Long Beach Municipal Code Ch. 15.44 Pipelines and Utilities

Footnotes:

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Note— Prior ordinance history: Prior code §§ 7560 and 7560.1—7560.23 and Ords. C-5690, C-5887, C-5916 and C-6023.

For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:

"Applicant" means any person who applies for a permit under this Chapter.

"City" means the City of Long Beach, acting by and through the City Council.

"City property" means "streets," as that term is defined in Section 1.08.130, and lands (except Water Department lands and lands in the harbor district) and structures owned or controlled by the City within the City.

"Facilities" means pipes, pipelines, conduits, ducts, tunnels, poles, pole lines, cables, wires, vaults, traps, manholes, appliances, attachments and appurtenances used in connection therewith, for the purpose of the transmission, transportation or conveyance of any liquid or gaseous substance or substances, steam air, electrical energy, or for communication purposes, or for the purpose of providing housing or protection for interior lines used, intended to be, or capable of being used for such purpose or purposes, excepting, however: (1) sewers owned or operated by the Los Angeles County sanitation district or successor, the County of Los Angeles, the City of Signal Hill and the City of Lakewood; (2) public utility service connections; (3) water sprinkler systems; (4) storm drain pipes; (5) reclaimed water lines; (6) any subsurface installation required to be installed by a subdivider; (7) water lines owned or operated by the Metropolitan Water District of Southern California, the City of Signal Hill and the City of Lakewood; and (8) as to a public utility holding a valid and effective franchise form the City, any of the aforementioned facilities set forth in its franchise, whether the franchise authorizes construction, maintenance or operation of the facilities only in public streets and ways or both in public streets and ways in other public property.

"Governmental agencies" means the United States of America and its agencies and instrumentalities, the State, its political subdivisions, agencies and instrumentalities, this City, other cities and their departments, divisions and boards, other public agencies, and districts created by State law.

"Hazardous liquid pipeline" means a pipeline which carries those substances subject to and as defined in Part 195 of Title 49 of the Code of Federal Regulations (transportation of hazardous liquids by pipeline) and as said part is amended from time to time.

"Permit" means the written, typewritten, or printed permission issued to an applicant by the City under the authority of this Chapter and conditioned as provided in this Chapter, and means and includes any amendment or supplement to the permit.

"Permittee" means any person to whom a permit has been granted and issued under and pursuant to the terms of this Chapter and includes the assignee, or successor in interest thereof, when the assignment or transfer has been approved as provided in this Chapter.

"Person" means and includes an individual; a receiver; a trustee; a copartnership; joint ventures; a firm; an unincorporated association; a syndicate; a club; a society; a trust; a private corporation; a public corporation; a municipal corporation or board, commission or department thereof; a County, a State, a national government; a municipal, County, State or federal agency, board or commission; a water district; a utility district; a political subdivision; a school district; and a drainage, sanitation, sewer maintenance, sanitary irrigation, levee, reclamation, water conservation or flood control district, whether acting for himself/herself, itself or in any representative capacity.

"Pipeline" means any underground pipe, tunnel, or duct used, designed or intended to be used for transmitting or transporting substances by means of pressure or vacuum except sewers, storm drains, and conduits for housing lines for transmission of electrical energy.

"Public utility service connection" when used in this Chapter applied to water and gas utilities means that connection from the distribution system of the utility to the property line of the property to be served.

"Sewer" means any underground pipe, conduit, tunnel, or duct used or designed or intended to be used to transport surplus industrial or other waste material but not including water or waste material originating from oil wells or other material not acceptable in a public sewer.

"Storm drain" means any pipe, conduit, tunnel, duct, or appurtenance thereto intended for the reception and transfer of stormwater, groundwater, or roof or yard drainage.

(ORD-06-0054 § 1, 2006: Ord. C-7868 § 1, 2003: Ord. C-6398 § 1 (part), 1987)

Except in accordance with the terms and subject to the conditions of this Chapter no person except the City or any of its departments or divisions shall use or occupy City property for the purpose of laying, installing, maintaining or operating facilities therein.

(Ord. C-6398 § 1 (part), 1987)

No facilities shall be laid, installed, maintained, or operated in any City property other than by the City unless the person desiring to lay, install, maintain, or operate the facilities is entitled to use the City property by reason of the following:

A. A valid property right based on a conveyance under the laws of this State or the United States; or

B. A valid franchise; or

C. A revocable permit or permit supplement issued pursuant to this Chapter, or an unrevoked permit issued pursuant to Ordinance No. C-2843 or Ordinance No. C-2998 prior to their repeal.

