Long Beach Municipal Code Art. II Permits

A. No person shall perform any of the following activities without first obtaining a permit from the City Engineer authorizing such person to make such excavation, improvement, or temporary occupancy:

1. Make any excavation or improvements in, on, or under the surface of any right-of-way.

2. Use or occupy any right-of-way with a temporary occupancy consisting of any structure, container, materials, equipment, vehicles, or construction signs related to work on private property.

3. Make any excavation or improvements in, on, or under the surface of private property adjacent to any right-of-way, where lateral support to such right-of-way or improvements or property within such right-of-way is affected by such excavation. Such excavation shall be subject to the additional requirements specified in Article IV of this Chapter.

B. This Section shall not be applicable to excavations performed pursuant to contracts awarded for such work by the Board of Harbor Commissioners, or any activity for which a permit has been granted pursuant to Chapter 5.60.

(ORD-19-0032 § 10, 2019; ORD-15-0003 § 2, 2015; Ord. C-7933 § 1, 2004)

A. The application for a permit under this Chapter shall be completed and filed with the City Engineer on the City's application form. Such permit application shall contain the name and street address of the applicant and shall describe in detail the excavation, improvement, or temporary occupancy to be made and the purpose of the excavation, improvement or temporary occupancy.

B. The application for excavation or improvements shall include seven (7) copies of a construction plan, twenty-four inch by thirty-six inch (24" x 36") size showing the proposed location of the excavation or improvements and the dimensions thereof, together with such other details as the City Engineer may require on such plan. The plan shall be drawn to a scale of not more than twenty feet to the inch (20′ = 1″) and all copies thereof shall be to this scale. In addition, the application shall include evidence that the applicant is either:

1. Under contract with the City for the excavation or improvement; or

2. Authorized by law or a valid franchise to use the right-of-way for which an excavation or improvement is being requested; or

3. Authorized by a pipeline permit issued under Chapter 15.44 to use the right-of-way for which an excavation or improvement is being requested; or

4. Required to construct the excavation or improvement in conjunction with a building permit issued under Chapter 18.04 or a conditional use permit issued under Chapter 21.25.

5. All construction plans submitted with an application for an excavation permit relating to any hazardous liquid facilities shall be signed by a California registered civil and/or mechanical engineer and shall be accompanied by a certification, signed by the engineer, that all facilities are in compliance with either the Federal Hazardous Liquid Pipeline Safety Act of 1979 and its amendments, the California Pipeline Safety Act of 1981 and its amendments, or the City hazardous liquid pipeline ordinance and its amendments, whichever one applies.

6. The applicant shall provide any additional information which the City Engineer may deem necessary.

7. The application and permit shall be signed by the applicant or the authorized agent of the applicant. Any person signing the application and permit as an agent shall furnish written authorization signed by the applicant designating the person as an authorized agent for such purpose.

(ORD-19-0032 § 10, 2019; ORD-15-0003 § 3, 2015; Ord. C-7933 § 1, 2004)

A. Every applicant for a permit under this Chapter shall, when the application is filed, pay to the City a fee established by resolution of the City Council. If, at any time, the City Engineer determines that the original fee paid by the applicant is not sufficient to recover costs accrued by the City, then the City Engineer may, at his discretion, require that an additional fee be paid in an amount sufficient to recover said costs.

B. The holder of a valid franchise or permit, with the approval of the City Engineer, may pay pipeline permit and inspection fees on a monthly basis. The City Engineer shall bill the holder each month for the fees accrued during the preceding month.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A. Unless the City Engineer has authorized the permittee to perform the resurfacing or repair of the surface of any highway, public street or alley which may be removed in part or damaged by excavation, fill or temporary occupancy pursuant to a permit issued under this Chapter, the permittee shall deposit with the City the estimated cost of resurfacing or repairing the surface of the highway, public street or alley which may be damaged or destroyed.

B. To ensure compliance with conditions established in the permit, the City Engineer may require that the permittee furnish a surety bond, cash deposit, or letter of credit. All bonds shall comply with regulations issued by the City pursuant to Section 2.84.040 and shall be in an amount equal to twice the estimated cost of performing the work provided, however, that the minimum amount of such bond shall not be less than one thousand dollars ($1,000.00), and the minimum duration of the bond shall not be less than one (1) year. The condition of such bond shall be that the permittee will perform the work authorized by any permit issued pursuant to this Code in a good and workmanlike manner and to the satisfaction of the City Engineer.

(ORD-19-0032 § 10, 2019; ORD-15-0003 § 4, 2015; Ord. C-7933 § 1, 2004)

A. If the applicant complies in all respects with this Chapter and with all other applicable laws, rules, regulations and ordinances of the City, and pays the fees and deposits required by this Chapter, and said permit is not being sought for excavation in a right-of-way that has been constructed, reconstructed, or resurfaced within the previous sixty (60) months or slurry sealed within the previous twenty-four (24) months, then the City Engineer shall issue the permit.

