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Article
1 Authority and Procedure
2 Streets and Sidewalks
2.1 Rail Transit Construction Impact Area Traffic Management
3 Public Parks, Playgrounds, Beaches and Other Property
4 Sewers, Water Courses and Drains
4.1 Sewer Service Charge
4.2 Stormwater Pollution Abatement Charge
4.3 Wastewater Franchise Fee
4.4 Stormwater and Urban Runoff Pollution Control
5 Maintenance and Repair of Hazardous Private Streets
6 Garbage, Refuse Collection
6.1 Solid Waste Collection, Transfer, Recycling, Recovery of Waste Resources and Disposal Fee
7 Outdoor Advertising Structures, Accessory Signs, Post Signs and Advertising Statuary
8 Benches Along Public Ways
9 Marina Del Rey Entrance Channel
Section
61.00 Chapter Definitions.
61.02 Abatement of Erosion or Flood Hazard.
61.03 Surcharge for Equipment and Training.
61.04 Surcharge for Development of Automated Systems for the Department of City Planning.
61.05 Prisoner Employment on Public Works.
61.06 Compliance with Traffic Control Manual.
61.07 Arrest Authority of City Employees.
61.08 Authority to Assign Inspectors for Overtime Work.
61.10 Engineering Process Fees.
61.11 Expedited Permit Surcharge.
61.12 Survey Monument Inspection Fee.
61.13 Improvement Bond Processing Fee.
Whenever used in the chapter the word Board shall mean the Board of Public Works of this City or any of its members or inspectors.
(Renumbered Sec. 58.01 and Relocated to Ch. V, Art. 8, by Ord. No. 160,171, Eff. 8/22/85.)
(Amended by Ord. No. 175,596, Eff. 12/7/03.)
Whenever it appears that any grading project previously commenced pursuant to a permit issued by the Board or the Department of Building and Safety will not be completed prior to the commencement of the rainy season as defined in Section 91.7007.1 of this Code, the Board may require that the permittee prepare and submit plans for the installation of temporary erosion control devices not later than September 15 preceding the rainy season. The plans shall be prepared in accordance with standards maintained by the City Engineer. The Board may further require that the permittee install desilting basins not later than October 15 preceding the rainy season and any other temporary erosion control devices not later than December 1 of the rainy season.
Should the permittee fail to comply with the order, and the Board determines that the public health, safety or general welfare is endangered by the failure, the Board or its representative may enter upon the premises described in the permit to abate the public nuisance by installing temporary erosion control devices by whatever means it deems appropriate.
All costs incurred pursuant to this section shall be a personal obligation against the permittee and the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the Citys costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
(Amended by Ord. No. 175,332, Eff. 8/12/03.)
(a) There shall be added to the total of all fees for which the Bureau of Engineering is responsible for collecting for services rendered for any initial application, renewal, modification, or approval pursuant to Articles
2,
3 and
4 of this chapter; and Articles
2,
5 and
9 of
Chapter I; and Articles
1 and
6 of
Chapter 9 of this Code; and a portion of Divisions 7, 12, 13 and 22 of the Los Angeles Administrative Code: a surcharge in the amount equal to the greater of 7% of the fee or $1.00; except that the One Stop Permit Center Fee Surcharge levied under Section
68.12; and other fees levied under Sections
64.11.3,
64.16.1,
64.11.2, and
64.18 shall be excluded.
(b) All monies received from this surcharge shall be deposited and maintained in the Public Works Bureau of Engineering Equipment and Training Trust Fund established pursuant to Section 5.411 of the Los Angeles Administrative Code.
(c) These monies shall be used for the provision of equipment and training for those Bureau personnel providing the engineering services for which the fees are charged. These services are not routinely provided to the general public, but are performed only upon specific request.
(d) If any provision of this ordinance is found to be unconstitutional or invalid by any court of competent jurisdiction, the invalidity shall not affect the remaining provisions of this ordinance which can be implemented without this invalid provision, and, to this end, the provisions of this ordinance are declared severable.
(Added by Ord. No. 169,869, Eff. 7/18/94.)
(a) An automated systems development surcharge equal to the greater of 3 percent thereof or $1.00 shall be added to any fee set forth in Municipal Code Section 62.106.1 which the Bureau of Engineering is responsible for collecting for services rendered in connection with any initial application, renewal, modification or approval of planning actions pursuant to Article 2 of this chapter. Any other surcharge shall be excluded from the computation of the surcharge under this section. In addition, an administrative fee of $5.00 shall be collected with respect to each such permit, license or application.
(b) This surcharge shall remain in effect until July 1, 2001 unless further extended by Council by ordinance.
(c) Moneys received from this surcharge shall be deposited in the City Planning Systems Development Fund pursuant to Section 5.457 of the Los Angeles Administrative Code, except that the $5.00 fee shall be deposited into the General Fund and credited to the departmental receipts of the Bureau of Engineering, Department of Public Works.
(A) Every person confined in the City jail under a judgment rendered in a criminal action in a court of competent jurisdiction shall be required to perform labor on the public works and ways of this City under the discretion of the Chief of Police.
(B) The Chief of Police shall procure and use such means as he shall deem necessary for the security of all prisoners under his charge and may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners and compel them to do their work.
(C) The prisoners shall be treated with the kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.
(Added by Ord. No. 142,123, Eff. 7/31/71.)
All work involving City property or rights of way shall be performed in accordance with the provisions of the latest edition of the manual entitled Work Area Traffic Control adopted by the Board.
(Amended by Ord. No. 170,451, Eff. 5/8/95.)
(a) (Amended by Ord. No. 179,818, Eff. 5/31/08.) The Director of the Bureau of Street Services, the Assistant Director of the Bureau of Street Services, the Chief Street Services Investigator, Senior Street Services Investigators and Street Services Investigators are duly appointed public officers as defined in California Penal Code, Section 836.5 and have the power, authority and immunity of illegal dumping enforcement officers as set forth in California Penal Code Section 830.7(j), to enforce laws related to illegal waste dumping, or littering, and authorized by a Memorandum of Understanding with the Los Angeles Police Department. This power, authority and immunity shall only be exercised by those directors and investigators referred to in this section who have successfully completed a course in the exercise of the powers of a peace officer pursuant to California Penal Code Section 832 and that satisfies the selection standards for peace officers pursuant to the Government Code of the State of California, Section 1029. All public officers empowered by this section shall have the authority of a local enforcement agency for the purposes specified in the California Public Resources Code Division 30, Part 3, Chapters 16 through 19 related to the California Integrated Waste Management Board Waste Tire Enforcement Program and to seize and impound vehicles in order to enforce the provisions of Los Angeles Municipal Code Section 41.70.3. In addition, these persons shall have the power to serve warrants as specified in the California Code of Civil Procedures Section 1822.50, et seq., and the authority granted in Section 80.01.1 of this Code. All persons referred to in this section shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section.
(b) Chief Industrial Waste Inspectors, Senior Industrial Waste Inspectors and Industrial Waste Inspectors of the Stormwater Management Division of the Bureau of Engineering shall have the power, authority and immunity of a public officer or employee, as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence which is a violation of Section 64.30 of the Municipal Code with respect to storm drain systems and waters of the State. In addition, such persons shall have the foregoing power, authority and immunity with respect to a violation of any of the following sections of the Municipal Code:
|
or a violation of any law set forth in Subsection (c) of this section.
(c) (Amended by Ord. No. 172,086, Eff. 7/30/98.) Any person designated in Subsections (a) and (b) of this section shall have the power, authority and immunity of a public officer or employee under the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of any of the following provisions of the Los Angeles Municipal Code:
|
or is a violation of State of California Penal Code Section 556 or 556.1.
(d) Those persons designated in Subsections (a) and (b) of this section are hereby authorized to issue parking citations as provided for in Section 80.00 of the Los Angeles Municipal Code for the violation of Los Angeles Municipal Code Sections 80.53, 80.56, 80.73 (b)2.A.(1), (2), (3), 80.73 (b)2.F., 80.73.2, 85.01 (b) and California Vehicle Code Section 22500(f).
(e) The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.
(f) No person shall falsely represent or identify himself or herself as another person or as a fictitious person to any public officer defined in Section 61.07(a) of this Code upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the public officer when (1) the false information is given while the public officer is engaged in the performance of his or her duties as a public officer, and (2) the person providing the false information knows or should have known that the person receiving the information is a public officer. (Added by Ord. No. 180,459, Eff. 2/8/09.)
(g) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he or she is being arrested by a public officer as defined in Section 61.07(a) of this Code, it is the duty of the person being arrested to refrain from using force or any weapon to resist such arrest. (Added by Ord. No. 180,459, Eff. 2/8/09.)
(h) No person who has been lawfully arrested by a public officer as defined in Section 61.07(a) of this Code and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, shall thereafter escape or attempt to escape from the custody of that public officer. (Added by Ord. No. 180,459, Eff. 2/8/09.)
(i) No person shall fail to comply with any valid order pursuant to any provision or requirement of this Code or any other valid order issued by a public officer defined in Section 61.07(a) of this Code. (Added by Ord. No. 180,459, Eff. 2/8/09.)
(j) Any public officer as defined in Section 61.07(a) of this Code, having responsibility for permitting and licensing shall have the authority to obtain state and local summary criminal history information pursuant to the California Penal Code, Section 11105(b)(10) and Section 13300(b)(10), in fulfilling his or her duties applicable to Chapter VI of the Los Angeles Municipal Code. In addition, public officers as defined by Section 61.07(a) of this Code are authorized pursuant to California Penal Code Section 11105(c) to obtain state and local summary criminal history information for specified investigative purposes. (Added by Ord. No. 180,459, Eff. 2/8/09.)
(Added by Ord. No. 155,987, Eff. 11/30/81.)
The Director of the Bureau of Street Maintenance may assign an inspector to inspect activities for which a permit has been issued pursuant to the provisions of Article 2 of this chapter during other than normal working hours if such inspection is necessary to safeguard the public and protect the public street and sidewalk or other public improvements. Unless provision is otherwise made in this article to reimburse the City for the costs of such overtime inspection, the permittee shall deposit in advance an amount determined by the Director to be adequate to cover the cost of inspection. Such cost of inspection shall be computed at 1 1/2 times the hourly wage of a Senior Inspector 2 for the period of time such inspector will be needed, as estimated by the Director. At the completion of inspection, The Director shall deduct from such individual deposit the total accrued costs of inspection and shall refund to the permittee any difference between the amount deposited and the amount so deducted.
(Deleted by Ord. No. 173,494, Eff. 9/14/00.)
(Amended by Ord. No. 178,131, Eff. 1/18/07.)
A fee of $50.00 for each building, plumbing, grading, combined building-mechanical or sign building permit requiring review and sign off(s) by the Bureau of Engineering shall be collected, except that no fee shall be collected if the underlying permit fee is not required. This fee is determined and adopted in the same manner as provided in Section 12.37 I.1. for establishing fees.
(Added by Ord. No. 180,061, Eff. 8/30/08.)
When an applicant elects to pay a deposit to expedite the processing of any permit issued by the Department of Public Works through its Bureau of Engineering, the Bureau shall charge and collect a non-refundable surcharge of 40 percent of the deposit. The Bureau shall collect the surcharge for each additional deposit applied to the account. The Board of Public Works may adjust this surcharge and adopt new amounts as necessary in the same manner as provided in Section 12.37 I.1. for establishing fees.
(Added by Ord. No. 180,038, Eff. 8/23/08.)
The Department of Public Works, through its Bureau of Engineering, shall charge and collect a fee for verifying and documenting the proper placement of survey monuments, and plat to update the City Engineer's tie note records, in compliance with the Subdivision Map Act, Government Code Section 66495. The survey monument inspection is a requirement for recording all final and parcel maps. The Bureau shall charge $250 for the first monument, and $70 for each additional monument. If the Bureau has to perform additional inspections because of missing or improperly set monuments, the Bureau shall charge $250 for the first monument and $70 for additional monuments requiring re-inspection. The Board of Public Works may adjust these fees and adopt new fee amounts as necessary in the same manner as provided in Section 12.37 I.1. for establishing fees.
(Added by Ord. No. 180,062, Eff. 8/30/08.)
When a project requires improvements to be made as a requirement for the issuance of a permit, the Department of Public Works, through its Bureau of Engineering, shall charge the applicant a fee of $350 to process an improvement bond. The Bureau of Engineering shall charge an additional $300 if it is necessary to extend the bond to avoid default, or $350 to process a replacement bond. The Board of Public Works may adjust these fees and adopt new fee amounts as necessary in the same manner as provided in Section 12.37 I.1. for establishing fees.
Section
62.00 Definitions.
62.01 Removal of Obstructing Structures.
62.02 Excavations in and Adjacent to Streets Permits.
62.03 Excavations in and Adjacent to Streets Locations and Restrictions.
62.03.1 Notification and Location Requirements.
62.03.2 Specifications and Procedures for Above Ground Facilities Installations in the Public Rights-of-Way.
62.03.3 Fine for Non-compliance.
62.03.4 Appeal for Violation of Above Ground Facility, Specification and Procedures.
62.04 Excavation in and Adjacent to Streets Performance of the Work
62.05 Excavations in and Adjacent to Streets Charges.
62.06 Establishment of a Street Damage Restoration Fee.
62.40 Manholes Permit for Opening.
62.41 Permit Fees.
62.42 Manholes Emergency Openings.
62.43 Manholes Warning Signs.
62.44 Exemptions.
62.45 Materials or Equipment in Streets Permits, Regulations, Fees.
62.46 Permits Conditions.
62.47 Permits Revocation.
62.48 Revocation of Permits Work to Cease.
62.49 Building Material Deposit in Streets.
62.50 Building Material Illumination.
62.51 Building Material Deposits Cranes Restrictions.
62.52 Plaster Mixing on Street.
62.53 Permit to Be Exhibited.
62.54 Building Material Removal of.
62.55 Permits Duration of.
62.56 Building Material Permit Fees Exemptions.
62.57 Elevated Sidewalks Permits.
62.58 Elevated Sidewalks Application.
62.59 Elevated Sidewalks Where Permitted.
62.60 Revocation of Permits.
62.61 Work Within or on a Public Street or Right-of-Way, Obstruction of a Public Street or Right-of-Way Permit Required, Regulations, Penalties for Non-Compliance.
62.62 Electric Wires on Streets Permit Required.
62.63 Electric Wires on Streets Power of Board Over.
62.64 Permit Contents of.
62.65 Electric Wiring Must Be Safe.
62.66 Board Power to Decide Questions.
62.67 Permits Duration of.
62.68 Exemption Franchises.
62.69 Oil Pipe Lines Permits.
62.70 Oil Pipe Line Permit Application.
62.71 Oil Pipe Line Permit Contents.
62.72 Oil Pipe Lines Regulations.
62.73 Oil Pipe Lines Permits Revocability of.
62.74 Oil Cables Permits.
62.75 Oil Cables Permit Applications.
62.76 Oil Cables Permit Contents.
62.77 Oil Cables Regulations.
62.78 Oil Cables Permits Revocability of.
62.79 Oil Spilling on Streets.
62.80 Drainage of Water Into Streets.
62.81 Washing Private Alleys.
62.82 Public Utility Defined.
62.83.1 House Movers Permits Conditions.
62.84 Board of Public Works House Movers Permit/Issuance.
62.85 House Movers Compensation to Public Utilities.
62.86 House Movers Interference with Utility Property.
62.87 House Mover Must Pay License.
62.88 House Movers Deposits.
62.89 House Movers Inspection.
62.90 House Movers Methods of Moving Rules and Regulations.
62.90.1 House Movers Posting of Relocation Permit.
62.91 House Movers Damage to Streets.
62.92 House Movers - Deposit Deductions.
62.93 Housemoving Lights Required.
62.94 Protection of Sidewalks.
62.94.1 Protection of Streets Tractors, Etc. Prohibited on.
62.95 Animals Driving on Streets Permit.
62.95.1 Horseback Riding Prohibited on Medians.
62.96 Painting House Numbers on Curbs Permit Required.
62.97 Vibroseis Surveys in Public Streets.
62.103 Parkways in Commercial and Industrial Zones Paving.
62.104 Curb and Sidewalk Repairs.
62.105 Streets, Sidewalks and Other Improvements Permits Required.
62.105.1 Locations of Driveway Approaches.
62.105.2 Width of Driveway Approach Apron.
62.105.3 Length of Curb Space.
62.105.4 Slope of Driveway Approaches.
62.105.5 Application for Deviations From the Provisions of Sections 62.105.1(A), (B), (C) and (D), 62.105.2, 62.105.3 and 62.105.4.