(Ord. C-7868 § 2, 2003: Ord. C-6398 § 1 (part), 1987)

A. An applicant for a permit or permit supplement under the terms of this Chapter shall file a written application therefor with the Department of Public Works on forms to be provided by the City, which application shall be in duplicate. The application shall show:

1. Name and address of the applicant;

2. If other than an individual, the form or type of organization, with names and addresses of officers, partners, or firm members;

3. Route of proposed installation and general description of type of facilities to be installed. If the installation is for a pipeline, or subsurface conduit for protection of interior lines for transmission of electrical energy, the applications shall show the size and type of pipe or conduit material as well as the location of valves, vaults, the type of cathodic protection and special features. If the application is for a pole line, it shall show the number of poles, the distance between poles, diameter and height of poles and a general description of the wires or other equipment to be located thereon;

4. Description of what is to be transmitted, transported or conveyed thereby;

5. Description of type of coating, housing, or other protective features, if any.

B. Applications filed under Subsection 15.44.030.A of this Section shall be accompanied by maps or drawings, or prints thereof, in sextuplicate, showing the location of the proposed installations and if for a pipeline or protective conduit, showing dimensions and size of pipe or conduit material, length thereof, dimensions and locations of vaults, valves and all connected appliances. All drawings, maps or prints submitted for any hazardous liquid pipeline shall be signed by a registered civil and/or mechanical engineer. If for a pole line, the maps shall show dimensions and height of poles, depth to be set in the ground, location of each pole, the distance between the existing ground surface or improvements and bottom of the transmission lines, and of any incidental facilities to be installed therewith. The maps shall be drawn to a scale of not more than forty feet (40′) to the inch and all prints thereof shall be to this scale.

(Ord. C-6398 § 1 (part), 1987)

Any person holding a valid and effective permit issued pursuant to the terms of this Chapter or pursuant to Ordinance No. C-2843 or C-2998 prior to their repeal, may, in accordance with the procedure provided in Section 15.44.040, obtain a supplement thereto for the purpose of: (a) installing additional facilities; (b) changing location of existing facilities; or (c) abandonment of existing facilities.

(Ord. C-6398 § 1 (part), 1987)

On receipt of an application for a permit or permit supplement, the City Council or the Director of Public Works, as described below, shall determine whether or not the granting of a permit as sought or a modification thereof will not be contrary to the public interest, after which the City shall issue a written permit or permit supplement which sets forth any special conditions imposed by the City Council on the permittee or the facilities. Except as described elsewhere in this Section, the City Council shall have the power to determine when the granting of a permit or permit supplement will or will not be in the public interest and its determination shall be final. With respect to groundwater monitoring wells, water lines, and sewer lines, the determination whether or not granting a permit is in the public interest may be made at the discretion of the City's Director of Public Works, who may issue a permit or permit supplement.

(ORD-06-0054 § 2, 2006: Ord. C-7868 § 3, 2003: Ord. C-7767 § 1, 2001: Ord. C-6398 § 1 (part), 1987)

Facilities laid, installed, maintained or operated in any City property, whether or not pursuant to a permit issued under this Chapter, shall conform to the following terms and conditions:

A. Material used. All facilities not specifically provided for in this Section shall be constructed of materials which are new or in such condition as, in the opinion of the Director of Public Works, will assure satisfactory service and durability in accordance with the purpose of the intended use.

B. Liquid petroleum transportation piping systems. All materials used in construction of liquid petroleum transportation piping systems shall comply with all applicable federal and State regulations.

C. Electrical surface facilities. All facilities constructed or maintained above the surface of the ground and used or intended to be used for transmission of electrical energy shall comply with the rules for overhead electric line construction contained in General Order Number 95 of the California Public Utilities Commission or such other Statewide regulatory provisions applicable to overhead lines as may hereafter be placed in effect by the Commission or any other regulatory body or official as hereafter is charged with the duty of regulation of electric and communications utilities on a Statewide basis throughout California.

D. Electrical subsurface facilities. All facilities constructed or maintained below the surface of the ground and used or intended to be used for transmitting electrical energy shall be such as shall not be in violation of any State law governing such installations and before being installed detailed specifications therefor shall be submitted to and approved by the Director of Public Works.

E. Connections to facilities. No person maintaining facilities in City property shall allow or permit any facilities belonging to another person to be connected thereto in any City property unless the owner of the connecting facilities is authorized to occupy the City property with the facilities under the terms of this Chapter.

