Ordinance 13-05[ ORDINANCE NO. 2013-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING CHAPTER 12.08 IN ITS ENTIRETY TO THE
EASTVALE MUNICIPAL CODE REGULATING EXCAVATIONS IN THE PUBLIC
RIGHT OF WAY
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.08 of the Eastvale Municipal Code regulating Excavations is amended in its
entirety to read as follows :
"Chapter 12.08-EXCAVATIONS IN THE PUBLIC RIGHT OF WAY
Sections:
12.08 .020-Purpose of Ordinance
12.08.030-Permits required to excavate
12.08.040-Definitions
12.08.050-Application
12.08.060 -Issuance
12.08.070-Permit to be available at excavation site
12.08.080-Compliance with Safety Regulations
12.08.090-Excavations not in accordance with permit declared invalid
12.08.100-Restoration of pavement, traffic loops and pavement markers
12.08.110-Opening, backfilling, and pavement trenches
12.08.120-Cleaning up Streets
12.08.130-Repair and Maintenance obligation of permittee
12.08.140-Subsurface of pavement failure
12.08.150 -Repair by the Department
12.08.160-Emergency remediation by the Department
12.08.170-Emergency Excavation
12.08.180-Blanket Permits
12.08.190 -Liability of City
12.08.200-Notice for markings of subsurface facilities
12.08.210-Abandonment of underground facilities, reports and maps
12.08.220 -Identification of visible facilities
12.08.230-City's obligation
12.08 .240-Additional Requirements
12.08.250-Coordination of Excavation
12.08.260-Moratorium Streets
12.08.270-Tree Removal
12.08.280-Deposit
12.08.290-Notices
12.08.300-RESERVED
12.08.350-Enforcement
12 .08 .020 PURPOSE OF ORDINANCE
The purpose of this ordinance is the regulation of the use of the public right-of-way in the interest of public
safety and convenience, and the operation of protection of public works infrastructure.
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12.08.030 PERMITS REQUIRED TO EXCAVATE
It shall be unlawful for any person to make or cause to be made any excavation in, along or under the
surface of any street or other public place in the City or dig in, plow up, tear up, fill, cover, disturb or
change any portion of the same or permit to be constructed, put upon, maintained or left therein any
obstruction or impediment to travel, pile or place thereon any material or for any other purpose without
first obtaining from the Director an excavation permit in compliance with the requirements of this Chapter.
Any excavation for which no permit is obtained and which does not fully comply with the requirements of
this Chapter shall constitute a nuisance and shall be subject to such enforcement actions and penalties
as are set forth in the Eastvale Municipal Code.
This provision shall not apply to any of the officers, employees or contractors of the City under the
direction of the City departments or his or her authorized representative.
12 .08.040 DEFINITIONS
For purpose of this Chapter, the following terms shall have the following meanings:
(a) "Applicant" shall be the person applying for an excavation permit, as well as a person owning the
facility or installation for which the excavation will be made.
(b) "City" shall mean the City of Eastvale.
(c) "Department" shall mean the Public Works Department.
(d) "Deposit'' shall mean any bond, cash deposit, or other security provided by the applicant in
accordance with Section 12.08.280 of this Chapter.
(e) "Director'' shall mean the Director of Public Works Department or his or her designee.
(f) "Excavation" shall mean any work in the surface or subsurface of the public right-of-way,
including, servicing, repairing or modifying any facility(ies) in or under the surface or subsurface
of the public right-of-way, and restoring the surface and subsurface of the public right-of-way.
(g) "Facility" or "Facilities" shall include, but not be limited to, any and all cables, cabinets, ducts,
conduits , converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes,
surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible
things owned, leased, operated, or licensed by an owner or person, that are located or are
proposed to be located in the public right-of-way.
(h) "Major Work" shall mean any reasonably foreseeable excavation that will affect the public right-of-
way for more than fifteen ( 15) consecutive calendar days.
(i) "Moratorium Street'' shall mean any street that has been reconstructed, or resurfaced by the
Department or any other owner or person in the preceding five (5) year period .
