Mission Viejo Municipal Code Ch. 14.10 Placement of Construction Bins Within Public Right-of-Way

Footnotes:

--- (6) ---

Editor's note— Ord. No. 95-156, § 1, adopted Jan. 22, 1996, amended former Ch. 14.10, relative to placement of construction bins within public road right-of-way, to read as herein set out. The provisions of former Ch. 14.10, §§ 14.10.010—14.10.130, derived from Ord. No. 90-48, § 2(14.10.010—14.10.120), adopted May 29, 1990.

Cross reference— Integrated waste management regulations, ch. 6.10.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction material includes, but is not limited to: scrap lumber, tile, dirt, sand, broken concrete, glass, brick, pieces of drywall and pieces of carpet and insulation.

Construction bin means any container, commercial roll-off bin or other similar receptacle used for the accumulation and temporary storage of construction and demolition material or waste or similar material, and which is emptied by means of special collection equipment.

Construction bin permit means a permit for the placement of a construction bin on any premises in the city which is not a public street, alley, sidewalk, parking lot or other public right of way. The issuance of construction bin permits is governed by Chapter 6.10 and not this chapter.

Encroachment permit means a permit for the placement of a construction bin in any public street, alley, sidewalk, parking lot or other public right-of-way.

Solid waste enterprise means any person, partnership, corporation or business entity regularly engaged in the provision of construction bins and the collection of the contents of construction bins.

(Ord. No. 96-155, § 1, 1-8-96)

Cross reference— Definitions Generally, § 1.01.170.

The city engineer is empowered to adopt regulations governing the administration of this chapter, and the activities of permittees pursuant to this chapter. The regulations adopted by the city engineer shall be considered conditions of any encroachment permit issued pursuant to this chapter.

(Ord. No. 96-155, § 1, 1-8-96)

Solid waste enterprises licensed or permitted by the city in accordance with Chapter 6.10 of the Mission Viejo Municipal Code which desire to place a construction bin in any public street, alley, sidewalk, parking lot or other public right of way shall apply for and obtain an encroachment permit before placing a construction bin in any public street, alley, sidewalk, parking lot or other public right-of-way. Applications for an encroachment permit shall be submitted to the city engineer on forms supplied by the city and shall contain the following information:

(1) The name, address and business telephone and telecopier numbers of applicant and copy of the solid waste permit issued by the city pursuant to Chapter 6.10 to the applicant for the encroachment permit;

(2) The name, address and telephone and telecopier number of the person or persons who will have general management responsibilities for the placement, servicing and removal of the construction bin;

(3) The street address where the construction bin is to be placed;

(4) Evidence of insurance, a performance deposit and submission of an indemnification agreement; and

(5) Such other information, including, but not limited, to compliance with the city engineer's regulations regarding reflective markings and posting of notices regarding the prohibition of disposal of hazardous substances, as the city engineer may require in order to evaluate the application.

(Ord. No. 96-156, § 1, 1-22-96)

(a) During the term of any encroachment permit, the permittee shall maintain in full force and effect insurance for public liability, bodily injury and property damage. The city shall be named as an additional insured under each policy of insurance. The insurance policies shall provide coverage of at least $1,000,000.00 per occurrence, for public liability and bodily injury, and $500,000.00 per occurrence for property damage. Insurance policies shall contain provisions requiring the insurance company to provide the city with at least ten days' written notice prior to expiration, and cancellation for any change in policy limits. The insurance policy or policies shall be issued by an insurance company satisfactory with an A.M. Best Rating of at least A.VII, and shall be California-admitted. Construction bins placed pursuant to an encroachment permit shall be removed by the permit holder upon expiration of insurance coverage, or the expiration of the encroachment permit, whichever occurs first.

(b) Each permittee shall provide the city with evidence of workers' compensation insurance.

(Ord. No. 96-156, § 1, 1-22-96)

An applicant for an encroachment permit shall provide the city with a refundable performance bond, letter of credit, cash bond or other form of refundable security acceptable to the city, in the sum of $5,000.00 to guarantee the cost of possible damages to city property; and to insure compliance with the duties, obligations imposed by the provisions of this chapter, the regulations adopted by the city engineer and the terms and conditions of the encroachment permit.

(Ord. No. 96-156, § 1, 1-22-96)

Each applicant for an encroachment permit shall agree to protect, defend, indemnify and hold harmless the city, its officers, employees, and agents, with respect to any loss, liability, injury or damage that arises out of, or is any way related to, the placement, including the maintenance of, a construction bin in a public right-of-way.

