Compton Municipal Code § 20-2 Streets and Street Improvements

[Added by Ord. #1173, § 7200]

No person shall lay, construct, reconstruct, or repair in any street or other place in the City, or in, over, or through any property or right-of-way owned by the City, and curb, sidewalk, gutter, driveway, graded and oiled roadway, macadamized roadway, pavement, sanitary sewer, storm drain, or culvert, or put upon, maintain, or leave therein any obstruction or impediment to travel, or pile or place thereon any material without first obtaining a permit in writing so to do from the Street Superintendent and without first obtaining the lines and grades therefor from the City Engineer.

[Added by Ord. #1238, § 7200.1]

As used in this Chapter:

DRIVEWAY

Shall mean a roadway for the purpose of providing vehicular access from a public street or roadway into private property.

a.

Construction. Where curbs exist along the street, no person shall construct, maintain, or permit to exist any driveway unless such driveway is paved with Portland cement concrete between the curb and property line. Notwithstanding the foregoing, any driveway in existence on March 5, 1964, which is paved with asphaltic concrete paving material and which is in good condition need not be reconstructed and paved with Portland cement concrete until the condition of the asphaltic concrete pavement has deteriorated to the point where repairs are necessary, at which time such driveway must be repaved with Portland cement concrete.

b.

Prohibited Driveways. No driveway shall be permitted to exist unless it is possible for a vehicle entering such driveway to be parked entirely upon the private property served by such driveway with no part of the vehicle encroaching upon the public right-of-way. Where a portion of a driveway is in violation of this section, such portion shall be subject to the provisions of paragraph c of this subsection.

c.

Notice to Construct. Where a driveway exists which is not paved in accordance with the provisions of paragraph a of this subsection, the Street Superintendent may notify the owner or person in possession of the property served by said driveway to pave such driveway with Portland cement concrete in accordance with the standards adopted by resolution of the Council. When the Street Superintendent finds that a driveway exists in violation of paragraph b of this subsection, he may notify the owner or person in possession of the property served by such driveway to close such driveway by reconstructing the curb, removing the paving, and, where the sloping portion of such driveway is joined on either end by sidewalk, to reconstruct the sidewalk in that portion formerly occupied by the driveway.

[Added by Ord. #1173, § 7201; Ord. #1700, § 1]

a. Permits; Applications. Any person desiring a permit to perform any work mentioned in this section shall file a written application therefor with the City Engineer on forms furnished by the City Engineer, which application shall state the location, nature, and extent of the work to be performed and such other information as the City Engineer may require. The City Engineer may make such changes as to the location, and extent of the work as are in his judgment necessary to prevent undue interference with traffic or danger to the safety of persons using same.

A permit shall be void after a period not to exceed 60 days. However, if circumstances warrant, the City Engineer may grant more time for work completion.

b. Permits; Denial. The City Engineer may deny any person a permit to do any work mentioned in this section, if that person has exhibited unsatisfactory compliance with City codes, City ordinances, the City Charter, or City regulations in the past.

[Added by Ord. #1173, § 7202; Ord. #1700, § 2; Ord. #2229]

A fee shall be charged for all aforesaid street work, except that no fee shall be charged to any governmental agency providing the work is being done by the agency. The City Council shall from time to time establish, by resolution, a fee for public works permits in addition to any other deposits required for each public works permit issued. The fees shall not be refundable. In the case of a new subdivision or major improvement in any street or other public place within the City, or work performed under an improvement act of the State Legislature, the City Engineer may, in lieu of such permit fees, require the permittee to pay to the City an amount equal to 1/2% of the involved construction costs.

a. Prior to the issuance of any permit to perform any work mentioned in this section, the applicant shall also agree to indemnify, defend and hold harmless, to the maximum extent permitted by law, the City and its officials, officers, agents, employees and representatives, from and against any and all liability, suits, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expenses (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or are connected with, or which are alleged to have arisen out of or to have been connected with, the permittee's use, operation, and activity under its permit. City may, in its sole and absolute discretion, select counsel of its choosing to defend against any asserted liability, suit, action, proceeding, judgment, claim, loss, lien, damage, injury, cost or expense which is subject to indemnification obligations set forth herein. Permittee shall be required to fully reimburse City for the legal fees and all related litigation and expert costs of such defense.