F. Cable communications systems surface and subsurface facilities. All facilities constructed or maintained above the surface or below the surface of the ground and used or intended to be used for the transmission of cable communications shall be in compliance with all conditions and terms contained in Chapter 15.74 of this Code.

(Ord. C-6398 § 1 (part), 1987)

The work of constructing or installing any facilities authorized by any permit, or permit supplement, pursuant to the terms of this Chapter shall be commenced within ninety (90) days from the date of granting the authority therefor; provided, however, that the Director of Public Works may, for good cause, grant an extension of time; and shall be diligently prosecuted until concluded.

(Ord. C-6398 § 1 (part), 1987)

No person shall fail, refuse, or neglect to comply with any requirement of this Chapter. All permits and permit supplements issued pursuant to this Chapter or issued pursuant to Ordinance No. C-2843 or C-2998 prior to their repeal, for any of the purposes set forth in Section 15.44.020 except an ordinance granting a franchise, shall be upon the terms and conditions as provided in Section 15.44.070, which shall be either set forth in each permit and permit supplement or referred to therein.

(Ord. C-6398 § 1 (part), 1987)

A. Each permit and permit supplement issued pursuant to this Chapter shall be subject to the condition and shall provide that the permittee, as and for compensation for use of City property, shall pay to the City annually in advance, on a calendar year basis except as otherwise stated herein, fees as follows:

1. Water, Wastewater, Oil, Gas, Sewer, Gasoline, Electrical Energy, Communications, and Liquefied Petroleum Gas Pipelines.

For pipelines with an internal diameter not listed herein, the fees shall be in the same proportion to the fees of a twelve inch (12″) diameter pipe as the diameter of the unlisted pipe is to twelve inches (12″).

The annual payment for each lineal foot of pipeline shall be computed and revised each calendar year as follows:

a. The applicable base rate shall be multiplied by the Consumer Price Index for owner's equivalent rent of primary residence in Los Angeles, California published by the United States Department of Labor, Office of Information, for the month of September immediately preceding the month of January in which payment shall be due and payable, and divided by the Consumer Price Index for owner's equivalent rent of primary residence in Los Angeles, California, 1984 which is 100.0. Under no circumstances shall the multiplying factor be less than one (1).

b. If the United States Department of Labor, Office of Information, discontinues the preparation and publication of a Consumer Price Index for owners' equivalent rent of primary residence in Los Angeles, California, and if no transposition table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the Index of December, 1984, then the City Council shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this Subsection in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December, 1984. Upon this point the determination by the City Council shall be final and conclusive.

(ORD-06-0054 § 3, 2006: Ord. C-7868 § 4, 2003: Ord. C-6398 § 1 (part), 1987)

Governmental agencies shall not be required to file the bond or policy of public liability insurance required by this Chapter.

(Ord. C-7868 § 5, 2003: Ord. C-6398 § 1 (part), 1987)

Whenever the rearrangement or relocation of any facilities installed or maintained in City property is required by reason of a change of the grade, laying of any sewer, storm drain, water, gas or other pipeline or conduit installed for a public service, or making of any other public improvement, the owner thereof shall, within sixty (60) days after written notice from the Director of Public Works (or such other time limit as may be specifically provided in any applicable franchise ordinance), rearrange or relocate the same to accommodate the public improvement at its own cost and expense, and to the satisfaction of the Director of Public Works. If the owner has not complied with the written request within sixty (60) days after the notice is given (or within such other specific time limit), then the Director of Public Works may cause the work required to be done. In such event he shall keep an itemized account of the cost thereof and shall render a bill for the amount thereof plus twenty-five percent (25%) of overhead to the owner. Acceptance of a permit or permit supplement pursuant to this Chapter, or pursuant to Ordinance C-2843 or C-2998 prior to their repeal, constitutes a contract by the owner to pay to the City any such amount so incurred within fourteen (14) days after presentation of a bill therefor. If any portion of said bill is not paid within fourteen (14) days after presentation, there shall be on the fifteenth day attached to said unpaid portion of the bill a penalty at the rate of eighteen percent (18%) per annum for each day the payment on the unpaid portion of the bill remains unpaid between the date of presentation and the date of payment. If the payment on the unpaid portion of the bill is not made within sixty (60) days from the date of presentation, there shall, on the sixty-first day, be attached in addition to the aforesaid penalty an additional penalty of fifty percent (50%) of the unpaid portion of said bill.

