Costa Mesa Municipal Code Ch. VII Regulation of Construction Materials, Devices, and Refuse Containers Upon…

The definitions herein shall be given the meaning set forth, other laws and interpretations notwithstanding:

Parkway.

The term "parkway" shall mean that area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the street and the property line adjacent thereto. "Parkway" shall also include any area within a street which is not open to vehicular traffic.

Person.

The term "person" refers to an individual, firm, partnership, corporation or other legal entity.

Right-of-way.

The term "right-of-way" shall have the all-inclusive meaning pertaining to highways, streets, sidewalks, walkways and other ways intended for public travel, either [through] dedication or otherwise.

Sidewalk.

The term "sidewalk" shall mean that portion of the right-of-way generally used for pedestrian travel.

Street.

The term "street" shall mean that portion of the right-of-way generally used for public vehicular travel.

(Ord. No. 76-41, § 1, 9-7-76)

No person shall cause to be placed or maintained upon any municipal street, parkway, or public right-of-way any construction materials or storage containers or devices, including but not limited to refuse containers, without a valid written permit therefor from the director of public services. A separate permit shall be required for each placement of such materials or devices. Such permit may be referred to as a "storage permit." Violation of this section shall constitute an infraction.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

No storage permit may be issued or renewed by the director of public services unless and until all of the following requirements have been met:

(a) An application upon a form furnished by the director of public services shall be completed and filed. It is the intent of this provision that a separate permit shall be required for each location of construction materials or placement of a storage device, and the director of public services may, in his discretion, determine the number of permits needed. However, more than one permit may be requested in a single application if all of the permits relate to a single construction project.

(b) All fees and deposits required by the city shall be paid.

(c) The insurance requirements of section 11-132 shall be complied with.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

Each application for a storage permit must show the following information:

(a) The location and identification of the project area.

(b) The number and description of the separate piles or stacks of construction materials and of the storage devices to be used, including dimensions.

(c) The name and business address of the owner of each storage device to be placed.

(d) The time and date when applicant proposes to place the construction materials or storage devices initially and the time and date when they are to be removed.

(e) The full, true name and the residence and business address of the applicant and of the owner or lessee of the real property for the benefit of which the construction materials or storage devices are to be used.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

No application for a storage permit shall be issued until the applicant has deposited with the director of public services a deposit in a reasonable amount to be fixed by the director of public services, depending on the foreseeable hazard to public and private property and the estimated cost of cleanup and repair. The amount to be deposited by the applicant shall not be less than $300 nor more than $1,000.

However, no deposit will be required for the issuance of a storage permit for a storage device if the applicant is a public entity or if the owner of the device holds a valid business license and storage device rental permit from the city; otherwise, a deposit must be paid by the applicant according to the provisions of this section.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

The fee for a storage permit shall be as established by resolution of the city council. The federal and state governments and other public entities are exempt from payment of storage permit fees.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

Each application for a storage permit, unless the applicant is a public entity, shall be accompanied by proof of public liability insurance, with limits of liability of not less than $300,000 for bodily injury and $100,000 for property damage, per occurrence and aggregate. The City of Costa Mesa and its appointed and elected boards, officers, and employees shall be provided primary coverage as additional insureds, and the insurance coverage shall not be cancelled nor modified without 10 days' advance notice to the city.

Failure to maintain insurance coverage in accordance with the requirements of this section shall make the permit subject to immediate suspension until the coverages are provided.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

(a) The director of public services, upon the receipt of an application for a storage permit, shall notify the chief of police and the head of the building safety division. The director of public services shall thereafter grant or deny the application.

(b) In granting an applicant for a storage permit, the director of public service may impose such conditions and restrictions as may be reasonably necessary to minimize the potential damage to public streets and alleys, and any other public improvements in the right-of-way, as well as public utility poles, pipelines, water mains, gas mains, and like appurtenances or improvements, and to preserve, to the greatest possible extent, public access to streets, sidewalks, and parkways, for the general health, safety, and welfare.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

In the event that the permittee fails to leave the area where construction materials or a storage device was placed as clean and in as good condition when the materials or devices are removed as before they were placed, or if damage is caused to public or private property by the delivery, placement, maintenance, use, or removal of the materials or devices and is not repaired by the permittee or at his instance and expense, the director of public services may direct that the necessary cleanup or repair work, or both, be done and that all costs incurred be deducted from the permittee's deposit.

The director of public services shall establish procedures to provide the permittee notice and or opportunity to be heard before any work which is to be paid for by a deduction from the permittee's deposit is performed or authorized, except that when immediate action is required to prevent injury to persons or property the procedures shall provide for notice to the permittee and an opportunity to be heard as soon as reasonably possible after the work is performed or undertaken.

In the event that the cost of any reasonably necessary cleanup or repairs exceed the amount of deposit, all such excess cost shall be due and payable to the City of Costa Mesa by the permittee, upon demand by the director of public services, and shall constitute a debt to the city.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 8437, § 2, 9-17-84)

The director of public services shall promulgate regulations setting forth the standards and requirements necessary to implement the intent and purpose expressed herein. In drafting such regulations, the director shall consult with the heads of other city departments involved. Once promulgated, the regulations shall control the standards, requirements and procedures for the placement of construction materials or storage devices within the City of Costa Mesa in the following particulars:

(a) The internal processing of applications for permits;

(b) The maximum length of time allowed for any placement or maintenance of construction materials or storage devices, and the exact physical location or placement of such materials or devices.

(c) The requirements for deposits, fees, and other matters necessary to assure compliance with the provisions of this chapter and regulations promulgated thereunder.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)

Any construction materials or storage devices placed or maintained in violation of this article, or after the expiration of the related permit, may be removed and stored by the city upon notice to permittee or the owner, if known, and the persons responsible for the violation may be cited and prosecuted. The director of public services shall establish procedures to provide notice to the permittee and the owner, if known, and an opportunity to be heard prior to the removal, except that when immediate action is required to prevent injury to persons or property, the procedures shall provide for notice and an opportunity to be heard as soon as reasonably possible after the removal. Any removal and storage charges shall be due and payable by the owner or possessor of the materials or devices before their release. If no owner or possessor claims the materials or devices within 30 days of their removal, they may be sold for costs in the manner provided by the California Government Code for the disposal of abandoned or unclaimed property generally.

(Ord. No. 8437, § 2, 9-17-84)

Violation of any of the conditions or restrictions imposed on a permit shall constitute grounds for its immediate suspension until all the conditions or restrictions are complied with. Upon suspension of a permit, the director of public services may direct the permittee to immediately remove the materials or devices covered by the permit or, if he fails to comply within a reasonable time, the materials and devices may be removed and stored pursuant to section 11-136 of this chapter.

(Ord. No. 84-37, § 2, 9-17-84)