Chapter 12.08
CONSTRUCTION IN STREETS
Sections:
12.08.050 Compliance with permits.
12.08.060 Refilling upon completion.
12.08.100 Refusal to refill excavation.
12.08.120 Permit nontransferable.
12.08.130 Emergency excavation.
12.08.150 Abatement proceedings.
12.08.160 Penalty and cost of enforcement.
12.08.005 Title.
This chapter shall be known as the construction in streets ordinance. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998].
12.08.010 Definitions.
For purposes of this chapter, “obstruction” shall be defined as any activity or structure, temporary or permanent, encroaching into the road right-of-way excepting utility poles or pole lines placed upon the unimproved portion of the highway.
For purposes of this chapter, “person” includes any individual, firm, partnership, association, corporation, public district or other political subdivision.
For purposes of this chapter, “road commissioner” means the public works director. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 1, 1952].
12.08.020 Permit required.
It is unlawful for any person to lay, construct or maintain any pipes, drain, or conduit across, along or on any street, road or highway in the city, or to make any excavation or cut or obstruction therein for such purposes without first obtaining a permit from the road commissioner to do so in the manner herein provided. Every applicant shall state in detail the following information:
A. The location, dimension, purpose, extent and nature thereof;
B. The time during which it is estimated that the excavation or obstruction will exist;
C. Such other information as may be required by the road commissioner. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 2, 1952].
12.08.030 Permit fees.
A minimum processing fee of $75.00 or such other amount as may be established by resolution of the city council shall be paid for permits prior to permit issuance, except where a continuous billing account has been established. Additional costs incurred by the Rancho Cordova public works department for processing and inspection shall be billed to the permittee on a time and material basis, based upon the prevailing public works department rates in effect at the time of permit processing. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 3, 1952].
12.08.040 Filing of plan.
Every applicant for a permit hereunder shall file with the application a plan showing the street or highway in which the proposed excavation will be made, together with the approximate locations and dimensions of the proposed excavations or obstructions. When excavations are made for service connections or for the repair of trouble in conduits or other pipes, or for culverts or drainage pipes under driveways, the road commissioner may waive the filing of a plan. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 4, 1952].
12.08.050 Compliance with permits.
Any act done under the authority of a written permit issued pursuant to the provisions of this chapter shall be done in accordance with the terms and conditions of such permit. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 5, 1952].
12.08.060 Refilling upon completion.
Immediately upon completion of the work necessitating the excavation or obstruction permitted by the permit issued hereunder, the permittee shall, at his or her own cost and expense, promptly and in a workmanlike manner refill the excavation or remove the obstruction. All excavations shall be refilled in a manner consistent with then-applicable city standard specifications and the specific terms and conditions contained in the permit. Upon completion of the refilling of the excavation, the road commissioner shall require the permittee to resurface that portion of the street or highway damaged by the permittee’s excavation or obstruction. The resurfacing shall be done in accordance with the standard specifications prescribed by the city council for the repair and resurfacing of city streets. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 6, 1952].
12.08.070 Deposit.
Except as hereinafter provided, the road commissioner shall require the applicant to deposit a sum of money sufficient in the opinion of the road commissioner to cover the total cost of refilling any excavation and proper restoration of the highway as required hereunder. If the work of refilling the excavation is in accordance with the requirements of RCMC 12.08.060 and the restoration of the highway is completed in accordance with the standards herein prescribed, the deposit shall be returned to the permittee at the expiration of 180 days from the completion of work. If during such time the refilled excavation settles, or if the resurfacing or restoration of the highway disintegrates or develops ruts or holes, the road commissioner shall require the permittee to repair or resurface the highway to eliminate all ruts and holes therein. If the permittee fails or refuses to do such work, the road commissioner shall do the work required, and pay the cost thereof out of the deposit. If the deposit is insufficient for this purpose the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay such a deficiency upon demand, the city may recover the same by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 7, 1952].
12.08.080 Waiver of deposit.
The road commissioner may waive a special deposit whenever in his or her opinion the proposed excavation or obstruction is of a minor nature or other suitable security is provided. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 8, 1952].
12.08.090 General deposit.
In lieu of making a special deposit required by RCMC 12.08.070, the applicant may make and maintain with the road commissioner a general deposit in an amount estimated by the road commissioner to be sufficient to pay for the cost of any expected repairs occasioned by any excavation or obstruction authorized by any permit issued hereunder to the applicant, but not to exceed $25,000. The general deposit shall be held and used for the same purposes as the special deposit required herein. The deposit shall be a corporate surety bond or other corporate bond acceptable to the road commissioner, cash, certified check or cashier’s check payable to the city; provided, however, the maintenance of a general deposit does not relieve an applicant from making application for every proposed excavation or obstruction, but more than one proposed excavation or obstruction may be included in one application. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 9, 1952].
12.08.100 Refusal to refill excavation.
If the permittee fails or refuses to refill any excavation as required by RCMC 12.08.060 or remove any obstruction which he or she has placed upon the highway or fails and refuses to restore or resurface that portion of the surface of the highway damaged by him or her in accordance with the standards herein prescribed, the road commissioner may do such refilling and resurfacing and pay the cost thereof out of the deposit made by the permittee. The deposit shall also be used to maintain the work for a period of 180 days after completion thereof. If the amount of the deposit is not sufficient to cover the cost of the work and the maintenance thereof, the deficiency shall be charged to the permittee. If the permittee fails or refuses to pay the deficiency upon demand, the city may recover the same by an action in any court of competent jurisdiction. Until the deficiency is paid in full no new permits shall be issued to such permittee. In lieu of such deductions the road commissioner may bill such person for the amount owed by him or her to the city. If such amount is not paid within 15 days of the rendition of the bill, the road commissioner may deduct the amount from the general deposit as herein provided. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 10, 1952].