Any penalty under one hundred dollars ($100.00) shall be added to the annual permit fee payable in the succeeding calendar year. The fact that the facilities have been installed pursuant to other authority shall be no defense to compliance with this Chapter by the owner of the facilities.

(Ord. C-6398 § 1 (part), 1987)

All valves and gates, whether boxed or exposed, poles and pipes which are exposed on structures installed or maintained in City property shall bear a distinguishing mark, either by stenciling in the case of pipes, or by means of a metal tag attached to poles and, with wire to gates and valves, with the name and telephone number of the owner and name of the material carried therein stated thereon. Should the City prescribe a code system for designating the material carried, then the code may be used therefor.

(Ord. C-6398 § 1 (part), 1987)

Whenever any "facility", as defined in Section 15.44.010, is used for the transportation of liquids, vapors, or gases and the facility permits the escape of the contents therefrom, it shall be the duty of the person owning, using, or controlling the facility to immediately notify the City Fire Department and make provisions to ensure that the situation is safe. This includes, but is not limited to, containment, pump shut down, valve closures and evacuation. After the situation is controlled the permittee owning, operating or controlling the facilities shall repair the facility to ensure the future safe operation of the facilities and also to make such cleanup and repair of City property as is required by the Director of Public Works. No person shall fail, refuse or neglect to comply with any requirement of this Section.

(Ord. C-6398 § 1 (part), 1987)

A. Whenever any person, who has installed or has been maintaining in City property any facilities, desires to abandon all or any portion thereof, an application therefor shall be filed with the City. The application shall set forth the route or location of the facilities and whether the person desires to abandon the facilities in place or to remove them. In the event the person desires permission to remove all or part of the facilities, the City shall determine whether the removal may be safely effected without detriment to the public interest or under what conditions the removal may be safely effected. In the event the City specifies conditions pursuant to which the facilities may be removed, the person shall be authorized to so remove only in the event all the conditions so imposed are carried out to the satisfaction of the Director of Public Works. Otherwise the removal shall not be permitted.

B. In the event the person desires permission to abandon the facilities in place, the City shall determine whether the abandonment in place of all or part of the facilities may be permitted without detriment to the public interest. The City may specify conditions for the abandonment in place of the facilities and the conditions shall be fully complied with to the satisfaction of the Director of Public Works before the facilities shall be considered abandoned. Until so abandoned, fees applicable thereto shall continue to accrue.

C. All pipelines shall be abandoned in the manner required in this Section upon termination, expiration or upon the permanent suspension of use by the permittee.

(Ord. C-7312 § 4, 1995; Ord. C-6398 § 1 (part), 1987)

Whenever any person has facilities located on City property and therefore has a right to maintain the facilities either pursuant to a franchise or permit issued pursuant to this Chapter, which right has been terminated for any cause, or whenever any person who had facilities located on or in City property on or before July 1, 1952, has failed to obtain the right to maintain the facilities on or in the City property after October 1, 1952, and the person has for a period of sixty (60) days following the written notification of said termination failed to comply with the termination or failed to obtain a right to maintain the facilities on or in the City property, then the Director of Public Works shall make every effort to locate the facilities and either remove from City property or effectively sever the facilities at the point at which they enter City property so that they cannot be utilized for the purposes for which intended without reconnection after a proper permit or franchise has been obtained.

(Ord. C-6398 § 1 (part), 1987)

When municipally owned or operated facilities must be removed in connection with public improvements, the cost of the removal shall be paid by the municipal department the facilities of which are required to be so removed.

(Ord. C 6398 § 1 (part), 1987)

A. Any permit issued pursuant to this Chapter may be revoked by the City Manager, after finding the existence of any of the following grounds for revocation: (1) failure by permittee to comply with the requirements of the permit or of this Chapter, (2) neglect or refusal by a permittee to comply with, or violation of, the provisions of this Chapter or other ordinances or laws, directly or indirectly incidental to the operations of the permit, (3) misrepresentations of facts, reports or records furnished by a permittee and required under this Chapter, (4) operations by a permittee endangering public health and safety by not complying with applicable local, State or federal pipeline safety and environmental regulations.