b. Each permittee shall obtain, pay for and maintain in full force and effect throughout the term of the permit, an insurance policy or policies that fully protects the City from claims and suits for bodily injury and property damage. The insurance must be issued by an insurance carrier which is duly qualified to engage in such insurance business under the laws of the State of California, insuring the City, as additionally insured, against any liability for loss resulting from the prosecution of the work for which an application for a permit has been made and be in the amount or amounts which the City Council shall from time to time establish by resolution. The policy or policies must include a signed endorsement naming the City and its officials, officers, agents and employees as additional insured's; provide that the permittee's insurance is primary and that no other insurance available to the City will be called on to contribute to a loss covered under the policy; provide that permittee's insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought; and, provide at least 30 days' advance written notice of cancellation (other than for nonpayment of premium), termination or reduction of coverage. The insurance must afford coverage for the permittee's use, operation and activity, vehicles, equipment, facility representatives, agents and employees as follows:

1. Commercial General Liability Insurance with separate per occurrence limits for bodily injury and property damage, and including coverage for contractual liability; personal injury; explosion, collapse and underground; products; and completed operations in an amount determined by City Council resolution.

2. Business Automobile Liability Insurance with separate per occurrence limits for bodily injury and property damage, including rented, leased, hired, scheduled, owned and non-owned auto coverage, as applicable, or in a combined single limit in an amount determined by City Council resolution.

3. Workers' Compensation Insurance in compliance with the laws of the State of California, and employer's liability insurance in an amount not less than $1,000,000 per claimant.

c. To the extent street work is performed pursuant to a valid franchise or agreement, which was entered into prior to the adoption of this section and which grants the franchise holder or party to the agreement a specific right to perform such street work within the City without being subject to fee requirements, indemnity requirements or insurance requirements such as those set forth herein, the street work shall not be subject to the fee requirement, indemnity requirement or insurance requirement set forth herein.

[1]

Editor's Note: Former subsection 20-2.4A, Schedule of Street Work Permit Fees, previously codified herein and containing portions of Ordinance Nos. 1792 and 1809, was repealed in its entirety by Ord. No. 2229.

[Added by Ord. #1173, § 7203]

When, in the opinion of the Street Superintendent, the work requires the making of special plans therefor, the Street Superintendent shall require such plans to be prepared and submitted by the applicant. If, in the opinion of the Street Superintendent, the proposed work does not require the making of special plans therefor, the Street Superintendent shall estimate the total expense which will be incurred by the City in connection therewith and may estimate the cost of the proposed work. The applicant shall then be required to deposit the estimated amount of the total expense with the Street Superintendent.

The Street Superintendent may, in his discretion, require that the applicant, before any permit is issued, file with the Street Superintendent a good and sufficient bond, approved by the City Attorney and payable to the City, in an amount equal to not less than 50% of the estimated cost of the proposed work, and conditioned upon the faithful performance of the work for which such permit is issued in accordance with such permit and the specifications, or plans and specifications, prepared therefor and referred to in such permit. Such bond shall be either a cash bond, or a bond executed by the permittee and a responsible surety company, or a bond executed by the permittee and at least two personal sureties. In the latter case, each personal surety shall justify before any person competent to administer an oath in double the amount specified in the bond over and above all statutory exemptions. The Street Superintendent may also, at his discretion, in addition to such bond, or in lieu thereof, require a faithful performance bond in the amount of $1,000, conditioned upon the replacement and cleaning of the street, sidewalk, or curb to its original or better condition after the completion of the work covered by the permit. Upon the deposit of the estimated amount of the expense to be incurred by the City with the Street Superintendent and upon the filing and approval of such bond and/or bonds, the Street Superintendent shall issue the permit.