62.105.6 Testing and Analysis of Materials Products, Services, Processes and Technologies.
62.106 Permits Classification Of.
62.106.1 Fees Charges for Preparation of Required Reports by the City Engineer in Conjunction with Subdivision Maps.
62.107 Work Requirements.
62.108 Application Contents Of.
62.109 Class A Permits Fees.
62.109.1 Class A Permit Fee Waiver Program.
62.110 Class B Permits Fees, Computation of Charges.
62.111 Class B Permits Plans Bonds Insurance.
62.112 Inspector Application For.
62.113 Completion of Work Certificate of Acceptance.
62.114 Permits Duration Expiration Cancellation.
62.115 Refunds.
62.116 Permits Amount of Work Allowed.
62.117 Removal of Debris.
62.118 Exemptions.
62.118.1 Special Improvements Payment Performance by Department.
62.118.2 Improvement in Public Streets Revocable Permits For.
62.119 Railroads Street Paving.
62.120 Railroads Manner of Asphalt Paving.
62.121 Railroads Manner of Improving Streets.
62.122 Railroads Type of Rails.
62.123 Railroads Change of Rails.
62.124 Railroad Rails Exemptions.
62.125 Railroads Time of Completion of Work.
62.126 Railroads Procedure for Replacing Rails.
62.127 Railroad Board May Order Repairs to Roadbed.
62.128 Railroads Hours of Repair in Central Traffic District.
62.129 Public Boulevards Use of.
62.130 Sand Gravel on Streets.
62.131 Decorative Lights over Streets and Sidewalks.
62.132 Street Banners.
62.133 Canopies.
62.135 Overloads Definitions.
62.136 Overloads Permits Required.
62.137 Overloads When Unlawful to Move Without Inspection.
62.138 Overloads, When Unlawful to Move in Any Event.
62.139 Unattended Parking Prohibited.
62.140 Overloads Night Moving.
62.141 Overloads Application For Permits.
62.142 Overloads Issuance of Permits.
62.143 Overloads 30 Day and Annual Permits.
62.144 Overloads Permits Limitations And Requirements.
62.145 Overloads Insurance Bonds.
62.146 Overloads - Inspection.
62.147 Overloads Assignment of Inspectors.
62.148 Overloads Displacement of Property of Public Utility.
62.149 Overloads Movement of by Governmental Authorities.
62.150 Overloads Where Exceptions Are Permissible.
62.161 Planting, Maintenance And Care of Plants in City Streets Jurisdiction of Board.
62.162 Power to Plant, Maintain And Issue Permits.
62.163 Duties Regarding Maintenance of Plants.
62.164 Tree Planting Records Plans.
62.165 Board to Prepare Reports.
62.166 Street Obstructions by Trees Jurisdiction.
62.167 Assessment Levy For Planting.
62.168 Removal of Obstructing Plants.
62.169 Permit Required to Plant in Streets.
62.170 Conditional Permit to Remove or Destroy Trees.
62.171 Permit Fees For Tree Removal.
62.172 House Moving Permit.
62.173 Tree Stakes or Guards.
62.174 Injury to Trees.
62.175 Tree Maintenance.
62.176 Street Maintenance Fee.
62.200 Street Intersections Obstructions to Visibility.
62.201 Import And Export of Earth Materials Fees Required.
62.202 Import And Export of Earth Materials Bonded Requirement.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
For the purpose of this article, the following words and phrases are defined, and they shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.
Apron shall mean that portion of a driveway approach, exclusive of side slopes or driveway curb returns, extending from the gutter flow line to the property line.
As-Built Plans and Profiles shall mean plans and profiles wherein the elevation and location of a subsurface installation is determined at the time of construction and as constructed. (Added by Ord. No. 150,478, Eff. 2/6/78.)
Asphalt Pavement shall mean any surface which is paved with a mixture of rock, sand, and a low penetration grade of asphalt cement. This term shall include surfaces paved with mixture commonly referred to as sheet asphalt, asphalt concrete, or bitulithic pavements.
Concrete Driveway shall mean any driveway approach paved with Portland Cement concrete.
Concrete Gutter shall mean any gutter composed of Portland Cement concrete, vitrified brick, or granite block pavement.
Concrete Pavement shall mean any roadway surface paved with Portland Cement concrete.
Concrete Sidewalk shall mean any sidewalk paved with Portland Cement concrete.
Cost shall mean all applicable direct and indirect expenses incurred by the City in connection with the work or services performed, as determined by the cost accounting procedures established by the Board.
Curb shall mean any curb constructed of Portland Cement concrete.
Curb Return shall mean the curved portion of a street curb joining the normal curb line of a street with that of an intersecting street, alley, or driveway.
Curb Space shall mean a continuous length of full-height curb; or where no curb exists, that space on the public right of way reserved for construction of full-height curb.
Driveway Approach shall mean that portion of a driveway lying in the public right of way between the curb face or roadway of a public street and the property line thereof, and including both apron and side slopes.
House Mover shall mean any person who moves any building or structure, or section or portion of any building or structure, over, upon, along, or across any public street.
Leakage Detection Hole shall mean any hole made in a paved roadway or sidewalk by driving a metal bar or drill into the same, for the purpose of locating leaks from existing utility pipes or conduits.
Lot shall mean a lot, parcel, or area of land developed or to be developed as a unit.
Manhole shall mean any subsurface structure which is part of any underground system and which has a surface cover with an exposed area of 1 1/2 square feet or more.
Oiled Roadway shall mean any roadway, the surface of which is composed of a mixture of one or more spray coats of road oil with sand, crushed rock, or disintegrated granite, having a total average thickness of approximately one inch or less.
Person shall mean and include in addition to all entities set forth under the definition of the term person in Subsection (a) of Section 11.01 of this Code, the Federal Government, the State of California, every county, city and county, municipal corporation other than the City of Los Angeles, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government.
Pothole shall mean a small hole excavated in order to locate and identify any underground structure. (Added by Ord. No. 150,478, Eff. 2/6/78.)
Property shall mean and include any rail, tie, wire, pipe, pole, conduit, tank, or any device, fixture, appliance, or structure appurtenant thereto, installed, affixed, or located in, upon, over, or under any public street, public easement, or public place in this City, whether so installed, affixed, or located under franchise or otherwise.
Public Easement shall mean any sewer easement, drainage easement, utility easement, or other easement under the jurisdiction of the Board except street easements.
Public Place shall mean and include all public grounds, buildings, and places owned or maintained by the City and under the jurisdiction of the Board excluding public streets and public easements.
Public Street shall mean and include all entities set forth under the definition of the term street in Subsection (a) of Section 11.01 of this Code. The term shall be construed to include the full width of way dedicated to public use including sidewalk and unpaved areas.
Red Flag shall mean a flag made of bright red cloth or other flexible material, with an area of at least 1 1/2 square feet of which one dimension must be at least 12 inches.
Roadway shall mean the portion of the street intended for use by vehicular traffic, including parking lanes.
Rock and Oil Pavement shall mean any surface which is paved with an average thickness of more than one inch of macadam pavement or a mixture of rock, sand, and either road oil, liquid asphalt, or a high penetration grade of asphalt cement.
Side Slope shall mean that portion of the driveway approach which provides a transition from the normal curb grade to the grade of the apron by means of a sloping surface. Where a curb return is constructed in lieu of a sloping surface, the side slope shall be deemed to end at the exterior beginning of the curb of such curb return.
Sidewalk shall mean any surface provided for the exclusive use of pedestrians.
Stake Hole shall mean any hole made in a pavement, driveway, or sidewalk by driving a metal bar or pin into the same for moving a house or for any similar purpose.
Transmission Line shall mean a pipeline or other structure which transports substances from a Point of gathering or storage to a point of distribution or storage. (Added by Ord. No. 150,478, Eff. 2/6/78.)
Tunnel shall mean either a construction tunnel or a tunnel structure as hereinafter defined: construction tunnel shall mean an excavation for the purpose of installing a subsurface pipe or conduit, which excavation is made without disturbing the surface. This term is not intended to include excavations made by such methods of installation as jacking, boring, or jetting; tunnel structure shall mean an underground structure such as a passageway, gallery, or conveyor housing, the construction of which may have involved the making of an open excavation.
Unimproved Roadway shall mean any roadway, the surface of which is composed of dirt, soil, sand, gravel, disintegrated granite, or similar materials either in a natural state or waterbound.
Unstable Substance shall mean any substance carried by a subsurface installation which, if permitted to escape, could pose a hazard to public health or safety, including petroleum distillates, butane, propane, oxygen, chlorine, steam, natural gas at a pressure exceeding 60 PSIG, any corrosive or toxic substance, all liquids in transmission lines and any other substance which the City Engineer may hereinafter classify as unstable. (Added by Ord. No. 150,478, Eff. 2/6/78.)
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
(a) Board to Notify Owner. Whenever the Board determines that any property located in, upon, over, or under any public street, public place, or public easement in this City must be temporarily or permanently relocated or removed for public safety, necessity, welfare, or convenience, in order that public works, improvements or landscaping may be installed, constructed, or erected along any such public street, public place, or public easement, the Board shall give written notice to the person owning, maintaining, or controlling such property to relocate or remove the same as the Board shall determine. Such notice shall describe the property to be removed or relocated with particularity.
Such written notices will be issued only for improvements, works, or landscaping done by this City or other governmental agency or instrumentality in a government capacity.
(b) Prosecution of Work. Within ten days after the giving of such notice, the work of relocating or removing the property designated in the notice shall be commenced and such work shall thereafter be diligently prosecuted to completion.
(c) Board May Complete Work and Recover Costs. In the event such person shall neglect, fail, or refuse, within ten days after the giving of such notice, to begin the work of relocating or removing the property designated in the notice, or shall fail to prosecute such work diligently to completion, the Board shall have the power to relocate or remove the property designated in the notice. The cost necessarily incurred by the Board in doing such work may be recovered by the City from such person.
(d) Remedies Cumulative. Punishment for violation of the penal provisions of this section shall be cumulative and in addition to the powers conferred herein on the Board. Enforcement of the penal provisions of this section shall not constitute a bar to the exercise by the Board of the powers conferred upon it by this section, nor shall the exercise by the Board of the powers conferred upon it by this section constitute a bar to a criminal prosecution for the violation of the penal provisions of this section.
(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Permit Required. No person, nor any department or officer of this City shall make an excavation in or under the surface of any public street or public place for the installation, inspection, repair, abandonment, or removal of any tank, pipe, conduit, duct, tunnel, or footing, or for any other purpose, or make an excavation on private property adjacent to a public street where lateral support to such street or improvements or property within such street is imperiled by such excavation, without first making and filing a written application therefor with the Board and receiving a permit from the Board to do so. No portions of this ordinance shall be construed or is intended to exempt sewer and storm drain connections; sewers and storms drains being constructed under B permit provisions of this article; or departments or officers of this City acting in a governmental capacity and performing work with their own forces for the City.
EXCEPTION: A permit will not be required for excavations which are for the purpose of the installation or removal of poles or pole anchors when such pole and pole anchors are located within sidewalk areas. All work in connection with such installations shall be performed in accordance with the provisions of Section 62.04.
1. Council Permission for Tunnel Construction. Permission from the Council is required as a prerequisite to the issuance of any permit under Subsection (a) of this section for the construction of a tunnel structure. Such tunnel installations may also be subject to the execution of a lease or other agreement between the City and the permittee as determined by Council, and the payment by the permittee of any annual charges set forth in such agreement.
2. Construction Tunnels. A construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit may be constructed under the sole authorization of an excavation permit.
3. Leakage Detection Holes. Excavation permits for the purpose of drilling leakage detection holes may be issued to a public utility regulated by the Public Utilities Commission of the State of California.
4. Maintenance and Service Connection Excavations. Excavation permits for the purposes of providing service connections under 2 inches in diameter, replacing or repairing deteriorated fittings, raising valve covers, manholes covers and vault lids to grade may be issued to a public utility regulated by the P.U.C. of the state of California.
5. Chargebacks. No portion of this section shall be construed to contravene Section 11.08 of the L.A.M.C. which prohibits City non-proprietary departments from charging other non-proprietary departments; nor shall this section be construed to allow for no-fee or exemptions from required permit authority for work being done under contract for City departments and other governmental agencies.
No portion of this ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements.
6. Emergencies. Nothing in this section shall be construed to prevent any agency, entity or utility covered under the provisions of this Ordinance or any person or department or officer of this City who is maintaining an installation in a street by virtue of any law, ordinance franchise, or permit from making such excavations as may be necessary when such necessity arises from emergency conditions, provided that the person, department, or officer making such excavation shall apply for a permit therefor on the next regular business day following the day on which such excavation was commenced and provided that the agency, entity, utility, department or officer of this City provide supporting documentation confirming the nature and scope of the work required and verifiable information related to the event(s), actions, inactions or proximate causes of the required emergency excavation.
7. Imperilment of Lateral Support. Imperilment of lateral support to a street or improvements on property within such street by excavation on private property shall be deemed to exist whenever such excavation does not comply with the provisions of Section 91.3005 of this Code.
(b) Contents of Application. The permit application required to be submitted shall show the name, complete address, and telephone number of the applicant and in detail, the purpose, location, and area of each excavation intended to be made.
In the case of an application for the purpose of drilling leakage detection holes, the location and area of each excavation shall be included on the application, and permittees are required to submit monthly reports of the location of all such holes planned to be drilled prior to such drilling occurring.
(c) Plans Required. Each application for a permit shall be accompanied by a plat, in triplicate, showing the location and dimensions of each proposed excavation and such other details as the Board may require. Additional copies of the plat, if required for checking or inspection purposes, shall be supplied by the applicant. Such plat will be reviewed by the City Engineer and, if found satisfactory, will be approved by him. Any permit conditions or special restrictions shall be determined prior to approval of the plat and such conditions or restrictions will be incorporated into the permit. If the plat shows a permanent installation to be made in the area of a public street, a copy shall be placed on file in the office of the City Engineer as a public record. The approved duplicate copy will be used for inspection purposes and the approved triplicate returned to the applicant. Any excavation made or facility installed shall be located in strict conformance with the location shown on the plat.
EXCEPTION: A plat will not be required when the purpose for making the excavation is the installation of a service connection or the inspection or repair of an existing installation. However, such excavations shall be located in strict conformance with the locations described in the application.
Tunnel Structures - Special Provisions
Plans for a tunnel structure shall show its proposed location, the distance from all existing utility installations, details of the proposed method of constructing and backfilling, and the purpose for which the tunnel is to be constructed. Similar plans will be required for construction tunnels over 20 feet in continuous length. Unless otherwise determined by the Board, submission of plans will not be required for a construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit when such construction tunnel is less than 20 feet in continuous length.
Plans for tunnel structures or other special structures shall be based upon alignments and elevations determined from actual surveys, and work on any such tunnel or other special structure shall not proceed until such alignment and elevations have been established and indicated at the site of the work.
(d) Surveying. The Board may require such surveys as it deems necessary to insure that excavations made or to be made or facilities installed are at the locations described in the application or shown on the plats.
(e) Authority to Occupy Street Area. No person, nor any department or officer of this City, shall make any installation in street areas without legal authority granted by franchise or otherwise to occupy and use such areas for the purpose of such installations, regardless of whether or not such person is required to secure a permit under the provisions of this section.
(f) Special Deposits.
1. Amount of Deposits. A permit to excavate in accordance with the provisions of this section will not be issued until the applicant has deposited with the Board a special cash deposit. The amount of the special deposit shall be determined using the charges provided for the particular type of work or improvement involved as set forth in the latest fee schedule adopted by the Board pursuant to Section 62.05(b)1 and in effect, plus an additional sum determined by the City Engineer to be the estimated cost of checking plans, inspecting, testing, and surveying for work of a special nature such as constructing a tunnel, building footings, utility installation, or other conduit or structure in a public street or public place or where lateral support to public streets, or improvements or property therein, is found by the City Engineer to be imperiled by excavation on adjacent private property.