B. The City shall have the power to determine when an existing permit or permit supplement shall be revoked as a result of the permittee failing to comply with applicable local, State or federal pipeline safety and environmental regulations. A determination by the City Manager that any such permit or permit supplement should be revoked based on Subsection A of this Section, shall be final unless an appeal therefrom is taken, and a permittee served with written notice of a final order revoking and terminating such permit or permit supplement shall have ninety (90) days after service of the notice in which to abandon or remove facilities in accordance with the provisions of this Chapter and any other applicable ordinance of the City. Any permittee dissatisfied with an order of the City Manager revoking and terminating its permit or permit supplement may, within fifteen (15) days after receiving said written notice of final order of revocation and termination, appeal to the City Council by filing written notice of the appeal with the City Clerk. Upon receipt of the notice of appeal, the City Council shall set a date for hearing thereon not less than ten (10) days nor more than thirty (30) days thereafter. Permittee shall be notified in writing by the City Clerk of the date, time and place of the hearing. At the time set, the City Council shall hear the permittee, City Manager, and other interested persons and may either affirm or annul the City Manager's order. The decision of the City Council shall be final.

C. Any permit or permit supplement revoked solely for failure to comply with the requirements of Sections 15.44.190 or 15.44.230 may be reinstated only upon application therefor showing compliance submitted to and approved by the City Manager and upon the payment of ten dollars ($10.00) per day for every day of noncompliance and also upon payment of all sums due and unpaid to the City under the provisions of Section 15.44.100.

D. Upon a failure of the permittee to comply with the provisions of Sections 15.44.190 or 15.44.230, the City may notify the permittee in writing of the default and specify the time within which the default is to be remedied. If the permittee fails or refuses to remedy the default within the period of time specified, the right of permittee to use the facility or facilities shall cease and the City shall have the right to sever the facility or facilities at the point where the facility or facilities enter upon the place authorized to be used. The permittee shall reimburse the City for any expense incurred by the City in severing the facility or facilities. Should the permittee continue to use the facility or facilities after the right to use them has been terminated and should the City file suit to restrain the use of the facility or facilities by permittee, the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including a reasonable Attorney fee.

(Ord. C 7312 § 1, 1995: Ord. C 6398 § 1 (part), 1987)

At all times, each permittee shall defend, indemnify, and hold harmless the City, its officials, employees and agents from and against all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable Attorney fees) of any kind (collectively in this Section, "claim") alleging injury to or death of persons or damage to property and that such injury, death or damage arises from or is attributable to or caused by any of the operations of permittee. Permittee shall notify the City of any claim within ten (10) days.

Permittee shall procure and maintain, at its cost, during the term of the permit and any renewals thereof, insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. The permit shall be automatically revoked upon failure to maintain the required coverage.

(Ord. C 7934 § 20, 2004: Ord. C 7312 § 2, 1995: Ord. C 6451 § 3, 1987: Ord. C 6398 § 1 (part), 1987)

A. Should it become necessary or desirable to install permanent paving in any City property in which "facilities" as defined in this Chapter have been installed or are being maintained, the owner thereof, prior to the commencement of the paving, and upon written notice so to do from the Director of Public Works, shall treat or re-treat its subsurface facilities in such manner that the same shall not require major repairs or replacement within a period of one (1) year.

B. The treatment or re-treatment shall be subject to the inspection and approval of the Director of Public Works prior to installation of paving. The treatment or re-treatment shall be commenced within sixty (60) days after service of written notice so to do, as provided in this Chapter, and shall be at the cost and expense of the owner of the facilities involved. If the owner has not commenced the treatment or re-treatment within sixty (60) days after receipt of the written notice so to do, or should the owner thereafter fail to prosecute the work with reasonable diligence, then the Director of Public Works may cause the required work to be done. In that event he shall keep an itemized account of the cost thereof and shall render to the owner a bill for the amount thereof, plus twenty-five percent (25%) for administration and overhead. Acceptance of a permit, or permit supplement issued pursuant to this Chapter, or pursuant to Ordinance C 2843 or C 2998 prior to their repeal, shall constitute a contract by the permittee, the owner of the facilities so installed or maintained, to pay to the City any such amount so incurred within fourteen (14) days after presentation of a bill therefor. If any portion of said bill is not paid within fourteen (14) days after presentation, there shall be on the fifteenth day attached to said unpaid portion of the bill a penalty at the rate of eighteen percent (18%) per annum for each day the payment on the unpaid portion of the bill remains unpaid between the date of presentation and the date of payment. If the payment on the unpaid portion of the bill is not made within sixty (60) days from the date of presentation, there shall, on the sixty-first day, attach in addition to the aforesaid penalty an additional penalty of fifty percent (50%) of the unpaid portion of said bill. Any penalty under one hundred dollars ($100.00) shall be added to the annual pipeline fee payable in the succeeding calendar year. The fact that the facilities have been installed pursuant to other authority shall be no defense to compliance with this Section by the owner of the facilities.

