Downey Municipal Code § 7100 Definitions

For the purpose of this chapter certain words and phrases are defined, and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

(Added by Ord. 850, adopted 5-12-87)

The "City" shall mean the City of Downey within its incorporated boundary.

(Added by Ord. 850, adopted 5-12-87)

The "City Engineer" shall be deemed to be the duly appointed City Engineer of the City or his authorized representative.

(Added by Ord. 850, adopted 5-12-87)

Whenever any costs are to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs are the actual costs, including the proportionate part of the salaries, wages, or other compensation of any deputy or employee, plus cost of overhead, not to exceed 15% of the total.

(Added by Ord. 850, adopted 5-12-87)

The "Director of Public Works" shall be deemed to be the duly appointed Director of Public Works of the City or his authorized representative.

(Added by Ord. 850, adopted 5-12-87)

A "driveway approach" shall mean that portion of a vehicular passageway located between the property line and the curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent private or public property.

(Added by Ord. 850, adopted 5-12-87)

An "encroachment" includes an obstruction or intrusion which is placed or maintained in, along, under, over, or across any highway. This section does not apply to the temporary use of the highway for maintenance of any existing authorized or permitted encroachment. Nor does this section apply to the placement and maintenance of plant material in the parkway. However, a parkway tree shall be considered an encroachment.

(Added by Ord. 850, adopted 5-12-87)

A "hazardous substance" means one having the potential for an immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, chlorine, and natural gas transported at pressures greater than 60 p.s.i.. For the purposes of this chapter, electrical facilities shall not be considered hazardous substances.

(Added by Ord. 850, adopted 5-12-87)

"Highway" means any public highway, street, road, way, alley, or place in the City, either owned by the City, or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of the right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

(Added by Ord. 850, adopted 5-12-87)

A "one-call notification system" means a cooperative association providing for the mutual exchange of notification of underground construction activities within the City and the County of Los Angeles. Any permittee is required to comply with Sections 4216 and 4217 of the Government Code relating to subsurface installations.

(Added by Ord. 850, adopted 5-12-87)

A "parkway" shall mean that area within the public right-of-way lying between the property line and the curb line, or roadway line, parallel therewith.

(Added by Ord. 850, adopted 5-12-87)

"Pipelines" or "Facilities," as used in this chapter, shall refer to pipes, pipelines, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, or other equipment, both aerial and underground.

(Added by Ord. 850, adopted 5-12-87)

"Right-of-way" for the purpose of this chapter means the entire area between property lines on any public highway, whether owned by the City or dedicated to the public for the purpose of travel.

(Added by Ord. 850, adopted 5-12-87)

"Roadway" means that portion of a highway which is designated, improved, and ordinarily used for vehicular travel. In streets and highways it is the area located between the curb lines, or edges of pavement, and in the alleys it is the area between property lines.

(Added by Ord. 850, adopted 5-12-87)

The office of the City Engineer has "Standard Drawings" for most of the structures to be built in the right-of-way. They show the alignment and geometrics of such improvements as sidewalks, driveways, curbs, gutters, cross gutters, wheelchair ramps, culverts, etc..

(Added by Ord. 850, adopted 5-12-87)

Structures and roadways within the right-of-way shall be constructed in accordance with the "Standard Specifications for Public Works Construction" as promulgated by the American Public Works Association/Associated General Contractors of Southern California.

(Added by Ord. 850, adopted 5-12-87)

The permittee shall at all times during construction within the right-of-way comply with the requirements for "Traffic Control" as prescribed in the permit application and as directed by the City Engineer. The permittee shall conduct his or her operations so as to exhibit the utmost regard for the safety and welfare of his or her personnel and for the traveling public. A franchisee, holding a valid and existing franchise with the City, shall similarly abide by the provisions of this section.

(Added by Ord. 850, adopted 5-12-87)

Under a "vacation" proceeding, which shall be conducted in accordance with the provisions of the Streets and Highways Code of the State of California, the City Council will consider relinquishing the public's right to travel on or occupy a highway or portion thereof.

(Added by Ord. 850, adopted 5-12-87)

No person shall carry on any of the activities regulated in this chapter within the public right-of-way without first obtaining a permit from the City Engineer to do so.

(Added by Ord. 850, adopted 5-12-87)

No person shall construct, reconstruct, or repair, any curb, gutter, sidewalk, driveway approach, roadway, retaining wall, or drainage facility, in, over, along, across, upon, or through any highway within the City.

(Added by Ord. 850, adopted 5-12-87)

In the event any work is performed in, upon, along, across, or through a highway within the City for which a permit is required under this chapter, and a permit is first not obtained, except under emergency conditions, as provided in this chapter, then, in addition to the other charges set forth by resolution of the City Council, there shall be an additional charge of $50. Whenever this chapter requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter, whether such person subsequently obtains such a permit or not.

(Added by Ord. 850, adopted 5-12-87)

With each application the applicant shall furnish to the City a liability insurance policy naming the City as an additional insured, issued by a company authorized to do business in the State of California, and in the form and amount prescribed by a City Council Resolution. In the absence of such a resolution the minimum liability insurance shall be $100,000. The policy shall be in force until completion of construction or excavation; tree trimming, tree installation, or removal; or as long as an encroachment into the public right-of-way exists.