2. Minimum Deposits. If more than one kind of resurfacing is involved in a permit, the minimum deposit for such permit shall be the sum of the individual minimum deposits for the various classes of resurfacing included in the permit.
(g) General Deposits. (Amended by Ord. No. 178,131, Eff. 1/18/07.) In lieu of a special deposit provided for in Subsection (f) of this section, any person may make and maintain with the Board a general deposit to be used for the same purpose as a special deposit. The amount of the general deposit shall be determined as follows:
For excavations of 1,000 square feet or less, $150;
For excavations of 1,000 square feet or more, actual costs.
The cash, minimum and general deposits described in Subsections (f) and (g) of this section are not in lieu of, but additional to, Street Damage Restoration Fees required to mitigate and offset shortened pavement life resulting from street excavations.
(h) Surety Bonds. Whenever a cash deposit in the amount of $1,000 or more is required, the applicant may post in lieu thereof a good and sufficient surety bond in an amount equal to or in excess of the amount of said cash deposit. Such bond shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City of Los Angeles, shall be executed by a reliable surety company satisfactory to the City, and shall guarantee the payment to the City of all charges provided therefor in the latest fee schedule adopted by the Board pursuant to Section 62.05(b)1 and in effect and the faithful and proper performance of all work to be done pursuant to the permits issued in accordance with this section.
(i) Deposits Not Required.
1. Governmental Agencies. The Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government will not be required to post a deposit as a condition precedent to the issuance of a permit under the provisions of this section.
2. Government Contracts. Contractors or subcontractors performing work for such governmental agencies under contract will not be required to post a deposit as a condition precedent to the issuance of a permit under the provisions of this section unless personnel under the jurisdiction of the Board are required to perform engineering, inspection, testing, resurfacing, or any other work in connection with any excavation to be made.
3. Waiver. The Board may waive the requirement of posting a deposit as a condition precedent to the issuance of a permit under the provisions of this section to a public utility regulated by the Public Utility Commission of the State of California provided that such utility files with the Board an undertaking satisfactory to the Board which provides that such utility will assume liability for any and all costs incurred in restoring the street or public place to a condition satisfactory to the Board.
4. Compliance Required. The substitution of a general for a special deposit, the waiving of the deposit requirement, or the exemption from the posting of a deposit does not relieve any person from any requirement of filing a written application for a permit for any excavation and the compliance with all other provisions of this section. Nor does waiving the deposit requirement, allowing for the substitution of a general deposit for a special deposit, or the obtainment of any exemption from the posting of a deposit exempt any entity, agency, utility, department, bureau, or officer of this City from payment of the Street Damage Restoration Fee.
(j) Liability Insurance.
1. Required. A permit to excavate in accordance with the provisions of this section shall not be issued until the applicant has filed with the City Engineer, in duplicate, a policy of protective liability insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its departments, officers, and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, pursuant to the permit.
EXCEPTION: The Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government, or any contractor or subcontractor performing work under contract for such agencies will not be required to post a policy of protective liability insurance as a condition precedent to the issuance of a permit under the provisions of this section.
2. Amounts: The policy of insurance shall provide coverage as follows:
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate product and completed operations
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits.
3. Coverage. Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved.
4. Deposit or Bond Required Where Lateral Support is Imperiled. In cases where excavation on adjacent private property imperils the lateral support of a public street, or improvements or property therein, in addition to providing insurance covering property damage, the permittee must post with the Board a deposit of cash or negotiable United States Treasury Certificates, or a surety bond in an amount determined by the Engineer to be adequate to cover the risks involved. If a bond is posted it shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City of Los Angeles and shall be executed by a reliable surety company to the City and shall guarantee payment to the City of all loss or damage sustained by the City by reason of the excavation. The bond or deposit shall be effective for the period the excavation remains open and for two years thereafter; or in the case where an excavation is to remain permanently open, the bond or deposit shall be effective for a period of excavation and placement of the permanent support, if any, and for two years thereafter. When conditions permit, if the risks after backfilling the excavation are reduced, the amount of the bond or deposit required to be maintained during the two-year period following the backfilling of the excavation may be for a lesser amount to be determined by the Board. Nothing in this paragraph is to be construed as relieving the applicant for such permits from the requirement of providing liability insurance covering bodily injury.
5. Waiver. The Board may waive the requirement of posting a policy of protective liability insurance as a condition precedent to the issuance of a permit under the provisions of this section to a public utility regulated by the Public Utility Commission of the State of California provided such utility files with the Board an undertaking satisfactory to the Board which provides that such utility will assume liability for all judgments arising out of claims against the City, and its officers and employees while acting within the scope of their duties, which claims arise out of or are sustained in connection with the operations of the utility or any contractor or subcontractor of the utility pursuant to the permit. This undertaking and the undertaking to be filed in connection with the waiving of the deposit requirement may be combined into a single document.
(k) Contents of Permit.
1. Name and Address. The permit shall state the name, complete address, and telephone number of the person to whom the permit is issued.
2. Location and Purpose of Excavation. The permit shall state the name of the streets and the particular portions thereof to be excavated, and the purpose and extent of such excavations.
In the case of permits for the purpose of drilling leakage detection holes for the purpose of making service connections or the inspection and repair of existing installations, the location and extent of such holes shall be specific, but such Permittees are required to submit monthly reports on the location of all such holes planned to be drilled prior to such drilling occurring.
3. Special Deposits. In cases where a special deposit has been made in connection with the permit, the permit shall state the amount of such deposit.
4. Hours of Work and Safety Measures. In cases where an excavation is to be made in a street designated by the Board as an important traffic artery, or elsewhere when the Board determines that the same is practicable and in the public interest, the permit may state the dates and hours during which all work is required to be done and the measures required to be taken to avoid or minimize traffic delays and inconvenience and danger to the public.
5. Backfilling Requirements. When the City Engineer determines that such is necessary, the permit shall specify the backfill material and or backfilling method to be used; and may also require that the installation be made by other than open cut methods.
6. Special Inspection. The permit may specify such special inspections as the Board determines are necessary to insure full compliance with the terms of the permit and the provisions of this article.
(l) Compliance With Conditions of Permits Required. No person shall fail, neglect, or refuse to comply with any term or condition contained in any permit issued under the provisions of this section.
(m) Duration of Permit. Every permit issued under the provisions of this section shall expire unless excavation to be made pursuant thereto are commenced within six months from the date of issuance of such permit and the work is thereafter diligently prosecuted to completion. No extensions of time for commencement of work beyond the six-month period will be granted. If the excavation is not commenced within six months from the date of issuance of the permit, the permit will be canceled, and a charge therefor will be made as provided in Subsection (c) of Section 62.05.
(n) All agencies, entities, utilities, departments, bureaus and officers of the City maintaining facilities and structures under the surfaces of public roadways will have access to the annual resurfacing and reconstruction program as established by the Department of Public Works, Bureau of Street Maintenance. It shall be the responsibility of the affected utility, agency or department to plan, schedule and coordinate its work to preclude the necessity of excavating into City streets where feasible and to minimize the number of excavations being made into City streets.
(Amended by Ord. No. 150,478, Eff. 2/6/78.)
(a) Restricted Area. The area in a street between the face of an existing or future curb and four feet back of such curb face is reserved for use by the Department of Public Works. Installation of facilities within, or other use of, this area will not be permitted except as provided herein. The Board may issue permits as provided in Section 62.02 for installations in or use of this area. Such permits are subject to revocation by the Board at any time it becomes necessary to construct a public work of any kind within the area.
EXCEPTION: Restriction on the use of such area will not apply to service connections, meters, pole installations, or City-owned facilities used for governmental purposes. However, the installation of poles may not be permitted, or poles being maintained in street areas may be ordered removed, when territory adjacent to such street is provided with a public alley or with an easement or private right of way specifically set aside for the purpose of erecting poles therein.
Poles which are erected and maintained in streets shall be set as close as practicable to the back of the curb unless some other point is approved or designated by the Board.
(b) Depth of Substructure Installations. (Amended by Ord. No. 150,478, Eff. 2/6/78.) All service pipes, main line pipes, conduits, ducts, tunnels, or other structures, except manholes and vaults, shall be installed in a manner so that all parts thereof located:
(1) in a roadway or alley are at a depth of at least 24 inches below the established grade of the gutter of such roadway or alley;
(2) in the roadway of a major or secondary highway are at a depth of at least 30 inches below such grade;
(3) in an area back of an existing or proposed curb in any public street, place or easement are at a depth of at least 16 inches below the surface.
Notwithstanding the above requirements, any such new or relocated installation intended to carry unstable substances shall be constructed at a depth of at least 42 inches below the established grade of the gutter of such roadway or alley.
EXCEPTION: If, by reason of the existence of other installations or the proposed construction of any public work, a proposed installation cannot be made below the minimum depths stated above, the Board may, upon presentation of evidence of the necessity therefor or because of the public benefit to accrue therefrom, grant a permit for an installation at a lesser depth.
(c) Tanks.
1. Permits Required. No person shall install any storage tank in any public street without obtaining a permit from the Board to do so in compliance with the provisions of Section 62.02.
The issuance of a permit by the Board to excavate in a public street for the purpose of installing an underground storage tank in no way relieves such permittee of the necessity of obtaining an additional permit for such installation from the Fire Department and complying with all applicable provisions of Article 7 of Chapter 5 of this Code.
2. Agreement to Remove. Permission to maintain a tank in a public street may be revoked by the Board at any time, and upon such revocation, the tank shall be removed. As a condition precedent to the issuance of a permit to install such a tank in a public street, the applicant shall record with the County Recorder of the County of Los Angeles an agreement, approved as to form by the City Attorney, holding the City harmless from any claims arising out of the use of such tank, and setting forth the duties and responsibilities of the owner of the adjacent property to remove the tank without expense to the City when so ordered by the Board. Such agreement shall be a covenant running with the land and binding upon the owner and his successors, heirs and assigns.
3. Abandonment of Tanks in Place. When not contrary to the public health, safety or welfare, the Board may allow the installation to be only partially removed, and the balance to be abandoned in place, or may permit an unused tank to be filled as provided in Article 7 of Chapter 5 of this Code, and to be abandoned in place.
4. Board May Remove or Abandon Tanks. If within 20 days after service by the Board of a notice to remove or fill an underground storage tank, the owner or his heirs, successors, or assigns as the case may be, fails, refuses, or neglects to remove or fill such tank, as directed by the Board, the Board may perform the necessary work and recover the cost of the work from such person.
5. Maximum Capacity of Tanks. The maximum capacity of any storage tank that may be installed in a public street is 4000 gallons.
(d) Tunnels.
1. Rights of Franchise Holders. No tunnel structure shall be constructed in any location or any manner which will prevent the lawful use or occupation of a street by persons occupying it under the authority of lawfully existing franchises.
2. Inspection of Tunnels. Every tunnel structure constructed shall be subject to inspection at all times by the City Engineer and the Board.
3. Revocation of Permission to Maintain Tunnels. Permission granted for the construction of a tunnel structure in a public street may be revoked by the Board at any time; and the City reserves the right to resume possession of any portion of any street occupied by a tunnel structure at any time the Council determines that such is necessary or advantageous to the use of the street by the City.
4. Installation of Machinery in Tunnels. Machinery, boilers, or engines shall not be placed in any tunnel structure constructed under the surface of any street except that, subject to the approval of Council, conveyor systems may be installed within such tunnel structures.
(e) Location Maps and Plans. (Amended by Ord. No. 150,478, Eff. 2/6/78.) The person owning, using, controlling or having an interest in any subsurface installation, other than a service connection, in any public street shall file with the City Engineer within 60 days after the completing of such installation, a corrected set of maps or atlas sheets showing the installation. Such map shall be drawn to a scale of not more than 200 feet to the inch.
In the event such subsurface installation is for the purpose of carrying an unstable substance, as-built plans and profiles, showing the location, depth and size of the completed installation, in a manner acceptable to the City Engineer, shall also be submitted within said 60-day period.
Whenever such subsurface installation in a public street or sidewalk is abandoned or the use thereof is discontinued, the person owning, using, controlling or having an interest therein shall, within 60 days after such abandonment, file with the City Engineer a map showing in detail the location of the abandoned installation.
(Added by Ord. No. 150,478, Eff. 2/6/78.)
Each permittee shall ascertain the location of any subsurface installation within the street at or adjacent to the location of the permittees proposed excavation and shall further ascertain whether any such installation carries an unstable substance. Before any work of excavation is commenced, the permittee shall, at least two working days before the commencement of such work, notify the owner of any subsurface installation as to the location of the permittees proposed excavation and the date and time when work is scheduled to commence, or shall notify any central clearing house established for such purpose, or both, as such notification may be directed by the City Engineer.
In the event the proposed excavation is ascertained to be adjacent to and within six feet of the location of a subsurface installation carrying any unstable substance, the permittee shall cause potholes to be excavated as follows:
1. Where any such subsurface installation crosses a street transversely at the location of the proposed excavation, at least two potholes shall be excavated at each such transverse crossing; and
2. Where any such subsurface installation runs longitudinal to the street, potholes shall be excavated at intervals of 100 feet.
Potholes shall be excavated at closer intervals than 100 feet or in excess of the minimum number required at transverse crossings if such additional potholes are needed in order to adequately locate any such subsurface installation. Power tools shall not be used for excavating potholes except for breaking pavement. Other approved locating methods may be substituted for potholing provided that the permittee has first obtained written permission therefor from the City Engineer.
The permittee shall hold harmless and indemnify the City, its officers agents and employees of and from any and all liability or responsibility for any property damage or loss or injury or death to any person arising out of or occurring as the proximate result of any of the excavation.
(Added by Ord. No. 175,014, Eff. 1/29/03.)
The following Above Ground Facilities Specifications and Procedures (AGFSP) shall govern the approval process for the installation of above ground facilities (AGFs) in the public rights-of-way.
I. AGF Definition: The AGF shall be defined as all structures, cabinets, electric meters, and any other appurtenance installed for telecommunication or utility purposes above surrounding grade in the public rights-of-way. For the purposes of reviewing allowable AGF Applications, all structures, cabinets, electric meters, and any other appurtenances that share a common structural foundation shall be defined as one AGF. All structures, cabinets, electric meters, and any other appurtenances required to operate a facility, but that do not share a common structural foundation, shall be considered a separate AGF installation. The number of separate AGF installations shall be based on the number of separate structural foundations installed when the facility is fully operational.
ADA: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA includes a wide range of legislation intended to make American Society more accessible to people with disabilities. It is divided into five titles, one of which is Public Accommodations (Title III). Title III states that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.
Design Review Board: In approximately one-third of the Citys Specific Plans, development plans must be reviewed and approved by a Design Review Board. This Board is composed of members appointed pursuant to Section 16.50 of the LAMC.
Major Highway: A Major Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Major Highway is projected to carry more than 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 104' or greater and includes a 12' wide sidewalk/parkway, 13' curb lane, 4 to 6 full-time through lanes, 2 part-time parking lanes, and I median/left turn lane.
Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
Public Rights-of-Way: Land that is dedicated for public use including but not limited to: improved public streets, sidewalks, curbs, gutters, public utility easements, parkways. etc., as well as dedicated unimproved areas.
Secondary Highway: A Secondary Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Secondary Highway is projected to carry between 20,000 and 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 90' and includes a 40' wide sidewalk/parkway, 19' curb lane, 4 full-time through lanes, all-day parking, and I median/left turn lane.
Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
Utility Pole: A utility pole is defined as any pole which is used to support power, telephone, or other suspended telecommunications wires, and shall not include monopoles or antennas.
II. General Restrictions:
A. Below Grade Requirement: All AGFs shall be installed below surrounding grade in each of the following areas:
1. City Planning Specific Plans (SP) as defined in LAMC Sec. 11.5.7 unless specifically exempted by the Board of Public Works.
2. Historical Preservation Overlay Zones (HPOZ) as defined in LAMC Sec. 12.20.3.
3. Areas adjoining sites that have been designated as having historic significance. Historic sites are those identified as ZI 145-XXXX on the City of Los Angeles Zoning Map.