0) "Owner'' shall mean any person, including the City, who owns any facility or facilities or facilities
that are or are proposed to be installed or maintained in the public right-of-way.
(k) "Permit" or "Permit to Excavate" shall mean a permit to perform an excavation as it has been
approved, amended, or renewed by the Department.
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(I) "Permittee" shall mean the applicant to whom a permit to excavate has been granted by the
Department in accordance with this Chapter.
(m) "Person" shall mean any individual, agency or other public or private entity, firm, business,
franchisee, contractor, corporation, partnership or other combination of individuals of whatever
form or character, excepting the City or a contractor performing work for the City.
(n) "Public right-of-way" shall mean the area across, along, beneath, in, on, over, under, upon, and
within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets,
and ways within the City, as they now exist or hereafter will exist and which are or will be under
the permitting jurisdiction of the Public Works Department.
(o) "Utility company" shall mean a public or private entity, excluding the City of Eastvale, which
provides utility services including, but not limited to, electricity, gas, sewer, water and
communications.
12.08.050 APPLICATION
Before issuing an excavation permit, the Director shall require a written application on a form furnished by
the Director, setting forth:
(a) The name and residence or business address of the applicant;
(b) The location and approximate area of the excavation, including its approximate length and width,
and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel
lanes;
(c) The purpose of the excavation ;
(d) The proposed start date of excavation and the length of time which will be required to complete
such work, backfill the excavation and remove all obstructions, material and debris.;
(e) A current business registration issued by the City;
(f) Evidence of insurance as required by Section12.08.250;
(g) A traffic control plan to be approved by the Director;
(h) The applicant shall attach to the application form a scaled plan per Director's requirements
showing the location of the proposed excavation, the method of excavation, the facilities to be
installed, to be maintained or repaired in connection with excavation, the dimensions thereof, and
any other details the Director may require. The Director may establish different requirements for
blanket permits issued under Section 12.08 .180 of this Chapter;
(i) At the time an application for an excavation permit is submitted, the applicant shall pay a
nonrefundable fee in an amount established by resolution of the City Council to defray the City's
costs to administer the provisions of this Chapter, including inspections;
(j) Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the
location, depth and other physical characteristics of any facilities for which an excavation permit is
issued shall be subject to approval of the Director, and all backfilling, compaction and pavement
restoration performed for any excavation shall comply with the requirements of the Director;
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(k) The applicant shall show to the satisfaction of the Director a right to use and occupy, for the
purpose mentioned in the application, the street or other public place wherein the excavation is
proposed to be made. The Director may modify the time specified for the completion of the work,
the backfilling of the excavation and the removal of all obstructions, materials and debris and
make such changes in the application as to the nature, location, size and depth of such
excavation as the Director may deem necessary for the protection of the street, or other public
place wherein such excavation is to be made, or are in the Director's judgment necessary for the
proposed purpose thereof, and may make such changes as to the location, size and character of
obstructions to be placed in any street or other public place as in the Director's judgment are
necessary to prevent undue interference with traffic or danger to the safety of persons using the
same.
12.08.060 ISSUANCE
(a) Upon receiving a written application for an excavation permit and plan , the Director shall set forth
all requirements, approve or disapprove the application, sign and return it to the applicant.
Excepting only excavation made pursuant to Section 12.08.170 ("Emergency Excavations"), and
Section 12.08.180 ("Blanket permits"), at least one (1) working day prior to the start of work, the
applicant shall telephone the engineering section of public works and request a permit number,
informing City the date the work will commence. Upon approval, a permit number shall then be
assigned to the job and a permit shall be sent to the applicant.
(b) No permit shall be transferable. A permit shall be automatically cancelled unless the excavation
to be made pursuant thereto is commenced within thirty (30) working days from the date of its
issuance unless a request for extension is made and approved by the Director.
(c) Each permit shall state a time period for completion of all the work to be done thereunder. After
said date, the permit shall be void unless the Director has granted an extension of time for good
cause.
(d) No person in violation of any requirement of this Chapter shall be issued an excavation permit,
nor shall any contractor or agent apply for or be issued an excavation permit on the person's
behalf, until the outstanding violation is corrected or a plan for correction is approved by the
Director. The foregoing requirement is in addition to any penalty or remedy for violation that may
be imposed or sought by the City at law or equity.