[Added by Ord. #1173, § 7204]

All work mentioned for which a permit shall have been issued as provided in this section shall be performed in accordance with the specifications or standard plans adopted by the City for such class of work, or the special plans and specifications approved therefor by the City Engineer and referred to in the permit, and shall be performed to the satisfaction of the Street Superintendent and under the supervision of an inspector appointed by the Street Superintendent for such work.

[Added by Ord. #1173, § 7205]

No person shall commence any work mentioned in this section for which a permit has been issued unless such person has made an application in writing to the Street Superintendent for an inspection therefor at least 24 hours before commencing such work, specifying in such application the day and hour when, and the location at which the work will be commenced, and until approval for commencing the work has been given by the Inspector.

[Added by Ord. #1173, § 7206]

Whenever any permittee has completed any work under this section the permittee shall so notify the Street Superintendent in writing. If, after the Street Superintendent or his duly authorized representative, has by survey or inspection, or both, found that the work has been completed in accordance with the requirements of the permit issued therefor and all the provisions of this section, he shall issue, if requested by the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under the permit.

[Added by Ord. #1173, § 7207]

After acceptance of any work done under a permit issued pursuant to this section, the Street Superintendent shall deduct from the deposit hereinbefore provided for, the amount of the total expense incurred by the City in connection therewith and shall return the unexpended portion thereof to the permittee. The decision of the Street Superintendent as to the amount of expense incurred by the City in connection with any work done under a permit pursuant to this section shall be final and conclusive.

[Added by Ord. #1173, § 7208]

Any unused permit issued under the provisions of this section shall be cancelled and the deposit made in connection therewith including the permit fee, less the amount of any expenses already incurred by the City on account thereof, shall be returned to the permittee upon surrender of the permit.

No permit issued under the provisions of this section shall be transferable except that an owner of premises in front of which work is to be done may take a permit and do work and transfer the right granted by said permit to a contractor engaged by him to do the work, or to his employees working directly for him, and except that a permit taken out by a contractor for the performance of work shall be deemed to have been issued to any or all subcontractors working as his agents and in performance of portions of the work covered by the permit. Each permit shall become and be void unless the work to be done is completed within the time specified therein or any extension granted therefor.

[Added by Ord. #1173, § 7209]

No person to whom a permit has been granted under the provisions of this section shall perform any of the work mentioned herein in excess of that specified in the permit issued therefor.

[Added by Ord. #1173, § 7210]

No person performing any work under the provisions of this section shall fail, refuse or neglect to remove all materials and debris within three days after the completion of the work; provided, however, that where new work is covered with earth the terms of the specifications of the City governing such work shall control.

[Added by Ord. #1173, § 7211]

Whenever the permittees operations create a condition hazardous to traffic or to the public, he shall furnish at his expense adequate warning to the public of any dangerous conditions to be encountered and he shall furnish, erect, and maintain such fences, barricades, lights, signs and other devices as are necessary to prevent accidents and avoid damage or injury to the public. Signs, lights, flags and other warning and safety devices shall conform to the requirements of the Street Superintendent as to size, type, amount used and the placing thereof. The permittee shall assume full responsibility for all accidents which may occur due to vehicles or pedestrians crossing or entering the area for which the permit was issued until all improvements have been completed and all surfaces restored and accepted by the Street Superintendent.

[Added by Ord. #1177, § 7212]

No person shall do any of the following acts:

a. Drain water or permit water to be drained from his lands onto any street or alley by any means which result in damage to the street or alley or a hazard to public travel;

b. Obstruct any natural watercourse so as to:

1. Prevent, impede, or restrict the natural flow of water from any street or alley into and through such watercourse, unless other adequate and proper drainage is provided;

2. Cause water to be impounded within any street or alley to the damage of such street or alley;

3. Cause interference with, or damage or hazard to, public travel;

c. Store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any street to the damage of such street, or so as to constitute a hazard to public travel;

d. Flush any water hydrant or water main to the extent of causing damage to any street; or

e. Flush any water hydrant or water main to the extent of causing a hazard to public travel without first erecting adequate traffic signs or barricades warning the public of the existing hazard.