4. Areas adjoining Open Space (OS) Zones as defined in LAMC Sec. 12.04.05.
5. Along Scenic Highways as designated in the Transportation Element of the General Plan as developed by the City of Los Angeles City Planning Department.
6. Pedestrian Oriented Districts (POD) as defined in LAMC Section 13.07.
7. Community Design Overlay Districts (CDO) as defined in LAMC Section 13.08.
8. Areas that have been designated by the Board of Public Works, upon the recommendation of the City Council, as underground AGF areas. The Board of Public Works may make this designation only in areas where all existing AGFs, as defined in Parts I. and IX.C, are currently underground or are required to be installed underground by law or contract. (Added by Ord. No. 175,366, Eff. 9/1/03.)
B. Hardship Waiver: The provisions of Section II.A requiring installation of AGFs below grade may only be waived if the Board of Public Works finds that hardship would result from the imposition of these requirements. Hardship occurs when placing the AGF below grade is technically or financially infeasible and all reasonable alternatives have been exhausted. The Bureau of Engineering shall process an application for a hardship waiver within 45 days of submission. The 45-day process deadline shall commence when BOE verifies the application is accurate and complete.
If the proposed AGF is located within an applicable SP, HPOZ, POD, or CDO, the applicant shall first submit an application to the City of Los Angeles Planning Department for approval. The Planning Department approval shall be based on the recommendations of the appropriate Design Review Board or HPOZ Board and must be obtained prior to submittal of the hardship waiver request to the Bureau of Engineering (BOE). The City Engineer, upon request of the Review Board or City Planning, shall participate in any public meetings pertaining to an AGF installation hardship waiver in an advisory role regarding BOE Policy and the AGFSP.
C. Board Reports on Waiver Requests: BOE staff shall prepare a Board Report regarding the application for a hardship waiver for consideration by the Board of Public Works. The Board Report shall include all of the following:
1. A report prepared by the applicant detailing the technical infeasibility of complying with the AGFSP. If the applicant alleges financial infeasibility, a report prepared by the applicant detailing the financial infeasibility of complying with the AGFSP, including details on the estimated comparative cost of constructing the AGF aboveground and underground.
2. A report prepared by, BOE that documents all comments received by those parties notified per Section VIII.D, including the Council District Office in which the AGF installation is proposed.
3. A report prepared by the applicant containing evidence of the investigation of all reasonable private property alternatives and justification for not selecting any of those alternatives, if the proposed facility is within 200 feet of a commercial or manufacturing zone, C2, C4, C5, CM, MR1, M1, MR2, M2, and M3, as defined by LAMC Sections 12.14, 12.16, 12.17, 12.17.1, 12.17.5, 12.17.6, 12.18, 12.19, and 12.20, respectively. At least two private property alternatives must be documented to satisfy this requirement.
4. A map prepared by the applicant indicating the service area for the proposed AGF, which demonstrates that no less than 50% of the AGFs benefit shall be specifically intended to service customers in the restricted area.
5. A statement by BOE Staff that the applicant has completed all other requirements of the AGFSP, including copies of any reports or comments from the Planning Department.
D. Above Ground Allowance: The AGF may be located above surrounding grade in the public rights of way in all locations not falling under the restrictions of Section II.A. All AGF applications for locations outside the restricted areas shall be subject to all other applicable requirements of the AGFSP.
III. Permit Requirements for AGF Installations:
A. Requirements for Utilities: All excavations in and adjacent to streets require a excavation permit per LAMC Sec. 62.02. Entities that have the authority to occupy the public rights-of-way by virtue of a state granted certificate of Public Convenience and Necessity shall comply with the AGFSP and obtain a Utility Permit to install an AGF. Compliance with the AGFSP and approval of the Utility Permit are required prior to the start of any AGF installation work.
B. Requirements for Non-utilities: Entities that do not have the state authority to occupy the public rights-of-way, shall comply with the AGFSP and obtain a Revocable Permit and Excavation Permit to install an AGF. Compliance with the AGFSP and approval of the Revocable and Excavation Permit are required prior to the start of any AGF installation work.
C. AGF Installation Requirements: An applicant may apply for one to ten AGF installation permits per Utility, Revocable, and/or Excavation Permit application. The Bureau of Engineering shall process the first AGF permit request within 30 days of submission, and may take up to two additional days for each additional AGF permit request submitted as part of the application. The 30 day deadline shall commence when BOE verifies the permit request is accurate and complete. The review period may be extended as necessary if the permit application includes hardship waivers or variances, as described in Section II.B, Section V.B, and Section V.H. The request for an AGF installation permit shall be deemed complete upon submission of the following:
1. Site and or Landscaping Plan to scale, elevation drawings, before installation photographs showing the location of the proposed AGF, renderings of the installed AGF with appurtenances including power meter boxes and surrounding landscaping elements. Also required are specifications and dimensions pertaining to existing street improvements, parkway alignment, proximity to buildings, view corridors, potential noise levels, and details necessary to determine compliance with the aesthetic and public safety requirements of the AGFSP.
2. Identification of structures, cabinets, electric meters, or any other appurtenance proposed to be installed above the existing surrounding grade.
3. Mailing address labels of adjoining lots, abutting lots, lots across the public right-of-way from adjoining and abutting lots as defined in Attachment A, * relevant Council District Offices, neighborhood councils, and homeowner associations.
4. The zoning regulations of adjoining lots promulgated by the City of Los Angeles Planning Department and the number of existing AGFs in the city block in which the AGF is proposed.
5. Cultural Affairs Commission (CAC) approved AGF model with cabinet treatment details, cabinet dimensions and AGF volume size.
6. The name and address of the AGF owner, contact telephone numbers, the address, and location of the AGF installation, and any other information pertaining to the maintenance of the AGF.
7. Graffiti Mitigation Plan as defined in Section V.E.
IV. Permit Fees:
A. Deposit: A deposit in the amount of $1,000 per AGF installation permit shall be made by the applicant to cover the cost of processing AGF permits prior to the start of permit processing. BOE staff shall create a Work Order and credit the deposit amount to the Work Order. If charges by BOE Staff exceed the deposit amount, the applicant shall deposit additional funds to continue permit processing.
B. Hardship Waiver Deposit: Due to the additional time and effort required to review a hardship waiver request, an additional $1,000 deposit shall be submitted for each hardship waiver.
C. Charges: City staff time used to process permit applications containing AGF installations, variance requests, and AGF mapping shall be charged to the AGF applicant Work Order.
Specifications
V. Aesthetic Requirements:
A. Visual Impact: The applicant shall demonstrate that the AGF installation site meets the aesthetic requirements of the AGFSP. The AGF installation should not obstruct street scape views, view corridors existing in the public rights-of-way, view corridors of neighboring lots, or view corridors from the public rights-of-way.
B. AGF Volume Threshold: The AGF shall have a maximum volume threshold of thirty-six (36) cubic feet. The AGF volume shall include the combined volume of all cabinet enclosures that share a common foundation or platform. The AGF volume shall not include the volume of the foundation or platform supporting the cabinet that is above the existing surrounding grade. The maximum AGF height shall be five and one-half feet (5' 6"). The minimum AGF height shall be two and one half feet (2' 6"). The Board of Public Works may grant a variance from the AGF volume and height limitation if all of the following conditions exist:
1. Suitable measures consistent with the aesthetic guidelines of this report mitigate the excessive AGF volume.
2. The applicant demonstrates that no financially or technically acceptable alternative exists that complies with Section V.B.
3. The cabinet design has been approved by the Cultural Affairs Commission.
BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission. The 35-day deadline shall commence when BOE verifies the variance request to be accurate and complete. In cases where multiple variances are requested, the BOE make take up to five additional days for each additional variance request.
C. Parkway Alignment: The AGF should be placed in proximity to and in line with existing power poles, street light fixtures, street signs and other structures within the parkway to create an aesthetic and unobstructed alignment. The AGF shall not be placed in such an alignment if the installation blocks the line of sight for vehicles exiting adjacent alley intersections or driveways.
D. Landscape Considerations: For AGFs installed in a parkway, the AGF owner shall install landscaping immediately surrounding the installation or restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing landscaping in the parkway. For AGFs installed in the public rights-of-way in an area where no sidewalk exists, the AGF owner shall install landscaping immediately surrounding the installation and restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing surrounding landscaping. All new landscaping shall be installed and maintained for the purpose of screening or camouflaging the AGF, and to create an aesthetically pleasing appearance. An automatic irrigation system shall be installed or modified to sustain landscaping when necessary. If an automatic irrigation system is not feasible, the applicant may submit an irrigation plan with the application. The irrigation plan shall include manual watering intervals and a guarantee to replace any vegetation that does not survive. All landscaping shall be installed and maintained in conformance with pedestrian passage Sections VI.A, VI.B, and VI.C. Landscaping shall not be required for AGF installations located in existing full-width sidewalks.
E. Cabinet Treatment and Graffiti Mitigation: The AGF shall be a color similar to the existing surrounding landscape. The exterior of the AGF shall resist graffiti or be painted with anti-graffiti paint and be maintained in a like-new condition at all times. The applicant shall submit a Graffiti Mitigation Plan (Plan) detailing how the AGF owner will maintain the AGF free from graffiti and other defacements (i.e. stickers, posters). The Plan shall require AGF inspection at a minimum of four (4) times each year and include identification of the resources dedicated to mitigating graffiti. Additionally, the Plan shall provide the name, mailing address, phone number, and E-mail address for a single point of contact responsible to resolve graffiti issues. The Plan shall clearly state that AGF surfaces shall be restored to their original exterior appearance.
F. Cabinet Identifiers: For the purpose of active monitoring by City personnel, residents, and other telecommunications companies, the following information shall be clearly indicated on all AGFs:
1. A toll-free telephone number for the AGF owner.
2. The AGF registration, number issued by the BOE pursuant to Section X.F.
G. Cabinet Foundations: Concrete pads shall be a color that is consistent with adjacent surrounding sidewalks. Concrete pads installed in full width sidewalks, shall be constructed per design plan and shall join to the nearest score line of the existing concrete pavement. For installations where there is no existing sidewalk, concrete pads shall be an earth-tone color that is consistent with existing surrounding earth. Any slough walls constructed to protect an AGF installation shall be an earth-tone color consistent with the existing surrounding soil.
H. Density Threshold: The area between the two adjacent intersections of two sets of intersecting streets shall be defined as a city block, including sidewalks on either side of the street. Accordingly, the maximum number of AGF installations in the public right-of-way per city block shall be as follows:
1. For city blocks in which the two adjacent intersections are less than 1000 feet apart, the threshold is three (3).
2. For city blocks in which the two adjacent intersections are equal to or greater than 1000 feet apart, the threshold is three (3), plus a maximum of one (1) additional AGF for every additional 250 feet of adjacent intersection separation.
3. In Parking zones (LAMC 12.12.1) and Industrial zones (LAMC 12.17.5 - 12.20), there is no AGF threshold per city block.
All facilities exempt from the AGFSP shall not be counted in the number of AGF installations per city block. The Board of Public Works may grant a variance from the AGF density threshold per city block at its discretion when the threshold is reached and when measures consistent with the AGFSP mitigate the excessive number of AGF installations. AGF co-location may be required as a mitigation measure. The BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission and, in cases where multiple variances are requested, may take up to five additional days for each additional variance request. The 35 days deadline shall commence when BOE verities the density variance request is accurate and complete.
VI. Public Safety Requirements:
A. Major and Secondary Highway Pedestrian Passage: In public rights-of- way that have a Major Highway or Secondary Highway Street designation and an existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum six (6) feet unobstructed distance between the edge of cabinet and the property line. The six (6) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than six-feet wide, additional concrete sidewalk shall be constructed to provide a minimum six (6) feet wide paved sidewalk between the edge of cabinet and the property line.
B. Non-Major and Non-Secondary Highway Pedestrian Passage: In public rights-of-way that have the street designation other than Major Highway or Secondary Highway, and that have existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum four (4) feet unobstructed distance between the edge of cabinet and the property line. This four (4) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than four feet wide, additional concrete sidewalk shall be constructed to provide a minimum four (4) feet wide paved sidewalk between the edge of cabinet and the property line.
C. Pedestrian Passage Distances: In public rights-of-way of all street designations with no existing sidewalk pavement, the AGF shall be located in the parkway such that a four (4) feet unobstructed distance is provided for pedestrian passage by one of the following:
1. When there is no curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the edge of pavement, or
2. When there is a curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the curb face, or
3. A minimum four (4) feet unobstructed distance between the edge of cabinet and property line.
D. Minimum Curb Face Distances: The AGF shall have a minimum 18-inches unobstructed distance from edge of cabinet to curb face. In areas where no curb face exists, the AGF shall have a minimum four (4) feet unobstructed distance from the edge of cabinet to edge of pavement.
E. Vehicular Line of Sight and Sight Distance: The AGF shall not be located in the visibility triangle, defined as that portion of both public right-of-way and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway. The AGF shall not be located adjacent to driveways and alley intersections where they would reduce the sight distance for exiting vehicular traffic to less than two hundred (200) feet.
F. Proximity to Buildings, Houses, Structures: The AGF shall not be located immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage. The AGF shall not obstruct pedestrian passage from private property to the public right-of-way.
VII. Future Street Improvement Requirements: BOE staff shall determine the status of future street improvements for a proposed AGF installation and provide this information to the applicant. Applicants are hereby notified that future street lighting conduit installation may occur under a proposed AGF installation if the AGF foundation is located within four (4) feet of the distance from the curb face. Street lighting conduit is normally placed within a four (4) feet distance from the curb face. In general, AGF installations should not be located in areas proposed for future street improvements. However, if necessary, AGF installations may be allowed in areas designated for street improvement. All AGF owners, shall be responsible for the cost of relocation of their AGFs and appurtenant facilities in conflict with any future street improvement or driveway installation initiated by the City, unless the improvement is required as a condition of a permit issued to a developer.
Procedures
VIII. Permit Processing Requirements and Procedures:
A. Field Investigation Requirement: BOE Staff shall conduct a field investigation of proposed AGF installations in the following cases:
1. If the proposed AGF is a hardship waiver.
2. If the proposed AGF application contains a request for a variance from the AGF volume, height, and/or density threshold limits.
3. If opposition to the proposed AGF is received by BOE from any person or organization notified per Section VIII.D.
In all other cases, BOE staff reserves the right to conduct a field investigation of any AGF installation on a case-by-case basis. The purpose of the field investigation shall be to determine the best AGF location consistent with the AGFSP, to consider the feasibility of locating on private property and to consider locating the AGF in the public right-of-way below surrounding grade.
B. Joint-Trenching Review Requirement: All AGFs that require trenching for the installation of substructure components shall be subject to joint trenching following a Utility Permit Joint-Trenching Review process:
1. Where the City or the applicant becomes aware that 2 or more applicants propose construction in the same street or general vicinity. This requirement will be reviewed and evaluated by BOE and DOT Staff and modified based on rights-of-way conditions.
2. AGF installations that qualify for joint-trenching shall modify their substructure designs to accommodate the trench alignment selected by BOE Staff.
C. BOE Approval: BOE staff shall approve the AGF installation permit if the following conditions have been met: The Field Investigation Requirement, Section VIII.A and the Joint Trenching Review Requirement, Section VIII.B have been satisfied; the Board of Public Works has approved all appropriate variances; and the installation is in compliance with all other provisions of the AGFSP.
D. Notification of AGF Installation: For each proposed AGF installation, the applicant shall notify all, persons and organizations identified in Section III.C.3, via registered mail, of the proposed AGF. The notification shall identify whether or not the applicant is requesting a variance, and shall include information regarding the specific AGF location and cabinet design. A contact person and phone number for the applicant shall also be listed. If the applicant is requesting a hardship waiver as per Section II.B., the notification shall also include the name, phone number and address for the appropriate BOE staff, as provided by the department.
Following consideration of the applicant s permit request by BOE, the applicant shall notify all persons and organizations identified in Section III.C.3 of the status of the application. This notice shall include the BOE Approval or Disapproval, and language provided by the BOE detailing the AGF appeal process available to property owners. BOE staff and Council District offices shall maintain a list of representative homeowner associations. Notification to multi-unit buildings shall be made to the property owner or the on-site property manager.