12.08.070 PERMIT TO BE AVAILABLE AT EXCAVATION SITE
The permit or a photo duplicate shall be available for review at the site of the excavation for the duration
of the excavation and shall be shown, upon request, to any police officer or any employee of the City with
jurisdictional responsibility over activities in the public right-of-way.
12.08.080 COMPLIANCE WITH SAFETY REGULATIONS
The permittee shall be responsible to comply with all current federal, state and local safety regulations
and requirements and all federal and state disability laws including those requiring an accessible path of
travel.
12.08.090 EXCAVATIONS NOT IN ACCORDANCE WITH PERMIT DECLARED UNLAWFUL
(a) It shall be unlawful for any person to make or cause to be made any excavation or to install or
cause to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility appliance in or
under the surface of any public street, alley, sidewalk or other public place at any location, other
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than that described in the application for the excavation permit and as shown on the plans filed
with the Director, and in accordance with the requirements of the permit. If the circumstances
appearing after the excavation is commenced make it impossible to comply with the permit, the
Director may, but is not required to, grant a waiver to take the circumstances into account.
(b) Failure to comply with requirements set forth in this Chapter or on any permit shall be cause for
revocation of the permit until the violations have been corrected or alternative requirements have
been approved by the Director.
12.08.100 RESTORATION OF PAVEMENT, TRAFFIC LOOPS, AND PAVEMENT MARKINGS
Restoration of the asphalt pavement, traffic loops, pavement markings, legends and stripes of any street,
alley or other public place shall be completed by permittee. Nothing in this Section shall relieve the
person opening or tearing up any pavement from the responsibility to maintain the excavation or
installation in a safe condition until it is repaved or otherwise restored. No permittee shall make any
excavations or construct, put upon, maintain or leave any obstruction or impediment to travel or pile or
place any material in or upon any street, alley or other public place in the City at any location other than
or in any area greater than that shown in the permit issued under this Chapter.
12.08.110 OPENING, BACKFILLING AND PAVING TRENCHES
(a) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more
than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench,
except when the prior written consent of the Director has been obtained.
(b) Each permittee shall cover open excavation with non-skid surface steel plates ramped to the
elevation of the contiguous street, pavement or other public right-of-way or otherwise protected in
accordance with guidelines prescribed by the Department.
(c) All excavations shall comply with the standards and requirements established by the Director for
compaction, backfill and pavement restoration. The standards and requirements may impose
different requirements for different excavations, taking into consideration relevant factors, such as
(i) the location, type and extent of excavation performed, (ii) the condition of the surface being
excavated, (iii) the period of time elapsed since the construction or most recent resurfacing of the
surface being excavated, and (iv) the average daily traffic volume and truck volume. Permanent
pavement restoration shall be completed no later than two (2) weeks after the trench is backfilled;
provided, however, that that the Director may grant an extension depending on the complexity of
the work and testing which is demonstrated to be necessary to get the utility in service.
(d) The old torn up pavements and other rubble shall be removed, together with any surplus
excavated material, within one (1) working day from the time such material is placed upon the
street, provided that exceptions to this requirement may be approved by the Director. After
backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all
loose paving material and trim the edges of the excavation at the street surface to the satisfaction
of the Director.
(e) Whenever any caving in the sidewalls of any excavation, the pavements above such caving shall
be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping.
12.08.120 CLEANING UP STREETS
In every case and at all times the work of removing from the streets all obstructions, surplus materials,
debris, graffiti and waste matter of every description caused by and accumulated from the excavation
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shall be the responsibility of the permittee and shall be performed in a manner deemed satisfactory to the
Director. Excavation sites shall be cleaned at the completion of each workday . In addition, the permittee
shall remove all excavated material from the site of the excavation no later than the end of each workday.
12.08.130 REPAIR AND MAINTENANCE OBLIGATION OF PERMIITEE
Each permittee that excavates or causes to be made an excavation in the public right-of-way shall be
responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition
acceptable to the Director until such time as the public right-of-way is reconstructed, repaved, or
resurfaced by the Department.
