Los Angeles County Municipal Code Ch. 16.06 General Regulations

A.

Every person, except as otherwise provided in this Division 1, is required to obtain a permit from the commissioner before he:

Moves or causes to be moved over, along or across any highway any load or vehicle;

Makes or causes to be made any excavation or encroachment in any highway;

Places, changes, renews or abandons a facility or encroachment;

Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;

Constructs, reconstructs or repairs any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection A5 does not apply if any agreement with the county exists for the construction, reconstruction or maintenance of such installation;

Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility;

Places or leaves any impediment to travel upon any highway.

B.

Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor.

(Ord. 11581 § 1, 1977; Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 100, 1940.)

Any person who shall commence any work for which a permit is required by this Division 1 without first having obtained a permit therefor shall stop work and apply for such permit.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 133, 1940.)

Every permit issued under this Division 1 for activity or work, in, along, on, over, across or under the highway shall be granted subject to the right of the county or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the commissioner.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 131, 1940.)

The permittee shall make the permit available for inspection by the commissioner or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 134, 1940.)

The commission may cancel a permit unless the activity therein permitted is commenced within the time specified and is diligently prosecuted to completion.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 138, 1940.)

Every person who commences any activity or work regulated by this Division 1 must comply with the provisions of this Division 1, the provisions made part of any permit, and the provisions of the specifications and all codes referred to by this Division 1.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 136, 1940.)

All work shall be performed in accordance with the Standard Specifications For Public Works Construction, or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications, the higher specification shall apply.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 132 1940.)

Every person who commences any activity or work regulated by this Division 1 shall safeguard and complete the activity or work within a reasonable time. Any part of the highway facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the commissioner. All surplus material of any kind shall be removed from the highway.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 135, 1940.)

Any person engaged in performing work regulated by this Division 1 which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. He shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of his activity in order to promote the safe movement of traffic, including but not limited to periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required in the Vehicle Code.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 128, 1940.)

Whenever the provisions of Division 1 of this title require 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 Division 1, whether such person obtains such a permit or not.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 130, 1940.)

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(A), 1940.)

The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to relocate his facility without cost.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(B), 1940.)

The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said facilities should be damaged (and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(C), 1940.)

Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. At such time as a one-call notification system is operational in the unincorporated territory of Los Angeles County, permittee shall notify those owners or operators who are

members of the system by notifying the system by telephone at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. The permit shall not be valid until permittee receives a "ticket" number from the system acknowledging the notification, which number permittee shall enter upon the face of the permit. Said notification is an additional method to be used in determining underground facilities, and does not relieve permittee from the responsibility to assure that owners or operators of such facilities are notified. Any permittee shall likewise notify nonmembers of the system who are owners or operators of facilities in the vicinity of the proposed excavation. Any person receiving notice pursuant to this Division 1 shall, not less than one working day in advance of proposed construction unless otherwise agreed between said person and permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.

(Ord. 12038 § 3, 1979: Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(D), 1940.)

A.

Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by owner.

B.

In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:

Excavations for Highway Construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter;

Trench Excavation.

a.

Longitudinal Pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter;

b.

Transverse Pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(E), 1940.)

A.

After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches (18 inches if scarifying), the permittee shall confer with the owner. Unless the

owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction.

B.

Once the physical location of pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavating, in cooperation with and with the occurrence of the owner, shall determine how to protect the pipeline from damage before proceeding with his work.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(F), 1940.)

Each permittee excavating in the highway shall notify the public agency maintaining records for the jurisdiction and the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(G), 1940.)

No moving contractor, as defined in Section 16.04.120, shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any highway, and it is determined that the height, width or weight of said load exceeds the height, width or weight as stated in the permit, and property damage results therefrom, the commissioner is authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the commissioner that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility. The permittee violating this section may also be prosecuted under the provisions of Chapter 16.28 of this code.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(H), 1940.)

The permittee shall save harmless the county, its officers, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken.

(Ord. 11581 § 3 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 139(I), 1940.)

A.

Upon completion of the permittee's activity, the commissioner, at his option, may require the permittee to restore that portion of the highway facilities damaged by the permittee's activity, or the commissioner may elect to do such restoration himself.

B.

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.

C.

The base course removed shall be replaced to the same thickness as that of the surrounding base course.

D.

When the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.

E.

When the structural section removed varies from or exceeds the average existing section, the commissioner may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

F.

In those instances where the permittee's excavation is within an area of highway to be reconstructed by the county and the resurfacing of the excavation is an integral part of the general county improvement, the commissioner may waive such resurfacing.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 137, 1940.)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the commissioner in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 142, 1940.)

A person shall not obstruct the commissioner, or his duly authorized representative, in making any inspection authorized by this Division 1 or in taking any sample or in making any test.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 129, 1940.)

When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any highway facility has been damaged and the person fails or refuses to repair or restore; then the commissioner with his own forces or otherwise may cause such to be placed, erected, completed, repaired, restored, removed and/or maintained. The person shall pay for any and all costs.

(Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 140, 1940.)

The commissioner may restrict the use of, or close, any county highway whenever he considers such closing or restriction of use necessary:

A.

For the protection of the public;

B.

For the protection of such county highway from damage during storms;

C.

During construction, improvement or maintenance operations thereon.

(Ord. 9879 § 1, 1969: Ord. 3597 Ch. 1 § 143, 1940.)