B. However, permits for excavation in a right-of-way that has undergone construction, reconstruction or resurfacing within the previous sixty (60) months or slurry sealed within the previous twenty-four (24) months and are not for an emergency repair or a new service connection to an underground utility shall be deemed discretionary and subject to the approval of the City Council.

C. The City Council may authorize a discretionary permit under the following criteria:

1. The applicant can demonstrate that the permit for excavation in a right-of-way is immediately required for the general health, safety, and welfare of the City and, as such, cannot be delayed until the sixty (60) month or the twenty-four (24) month period, described above, has expired; and

2. The applicant can demonstrate that alternatives to excavating in the right-of-way, such as alternative routing or construction methods, including boring or excavation of the parkway, are not possible.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A. If a person begins excavation, the construction of any improvement, or occupies the right-of-way prior to obtaining a permit, the fee to obtain a permit shall be double the fee prescribed in Section 14.08.040, as a penalty for the failure to obtain a permit as required herein.

B. The payment of the penalty shall not relieve such person from fully complying with this Chapter in the execution of the work, or from penalties prescribed herein.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

If improvements are made under a permit and do not comply with the specifications and this Chapter, the City Engineer shall notify the person to whom the permit was granted and identify the defect or failure and the person shall, within a period of five (5) days after the service of the notice, proceed with reasonable diligence to remedy the defect or failure. If the person does not comply with the requirements of the notice, the City Engineer may order the improvements removed at the expense of the permittee and the permittee shall promptly reimburse the City for the cost of removal.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A. If a permittee fails to comply with this Chapter, the City may notify the permittee in writing of the failure and identify the time within which the failure must be remedied. If the permittee fails or refuses to remedy the failure within the period of time stated in the notice, the City Engineer may revoke the permit and correct the failure. The permittee shall promptly reimburse the City for any expense incurred by the City in correcting the failure. If the permittee continues work after the permit has been revoked and if the City files suit to restrain the permittee or otherwise enforce this Chapter, then the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including attorney fees and court costs.

B. Any structure, materials, barricade, vehicle or other object placed in the right-of-way in violation of this Chapter may be removed and stored in any convenient place by the City Engineer or City officer or employee designated by him/her. If it is removed, the City will notify the owner thereof, in writing, within three (3) working days after its removal. If the owner fails to claim the items and pay the expenses of removal and storage within thirty (30) days after removal, the items shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to Chapter 2.78.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Permittee shall secure and maintain, during the life of the permit, commercial general liability insurance as described in regulations issued by the City pursuant to Section 2.84.040.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

If improvements or excavations are made under this Chapter by or for a municipal corporation, a County, a State, the federal government, a County, State or federal agency, board or commission, a drainage, irrigation, levee, replenishment, reclamation or water district, or a conservation or flood control district, then no fees or deposits shall be required prior to the issuance of the permit.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A. A permit shall be subject to the following conditions:

1. The permit shall be kept at the site of the work and shall be shown on demand to a City representative.

2. Permittee shall comply with California Government Code Section 4216 and following. Markings made pursuant to such Code Section shall not be made more than fourteen (14) calendar days prior to commencement of work and all markings shall be removed within two (2) months after the date markings are no longer needed or completion of the work, whichever occurs first.

3. The permit is nontransferable.

4. Improvements that will be maintained by the permittee may require the execution of a maintenance agreement with the City by the permittee.

5. For excavations or improvements, the City Engineer may revoke the permit unless the work begins within sixty (60) days after the issuance of the permit and is diligently performed to completion in the sole opinion of the City Engineer.

6. Permittee shall defend, indemnify and hold harmless the City, its officials and employees from and against all liability, loss, damage, demands, causes of action, proceedings, fines, penalties, costs, and expenses including attorney fees arising in any way from permittee's work under the permit and, furthermore, permittee shall obtain the commercial general liability insurance required in regulations issued by the City pursuant to Section 2.84.040.

7. Permittee shall, at permittee's sole expense, within ten (10) days after receipt of written notification from the City Engineer to do so, remove any improvement or facilities or, with the prior approval of the City Engineer, relocate them to a site designated by the City Engineer if at any time the improvement or facilities interfere with the use, repair, improvement, widening, change in grade, or relocation of any right-of-way or highway, or interfere with the construction of any subway, viaduct or other underground conduit or structure of any kind.

B. Either when the permit is issued or at any time thereafter until the completion of work or end of the temporary occupancy, the City Engineer may require additional conditions as he finds reasonably necessary for the protection of the right-of-way or highway, for the prevention of undue interference with traffic, or to assure the safety of persons using the right-of-way or highway.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

The City Engineer may refuse to issue a permit for improvements, excavation, or temporary occupancy in the right-of-way if the applicant has previously failed or refused to comply with this Chapter or if the excavation, improvement, or temporary occupancy will endanger the health and welfare of the residents of the area where the work will be performed.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

All improvements shall be performed to the satisfaction of the City Engineer and in accordance with the "Standard Specifications For Public Works Construction" current edition, approved plans, and with this Chapter.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)