E. Appeal of BOE Determination to Board of Public Works: The BOE determination shall be subject to appeal by the property owners and/or occupants specified in Attachment A * and pursuant to the procedures established in LAMC Section 62.03.4(l). If no appeals are submitted to the BOE within 14 calendar days of the date of notification, the BOE determination shall be final. The appeal of a BOE determination shall be heard by the Board of Public Works at a regularly scheduled public meeting. The Board of Public Works shall determine whether an error or abuse of discretion has occurred.
F. AGF Mapping: To assist the industry with the requirements specified in this AGFSP, the City shall make available information on City Planning Specific Plans, Historical Preservation Overlay Zones, Historic Sites, Open Space Zones, Pedestrian Oriented Districts, Community Design Overlay Districts, and Scenic Highways. The City shall also provide online information showing all AGF installations, the AGF registration number assigned to the AGF installation, and other pertinent data. The area of mapping shall be limited to the boundaries of the City of Los Angeles.
G. Removal of Facilities: Facilities which have not served a customer for 90 days shall be deemed unused and removed in a timely manner as stated in Section IV.E (Non-Compliance) and Section IV.E.6 (Failure to remove obsolete or unused AGF installations). The cost of AGF removal shall be the responsibility of the AGF owner.
IX. Exemptions from the AGFSP:
A. Installations on Private Property: AGF installations on private property shall be exempt from the AGFSP but subject to discretionary review by the Department of City Planning. (See Ordinance 174,132 amending LAMC Sections 11.5.7, 12.04.05, 12.04.09, 12.12.1, 12.12.1.5, 12.17.6, 12.21, 12.24.)
B. Installations Below Existing Grade: Facilities installed in the public rights- of-way that do not have a structure, cabinet, electric meter, or other appurtenance above the existing surrounding grade shall be exempt from the AGFSP. Facilities installed below existing surrounding grade in the public rights-of-way shall be subject to BOE Utility, Excavation, and/or Revocable permit requirements.
C. Pole-Mounted and Public Facilities: Pole-mounted and street light-mounted facilities, fire hydrants, air/vacuum valves, street light poles, utility poles, and traffic and pedestrian control fixtures are not subject to the AGFSP, but will be subject to all other applicable requirements of law, including, but not limited to, the Joint Pole Agreement (JPA), the Department of Water and Power guidelines, and the Bureau of Street Lighting rules and regulations.
D. Other: Temporary water service AGFs, sampling taps, dissipaters, water control appurtenances associated with water regulator stations, water flow meters, and water valves, and vent stacks related to maintenance holes and vaults shall not be subject to the AGFSP, except for the pedestrian passage retrofit requirements in Section X.B. These facilities may also be subject to other BOE permit requirements.
E. The below grade requirements of Section II shall not apply to electric meters and telecommunications tie-in facilities installed to comply with the requirements of that section.
X. Applicability to Existing AGF Installations:
A. Upgrade or Repair of Existing AGFs: All existing AGFs installed prior to the adoption of the AGFSP that need to be upgraded or repaired, shall be subject to these Specifications and Procedures if the upgrade or repair causes the AGF volume to increase by more than 10%.
B. Pedestrian Passage Retrofit Requirement: All existing AGFs, including those identified in Section IX.D, which were installed prior to the adoption of the AGFSP, shall be modified, retrofitted, or relocated to provide a minimum three (3) feet of unobstructed distance for pedestrian and wheelchair passage except in the following areas:
1. Public right-of-way areas adjacent to MR1, M1, MR2, M2, and M3, as defined in LAMC Section 12.04.
2. Public rights-of-way with no existing sidewalk pavement, or where the slope of the existing sidewalk is 5% or greater.
3. Hillside Areas, as defined by LAMC Section 12.03.
C. Annual Retrofit Limits: All existing non-compliant AGFs shall comply with Section X.B within five (5) years of the adoption of this ordinance. During any 12-month period, each individual company shall relocate 20% of its initial total non-compliant AGFs or thirty (30) non-compliant AGFs, whichever is greater, to comply with the pedestrian passage provisions of this AGFSP. The Bureau of Engineering shall be responsible for coordinating with Council offices and City departments for prioritizing AGF relocation needs, with preference given toward locations with higher pedestrian traffic density or near public facilities, and submitting these requests to the respective companies. Upon notification from the City, an AGF owner shall have 180 days to complete the relocation. Non-compliant AGFs relocated pursuant to this section shall not be subject to the remaining provisions of the AGFSP, provided that the replacement AGF is located within 500 feet of the original AGF and the volume is not increased by more than 10%.
D. Pedestrian Passage Compliance: Owners of existing AGFs shall be considered in compliance with the requirements of Section X.B when the conditions of Section X.C are met. In the event an AGF owner is in default with the conditions in Section X.C, compliance with the requirements of Section X.B shall take effect immediately and all provisions of Section IV will apply.
E. Graffiti Mitigation and Cabinet Identification: Existing AGFs shall be subject to all requirements stated in Sections V.E and V.F. Compliance with the requirements of this section shall be required no later than July 1, 2003.
F. AGF Locations: Owners of existing AGFs shall submit to the BOE a geographic location identifier (geocode) for all existing AGF installations within the City of Los Angeles. The BOE will issue a registration number for each such AGF. Compliance with the requirements of this section shall be required no later than March 31, 2003. New AGFs will be assigned a registration number at the time the AGF installation permit is issued. A registration fee, established by the Board of Public Works, may be assessed to implement the provisions of this section.
(Added by Ord. No. 175,014, Eff. 1/29/03.)
I. Any person that violates the Citys Above Ground Specifications and Procedures shall be subject to the monetary fines established by this Section.
II. Failure to Comply: An AGF owner shall be subject to a fine of $500.00 per day, every calendar day for each AGF installation found to be in non-compliance with the AGF Specifications and Procedures. The maximum cumulative fine for noncompliance shall be $10,000 per AGF.
The AGF owner shall be provided written notice that contains the location of the AGF installation, a description of the noncompliance, and a demand to comply within fourteen (14) calendar days of the written notice.
Failure by the AGF owner to take corrective action or respond within fourteen (14) calendar days shall result in the imposition of the fine for non-compliance. The following specific requirements of the AGF Specifications and Procedures shall be subject to the fine:
A. Failure to obtain a valid Utility Permit prior to the installation of an AGF. (Paragraph III, A. & B.)
B. Failure to install an AGF in conformance with the AGF Specifications and Procedures. (Paragraph III, C.)
C. Failure to properly maintain landscaping designed to screen the AGF installation. (Paragraph V, D.)
D. Failure to remove graffiti and posters from AGF cabinets. (Paragraph V, E.)
E. Failure to properly maintain AGF cabinet paint or surface treatment. (Paragraph V, E.)
F. Failure to remove obsolete or unused AGF installations. (Paragraph VIII, H.)
G. Failure to modify, retrofit, or relocate AGF installations that violate pedestrian passage requirements. (Paragraph X, B.)
III. Excessive Non-Compliance: In cases where a specific AGF is found to be non-compliant more than three (3) times, the AGF will be deemed in excessive non-compliance. This determination shall result in the placement of a hold on all current and future Utility, Revocable, and Excavation Permits issued to the AGF owner until corrective action is taken and a revised mitigation plan is approved by the Board of Public Works.
(Added by Ord. No. 175,014, Eff. 1/29/03.)
I. Pursuant to paragraph VIII, E., AGF owners and concerned parties may appeal a ruling regarding the installation of AGF. Such an appeal shall be filed with City, in writing, within fourteen (14) calendar days of the date of any ruling regarding the installation of a AGF. A fee of $100 will be assessed to pay for the administrative costs required by the filing of the appeal.
The appeal by the AGF applicant may pertain to the entire Bureau of Engineering (BOE) Recommendation regarding all their AGF applications. Appeals submitted by other concerned persons are limited to individual AGF installation sites that concern them.
II. Non-Compliance Appeal: AGF owners cited for non-compliance may appeal the determination to the Board of Public Works (or designee appointed by the Board of Public Works). Such appeals shall be submitted in writing within ten (10) calendar days of the written notice of non-compliance. No fee shall be charged to appeal a notice of non-compliance. If the maximum $10,000 Non-Compliance Fine is imposed and the AGF owner fails to comply with the written notice of non-compliance, the non-compliant AGF shall be subject to further action. Further action may include the immediate removal of the noncompliant AGF by the City at the direction of the Board of Public Works. All costs incurred by City for such removal shall be reimbursed by the non-compliant AGF owner.
(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Work Subject to Provisions Governing Performance. Performance of work authorized by an excavation permit issued under the provisions of Section 62.02 shall be governed by the provisions of this section.
EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section 64.17 and performance of work being done under the Permit A and Permit B provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works.
(b) Notification of Start of Work. The permittee shall notify the Bureau of Contract Administration, not less than one working day prior to starting work on any excavation which will extend 100 square feet or more in area and is governed by the provisions of this section. In the case of an excavation being made by a department of this City, such notification shall be made by the responsible supervisor.
(c) Prosecution of Work. Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary.
If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit.
(d) Permits to Be Kept on Job Site. Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer.
(e) Lateral Support. All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by his operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries.
(f) Safety. All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section 62.02 until all charges by the City have been met.
(g) Methods of Removal. No material shall be removed from any street in any manner which would render such street impassable or dangerous to public travel.
(h) Excavations Through Cement Surfaces. When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specifications established by the Board or the City Engineer.
(i) Provisions for Traffic Safety. Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street intersection, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained.
Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee.
(j) Traffic Control in Work Areas. Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled Work Area Traffic Control Handbook (WATCH) approved by the Board.
If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this Code.
(k) Site Maintenance.
(1) Access to Hydrants and Water Valves. Free access must be provided at all times to all fire hydrants and water valves.
(2) Confinement of Excavated Material. When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times.
(3) Maintenance of Gutters. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained.
(l) Backfilling. Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer.
(m) Resurfacing.
(1) Temporary Resurfacing. Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Such resurfacing after compaction shall be not less than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. Its surface after compaction shall conform to the finished surface of the roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for either pedestrians or vehicular traffic as the case may be, at the maximum speed permitted by law.
(2) Maintenance of Temporary Resurfacing. The permittee shall maintain the surfacing so that it is safe for pedestrian or vehicular traffic until the excavation is permanently resurfaced.
If it is impracticable to maintain the surface of the backfill in a safe condition for pedestrian travel or vehicular traffic, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced.
(3) Permanent Resurfacing by City. Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section 62.02 will be permanently surfaced by the permittee. The permittee shall mark each such resurfacing in the manner prescribed by the City Engineer and shall be responsible for the integrity of such resurfacing for a period of five years from installation.
(4) Permanent Resurfacing by Permittee. In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing.
The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of the public safety and welfare. Such requirement shall be specified on the permit.
A utility issued a permit for the drilling of leakage detection holes shall make immediate repair to said holes with its own crews, at its own expense, and in the manner prescribed by the Board.
When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. All such restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation or removal of a pole or pole anchor. Construction of the walk, driveway or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction.
(5) Permit Required for Resurfacing by Permittee. Except as provided herein, all permanent resurfacing done by permittee in connection with a permit issued under the provisions of Section 62.02, shall be done under a Class A permit secured in compliance with Section 62.105 of this Code. All permits obtained for street excavations and subsequent resurfacing activities shall not be in lieu of but in addition to all permits required pursuant to Sections 62.02, 62.04, 64.17 and the Street Damage Restoration Fee Ordinance contained in the L.A.M.C.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
(a) Costs.
1. Work to Which Fee Schedules Apply. Costs of all work done by the City in connection with permits issued under the provisions of this section or Section 62.02 shall be determined from the schedules provided for by this section whenever applicable. Otherwise, costs not included in the schedule provided for in this section, shall be the actual total costs incurred, including all applicable indirect costs, as determined by the Board. (Amended by Ord. No. 157,341, Eff. 2/13/83.)
The provisions of this section, where applicable, shall also apply to work done by the City in connection with permits issued under other sections of this Code whenever those sections, in connection with provisions governing the issuance of such permits, specifically refer to or incorporate this section. (Amended by Ord. No. 157,341, Eff. 2/13/83.)
2. Determination of Costs by Board Final. The decision of the Board as to the cost of any work done or repair made by it or under its direction, pursuant to the provisions of this section or Section 62.04, shall be final and conclusive as to such costs.
3. Monthly Statements. The Board will mail a statement to every person, or his designated agent, on or before the last day of the month, following the month in which charges are determined, showing the amount due to the City for all work performed by the City under the provisions of this section. When a special deposit has been made pursuant to the provisions of Section 62.02, the amount due to the City will be deducted from the deposit and the unused balance shall be returned within 30 days after the amount of such balance has been determined. If the amount of the deposit is less than the amount of the charges, the insufficiency shall be paid to the City within 15 days from the date on which the statement is mailed. In cases where the making of a special deposit is not required, the total amount due to the City as shown on the statement shall be paid within 15 days from the date on which the statement is mailed. If payment is not made within this prescribed time, the amount due to the City may be deducted from any general deposit which has been made pursuant to the provisions of Section 62.02, or the City may proceed against any surety bond posted in lieu of a cash deposit as provided in said section; or the City may resort to any other remedies available to it.
(b) Resurfacing Charges.
1. Schedule of Fees. (Amended by Ord. No. 157,341, Eff. 2/13/83.)
aa. The Board, with concurrence of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.)shall determine on a regular basis, the verifiable costs of the City for services provided by the City whenever the improved surface of an excavated or damaged street is replaced by the Board, or the restoration of an unimproved surface of a street is subject to inspection by the Board. Those costs shall be used by the Board to develop, and at any time during each fiscal year but not later than April 1 the Board shall adopt a cost recovery schedule of applicable charges necessary to recover City costs of inspection and other services performed with respect to a specific type of work or improvement.
For the purposes of this section, the word excavation, or any derivation thereof, shall mean each single continuous broken surface area of a street, sidewalk, driveway, curb, pavement or gutter.
The schedule of charges shall be based upon verifiable costs of surface replacement or restoration, including inspection costs, direct labor and material costs, retirement costs on direct labor, and departmental and general City overhead applicable to the inspection or the type of work or improvement involved. It shall take into consideration the number of permits issued and affected by those charges within the period of time used for reference in the development of charges. Charges for unimproved areas or areas permanently resurfaced by a permittee, for asphalt concrete pavement, for concrete pavement, gutter, or driveway, and for concrete sidewalks shall be measured at a rate per square foot; for concrete curbs at a rate per linear foot; and for leakage detection holes and for stake holes, at a rate for each hole.
The schedule shall also provide for, and the Board shall collect, a minimum charge applicable to each particular type of work or improvement otherwise in effect under the schedule. The minimum charge shall be calculated on the following basis:
(1) For unimproved areas or areas permanently resurfaced by a permittee, a minimum charge equal to the City charge in effect for a unit of 100 square feet of such work;
(2) For asphalt concrete pavement, and for a concrete pavement gutter, driveway, or sidewalk, a minimum charge equal to the City charge in effect for a unit of 10 square feet of such work;
(3) For concrete curb, a minimum charge equal to the City charge in effect for a unit of 3 linear feet of such work; and
(4) For leakage detection and stake holes, a minimum charge equal to the City charge in effect for a unit of 4 holes.
bb. Upon the adoption of a schedule of verified costs by the Board as provided herein, the Board shall transmit copies of the Board order to the Mayor and to the City Council. At any time within 30 days after the receipt of the Board order, the Mayor, by writing, or the Council, by majority vote, may disapprove the Board order. If neither the Mayor nor the City Council disapproves the Board order within the 30-day period, the schedule shall become effective, and the Board shall collect charges according to the new schedule.
2. Minimum Charge for Each Type of Resurfacing. The minimum charge for each permit to cover the cost of inspection of the restoration of unimproved areas will only be made when no other type of resurfacing is included in the permits. If another type of resurfacing is included, the charge for inspection of the restoration of unimproved areas will be based upon the actual area excavated times the unit charge for such inspection. The minimum charges for all other types of resurfacing will be made, when applicable, whenever any such resurfacing is actually placed regardless of whether one or more types of resurfacing is involved.