12.08.140 SUBSURFACE OR PAVEMENT FAILURES.
In the event that subsurface material or pavement over or immediately adjacent to any excavation should
become depressed, broken, or fail in any way at any time after the excavation has been completed, the
Director shall exercise his or her best judgment to determine the person(s) responsible, if any, for the
failure in the subsurface or surface of the public right-of-way and shall designate such person as the
responsible party. The Director shall notify said person(s) of the condition, its location, and the required
remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to
the satisfaction of the Director within five (5) working days of the notification. The Director may extend the
time for the responsible party to repair or restore the affected public right-of-way.
12.08.150 REPAIR BY DEPARTMENT
(a) In the event that any person(s) fails, neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth in Section 12.08.130, the Director may repair or
restore, or cause to be repaired or restored, such condition in such manner as the Director deems
expedient and appropriate. The person(s) identified by the Director as the responsible party shall
reimburse the City, or have the Deposit deducted pursuant to Section 12.08.280 by the City for
any costs associated with the administration, construction, consultants, equipment, notification,
remediation, repair, restoration, or any other actual costs incurred by the City that were made
necessary by reason of the repair or restoration undertaken by the Department. The Director shall
revoke the applicant's permit and may only reissue the permit or any future permits after all repair
work done by the City has been reimbursed . The Director's determination as to the cost of the
repair or restoration performed shall be final.
(b) Any repair or restoration by the Department in accordance with this section shall not relieve the
person(s) from liability for future pavement failures at the site of the repair or restoration.
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12.08.160 EMERGENCY REMEDIATION BY THE DEPARTMENT
(a) If, in the judgment of the Director, the site of an excavation is considered hazardous or if it
constitutes a public nuisance, public emergency, or other imminent threat to the public health,
safety, or welfare that requires immediate action, the Director may order the condition remedied
by a written, electronic, or facsimile communication to the person(s) responsible, if any, for
remedying the condition and shall designate such person as the responsible party.
(b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to
remedy the condition as specified in said communication, the Director may remedy the condition
or cause the condition to be remedied in such manner as the Director deems expedient and
appropriate. The person(s) identified by the Director as the responsible party shall reimburse the
City for any reasonable costs associated with the administration, construction, consultants,
equipment, inspection, notification, remediation, repair, restoration, or any other actual costs
incurred by the Department that were made necessary by reason of the emergency remediation
undertaken by the Department. The Director shall revoke the applicanfs permit and may only
reissue the permit or future permits after all repair work done by the City has been reimbursed.
The Director's determination as the cost of any remediation performed shall be final.
(c) Any remediation by the Department in accordance with this section shall not relieve the person(s)
from liability for future pavement failures at the site of the remediation.
12.08.170 EMERGENCY EXCAVATIONS
Nothing in this Chapter shall be construed to prevent any person maintaining any pipe, conduit, or duct in
or under any street, alley, sidewalk, or other public place by virtue of any law, ordinance or permit, from
making such excavation as may be necessary for the preservation of life or property when the necessity
arises, provided that the person making the excavation shall notify the Director within one (1) day after
the offices of the City are first opened subsequent to the excavation. Except as specifically provided
otherwise in this Chapter, excavations authorized by this Section shall be subject to all fees and
requirements of this Chapter.
Nothing contained in this Chapter shall be construed to prevent any person from taking any action
necessary for the preservation of life or property or for the restoration of interrupted service provided by a
municipal or utility excavator when such necessity, arises during days or times when the Department is
closed. In the event that any person takes any action to excavate or cause to be excavated the public
right-of-way pursuant to this section, such person shall apply for an emergency permit within twenty-four
hours after the Department's offices first opened. The applicant for an emergency permit shall submit a
written statement the basis of the emergency action and describe the excavation performed and work
remaining to be performed.
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12.08.180 BLANKET PERMITS
The Director may issue blanket permits to any person to make excavations for utility service connections,
for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency
purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations
referred to in this Section, or in accordance with the terms and conditions set forth in any utility franchise
ordinance agreement. Except as specifically provided otherwise in this Chapter, excavations authorized
by this Section shall be subject to all fees and requirements of this Chapter unless otherwise stated in the
utility franchise ordinance agreement.
