Ordinance 23-15ORDINANCE NO. 23-151
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING SECTION 12,08,350 OF THE EASTVALE
MUNICIPAL CODE
WHEREAS, section 12.jo f EastvaIe Municipal Code contains guidelines for excavations in the
public right-of-way.
WHEREAS,, City desires to make changes to the enforcement of excavations'in the public right-
of-way to better protect City"s public right-of-way.
NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 12.O8.350(1)(b) of the Eastvale Municipal Code is amended as follows (with
crossed out words indicating deletions and underlined words indicating additions):
"Sec. 12.08.350 — Enforcement
Violation of the terms, conditions and requirements of this chapter and any permit issued
pursuant to this chapter by the permit holder shall subject the permit- holder to the following
actions and penalties:
(1) Administrative penalties. The director may issue an order imposing an administrative penalty
to any person violating any provision of this chapter.
a. Notwithstanding any contrary provision of this chapter, each day a violation of the
following chapter provisions occurs shall constitute a separate violation, and shall be
subject to a separate penalty:
1. Section 12.08.030.
2. Section 12.08.130.
3. Section 12.08.270.
b. If a person commences any work in a street, alley, or easement for which a permit is
required by this chapter before obtaining all required permits,, he or she shall pay,, in
addition to the permit fees required to be paid, a penalty in an amount equal to the permit
fee for the work which was unlawfully commenced, not to exceed $1000. Such penalty
shall be in addition to any other penalty or restitution otherwise provided by this code or
under the law. Violations of a specific section of this chapter by the same person occurring
during the same work but located in different blocks or located in the same block but
occurring on different days or at different times on the same day shall constitute separate
violations for which separate administrative penalty, orders maybe issued.
c. In addition to the aforementioned penalties, the city may withhold issuance of permits
for encroachment or excavation in a city street to any person receiving a final
administrative penalty order for a violation of any specific provision of this chapter three
times within a two-year period; the city may withhold issuance of permits for a period of
not longer than two years after said administrative penalty orders are final. Multiple
administrative penalty orders issued for continuing violations occurring on the same
calendar day shall be considered one administrative penalty order for purposes of this
section.
(2) Imposition of the administrative penalties. The administrative penalty order shall be imposed
in accordance with the provisions of chapter 8.17.
(3) All other remedies available to the city including, but not limited to, criminal and civil
proceedings.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same
to be published in accordance with law.
SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.
PASSED, APPROVED AND ORDAINED this 8th day of February, 2023.
APPROVED AS TO FORM:
(� J
Erica Vega
City Attorney
�7
Todd Rigby
Mayor
ATTEST:
W%
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing Ordinance No. 23-15, was introduced at a regular meeting of the City Council of the
City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the
City of Eastvale at a regular meeting held on the 8th day of February, 2023, by the following vote:
AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT:
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director