Port Hueneme Municipal Code Div. 2.5 Street Cut Fees

(a) Based on a study prepared for the City of Oxnard, California, a municipality adjacent to the City of Port Hueneme, with similar physical characteristics to the City of Port Hueneme, and a letter summarizing and analyzing such study prepared and submitted to the City by Pavement Engineering, Inc., a copy of which is on file with the City Clerk, the City Council finds that utility cuts have a significant, cumulative impact on pavement life that is inherent in the process of cutting the pavement and excavating the pavement structure and underlying soils and that is not completely eliminated by the trench backfill and pavement restoration.

(b) This Division is for the purpose of obtaining funds to maintain and repair streets damaged by utility cuts.

(Ord. 628 § 1 (part), 1999)

(a) Excavation shall be avoided in paved rights-of-way. If excavation cannot be avoided, an encroachment permit applicant shall pay the street cut fee which shall be set by resolution of the City Council. The street cut fee is in addition to any backfill, compaction, pavement replacement or other requirements imposed as a condition of the encroachment permit.

(b) Excavations in paved rights-of-way scheduled in the City's capital improvement program for complete rehabilitation within one (1) year of the date of the encroachment permit is issued shall be exempt from the street cut fee. Excavations in paved rights-of-way attributable to redevelopment projects of the City and repair or reconstruction of curbs, gutters, sidewalk and driveway approaches shall be exempt from the street cut fee.

(c) As provided in Section 6027.3, the street cut fee shall be waived for those public utilities granted franchises by State statute or by a franchise agreement with the City, obligating the franchisee to make all repairs to City streets necessitated by the operations of the franchisee.

(d) As provided in Section 6027.4, the street cut fee may be waived by the Director of Public Works for those City utilities that request such waiver and that present evidence satisfactory to the Director of Public Works of the capacity to perform the conditions of the waiver set out in Section 6027.4.

(Ord. 628 § 1 (part), 1999)

(a) No later than January 1, 2000, and every five (5) years thereafter, each franchised public utility for which the street cut fee is waived pursuant to subsection (c) of Section 6027.2, shall inspect, as directed by the Director of Public Works, the pavement in the City's streets where the utility has made an excavation or street cut at any time, until such portion of the street is completely resurfaced or reconstructed.

(b) As directed by the Director of Public Works, the utility shall identify all defects in the pavement over and around such excavations and street cuts that arise from such excavations and street cuts and make repairs and perform maintenance in accordance with City specifications.

(c) The utility shall have such repairs and maintenance inspected and report thereon to the Director of Public Works. The inspections and reports may be made by the utility, by City staff or by an inspector approved by the Director of Public Works, as directed by the Director of Public Works. If the inspections and reports are made by City staff, the City shall bill the utility for the cost thereof. If the inspections are made by an inspector approved by the Director of Public Works, the utility shall pay such person for such work.

(d) In addition, the Director of Public Works may, from time to time, inspect such excavations and street cuts and notify the utility of any defects in the pavement that arise from such excavations and street cuts, whereupon the utility shall make repairs and perform maintenance as directed by the Director of Public Works.

(e) The utility need not perform such inspection, repair and maintenance on streets that will be repaved within one (1) year. Before performing such inspection, repair or maintenance, the utility may request from the Director of Public Works the locations and names of such streets.

(f) If the utility fails to perform any of the utility's duties set out in this section, the Director of Public Works shall give the utility written notice thereof, specifying the failure. If the utility does not cure the failure within twenty (20) calendar days of receiving the notice, or such additional time as the Director of Public Works may grant, the Director of Public Works may refuse to issue any additional encroachment permits to the utility until the duty is performed.

(g) If, as part of or in the course of doing pavement work in the City streets, City employees or contractors identify a defect in the pavement over or around an excavation or street cut that was previously made by a franchised public utility and that arises from such excavation or street cut, such employee or contractors may repair such defect, and the City may bill the cost of making such repair to such utility.

(h) If the utility fails to timely pay any bill from the City authorized by this section, the Director of Public Works may refuse to issue any additional encroachment permits to the utility until the bill is paid.

(Ord. 628 § 1 (part), 1999)

(a) Each City utility shall state on its application for an encroachment permit whether the utility will pay the street cut fee or request a waiver thereof. A City utility that requests a waiver of the street cut fee shall also present evidence satisfactory to the Director of Public Works that the utility has the capacity to perform the conditions of waiver set out in this section.

(b) If the Director of Public Works waives the street cut fee for a City utility, the utility shall, within ninety (90) days of the issuance of the encroachment permit for which the street cut fee was waived, and every five (5) years thereafter, inspect, as directed by the Director of Public Works, the pavement in the City's streets where the utility has made an excavation or street cut at any time, until such portion of the street is completely resurfaced or reconstructed.

(c) As directed by the Director of Public Works, the utility shall identify all defects in the pavement over and around such excavations and street cuts that arise from such excavations and street cuts and make repairs and perform maintenance in accordance with City specifications.

(d) The utility shall have such repairs and maintenance inspected and report thereon to the Director of Public Works. The inspections and reports may by made by the utility, by other City staff or by an inspector approved by the Director of Public Works, as directed by the Director of Public Works. If the inspections and reports are made by an inspector approved by the Director of Public Works, the utility shall pay such person for such work.

(e) In addition, the Director of Public Works may, from time to time, inspect such excavations and street cuts and notify the utility of any defects in the pavement that arise from such excavations and street cuts, whereupon the utility shall make repairs and perform maintenance as directed by the Director of Public Works.

(f) The utility need not perform such inspection, repair and maintenance on streets that will be repaved within one (1) year. Before performing such inspection, repair or maintenance, the utility may request from the Director of Public Works the locations and names of such streets.

(g) If the utility fails to perform any of the utility's duties set out in this section, the Director of Public Works shall give the utility written notice thereof, specifying the failure. If the utility does not cure the failure within twenty (20) calendar days of receiving the notice, or such additional time as the Director of Public Works may grant, the Director of Public Works may refuse to issue any additional encroachment permits to the utility until the duty is performed or may issue any additional encroachment permits only on condition that the utility pay the street cut fee.

(h) If, as part of or in the course of doing pavement work in the City streets, City employees or contractors not working for the utility identify a defect in the pavement over or around an excavation or street cut that was previously made by a utility and that arises from such excavation or street cut, such employee or contractors may repair such defect.

(i) If the utility is required to pay the street cut fee, or if City employees or contractors not working for the utility make inspections and reports or perform repairs necessitated by the utility's excavations or street cuts, the City Council may determine a method for the utility to reimburse the City program doing such work or paying such contractor.

(Ord. 628 § 1 (part), 1999)