Santa Ana Municipal Code § 33-61 Appeal to council

Editor's note— Ord. No. NS-2480, § 2, adopted October 15, 2001, repealed § 33-58 in its entirety. Formerly, § 33-58 pertained to bond or insurance and derived from Code 1952, § 7300.

Excavations in paved streets owned and maintained by the city degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair. It is appropriate that entities responsible for excavating into the city's right-of-way bear this burden rather than the taxpayers of the city. In addition, establishment of a trench cut fee will create an incentive for coordination of efforts in excavating the streets to lay utilities.

(Ord. No. NS-2480, § 3, 10-15-01)

Editor's note— Ord. No. NS-2480, §§ 2, 3, adopted October 15, 2001, repealed and reenacted § 33-59 to read as herein set out. Formerly, § 33-59 pertained to permits and derived from Code 1952, § 7301.

No person shall excavate in the public right-of-way without, in addition to all other requirements of this Code, having first paid to the city a "trench cut fee." The amount of this trench cut fee shall be set from time to time by resolution, and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation.

(Ord. No. NS-2480, § 3, 10-15-01)

Any person subject to the trench cut fee may request that the director waive the requirement of payment of the trench cut fee due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed excavation.

(Ord. No. NS-2480, § 3, 10-15-01)

(a) Excavations in streets scheduled for pavement structural improvements in the city's capital improvement construction schedule within one (1) year of the date of excavation shall be exempt from the trench cut fee. The public works agency shall endeavor to notify public utilities of streets so scheduled.

(b) No trench cut fee shall be charged for underground utility district projects, utility line relocations necessitated by city street work projects or by street vacations or abandonments.

(c) No trench cut fee shall be charged with respect to excavation in a sidewalk or a concrete street.

(Ord. No. NS-2480, § 3, 10-15-01)

Any utility owning, operating or installing in city streets, alleys, sidewalks, or any other public places facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the director a utility master plan, in a format specified by the director, that shows the location of the utility's existing facilities in city streets, alleys, sidewalks, and other public places, and shows all of the utility's planned major utility work in city streets, alleys, sidewalks and other public places for the next five (5) years. Utilities shall submit an initial utility master plan no later than one hundred eighty (180) days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of July, a revised and updated utility master plan. As used in this subsection, the term "planned major utility works" refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that will affect any city street, alley, sidewalk, or other public place for more than fifteen (15) days, provided that the utility shall not be required to show future excavations planned to occur more than five (5) years after the date that the utility master plan or update is submitted. Any and all utility master plans submitted pursuant to this section shall be confidential to the fullest extent provided by law and used solely for purposes of coordination.

(Ord. No. NS-2480, § 3, 10-15-01)

(a) Prior to applying for an excavation permit in the city's streets, alleys, sidewalks or other public places the city shall review on behalf of the applicant the utility master plans and the city's five (5) year repaving plan on file with the director. The applicant shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such streets, alleys, sidewalks or other public places. Such coordination shall include:

(1) Whenever two (2) or more parties (i.e., the city or any utility) have proposed a major excavation in the same block during a five (5) year period, they shall meet and confer with the city regarding whether it is feasible to conduct a joint operation. If the director determines that it is feasible to conduct a joint operation, a single contractor shall be selected and a single application fee charged.

(2) Any utility aggrieved by the director's decision to require a joint operation may, within thirty (30) days of the director's written notice, file an appeal pursuant to Chapter 3 of this Code. In determining such appeal, the hearing officer or council shall consider the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official city policy, and the public health, safety, welfare, and convenience.

(b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits.

(Ord. No. NS-2480, § 3, 10-15-01)

Cross reference— For permit fee see § 33-31(e).

All persons digging the surface of any street of the city shall by proper means repair the street so as to comply with article II of this chapter.

(Code 1952, § 7302)

Should any person be aggrieved by any act of the director of public works under this article after notice given to the director of public works, such person may appeal to the council. Such appeal shall be conducted pursuant to the provisions of Chapter 3 of this Code.

(Code 1952, § 7303; Ord. No. NS-1235, § 13, 12-9-74)

No person shall construct or excavate any basement, elevator, elevator shaft, tunnel or other excavation, under any public street in the city beyond a point one-half the distance from the property line abutting such street to the curb of such street.

The provisions of this section do not apply to temporary excavations in or under the public streets permitted by other provisions of this Code, nor do they apply to public utilities excavating in or under the city streets, under the valid exercise of a city franchise.

(Code 1952, § 7306)