12 .08.190 LIABILITY OF CITY
Pursuant to the protections of the California Tort Claims Act, neither the City nor any officer, agent,
employee or volunteer thereof shall be held responsible for any damages caused by any excavations or
encroachment in any street, alley, sidewalk or other public place made by any person under the authority
of a permit issued pursuant to the provisions of this article. The permittee shall be solely liable for any
damage or loss occasioned by any act or omission occurring in connection with excavation, and shall fully
indemnify, hold harmless and defend City, its officers, agents, employees or volunteers from and against
any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's
fees), damages, and liabilities of every kind to which the City, its officers, agents, employees or
volunteers may be subjected to for injury of any type, death or property damage arising from or connected
with any such act or omission whether or not caused in part by the passive negligence of the City. City
shall promptly notify permittee, at the address set forth in the permit, of any claim or suit served upon the
City and alleging negligent or wrongful conduct by the permittee in connection with an excavation.
12.08.200 NOTICE FOR MARKING OF SUBSURFACE FACILITIES
In accordance with state law, any person excavating in the public right-of~way shall comply with the
requirements of the underground service alert ("USA") regarding notification of excavation and marking of
subsurface facilities. Such person shall provide USA with the assigned number for the permit to excavate
or other information as may be necessary to properly identify the proposed excavation .
12.08.210 ABANDONMENT OF UNDERGROUND FACILITIES, REPORTS AND MAPS
Whenever any facility is abandoned in the public right-of~way, the person owning, using , controlling or
having an interest therein, shall, within thirty (30) calendar days after such abandonment, file in the office
of the Director a statement in writing, giving in detail the location of the facility or facilities so abandoned.
Each map, set of maps, or plans filed shall show in detail the location of each such facility or facilities
abandoned subsequent to the filing of the last preceding map, set of maps, or plans. The maps or plans
shall be a scaled drawing submitted in digital format on Mylar and on blueprint.
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12.08.220 IDENTIFICATION OF VISIBLE FACILITIES
Each visible facility installed in the public right-of-way shall be clearly identified with the owner of the
facility. The Department shall adopt orders or regulations to specify other appropriate methods for
identification .
12.08.230 CITY'S OBLIGATION
In undertaking enforcement of this Chapter, the City is assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it imposing on its officers, agents, employees and volunteers an
obligation for breach of which it is liable in money damages to any person who claims that such breach
proximately caused injury.
12.08 .240 ADDITIONAL REQUIREMENTS
(a) All utility installations permitted under this Chapter shall, upon demand of the Director, be
relocated or lowered if required by the City to avoid potential conflicts with a proper governmental
use of a street, alley, sidewalk or other public place. All expenses incurred in relocating, lowering
lines, pot-holing or marking of facilities to determine their exact location after the original
installation shall be paid for by the permittee.
(b) Upon completion of underground or surface work permitted under this Chapter and at the
discretion of the Director, permittee shall furnish record drawings of the installation showing a
correct plan view to scale, details and profile showing the locations of all elements of the
installation based on data obtained in the field during construction. The record drawings shall be
submitted in digital format, on Mylar and on blue print.
(c) Private parties and non-public utilities shall comply with the following additional requirements :
(1) Permittee shall take out, pay for and maintain during the period in which the permit is in
effect, a policy of public liability and property damage insurance protecting permittee,
permittee's agents and employees against any liability, injury or death sustained or suffered
by the public or damage to the property of the public by reason of the work carried on under
the permit. The public liability insurance shall be for the limits of at least three hundred
thousand dollars ($300,000.00) for injury to one and five hundred thousand dollars
($500,000.00) for injury to more than one person, and the property damage insurance limit
shall be at least one hundred thousand dollars ($100,000.00). The insurance shall be placed
with a company satisfactory to the risk management division of City, prior to the date that
work under the permit is commenced. The policy or policies of insurance shall name the City,
its officers, agents, employees and volunteers as additional insured and shall contain an
endorsement precluding cancellation or reduction in coverage without giving the Director at
least thirty (30) days written notice prior thereto.