3. Minimum Charge for a Permit. On permits issued where no resurfacing is actually done, a minimum charge of $31.00 will be made. The fee herein shall be adjusted, if required, in order to recover the Citys administrative costs, and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No 168,734, Eff. 5/31/93.)
(c) Annual Permits for Leakage Detection Holes.
1. Fees. As provided in Section 62.04, a utility holding an annual permit for drilling leakage detection holes, or for maintenance and service connection excavations shall make immediate restoration of the surface of the street in which such excavations are made. This restoration shall be made with the utilitys own crews, at its own expense and in the manner prescribed by the Board. Prior to the 15th day of each month, holders of annual permits for drilling leakage detection holes or for maintenance and service connection excavations shall submit to the Board a listing of all streets in which holes were drilled setting forth the limits of such drilling operation or for the location and sizes of all such excavations made since the previous month and pay a fee to cover the costs of any inspections and expense incidental thereto. (Amended by Ord. No. 166,098, Eff. 9/8/90.)
2. Certified Copies of Permits. (Amended by Ord. No 168,734, Eff. 5/31/93.) Any utility having obtained an annual permit for the purpose of drilling leakage detection holes may obtain certified copies of such permit from the Board upon payment of $0.40 for each such copy or $15.00 per lot of 50 copies. The fees herein shall be adjusted, if required, in order to recover the Citys administrative costs, and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
Any utility having obtained an annual permit for maintenance and service connection excavations shall ensure that a legible copy of such annual permit is available for inspection at any excavation undertaken under authority of such permit.
(d) Charges for Issuance of a Permit Under Section 62.02 for Drilling Operations in Connection with Main Line Investigations. (Added by Ord. No 168,734, Eff. 5/31/93.) The fee for a permit issued under Section 62.02 for drilling operations in connection with main line investigations shall be $7.00/thousand ft. of street excavated. The fee herein shall be adjusted, if required, in order to recover the Citys administrative costs, and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
(e) Charge for Cancellation of Permit. (Former Subsec. (d), redesignated by Ord. No. 168,734, Eff. 5/31/93.) If a permit is canceled either at the request of the permittee or for failure to commence work within six months from the date of the permit as provided in Section 62.02, a charge of $31.00 will be made for each such permit canceled. The fee herein shall be adjusted, if required, in order to recover the Citys administrative costs, and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 168,734, Eff. 5/31/93.)
(f) Charges Made to City Departments. (Former Subsec. (e), redesignated by Ord. No. 168,734, Eff. 5/31/93.) Any excavation made under the direction and jurisdiction of any department of the City, other than the Department of Public Works, for which a permit is required under Section 62.02 shall be subject to payment of all of the charges provided hereinabove. Neither the Board, nor any of the bureaus, shall be subject to the payment of any such charges for any work performed under the jurisdiction of the Board, nor will permittees drilling exploratory or test holes at the request of, or for the benefit of, the Board be subject to such charges.
(g) Excavations in and Adjacent to Streets Charges. (Added by Ord. No. 178,131, Eff. 1/18/07.)
Special Engineering Fee. For all excavation permits applied for under this section and Sections 62.02, 62.108 and 62.109, which require additional engineering time for plan checking, field checking and other non-standard work/project evaluation and/or investigation, a Special Engineering Fee equal to $110 per hour, but not to exceed 8 hours, shall be charged in addition to the standard fee charged for this permit. This fee shall not be applied to excavations of more than 1,000 square feet where actual cost is specifically charged. Upon the recommendation by the City Engineer, the Board of Public Works may adjust, if required, this fee to recover the City's administrative cost, and adopted in the same manner as provided for in Section 12.37 I.1. of this Code for establishing fees.
(Added by Ord. No. 171,922, Eff. 3/27/98.)
A. Any person, corporation, agency, or entity including any Department, Bureau, or Agency of the City of Los Angeles or any other governmental agency or authority that is required to obtain a permit to excavate or do other work in the public streets or alleys under Los Angeles Municipal Code Sections 62.02, 62.04, 62.105, 64.17 or 65.04 shall pay a Street Damage Restoration Fee. At the time of obtaining any permit required under this Code, a Street Damage Restoration Fee in an amount established by Resolution adopted pursuant to this Ordinance by the City Council shall be paid to the City for deposit into the Street Damage Restoration Fee Special Fund. No portion of this ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements.
1. (Added by Ord. No. 174,021, Eff. 7/23/01.) Any entity identified in Paragraph A of this Section may qualify for an exemption from the Street Damage Restoration Fee for street cuts made up to twenty-three (23) months prior to scheduled resurfacing by doing the following:
(a) Reviewing the Citys five-year Street Master Plan and one-year Street Specific Plan prepared by the Director of the Bureau of Street Services (Bureau) prior to applying for an excavation permit, and
(b) Preparation and submission to the Bureau of a five-year master plan, with a one- year specific plan, due by April 15 of each year, in a format specified by the Bureau. Such plans must include the following:
(i) The location of the entitys existing facilities in City streets, alleys, sidewalks and other public places; and
(ii) A description of all of the entitys planned major work for City streets, alleys, sidewalks and other public places.
2. (Added by Ord. No. 174,021, Eff. 7/23/01.) Thereafter, in order to continue to qualify for the Street Damage Restoration Fee exemption:
(a) Each entity shall submit annually a revised and updated master and specific plan; and
(b) All cutting of streets and alleys must take place within twenty-three (23) months prior to City-planned resurfacing or rehabilitation projects as presented in the Citys Street Master Plan and Street Specific Plan.
B. The City Council shall establish, from time-to-time by resolution, the amount of the Street Damage Restoration Fee. The amount of this fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair, reconstruction or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to the pavement located over and/or adjacent to the trench where the excavation occurs. The fee shall be highest for excavations in newly surfaced streets and shall decrease as the age of the street surface being excavated increases. Further, the resolution may establish excavation moratoria or other paving regulations for newly resurfaced streets. In addition to the Street Damage Restoration Fee, the Board of Public Works shall establish a surcharge of $12.00, payable to the Bureau of Engineering to recover the cost of calculating and collecting the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee. The calculation for the fee shall be revised as necessary by the Board of Public Works in the same manner as provided in Section 12.37 I.1. of this Code for establishing fees. (Amended by Ord. No. 178,872, Eff. 7/21/07.)
C. The Street Damage Restoration Fee established herein is in addition to any other fee required by this Code and is in addition to any special backfill, compaction and pavement replacement or other requirements imposed by this Code or by the Department of Public Works as a condition of a permit.
D. Excavation in streets scheduled for repaving under the Departmental Annual Resurfacing Program within one year of the proposed excavation shall be exempt from the restoration fee. The Public Works Department will endeavor to notify entities of the streets scheduled under the Program. Entities making pavement cuts within the one year period must repave the entire street block from curb face to curb face. Exceptions may be made when it can be sufficiently demonstrated to the Director, Bureau of Street Services that the Citys 30 day notice of a scheduled street resurfacing project was not mailed to the correct property owner of record at the time of notification, and the adjacent property owner made significant efforts to promptly notify the Bureau of Street Services of any planned street excavations. The adjacent property owner would be required to obtain the applicable permits and repave the excavated area. (Amended by Ord. No. 175,525, Eff. 11/16/03.)
(a) No person shall open, or allow to remain open, the cover of any manhole in or upon any street, sidewalk or right of way without having first obtained a written permit from the Board so to do, except as provided in Section 62.42.
(b) In lieu of issuing a permit for each manhole cover required to be opened, as prescribed in Subsection (a) of this section, the Board upon written request from any person having ownership or control of any underground pipe or wire system, with appurtenant manholes in any street or sidewalk, may issue a yearly permit for the opening of the manholes under the control of such person.
A yearly permit may also be issued to any sewer contractor to open sewer and storm drain manholes for the purpose of determining the depth of sewers and storm drains.
(c) At all times while a manhole cover is open under any permit, the original of such permit or a copy certified by the Board must he kept at the opened manhole and must, on demand, exhibited to any inspector, agent or representative of the Board or to any police officer.
(Amended by Ord. No. 163,803, Eff. 8/15/88.)
Before granting any permit pursuant to the provisions of Section 62.40 of this article, the Board of Public Works shall require the payment of a fee to obtain either an ordinary permit or a yearly permit. Any person having obtained a yearly permit may obtain certified copies of such permit from the Board of Public Works upon payment of a charge therefore as determined by the Board of Public Works subject to state law limitations to direct costs of duplication. The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
When in case of emergency, it becomes necessary to open or remove a manhole cover immediately to inspect, repair, adjust or renew any cable wire, pipe, valve, instrument or apparatus installed or contained in any such manhole, the cover thereof may be opened or may be removed for a period of time actually necessary for such inspection, repair, adjustment or renewal, during which period of time a watchman or guard shall be kept in constant attendance at the exposed opening of the manhole.
Any person who has, in case of emergency, opened the cover of any manhole, must; within forty-eight (48) hours after the time of said emergency opening, report the location of such manhole and the approximate time of such opening to the Board or the person having ownership or control of such manhole.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
Except as otherwise provided in Section 62.42, no person shall open or remove the cover of any manhole, or allow any manhole to remain open in or upon any street or sidewalk, without first placing immediately adjacent to the opening of any manhole, a barrier or manhole guard at least two red flags, and, from sunset until sunrise of the following day, at least two warning lights. Such guards or warning devices shall be maintained at all times while the manhole remains open. Such warning devices shall be so located that they are clearly visible to approaching traffic.
Nothing in Sections 62.40 to 62.43, inclusive, shall be construed as requiring a permit for the opening of track switch box covers, nor reports of such opening in connection with their renewal, maintenance or repair or in connection with the operation of a railway or railroad.
(a) Definitions. (Added by Ord. No. 155,987, Eff. 11/30/81.)
Crane. A vehicle equipped with a boom, mast or similar device which permits the lifting and/or lowering of objects and the displacement of such objects horizontally within fixed limits.
(b) Permit required. (Amended by Ord. No. 156,300, Eff. 3/14/82.)
1. No person shall deposit or maintain in or upon any public street, sidewalk or parkway any protection fence, protection canopy building material of any kind, debris from any building or building excavation, or any kind of material or equipment used or intended for use in connection with any building or other work upon adjacent private property without first making and filing a written application with the Board, receiving a permit therefrom so to do, and paying to the Board a fee as set forth in Subsection (d) of this section to cover all costs of processing the application for permit and inspection.
EXCEPTION: The provisions of this section shall not apply to cranes mounted on vehicles which conform to the width, height, length, size and weight limitations set forth in Division 15 of the Vehicle Code of the State of California when no part of such vehicle, when parked and in operation in a public street, extends more than 10 feet into the roadway from the curb or which occupies less than one half the width of an alley in which it is working.
2. No person shall operate a helicopter as a crane for the purpose of lifting and moving material or equipment from any public street, sidewalk or parkway to adjacent private property or for the purpose of lifting and/or moving any material or equipment in connection with building or other work on private property where such object might at any time be suspended above any public street, sidewalk or parkway without first making and filing a written application with the Board, receiving a permit therefrom so to do, and paying to the Board a fee as set forth in Subsection (d) of this section to cover all costs of processing the application for permit and inspection. Provided further that no permit shall be issued unless the applicant also posts and maintains with the Board a policy of property damage insurance or a bond in the amount and subject to the conditions and requirements set forth in Section 62.145 of this Code with respect to overloads.
3. The Board may, by any such permit, require compliance with special conditions to safeguard the public and protect the public street and sidewalk or other public improvements.
(c) Application for Permit. (Subsec. (b) redesignated (c) by Ord. No. 155,987, Eff. 11/30/81.) The application for said permit shall contain:
1. The name, address and telephone number of the applicant; and
2. The name, location and area of the street for which a permit is desired.
(d) Permit Fees. (Subsec. (c) redesignated (d) by Ord. No. 155,987, Eff. 11/30/81.)
1. For depositing and maintaining any protection fence, protection canopy, building material, debris or equipment, excepting cranes, in or upon any public streets, sidewalks or parkways, a permit fee by square foot occupied shall be charged except that such amount shall be not less than the minimum permit fee established by the Board. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
2. For the use or operation of any helicopter and for the use, storing or maintaining of one or more cranes in or upon any public street, sidewalk or parkway, a permit fee for the first day or fraction thereof, plus an additional fee for each additional day a fraction thereof for each work site shall be charged. In the event the permittee files a subsequent application after the original permit has expired for the same location and for additional days not specified in the original permit, a new permit fee for the first day or fraction thereof plus an additional fee for each additional day or fraction thereof shall be required. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
3. In addition to inspections made In connection with permits issued pursuant to this section during the normal work week, the Director may, pursuant to the authority provided in Section 61.08 of this Code, provide for inspections during other than normal working hours. In the event the Director determines that such inspection will be required, the permittee shall deposit in advance an amount determined by the Director to be adequate to cover the cost of inspection. Such cost of inspection shall be computed at 1-1/2 times the hourly wage of a Senior Inspector 2 for the period of time such inspector will be needed, as estimated by the Director. At the completion of all such inspection activity, the Director shall deduct from such individual deposit the accrued cost of inspection and shall refund to the permittee any difference between the amount deposited and the amount so deducted. (Added by Ord. No. 155,987, Eff. 11/30/81.)
4. The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Added by Ord. No. 165,675, Eff. 5/11/90.)
Every permit granted under Section 62.45 shall be granted upon the condition that the person to whom the permit was granted shall conform in every respect to the provisions of this article.
The Board may revoke any permit granted under Section 62.45 for the violation of any section of this article.
No person shall continue to perform any work under any permit after the permit has been revoked by the Board pursuant to Section 22.02.
(Amended by Ord. No. 128,226, Eff. 10/12/64.)
(a) No person shall fail to remove any protection fence, protection canopy, building material, or equipment of any kind whatsoever, or any debris deposited or maintained on any public street, within five (5) days after the completion of the construction, alteration, repair or demolition of any building in front of which such fence, canopy, material, equipment or debris is deposited or maintained, nor fail to leave the street in as good a condition as the same was prior to the placing of such fence, canopy, material, equipment or debris thereon.
(b) The Board shall proceed to do such work or have the same done upon failure of any person charged so to do under this section, and the costs necessarily incurred by the Board in doing such work may be recovered by the City from such person.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
No person shall maintain building material of any kind, any debris or any other kind of material or equipment on any street, without placing and maintaining a warning light at each end of each pile of such material or debris and at each end of such equipment during the whole of each night from sunset until sunrise of the following day. Such warning lights shall be so located that they are clearly visible to approaching traffic.
(Amended by Ord. No. 128,226, Eff. 10/12/64.)
1. No person shall deposit or maintain any building material of any kind whatsoever, or any debris from any building or excavation, in or upon any public street:
(a) Within twenty-five (25) feet of any fire hydrant;
(b) Within eleven (11) feet of the nearest rail of any railroad track on such street;
(c) Where no railroad track exists, not more than ten (10) feet from such curb to the curb on the opposite side of the street;
(d) In any manner as to prevent the passage of any vehicle;
(e) In any manner as to obstruct the gutter space of the street;
(f) Except upon the same side of the street and immediately in front of the building in actual course of construction, alteration, repair or demolition.
2. Any person operating a crane in or upon the public street, whether required by Section 62.45 to obtain a permit or not, must comply with the following regulations:
(a) No unauthorized person or vehicle is to be permitted to pass or stand under the boom or load. All unauthorized persons and vehicles must be kept at a safe distance from such operations;
(b) Flagmen, barricades, signs and warning devices are to be provided and maintained whenever necessary to protect the public;
(c) The contractor shall be liable for all damage that occurs to public streets or improvements or property therein which is caused by or results from the operation of a crane in the public street;
(d) Any condition specified by the Board in granting the permit including, but not limited to, the hours and days that cranes may be parked or operated in a public street, and any safety measures to be taken by the permittee.
No person shall mix, make, place or pile any mortar, plaster, or lime, or any similar substance or mixture upon any surface of any paved street, or cause the same to remain at any place in such a manner that the same will fall or leak upon the surface of any street.