(Ord. No. 96-156, § 1, 1-22-96)

Applications for an encroachment permit submitted by a solid waste enterprise shall be submitted to the city engineer accompanied by a nonrefundable fee in an amount to be determined by the city council, by resolution. Upon receiving an application for an encroachment permit or a construction bin permit, the city engineer or the city engineer's designee shall issue the encroachment permit if:

(1) The applicant is a solid waste enterprise which has received a commercial solid waste franchise or license issued by the city council by written resolution, signed by the mayor, approved as to form by the city attorney, naming the solid waste enterprise, in accordance with Section 6.10.310(b) of the Mission Viejo Municipal Code;

(2) Applicant has complied with all relevant provisions of this chapter and Chapter 6.10 and agrees to comply with all regulations promulgated by the city engineer, including reporting requirements for the disposal of solid waste;

(3) Applicant has provided the city engineer with evidence of insurance that satisfies the city's risk manager's requirements and this chapter; and

(4) Applicant has posted all required bonds and indemnification agreements.

(Ord. No. 96-156, § 1, 1-22-96)

An encroachment permit shall be issued for a maximum of 30 calendar days and shall expire at the end of that period. The city engineer shall approve the renewal of the encroachment permit for a period of 30 calendar days if the permittee submits a written request for a renewal, accompanied by a non-refundable fee in an amount to be determined by the city council, by resolution, and the city engineer determines that during the previous term of the encroachment permit the permittee has complied with all provisions of this chapter and regulations adopted by the city engineer.

(Ord. No. 96-156, § 1, 1-22-96)

(a) The city engineer may revoke an encroachment permit issued pursuant to this chapter for any of the following reasons:

(1) Permittee has ceased to comply with the requirements for issuance of an encroachment permit.

(2) Permittee has failed to comply with the provisions of this chapter.

(3) Permittee has violated the rules and/or regulations adopted by the city engineer pursuant to the authority granted by this chapter.

(4) Permittee has failed to comply with the terms and conditions imposed upon, or made a part of, the encroachment permit.

(b) The city engineer, prior to revoking any encroachment permit, shall serve permittee with a notice of intent to revoke the encroachment permit, which shall state the reasons for the proposed revocation, the right of the permittee to request a hearing before the city engineer, the deadline for the submission of evidence (which may be in advance of any hearing) and the effective date of the revocation if no hearing is requested.

(c) If a hearing is requested, the city engineer may preside over the hearing, or appoint a hearing officer to conduct proceedings, receive relevant evidence and submit proposed findings and recommendations. The city engineer shall render a decision within 45 days from the date of the hearing, or the notice of Intent to Revoke if no hearing was requested. The decision of the city engineer may be appealed to the city manager, who shall follow the same hearing procedure applicable to the city engineer.

(Ord. No. 96-156, § 1, 1-22-96)

No encroachment permit issued pursuant to the provisions of this chapter shall be transferable by assignment, sale, hypothecation, operation of law or otherwise without the express written permission of the city engineer.

(Ord. No. 96-156, § 1, 1-22-96)

To protect public health, safety and well-being, no person shall place a commercial bin or a construction bin for in any public street, alley, sidewalk, parking lot or other public right-of-way without displaying reflectors as prescribed by the city engineer, conspicuous notices warning that the disposal of hazardous substances in construction bins is prohibited, and a copy of a city-issued encroachment permit in a conspicuous location on the bin. Each day any person places or permits or suffers a commercial bin or construction bin placed by that person to remain in any public street, alley, sidewalk, parking lot or other public right of way without a city-issued encroachment permit, or without displaying reflectors as prescribed by the city engineer, conspicuous notices warning that the disposal of hazardous substances in construction bins is prohibited, and a copy of the encroachment permit on the bin shall constitute a separate offense.

(Ord. No. 96-156, § 1, 1-22-96)

The encroachment permits required by this chapter are not, and shall not be construed as, a permit for the provision of solid waste handling services, which may be issued only by the city council, by resolution. Applicants for encroachment permits for the placement of construction and demolition bins in a public street, alley, sidewalk or parking lot or other public right-of-way must also obtain solid waste permits from the city council pursuant to Chapter 6.10.

(Ord. No. 96-156, § 1, 1-22-96)

The fees and permits required by this chapter shall be in addition to any license, permit or fee required by any other chapter of this Code.

(Ord. No. 96-156, § 1, 1-22-96)