(Ord. C 6398 § 1 (part), 1987)

A. All persons owning, using or controlling any "facilities", as defined in this Chapter, installed or maintained beneath the surface of City property shall, within thirty (30) days of written request, submit to the Department of Public Works of the City in the form and manner prescribed by the Director of the Department, a complete inventory of the facilities.

B. If cathodic protection is to be used for "facilities", as defined in this Chapter, which have been or are hereafter installed or maintained beneath the surface of City property, a full description of it shall be furnished to the City which shall show the location and type of anodes, including a full description of methods to be used as a protection against corrosion and electrolytic leakage.

(Ord. C 6398 § 1 (part), 1987)

A. Permittee shall not sell, lease, assign or transfer any of the rights or privileges authorized by any permit or permit supplement issued pursuant to the provisions of this Chapter, or pursuant to Ordinances C 2843 or C 2998 prior to their repeal, or any facilities installed pursuant thereto, unless approved by order of the City. Any purported or attempted sale, lease, assignment or transfer thereof, without the approval, regardless of whether made voluntarily or otherwise, is void and of no effect and transfers none of the rights or privileges authorized by the permit or permit supplement.

B. In the event such a sale, lease assignment or transfer is approved by the City as provided in this Section, then and in that event the permit or permit supplement shall, upon acceptance thereof by the permittee's successor in interest, be binding upon the successor to the same extent and in like manner as upon permittee. Such acceptance by permittee's successor in interest shall be evidenced by its filing with the Department of Public Works of a faithful performance bond in similar form and amount as required in Section 15.44.230 and an insurance policy in compliance with the provisions of Section 15.44.190.

(Ord. C 6398 § 1 (part), 1987)

At all times during the term of this permit, permittee shall keep in full force and effect a bond as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040, or a cash deposit, irrevocable letter of credit, or other negotiable securities in an amount equal to the amount required for a bond.

Any bond, cash deposit, irrevocable letter of credit, or other negotiable securities deposited with the City may be used by the City to compensate it for any loss or damage resulting from permittee's failure to perform to the satisfaction of the City Manager any term, covenant and condition of the permit. If any part of the bond, cash deposit, irrevocable letter of credit, or other negotiable security remains unused after the City has been compensated for such loss or damage, the remaining cash or negotiable security shall be returned to permittee and the bond or irrevocable letter of credit shall be released within ten (10) business days. If the City Manager determines that no default has occurred and the City has not been damaged by any of permittee's activities, then the City shall endeavor to return the cash or negotiable security or to release the bond or irrevocable letter of credit within ten (10) business days after such determination by the City Manager and, in any event, no later than sixty (60) days after the expiration of the permit. If the bond, cash, irrevocable letter of credit, or negotiable securities are insufficient to compensate the City for its loss due to permittee's failure to comply with any term, covenant and condition of the permit, permittee shall be liable and pay for any such deficiencies.

(Ord. C 7934 § 21, 2004: Ord. C 7868 § 6, 2003: Ord. C 7312 § 3, 1995: Ord. C 6398 § 1 (part), 1987)

No right to use City property shall ever be construed as constituting authority to make any excavations in streets other than in compliance with all applicable ordinances.

(Ord. C-6398 § 1 (part), 1987)

A. Prior to April 1st of each year every permittee shall certify to the City Manager, the total footage of its hazardous liquid pipelines within the City.

The certification shall include a breakdown of the footage under the control of:

1. United States Department of Transportation;

2. California State Fire Marshal;

3. City of Long Beach.

B. Prior to April 1st of each year each permittee having such hazardous pipelines over which the City has jurisdiction shall file with the Director, Department of Public Works, in a form and manner prescribed by the Director of such Department, a certificate under penalty of perjury that the carrier has complied with all of the requirements of Part 195 (transportation of hazardous liquids by pipeline) of Title 49 of the United States Code of Federal Regulations concerning accident reporting (subpart D), design requirements (subpart C), construction (subpart D), hydrostatic testing (subpart E), operation and maintenance (subpart F), and compliance with all other applicable federal, State and local regulations.

C. Any carrier who fails to file the annual certifications as required section shall be subject to permit revocation pursuant to Section 15.44.180.

(Ord. C-6398 § 1 (part), 1987)