No person shall fail to keep the permit granted for maintaining any protection fence, protection canopy, equipment, building material or debris at all times at the place where such work is being done: nor fail, upon demand therefor, to exhibit such permit to any member or inspector of the Board, or any public officer. (Amended by Ord. No. 128,226, Eff. 10/12/64.)
No person shall store or keep upon any street any material or debris taken from any excavation or building, or fail to remove the same from day to day as it is produced or to wet any dry debris or rubbish, so as to prevent the same from being blown by the wind, whether in the course of removal from any building or excavation, or on any street.
Every permit granted by the Board under Section 62.45 shall become and be void within sixty (60) days from the date issued.
The Board may extend the time of the permit for a period not to exceed sixty (60) days.
Whichever departments, boards or officers of this City, in the discharge of official duties, deposit or maintain any protection fence, protection canopy, building material or equipment, or any debris in any public street, a permit such as is required for persons under the provisions of Section 62.45 shall be obtained, but such permit shall be issued without the payment of any fees. The fee requirements shall be similarly waived on such permits when issued to contractors in connection with work performed under contract to the Board. (Amended by Ord. No. 128,226, Eff. 10/12/64.)
No person shall construct or maintain an elevated sidewalk along or in front of any premises owned or controlled by any such person without a permit therefor issued by the Board, which Board is hereby authorized to issue such permits subject to the conditions and restrictions hereinafter provided in Sections 62.58 to 62.60, inclusive.
Any person desiring a permit to construct or maintain an elevated sidewalk along or in front of premises owned or controlled by any such person shall file a written petition therefor with the Board, specifying the location of such elevated sidewalk and the purpose for which the same is to be constructed or maintained. The Board shall thereupon consider said petition and grant the same, if, upon such consideration, it shall find that such elevated sidewalk will be in accordance with the public interest or convenience.
No permit to erect or maintain an elevated sidewalk shall be granted except where a railroad switch or spur track is situated along and adjacent to the curb line of a sidewalk and within five (5) feet thereof, or upon or along the portion of a cul-de-sac between the closed end thereof and the first street intersecting such cul-de-sac on the same side thereof on which it is desired to construct such elevated sidewalk. No such elevated sidewalk shall be more than three (3) feet in height, and before any work or construction of any elevated sidewalk is done the complete plans and specifications thereof shall be submitted to the Board for approval.
Any permit to erect or maintain an elevated sidewalk shall be revocable at any time by the Board.
(Added by Ord. No. 178,103, Eff. 1/9/07.)
(a) Definitions.
1. "Activity or Work Permissible within a Public Street" is defined as any work or activity permitted by this Code, or authorized by the Board of Public Works.
2. "Emergency Work" is defined as immediate and unplanned action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous efforts to effect the restoration of interrupted utility services (electrical, water, gas, wastewater and telecommunications).
3. "Peak Hour Construction and Right-of-Way Obstruction Regulations" is defined as all regulations contained in this section that control and limit all construction and obstruction activity in the public right of way during "Peak Traffic Hours."
4. "Peak Traffic Hours" is defined as Monday through Friday, 6:00 am to 9:00 am and 3:30 pm to 7:00 pm.
5. "Street Classifications Subject to Work Hour Restrictions" is defined as major and secondary highways, or collector streets, as designated in the transportation element of the general plan.
6. "Temporary Street Closure" is defined as the temporary restriction of all vehicular traffic for construction purposes authorized by a valid permit, and an approved "Traffic Management Plan."
7. "Traffic Lane Closure" is defined as any activity within the public street (from curb-line to curb-line), or in an alley, which reduces the usable width to the point where one or more lanes of traffic cannot move safely and efficiently.
8. "Traffic Management Plan" is defined as a Plan that addresses traffic control requirements in a construction area, and along detour routes. The operation of a Traffic Management Plan is affected by the project's construction phasing, construction schedules, and work area required by the contractor, and shall be consistent with the contractor's project requirements, provided by the Department of Public Works.
9. "Worksite Traffic Conditions" is defined as those physical conditions, including signage, signal devices, operation of equipment, and conduct of workers (which are required by law), permit and plans to provide adequate street space, and accommodate traffic demands, particularly during peak traffic hours.
(b) Permit Required. No person shall effect a "Traffic Lane Closure," perform work within or on any public street or right-of-way or obstruct any public street or right-of-way for any reason without first applying for, in writing, and obtaining a permit from the Board of Public Works. The person or entity requesting the permit shall pay all applicable permit fees as set by the Board of Public Works pursuant to the Los Angeles Municipal Code sections governing the issuance of "A," "B," Excavation, Manhole, Sewer and Utility permits for work in the public right-of-way or any permit issued by the Bureau of Street Services for obstruction of the Public Right-of-Way.
1. Prohibition on Work or Obstructions During Peak Traffic Hours. Notwithstanding any other provision of this code, no person or entity shall effect a "Traffic Lane Closure," perform work within or on any public street or right-of-way or in any manner obstruct a public street or right-of-way on those "Street Classifications Subject to Work Hour Restrictions" during "Peak Traffic Hours," all as defined above.
2. Exemption from Work or Obstruction Prohibition During Peak Traffic Hours.
A. "Emergency Work" as defined above shall be exempt from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours" if the party performing the emergency work contacts the designated City agency as determined by the Board of Public Works prior to the work being initiated in the right of way and obtains a permit within 48 hours of beginning the emergency work.
B. If a party desires to have a non-emergency public right-of-way construction project or other "Traffic Lane Closure" exempted from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours," the party shall submit the request with its permit application to the appropriate City permitting agency along with a "Traffic Management Plan." If the "Traffic Management Plan" is approved by the City for work during "Peak Traffic Hours," the project is exempt.
(c) Application for Permit. Any application for a permit under this Section shall include the following information:
1. The name, address and telephone number of the applicant and the person responsible for the work or obstruction of the public street or right-of-way;
2. The name, location and area of the street for which the permit is desired; and
3. A description of the work to be done within the public street or right -of-way and an explanation of why the proposed obstruction of the public street or right-of-way is necessary.
(d) Penalties for Non-Compliance.
1. Administrative Penalties.
A. The failure to obtain a permit pursuant to this section, the failure to abide by the "Peak Hour Construction and Public Right-of-Way Obstruction Regulations" contained in this section, the failure to comply with "Worksite Traffic Conditions" or the violation of any special condition or requirement of a valid construction permit issued pursuant to the Los Angeles Municipal Code, shall subject the violator to administrative penalties as follows: (1) For each violation listed on the initial citation, $250.00; (2) For each violation on a second citation, issued to the same person or entity, if the violations occurred within 12 months of the first citation date, $500.00; (3) For each violation on a third citation, issued to the same person or entity, if the violations occurred within 12 months of the first citation date, $1,000.00.
B. Any administrative penalty issued pursuant to this section shall be governed by the provisions set forth in Section 80.06.1 of this Code. The Department of Transportation, Administrative Adjudication Division shall conduct any required administrative hearings for any appeal of a citation issued pursuant to Section 62.61 of this Code in the same manner in which it conducts processes pursuant to Section 80.06(c) of this Code for parking citations.
2. Criminal Prosecution for Multiple Violations. Four or more administrative citations issued to the same person or entity within 12 months may constitute a misdemeanor under the Los Angeles Municipal Code, may subject the violator to prosecution by the Los Angeles City Attorney's Office and may subject the violator to other potential criminal penalties as allowed by law.
No person shall string, place or attach any electric wires or electric lights of any nature whatsoever over, under, or in any manner directly or indirectly attached to or in front of any building or structure, or over any street, without first obtaining a written permit from the Board so to do.
The Board shall have the power and authority to regulate, inspect and supervise the stringing, placing and attaching of wires and electric lights of every nature whatsoever, now or hereafter placed over, under, or in any manner directly or indirectly attached to or in front of any building or structure, or over any street.
The permit required by Section 62.62 shall state the kind of work to be done thereunder and the place where such work is to be done. Said permit shall be valid only for the location so stated.
No person shall perform any work other than that designated in the permit.
No electric lights or wires shall be so constructed, placed and supported over any street so as to cause fire or accident, injury or damage, to life or property.
The Board shall have authority to pass upon and decide any questions arising under the provisions of Sections 62.62 to 62.68 inclusive, relative to the stringing of said electric lights and wires.
If the work authorized under the permit required by Section 62.62 is not commenced within thirty (30) days after the date thereof, such permit shall thereupon be void.
In such case before such work is commenced a new permit shall be obtained.
Nothing in Sections 62.62 to 62.67 inclusive, shall be construed as interfering with any rights granted to any person to string electric wires, telephone wires, telegraph wires, or wires of any other kind, which right is exercised under and by virtue of any franchise of the State of California or of the City, previously obtained.
No person shall erect, maintain or operate any pipe, casing, or other appliances or apparatus, or any truss or standard for holding or supporting any such pipe, casing, or other appliance or apparatus over or across any street or sidewalk for the purpose of loading oil into tank wagons or vehicles without first applying for and receiving a written permit therefor from the Board.
Any person desiring to obtain the permit required in Section 62.69 shall sign and file an application in writing therefor with the Board which shall contain the following statements:
(a) The name and address of the applicant;
(b) The exact location, giving the number of the lot and block and the name of the tract, where it is proposed to erect, maintain or operate the pipe, casing or other appliance or apparatus, or the truss or standard for holding or supporting the same;
(c) A statement that the applicant agrees to conform in all respects to and obey all provisions of this Code and all ordinances of this City in force at the time of filing the application, or that may thereafter be adopted relative to the erection, maintenance or operation of pipes, casings, or other appliances or apparatus, or trusses or standards across any street or sidewalk for the purpose of loading any oil tank wagons or vehicles.
Each permit issued by the Board pursuant to Section 62.70 shall state the exact location, giving therein the number of the lot and block and the name of the tract where the pipe, casing, or other appliance or apparatus, or the truss or standard for which such permit is issued shall be erected, maintained and operated. No such permit shall be granted until after the application therefor shall have been referred to the Oil Inspector for his report thereon.
No person shall erect, maintain or operate any pipe, casing, or other appliance or apparatus, or any truss or standard for holding or supporting the same, over or across any street or sidewalk for the purpose of loading oil tank wagons or vehicles in a manner contrary to the following provisions:
(a) The clearance between the bottom side of such pipe, casing, or other appliance or apparatus or of any such truss, and the surface of any street or sidewalk shall not be less than eight (8) feet, and from the point at which the gutter of the street joins the curb the distance shall not be less than ten (10) feet;
(b) Such pipe or casing, when the same is extended over the surface of any sidewalk, shall be without a joint from a point less than four (4) feet inside the property line to the point where the same is connected with the gate or valve located at the top of the truss or standard supporting such pipe or casing;
(c) Such pipe or casing shall have a gate or valve located not more than one (1) foot from the tank or reservoir to which such pipe or casing is attached, which gate or valve shall be at all times kept in such a condition as to prevent the leakage of oil therefrom, and such gate or valve shall be kept closed at all times when the loading of a tank vehicle is not in progress;
(d) Such pipe or casing shall have a gate or valve located on top of the truss or standard supporting such pipe or casing. The center line of such gate or valve shall be in line with the center line of such truss or standard and such gate or valve shall be at all times kept in such condition as to prevent the leakage of oil therefrom. Such gate or valve shall be kept closed at all times when the loading of a tank vehicle is not in progress;
(e) Such pipe or casing extending over the gutter of any street shall have on the outer end thereof an ell into which shall be screwed a nipple of sufficient length that when the same is turned the open end thereof pointing toward the gutter will enter the dome of the tank vehicle that it is to be or is being loaded. Such ell so connected to the outer end of such pipe or casing, when the same is not being used for the loading of a tank vehicle, shall be at all times turned up so that the outer and open end of the nipple screwed therein shall point in an upward direction. Such ell and nipple shall not project over the surface of any street to a greater distance than five (5) feet from the outer face of the curb;
(f) Every joint in any such pipe or casing, or in any connection thereof, shall be connected in such a manner as to prevent the leakage of oil therefrom;
(g) Every such truss or standard shall be constructed in accordance with plans and specifications that shall be approved by and filed in the office of the Board;
(h) Every truss or standard shall be set immediately inside the face of the curb to a depth of not less than two (2) feet from the top of such curb.
Any permit granted pursuant to the provisions of Sections 62.69 to 62.72 inclusive, and any permit for the erection, maintenance or operation of any pipe, casing or other appliance or apparatus, or of any truss or standard granted prior to the adoption of this Code, shall be deemed and construed to be a revocable license and the same may be revoked at any time by the Board.
No person shall erect, maintain or operate any rope, wire or cable over or across any street for the purpose of pumping oil from oil wells, without first applying for and receiving a written permit therefor from the Board.
Any person desiring to obtain the permit required in Section 62.74 shall sign and file a written application therefor with the Board, which application shall contain:
(a) The name and address of the applicant;
(b) The exact location where it is proposed to erect, maintain or operate the rope, wire or cable;
(c) A statement that the applicant agrees to conform in all respects to and obey all provisions of this Code and ordinances of this City in force at the time of filing the application, or that may thereafter be adopted relative to the erection, maintenance or operation of any ropes, wires or cables over or across any street.
Each permit issued by the Board pursuant to Section 62.74 shall state the exact location where the rope, wire or cable for which such permit is issued shall be erected, maintained or operated. No such permit shall be granted until after the application therefor shall have been referred to the Oil Inspector for his report thereon.
No person shall erect, maintain or operate any rope, wire or cable over or across any street for the purpose of pumping oil from oil wells in a manner contrary to the following provisions:
(a) The clearance between any such rope, wire or cable and the surface of the street over or across which the same is maintained or operated shall not be less than fifteen (15) feet;
(b) Each such rope, wire or cable used for pumping shall be supported across such street by means of hanging ropes, wires or cables attached to a suspension cable and placed not more than eighteen (18) feet apart;
(c) Such suspension cable shall be so placed and maintained that the same will be and remain at all times above the pumping cable supported by such suspension cable;
(d) Such suspension cable shall be supported by poles, standards or columns erected on each side of the street across which such cable is maintained;
(e) No pole, standard or column, and no brace for the same, shall be placed or maintained within any street;
(f) Each such rope, wire or cable shall be supported in such other manner as the Board shall deem necessary for public safety.
Any permit granted pursuant to the provisions of Sections 62.74 to 62.77, inclusive, and any permit for the erection, maintenance or operation of any rope, wire or cable granted prior to the adoption of this Code shall be deemed and construed to be a revocable license and the same may be revoked at any time by the Board.
No person shall pour, spill, or permit to drip from any tank vehicle, upon any asphalt or bituminous pavement laid upon any street, any oil, petroleum kerosene, benzine or other similar oil or oily substance or liquid.
(Amended by Ord. No. 146,877, Eff. 2/22/75.)
(a) It is unlawful for any person to drain water or other liquids or permit water or other liquids to be drained, from lands or premises under such persons management or control onto any public street by any means which results in damage to the public street, or causes interference with or damage or hazard to public travel.
(b) It is unlawful for any person to keep, store or distribute water or other liquids for any purpose so as to permit such water or other liquids to overflow onto, to saturate by seepage, or to obstruct any public street, to the damage of the public street or cause interference with, or damage or hazard to public travel.
EXCEPTION: After receiving a permit from the Board, a person may discharge water onto a public street when it is necessary to do so in order to conduct the initial test of fire fighting apparatus following completion of its installation in a building.
Before accepting any application for such a permit for filing, the Board shall collect an application fee which shall not be refundable. The application shall be made on a form prescribed by the Board. A separate application and permit shall be required for each street location where water is to be discharged. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
Discharge of water pursuant to a permit issued under this exception shall be performed under the supervision of an inspector appointed by the Board. The Board shall have the authority to adopt rules and regulations governing the discharge of water onto the street for the protection of the adjoining buildings and properties, roadway surface, utility installations, storm drains and sewer facilities, and the general public.
No person shall wash or flush any private alley, way or place so that the water from the washing or flushing thereof shall run or be discharged into or upon any public street or into the gutter of any public street.
For the purposes of Sections 62.84 to 62.93 inclusive, Public Utility shall mean and include the Department of Water and Power of this City, the Department of General Services, Department of Transportation, and any person owning, operating or maintaining overhead light, power, trolley, telephone, telegraph, signal or other wires, street railway tracks or underground structures necessary for public service. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.)
