San Clemente Municipal Code Art. I General Provisions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

"Highway" means any public highway, public street, public way or public place in the City, either owned by the City or dedicated to the public for purpose of travel.

"Public agency" means the United States or any department or agency thereof, the state or any department or agency thereof or any county, municipal corporation or public district.

(Prior code § 31-14)

No person shall dig up, plow up, remove or break the earth, soil, stone, pavement or other surface of, or otherwise injure any highway, or make or cause to be made any excavation, or construct, place upon, maintain or leave any material or any obstruction or impediment to travel in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipes, conduit, duct, tunnel or any other installation of any nature across, upon, in or under any highway, unless he or she has first obtained a permit to do so pursuant to this chapter.

(Prior code § 31-15)

A. .....Application for permits under this chapter shall be filed not less than forty-eight (48) hours before the work is proposed to be done.

B. .....Applications for such permits shall be filed with the Building Inspector upon printed forms to be prescribed by the Street Superintendent.

C. .....The application shall be signed by the applicant and shall state the following:

1. The name and address of the applicant;

2. The location, purpose, extent and nature of the proposed excavations, fill or obstruction;

3. The time during which it is estimated that the excavation, fill or obstruction will exist;

4. That the applicant agrees to indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any penalties, liabilities or annoyances or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application;

5. The applicant shall furnish evidence that he or she possesses adequate liability and property damage insurance by furnishing a copy of the policy or other written evidence from the insurance company to show that such policy is in existence.

(Prior code § 31-16)

Fees for permit and inspection costs as established by resolution of the City Council shall be collected for each permit issued pursuant to the provisions of this chapter.

(Prior code § 31-17)

A permit issued pursuant to this chapter shall be subject to the following conditions which shall be stated thereon:

A. The permit shall be kept at the site of the work and shall be shown, on demand, to any authorized representative of the City, or any law enforcement officer.

B. The permit shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction.

C. All work shall be performed in accordance with the provisions of this chapter and of all applicable laws, rules and regulations of the City and any other public agency and to the satisfaction of the Street Superintendent.

D. The permit shall be nontransferable.

E. The Street Superintendent may cancel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the Street Superintendent, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. In the event of cancellation prior to completion of the work authorized by such permit, the Street Superintendent may complete such work and the cost thereof shall be charged to the permittee.

F. The Street Superintendent may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he or she may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the highway.

G. The permittee, at the time of obtaining a permit, shall file with the Superintendent of Streets or the Building Inspector a surety bond issued by a responsible surety company, in an amount covering the estimated costs of the doing of the work authorized by the permit, as shall be determined by the Superintendent of Streets or City Engineer. The condition of such bond shall be that if applicant commences the work authorized by the permit within sixty (60) days, and, thereafter, in the opinion of the Superintendent of Streets, the work is diligently prosecuted to completion, the bond shall be null and void; otherwise, such bond shall remain in full force and effect to cover any costs incurred by the City, through its Superintendent of Streets in the cancelling of such permit, and the doing of such work by the Street Department, as provided in this section.

(Prior code § 31-18)

Nothing in this chapter shall prohibit any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed, if the person making such excavation obtains a permit therefor within one (1) day after the offices of the Street Superintendent are first opened subsequent to the making of such excavation.

(Prior code § 31-19)

No person shall construct or maintain any dam or obstruction in or across any public wastewater or stormwater ditch, channel or gutter in the City, or construct or maintain over and across any such ditch, channel or gutter any bridge, crossing or covering without permission first obtained from the Street Superintendent.

(Prior code § 31-20)

Editor's note— Ord. No. 1667, § 1, adopted Jan. 15, 2019, repealed § 12.16.080, which pertained to control of irrigation and stormwater and derived from Prior Code § 31-21.

A. .....All roadside drainage ditches or gutters shall be restored to a true grade and the intake and outlet ends of all culverts shall be left free from all excess material and debris.

B. .....All approaches to private driveways and intersecting roads and streets shall be kept open to traffic at all times.

C. .....Clay and earth which adheres to the paved surface of the roadway shall be removed by hand scraping, washing and sweeping, or by any other method which will leave a clean nonskid surface without impairing, injuring or loosening the surface.

D. .....All muck or mud resulting from water or any leaky condition shall be removed and the excavation backfilled with compactible material which is most effective.

E. .....A minimum of two (2) inches of cold patch asphalt shall be installed over all excavations in a public street or alley immediately after placement of backfill material.

(Prior code § 31-22)

A. .....Every person making an excavation on any street or causing the same to be made or constructed, or leaving, placing or maintaining an obstruction in any street or causing the same to be constructed, left, placed or maintained, shall place and maintain continuously burning torches or red lights from sunset of each day to sunrise of the next day until such excavation is entirely refilled or such obstruction is removed, or as long as poor visibility renders it dangerous to remove or extinguish such warning devices.

B. .....Along the side of such excavation or obstruction at an angle to the street line, at distances not more than five (5) feet apart, there shall be placed and maintained not less than three (3) such torches or red lights on such side, and where such excavation is within a street intersection torches or red lights shall be placed and maintained on each side thereof at distances not more than three (3) feet apart, but there shall be placed and maintained not less than three (3) such torches or red lights on each side and along the side of such excavation or obstruction, parallel to the street line, at distances of not more than twenty-five (25) feet apart.

C. .....Every such person shall place and maintain barriers at each side of such excavation or obstruction at an angle to the street line and at such other places as directed by the Street Superintendent at all times until such excavation is entirely refilled or such obstruction is removed. Such barrier shall be not less than two and one-half (2 ½) feet high and shall display on the front thereof in letters not less than four (4) inches high, the words: "EXCAVATION," "OBSTRUCTION," "STREET CLOSED," "DETOUR" or "DANGEROUS BUT PASSABLE," or any other words appropriate to the particular purpose for which the barrier, a plan of which has been approved by the Street Superintendent, may be used; provided, that every such person shall use the type of barrier as may be specified by the Street Superintendent.

(Prior code § 31-23)

A. Required. .....Each person having a permit from the Street Superintendent, as provided for in this chapter, to cut, remove or excavate in, upon or along any pavement or improved street, alley, sidewalk, curb or other public place on this City, or to cut, remove or excavate in, upon or along any unimproved dirt or oiled street, lane or alley or other unimproved public place in the City shall, upon and at the time of making application to the Street Superintendent for such permit pay in lawful money of the United States to this City a sum for each square foot or fraction thereof of all such paving, street, curb, alley or other improved public place or for each square foot of any unimproved dirt or oiled street, lane, alley or other unimproved public place proposed to be cut or removed as contained in the statement thereof set forth in such application, for the purpose of repairing the damage to such paving, curb, sidewalk or other public places.

B. Calculation of Payment. .....Such sum of money shall be calculated according to the following schedule.

1. For paved or improved streets, sidewalks, curbs, alleys or other improved public places in the City, such sums shall be as follows:

a. Thirty-six (36) square feet or less, seventy-five dollars ($75.00);

b. More than thirty-six (36) square feet, two dollars and fifty cents ($2.50) per square foot.

2. The above schedule shall apply to all persons who make application to obstruct, cut, remove or excavate in, upon, across or along any improved or paved street, alley, sidewalk, curb or other public place within this City or any unimproved dirt or oiled, street, lane, alley or other public place within the City.

(Prior code § 31-24)