offense for each and every day during any part of which any such violation or noncompliance occurs, and is subject to punishment in accordance with Section 1.36.010 et seq. of this Code.

(Ord. 137 § 2 (part), 2000)