(Added by Ord. 850, adopted 5-12-87)

Each applicant for a permit concerning performance of work within a highway in the City shall furnish satisfactory evidence of Workers' Compensation insurance coverage for any person employed to do work under that permit, all in accordance with Section 3700 of the Labor Code of the State of California.

(Added by Ord. 850, adopted 5-12-87)

No person shall perform any work covered by this chapter in an amount greater than, or in any way different from, or contrary to, the terms of any permit issued therefor.

(Added by Ord. 850, adopted 5-12-87)

Where the City Engineer finds that a permittee is in violation of the permit provisions as stipulated in the application, he or she may order a temporary or permanent revocation of the permit. However, if he or she further finds that the violation has been abated, he or she may reinstate the permit as being valid.

(Added by Ord. 850, adopted 5-12-87)

Each permit issued shall become null and void upon the expiration of the time specified in the application, unless the City Engineer extends the time, which he or she may do, if, in his opinion, there are extenuating circumstances beyond the control of the permittee to so warrant such extension. In the absence of an expiration date the permit shall expire 60 days after the date of issuance.

(Added by Ord. 850, adopted 5-12-87)

Non-transferable permits issued under the provisions of this chapter shall not be transferred. Any violation of this section may be cause for revocation of the permit.

(Added by Ord. 850, adopted 5-12-87)

Unless the permittee is exempted, he shall pay in advance of the issuance of the permit all requisite fees for the work covered by the permit. Such fees shall include deposits for work to be done by the City on behalf of the permittee.

(Added by Ord. 850, adopted 5-12-87)

If the City Engineer finds that the waiver of any part of the fee is necessary to promote the safety and public welfare, he may, in specific instances, waive all, or portion of, fees and deposits.

(Added by Ord. 850, adopted 5-12-87)

Where a permit application is accompanied by plans or plats showing the intended work, the permittee may be required in advance to pay a plan check fee equal to estimated reasonable costs incurred by the City for such plan check.

(Added by Ord. 850, adopted 5-12-87)

Where the City is requested or required to perform repair services resulting from permit work within a highway, the permittee shall pay in advance the costs estimated to be incurred by the City for such repair service.

(Added by Ord. 850, adopted 5-12-87)

Where the City is requested, or required, to perform other services in connection with a permit in, upon, along, across or through a highway, and such services include, but are not limited to, barricading, clean-up, survey staking, transporting of equipment, furnishing of lights, removal and installation of traffic striping, removing or remedying any hazardous condition, tree trimming, planting or removal, the permittee shall pay in advance for such services if such services are known prior to commencement of work. Where such services are not known in advance, the permittee shall be liable, upon billing, for actual costs incurred by the City.

(Added by Ord. 850, adopted 5-12-87)

Payment by the permittee for required, or requested, City services shall be made by depositing in advance with the City sufficient cash to cover in full all the required, or requested, City services. The sum of such deposit shall be based on the estimated number of manhours of labor multiplied by the hourly labor rate, including benefits, plus an overhead rate of 15% along with equipment and materials, as estimated by the City Engineer.

(Added by Ord. 850, adopted 5-12-87)

No deposit shall be required under the terms and conditions of this section when the work for which the permit is issued is to be done by a corporation holding a valid and existing franchise from the City, or such corporation is subject to regulation by the Public Utilities Commission of the State, and the work to be done under such permit is in furtherance of the services to be provided under the franchise, or pursuant to regulation by the Public Utilities Commission of the State, and the corporation has assets in excess of $10,000,000.

(Added by Ord. 850, adopted 5-12-87)

In lieu of making the special cash deposit required by Section 7106, the applicant may make and maintain with the City Engineer a general cash deposit as security for all the permits issued to the applicant. If an applicant maintains a general cash deposit, it shall be with the understanding that he will pay all bills sent to him by the City. The amount of the general deposit shall be sufficient to cover the costs connected with issuance fees, plat, check fees, inspection, testing, and any anticipated repairs and clean-up, but in no event shall the general cash deposit be less than $1,000.

(Added by Ord. 850, adopted 5-12-87)

Prior to any refund the City shall deduct from the special cash deposit made by each permittee:

(a) The permit issuance fee if that has not otherwise been paid;

(b) The costs of the services and transportation of any inspector;

(c) The costs of any repairs to structures or highway surfaces; and

(d) The cost of labor, equipment, and materials used for any other City services.

(Added by Ord. 850, adopted 5-12-87)

Any person who causes willful or negligent damage to public facilities while operating a motor vehicle shall be liable for the reasonable cost of the repair, or replacement, thereof in accordance with applicable articles of the California Vehicle Code. Similarly, if the City Engineer, finds that a person is causing, or has caused, willful or negligent damage to public facilities, including, but not limited to, roadway pavement, curbs, gutters, sidewalks, driveway approaches, storm drain systems, City sewerage facilities, potable water system landscaping and irrigation systems, he or she shall be held liable for the cost of the repair, or replacement thereof.

(Added by Ord. 850, adopted 5-12-87)

If a literal compliance with any engineering requirement of this chapter is impossible, or impractical, because of peculiar conditions which are in no way the fault of the person requesting an exception, and if the purposes of this chapter may be accomplished and public safety, health and welfare secured by an alternate construction, or procedure, and if the City Engineer so finds, he or she may grant an exception permitting such alternate construction or procedure.

(Added by Ord. 850, adopted 5-12-87)