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(2) If required on the face thereof, the permit shall not be effective for any purpose unless and
until the permittee files with the risk management division a corporate surety bond or other
security approved by the risk management division in the amount specified on the face of the
permit, said bond or other security to fully assure the performance by permittee of all
obligations imposed upon permittee under the provisions of the permit and this Chapter.
12 .08.250 COORDINATION OF EXCAVATION
(a) Five-year plans.
(1) On the first day of April and October, or the first regular business day immediately thereafter,
each utility excavator shall prepare and submit to the Department a plan, in a format specified by
the Department, that shows all major work anticipated to be done in the public right-of-way in the
next five (5) years, any utility excavator that does not propose major work in the next five (5)
years shall submit a plan with a statement that no such major work is anticipated and shall
immediately report any major work to the Department as soon as it becomes reasonably
foreseeable.
(2) The Department may disclose information contained in a five-year plan to any utility excavator
only on a need-to-know basis in order to facilitate coordination among excavators and to avoid
unnecessary excavation in City streets. To the maximum extent permissible under federal, state,
and local laws applicable to public records, the City shall not otherwise disclose to the public any
information contained in a five-year plan submitted by a utility excavator that proprietary, trade
secret or is otherwise protected from disclosure; provided, however that the City shall have no
duty to decline to disclose any information that the utility excavator has not identified on its face
as proprietary, trade secret or otherwise protected from disclosure. The Department shall notify a
utility excavator of request for inspection of public records that calls for disclosure of any fiVe-year
plan on which any information has been identified as proprietary, trade secret or protected from
disclosure. The Department shall consult with the City Attorney regarding any such request and
shall inform the affected utility excavator either that the Department will refuse to disclose the
protected information or, if there is no proper basis for such refusal, that the Department intends
to disclose the requested information unless ordered otherwise by a court.
(b) Department resurfacing plans.
(1) The Department shall prepare a five-year resurfacing plan showing all proposed resurfacing and
reconstruction of the public right-of-way. The Department's resurfacing plan shall be revised and
updated at least on an annual basis after receipt of the five-year plans from utility excavators . In
order to facilitate coordination and minimize the cost of excavation , the Department shall make its
resurfacing plan available for public improvements.
(2) Except when waived by the Director, at least one hundred-eighty (180) calendar days prior to
undertaking the resurfacing and reconstruction of any street, the Department shall send a notice
of the proposed repaving and reconstruction to each utility and municipal excavator.
(c) Coordination.
The Department shall review the five-year plans and identify conflicts and opportunities for
coordination of excavations, the Department shall notify affected owners and permittees of such
conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each
applicant shall coordinate, to the extent practicable, with each potentially affected owner and
permittee to minimize disruption in the public right-of-way. Quarterly meetings shall be conducted
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between the Department and the utility companies to coordinate the City's repaving schedule and
street excavations.
12 .08.260 MORATORIUM STREETS
The Department shall not issue any permit to excavate in any moratorium street. Utilities shall determine
alternate methods of making necessary repairs to avoid excavating newly paved streets. Exceptions to
the above are as follows:
A. Emergency which endangers life or property or public health.
B. Interruption of essential utility service.
C . Work that is mandated by City, State, or Federal legislation.
D. Service for buildings where no other reasonable means of providing service exists.
All permits which are issued under A through D above shall be in accordance with the details and
specifications used and established by the Director.
12.08.270 TREE REMOVAL
(a) No person, public district, public agency shall remove or severely trim any tree planted in the right
of way without first obtaining a permit from the Department to do so. Such permit shall be issued without
a fee. if the Director is satisfied that such removal or trimming is in the public interest or is necessary for
the improvement of the right of way or the construction of improvements on adjacent land. The Director
may impose such conditions as he/she deems reasonable or necessary, including requirements for the
work to be done only by a qualified tree surgeon or tree trimmer actually engaged in that business, and
for bond, insurance or other security to protect person and property from injury or damage.
(b) The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead
power of communication lines pursuant to a franchise, where necessary to prevent interference of a tree
with such installation.