12.08.110 Exemptions.
No deposit shall be required of any public district, public utility, or political subdivision (as provided in Section 1468 of the California Streets and Highways Code) which is authorized by law to establish or maintain works or facilities in, under or over any public highway, nor shall the application of any such governmental unit be denied except as hereinafter provided. Every such applicant shall be entitled as a matter of right to a permit but shall otherwise be subject to the provisions of this chapter. The road commissioner shall have the right to deny a permit to such applicant where the applicant has failed to comply with the provisions of this chapter relating to the refilling of excavations, removing or relocating obstructions or the resurfacing or restoration of any highway, and the maintenance thereof, under any previous permit. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 11, 1952].
12.08.120 Permit nontransferable.
All permits issued hereunder shall be nontransferable and the work authorized by the permit must commence within 30 days of issuance thereof, and must be completed within the time estimated in the application. The road commissioner may grant a reasonable extension when the work has been unavoidably delayed without fault of the permittee. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 12, 1952].
12.08.130 Emergency excavation.
Nothing herein contained shall prohibit any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises if the person making the excavation promptly notifies the road commissioner of any such action. Any person making such excavation shall refill the excavation in accordance with the standards prescribed by this chapter that would be applicable if a permit was received. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998; SCC 421 § 13, 1952].
12.08.140 City liability.
The issuance of a permit hereunder shall not be construed as imposing any liability upon the city or upon any of its officers or employees by reason of damage or injury to persons or property resulting from any excavation or obstruction authorized by the permit. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998].
12.08.150 Abatement proceedings.
Any activity contrary to the provisions of this chapter or contrary to an encroachment permit or the terms or conditions imposed therein is unlawful and a public nuisance, and the road commissioner is authorized to commence in the name of the city actions or proceedings for the abatement and removal and enjoining thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such operation and restrain and enjoin any person, firm or corporation from so operating. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998].
12.08.160 Penalty and cost of enforcement.
A. Any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter is guilty of a misdemeanor.
B. In addition to any other remedies available at law, any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter shall be liable to the city for all expenses and damages caused by any such violation.
C. 1. In addition to any other remedies provided by this chapter or state law, there are hereby imposed the following administrative civil penalties for each violation of this chapter or the terms and conditions of any encroachment permit issued pursuant to this chapter:
a. Any person initiating work within the public road right-of-way without obtaining an encroachment permit shall be subject to and responsible for a fine in the amount of $2,500 for a first violation, $5,000 for a second violation, or $10,000 for a third or subsequent violation.
b. Any person in possession of a valid encroachment permit that initiates work within the public road right-of-way, but fails to provide notification for inspection as required by the permit, shall be subject to and responsible for a fine in the amount of $1,000 for a first violation, $2,500 for a second violation, or $5,000 for a third or subsequent violation.
2. Whenever the road commissioner determines that an encroachment violates the provisions of this chapter, or the terms and conditions of any encroachment permit issued pursuant to this chapter, the road commissioner shall give written notice of such violation to the alleged violator. The notice shall include the following information:
a. The street address, legal description or other description sufficient to identify the affected property.
b. The penalty imposed as a result of such violation.
c. A statement that the party affected may file a written request for hearing with the road commissioner if it objects to imposition of the penalty.
d. A statement that the penalty imposed shall be enforced if the party fails to file a timely written request for a hearing.
3. Notice of any administrative civil penalty shall be served either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the alleged violator. Service shall be effective for all purposes upon receipt if personally served, or within five days of mailing as herein provided. Proof of service of the notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the road commissioner. The failure of a party to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.
4. a. A written request for a hearing must be received by the road commissioner within seven days of the effective date of service of the notice. The road commissioner shall set a time and date for the hearing and notify the party requesting the hearing in writing of the time, date and place of the hearing. The hearing shall be before a hearing officer designated by the road commissioner.
b. The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of counsel and witnesses. Notice of the date set for hearing shall be mailed to the parties at least 10 calendar days prior to the hearing date. The alleged violator shall be entitled to appear personally, produce evidence, and be represented by counsel. At the hearing, the county shall have the burden of going forward first with evidence in support of the allegations contained in the order imposing penalties and shall have the burden of establishing the facts by a preponderance of the evidence. The hearing officer may administer oaths and take official notice of facts as authorized by law.
c. Oral evidence shall be taken only on oath or affirmation.
d. Each party shall have the following rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against it.
e. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
f. The order of the hearing officer shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the road commissioner. Procedures concerning notice and service thereof shall be as provided herein.
5. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Section 53069.4 of the Government Code, or any successor provision thereto. A copy of the notice of appeal authorized by Section 53069.4 of the Government Code shall be served upon the city clerk.
D. Each party violating any provision of this chapter or any encroachment permit issued pursuant to this chapter shall be guilty of a separate offense for each and every day on which any such violation is committed, continued, or permitted by any such person.
E. In addition to any penalty, sanction, fine or imprisonment, any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter shall be required to pay any and all expenses of enforcement, including those costs necessary to inspect, remove and/or correct the violation. In addition to all remedies herein contained, the city may pursue all reasonable and legal means in collecting those sums authorized and due. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1101 § 2, 1998].