(c) A permit for removal of a tree may be conditioned upon its relocation or replacement by one or
more other trees of a kind or type to be specified in the permit.
12.08.280 DEPOSIT
Each applicant shall submit and maintain with the Department a bond, cash deposit, or other security
acceptable to the Department securing the faithful performance of the obligations of the owner and
applicant under any permit(s) to excavate and the compliance with all terms and conditions of this Section
(the "Deposit"). The Deposit shall be in the sum determined by the Director in favor of the City, utility
excavators and other frequent applicants may submit a single Deposit for multiple excavations so long as
a constant balance is maintained on file with the Department. If the Director has deducted from such a
Deposit pursuant to Section 12 .08.150, the utility or other frequent applicant must restore the full amount
of the Deposit prior to the Department's issuance of a subsequent permit.
12.08.290 NOTICES
Any permittee who excavates or causes to be made an excavation in the public right-of-way shall provide
notice as follows:
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(a) Three to fourteen day Excavations.
For excavations that will be completed and restored in a period exceeding seventy-two (72) hours but
within fourteen (14) calendar days of commencement, the permittee shall post and maintain notice at
the site of the excavation. The notice shall include the name, telephone number, and address of the
owner and permittee, a description of the excavation to be performed and the duration of the
excavation. The notice shall be posted along any street where the excavation is to take place at least
seventy-two (72) hours prior to commencement of the excavation.
(b) Notice for Major Work.
(i) At least ten (1 0) calendar days prior to commencement of the excavation, the permittee shall
provide written notice delivered by United States mail to each property owner on the street
affected by the excavation and each affected neighborhood and merchant organization that is
listed in the latest City-wide Assessor's roll for names and addresses of owners shall be used
for the mailed notice. This notice shall include the same information that is required for the
posted notice pursuant to this Subsection (a) and the name, address, and 24-hour telephone
number of a person who will be available to provide information to and receive complaints
from any member of the public concerning the excavation .
(ii) The permittee shall post and maintain notice at the site of the excavation at least ten (10)
calendar days prior to the commencement of the excavation in the same manner and with the
same information as required for posted notice pursuant to Subsection (a). At least ten (10)
calendar days prior to commencement of the excavation, the permittee also shall deliver a
written notice to each dwelling unit on the block(s) affected by the excavation. This written
notice shall include the same information that is required for the written notice pursuant to this
Subsection (i).
(iii) Before commencement of construction, a permittee for major work shall post and maintain
excavation project signs at the site of the excavation that describe the excavation being done
and bear the name, address, and 24-hour telephone number of a contact person for the
owner and permittee. Said excavation project signs shall be in format, quantity, and size
specified by the Department.
(c) Notice for emergency excavation.
For emergency excavation, the permittee, or the applicant if a permit has not been issued, shall post
and maintain notice at the site of the excavation during the construction period. The notice shall
include the name, telephone number, and address of the owner and permittee, a description of the
excavation to be performed, and the duration of the excavation. The notice shall be posted along any
street where the excavation is to take place.
12.08.300 RESERVED
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:
A Administrative Penalties. The Director may issue an order imposing an administrative
penalty to any person violating any provision of this Chapter.
1. 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:
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a.
b.
c.
Section 12.08.030;
Section 12.08.130;
Section 12.08 .270.
2. The administrative penalty for each violation of any provision of this Chapter shall be
seven hundred and fifty dollars {$750.00). 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 may be issued .
3. 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 .
B. Imposition of the Administrative Penalties. The administrative penalty order shall be
imposed in accordance with the provisions of Section 1.16.070 of the Eastvale Municipal Code.
C. 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. EFFECTIVE DATE: This Ordinance shall become effective 30 days from the date of its
adoption.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF MAY 2013.
Ike Bootsma, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Ariel M. Hall , ASSISTANT CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY CERTIFY that the
foregoing Ordinance Number 2013-05 was duly and regularly adopted by the City Council of the City of
Eastvale at a REGULAR meeting held the 81h day of MAY, 2013, by the following vote :
AYES: Council Members Welch, Howell, DeGrandpre, Mayor Pro Tern Rush
and Mayor Bootsma
NOES: none
ABSENT: none
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