(Amended by Ord. No. 163,920, Eff. 9/8/88.)
(a) Board of Public Works Permission Required. No person shall move any building or structure, or any portion thereof, over, upon, along or across any street without a written permit therefor from the Board of Public Works. Such a permit may be referred to as a House Movers Permit.
(b) Department of Building and Safety Security Deposit Required. No House Movers Permit shall be issued until the Department of Building and Safety receives a security deposit from the house mover in the amount determined by that Department and the Department of Building and Safety notifies the Board of Public Works that the funds are on deposit.
(c) Department of Building and Safety Sewer Capping Permit Required. No House Movers Permit shall be issued until the Department of Building and Safety has first issued to the owner of the premises from which the building is to be removed or demolished a permit to provide a watertight cap to the house connection sewer at the property or sewer easement line.
(A) No House Movers Permit shall be granted by the Board of Public Works, hereinafter referred to as the Board except as follows:
1. The applicant must first furnish evidence that the Department of Building and Safety has received a security deposit and, when the building or structure is to be moved to a permanent site within the City limits, evidence that the Department of Building and Safety has already issued a Relocation Permit for the particular building or structure under the provisions of Division 83 of Article 1 of Chapter IX of the Los Angeles Municipal Code (Building Code). (Amended by Ord. No. 163,920, Eff. 9/8/88.)
2. The applicant shall pay to the Board a filing fee for each permit requested; provided, however, that in the event a building or structure is under 18 feet in height, no filing fee shall be paid, and in the event more than one permit is issued in connection with the movement of a building or structure, the filing fee shall be paid only for the issuance of the first of such permits. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
3. A separate application upon a form furnished by the Board, must be filed and a separate permit obtained for the moving of each separate building or structure, or portion of a building or structure.
(B) Each application for a House Movers Permit must show:
1. The type of construction of the building or structure to be moved and its maximum height, weight and length when loaded to be moved. (Amended by Ord. No. 136,358, Eff. 5/6/68.)
2. The street location or other identifying description to which it is proposed to be moved, and the route over, along, across and upon which such building or structure, section or portion thereof is to be moved;
3. The number of sections in which the building or structure will be moved;
4. The time when it is proposed to be moved and within which removal will be completed.
(C) Immediately upon receipt of any such application, other than an application to move a building or structure under 18 feet in height, the Board shall mail notification to each public utility affected that such application has been filed and each said public utility shall immediately acknowledge receipt of such notification and within four (4) days thereafter shall submit its objection or assent to any of the work for which a permit is required, and shall also submit to the permittee a statement of the time required to rearrange its plant and equipment and an estimate of the cost of rearranging, protecting and restoring equipment, including any necessary protective flagging. Whereupon, the permittee shall deposit with each said public utility affected the estimated cost in cash, or in lieu of this, if satisfactory to the said public utility, shall provide a corporate surety bond, and the said public utility shall then immediately notify the Board that the permittee has complied with this requirement. (Amended by Ord. No. 154,911, Eff. 4/2/81.)
At the expiration of said four (4) day period, or upon receipt of the written assent of all Public Utilities affected by the proposed moving of such building or structure, or section or portion thereof, the Board shall proceed to the determination of the issuance of such permit. Whenever any building or structure is proposed to be moved in more than one section, a separate permit shall be issued for the moving of each section or portion of such building or structure. No permit shall authorize the moving of more than one building or structure, or more than one section or portion of any building or structure in any case where any building or structure is to be moved in two or more sections or portions. Every permit shall become and be void unless such removal shall be completed within the time specified in the application for such permit, provided, however, that the Board may extend such time when the moving of any building or structure, or any section or portion thereof, is rendered impracticable by reason of inclemency of the weather, strikes, or other causes not within the control of the house-mover.
(D) Whenever the State of California, by its own employees or by contract with an independent contractor, moves any house or structure and the State retains the control and supervision of the moving, no cash deposit or bond in lieu thereof, as in Subsection (C) hereof provided for, shall be required of the State or the contractor.
(E) (Added by Ord. No. 115,282, Eff. 2/8/60.) No House Movers Permit shall be granted by the Board except as follows:
1. The applicant shall post or have on file with the Board a policy of public liability and property damage insurance approved by the City Attorney and conditioned: That the permittee shall indemnify and hold harmless the City of Los Angeles and its officers and employees from any and all loss, costs, damages or expense resulting from or claimed to result from the operations of the permittee in moving or causing to be moved any building or buildings for which a permit has been issued, and that the permittee shall pay any and all loss, costs, damages, or expense sustained by any person for personal injuries or property damage as a result of the moving of such building or buildings.
A blanket coverage policy may be filed to cover two or more permits to be issued to the same permittee.
The amount of the coverage to be provided by each policy required by this subdivision shall not be less than $100,000, bodily injury or death to one person, $300,000, bodily injury or death to two or more persons resulting from any one occurrence, and $50,000 property damage, any one accident.
2. In addition to such policy of public liability insurance, the applicant shall post or have on file with the Board a corporate surety bond in favor of the City of Los Angeles in the sum of $10,000 to protect said City from any loss due to damage to streets, sidewalks, curbs, traffic signals, street lights, public utility installations or any other city-owned property of any nature or kind.
(a) Upon the issuance of the permit provided for in Section 62.84 it shall be the duty of the Board to so notify all Public Utilities affected thereby, and to instruct any of such Public Utilities to temporarily rearrange any of their properties necessary to permit the passage of any building or structure upon, over, along or across any street. Such notification shall state the time when and the route over which such temporary rearrangement of any property of said Public Utility shall occur;
(b) No Public Utility shall fail, neglect or refuse to comply with said notice by the Board ordering such temporary rearrangement;
(c) Such Public Utility shall charge each housemover, as compensation for making such temporary rearrangement of its property, the actual cost of rearranging and restoring any of said property plus a reasonable sum, not exceeding fifteen percent (15%) of such actual cost, as an allowance for supervision.
(d) Such Public Utility must within 30 days from and after the completion of the work of making such temporary rearrangement or restoring of its property, present an itemized bill of the cost thereof to the housemover for whom such temporary rearrangement or restoring of its property was made.
(e) In case the cost of the rearrangement, protection and restoration of said property is less than the amount estimated and deposited, as provided in Subsection (C) of Section 62.84, then the public utility shall return to the permittee depositing the same the amount of unused balance of said deposit, less the damage to said property, if any, caused by the negligence of the permittee in moving any building or structure or section or portion thereof. In case the actual cost is more than the amount estimated then such public utility affected shall collect the actual cost of the work from the permittee and the permittee shall pay said total cost. In the event a change of route is necessary, any additional expense shall be borne by the permittee. (Amended by Ord. No. 131,900, Eff. 4/9/66.)
(f) The utility company shall notify the permittee of any additional work required and it shall be incumbent upon the permittee to order said work done, or have a representative on the ground who shall be authorized to order said additional work by approving the expense in connection with such additional work.
No house mover shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Board pursuant to the terms of Sections 62.84 to 62.93 inclusive.
No permit shall be issued to any house mover pursuant to the terms of Sections 62.84 to 62.93 inclusive, unless such house mover shall have taken out the necessary license as provided for in Chapter II Article 1 of this Code.
No permit shall be issued to any house mover pursuant to the terms of Sections 62.84 to 62.93, inclusive, until the applicant therefor shall have deposited with the Board the sum of $77.00 for each day or portion thereof which is required to move such building plus an additional deposit of $11.00 for each such day or portion thereof for each additional section of such building to be moved at the same time over the same route, as stated in the application, provided for in Subsection (a) of Section 62.84. Any house mover may make and maintain with the Board a general deposit in the sum of $750.00, which general deposit shall be used for the same purpose as the special deposit mentioned in this section, and while such general deposit is maintained at the sum of $750.00, such house mover shall not be required to make the special deposit provided for in this section, but shall be required to comply with all other provisions set forth in Sections 62.84 to 62.93, inclusive. (Amended by Ord. No. 138,488, Eff. 6/12/69.)
Every building or structure or section or portion thereof moved over, upon, along, or across any street shall be moved under the inspection and supervision of the Board. The Board shall appoint an inspector for the moving of any building or structure and of each section or portion thereof; provided that in case two or more buildings or structures, or two or more sections or portions thereof are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor. Such inspection and supervision in each case shall be for such time as the Board shall deem necessary for the performance of such service. (Amended by Ord. No. 136,358, Eff. 5/6/68.)
(Amended by Ord. No. 108,646, Eff. 2/3/57.)
It shall be the duty of any house mover, when required by the Board, to cause boards of sufficient strength to carry the load, without breaking to be placed under all of the rollers or wheels to serve as a runway for such rollers or wheels during the removal of any building or structure, or section or portion thereof, along every street improved in any other manner than by asphalt or concrete. At no time shall such rollers or wheels be permitted to revolve except upon such board runway when the same is required by the Board.
All buildings shall be loaded on equipment having rubber-tired wheels.
In the event that the equipment of the house mover is not sufficient for the work required, or if a street or the use thereof, or the property of any public utility will be at any time endangered or damaged by such removal, or if such house mover, or his servants or employees at any time violate any of the terms, conditions or restrictions of the permit required by Sec. 62.84, either as to the size of dimensions of the building or structure being removed, or the route of such removal or otherwise, the authorized inspector shall be empowered to stop the progress of such removal and shall report such fact to the Board.
The Board may adopt such rules and regulations as in its judgment may be needed to control the moving, the size, the weight, the equipment, the personnel, or any safety device necessary to safeguard the public interest safety, welfare and property in all matters pertaining to house moving.
A placard showing the number of the permit, the moving route and the movers name, address and telephone number shall be posted on the building, or on each portion of such a building being moved separately, during the time it is moved. (Added by Ord. No. 123,533, Eff. 2/15/63.)
In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Board shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building, or structure, or section, or portion thereof.
(Amended by Ord. No. 165,675, Eff. 5/11/90.)
A permit fee shall be deducted from the deposits provided for in Section 62.88. In addition to a permit fee, a fee for inspection and supervision shall be charged for each 4 hours, or fraction thereof, during which the structure is being moved over upon, along or across any street, which sum shall also be deducted from the aforementioned deposit. If the move is not made and the permit is cancelled, the permit fee and inspection and supervision fee shall not be charged and the special deposit shall be refunded.
In addition to any other deduction provided for in this section, a charge per day for each day that such building, or structure, or section or portion thereof shall have occupied any portion of the street, when the same is not being actually moved thereon, shall be deducted from the aforementioned deposit. The remainder of such deposit, if any, shall be refunded to the person making such deposit, or to his assigns. In case the deposit made pursuant to Section 62.88 shall be insufficient to pay the cost of the service inspector and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the Board a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction.
The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
No person moving any building, or structure, or section, or portion thereof, over, upon, along, or across any public street shall fail, neglect, or refuse to keep a red light (or such other devices as the Board may require) at all times between sunset and sunrise, at each corner of such building, or structure, or section, or portion thereof, and at the end of any projection thereof, while the same or any part thereof is located in or upon any public street. (Amended by Ord. No. 121,900, Eff. 6/4/62.)
No person shall drive any wagon or any other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such a manner as to protect such sidewalk or curb. No person shall remove any such planking, except the person by, or for whom it was laid, unless permission therefor is granted by the Board. Provided, however, that the provisions of this section shall not apply to the driving of vehicles over sidewalks and curbs, at places where cement or asphalt crossings are constructed across such sidewalks or curbs.
No person shall operate upon, or permit to be on or operated upon the improved portion of any concrete, asphalt, rock and oil, or oiled street or public way in the City of Los Angeles any vehicle having thereon a tire or tires, on the periphery of which there is or are any block, stud, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread of the traction surface of the tire. This section shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet or slippery surfaces, nor shall the restrictions of this section apply to such a vehicle when its operation on any street or road is necessary in the construction or repair thereof.
No person shall drive any animal upon or along any paved street, alley, or public way if such conduct might reasonably be expected to damage such public property or interfere with public convenience without having first obtained a special permit from the Board to do so. The Board shall establish from time to time such regulations regarding said special permits as it finds are necessary. (Amended by Ord. No. 112,719, Eff. 2/28/59.)
(Added by Ord. No. 165,293, Eff. 12/14/89.)
Horses are prohibited on the median of any street in the City of Los Angeles except in those medians where bridle paths exist.
(Added by Ord. No. 122,905, Eff. 10/26/62.)
(a) No person shall paint, stencil or affix, or cause to be painted, stenciled or affixed, any house or street address number on any curb in or adjacent to any public street without first having obtained a permit so to do from the Board.
(b) No such permit shall be issued until the applicant therefor shall have complied with the following requirements:
1. Application shall be made on forms provided therefor by the Board and shall be accompanied by the payment of a fee. Said fee shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
2. The applicant shall file with the Board a policy of public liability insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its officers and employees against all claims arising out of or in connection with the issuance of the permit or the operation of the permittee or his agents or contractors pursuant to the permit. The policy of insurance shall provide coverage as follows:
Bodily Injury $25,000 each person
$50,000 each accident
Property Damage $ 5,000 each accident
3. The applicant shall post and maintain with the Board a surety bond in the amount of $500. Such bond shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City, shall be executed by a reliable surety company authorized to do business in California and satisfactory to the City, and shall guarantee compliance with the provisions of this section and all rules and regulations adopted by the Board pursuant thereto.
EXCEPTION: The provisions of this subsection shall not apply to persons painting, stenciling or affixing house or street address numbers upon curbs abutting their own property.
(c) No person shall fail to keep a copy of such permit upon his person and available for inspection at all times while performing such work and no person shall represent in any way to the owner or occupant of the premises in question or to anyone that the painting of such numbers upon curbs or elsewhere is required by any law, rule or regulation.
(d) Any house or street address numbers which are painted, stenciled or affixed to any curb pursuant to the provisions of this section shall consist of black numerals not less than 2-1/2 inches, nor more than 4 inches in height on a white background. First quality paint shall be used in all cases.
(e) All permits issued under the provisions of this section shall expire on the 31st day of December following the date on which the permit was issued.
(f) The Board may adopt such reasonable rules and regulations in furtherance of the provisions of this section as the Board shall determine are necessary, including but not limited to rules regarding the work to be performed and the method and manner of the solicitation for such work.
(g) The Board may revoke or suspend any permit issued under the provisions of this section upon the permittees violation of or failure to comply with the provisions of this section or the rules and regulations of the Board adopted hereunder or any other applicable law of this City or State. Any such action shall be done in accordance with the provisions of Section 22.02 of this Code.
(h) Neither the City of Los Angeles nor any Board, Commission, officer or employee thereof shall be liable or responsible for any work done by any permittee under the provisions of this section, or by any employee, agent or independent contractor of the City who paints over, obliterates or removes any house or street address number upon any curb in the course of establishing any official traffic control or street identification sign, or in the process of repair or replacement of curbs.
(Added by Ord. No. 160,459, Eff. 11/28/85.)
(a) Issuance of Permits. The Board of Public Works may issue a permit for vibroseis surveys on public streets when the Board determines that such activity will not interfere with the publics use of said street and this section has been complied with.
No vibroseis survey shall be conducted on a public street without a current permit issued by the Board of Public Works as provided in this section.
(b) Application for Permit. Requests for vibroseis surveys shall be filed with the Board at least thirty (30) days prior to the date requested for commencing permit-authorized work. The Board, upon receipt of an application for permit, shall give notice of the receipt thereof to the City Council office for each Council district in which the applicant requests permission to conduct its survey.
(c) Permit Fee. The issuance of a permit shall be subject to payment of a permit fee plus a daily inspection fee assessable for each day the operation is in progress. The permit fee and daily inspection fee advance payment, based upon the applicants estimated number of days of operation, shall be paid at the time the application is filed. The fees herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(d) Conditions for Granting Permits. The Board shall adopt written procedures and conditions relating to but not limited to, the requirements for liability insurance, citizen notification, restrictions on hours and days of operation, and other conditions set forth in the Bureau of Street Maintenance Report No. 1 adopted by the Board on September 24, 1984, a copy of which is a part of Council File No. 85-0532. (Amended by Ord. No. 160,496, Eff. 12/19/85.)
No permit shall issue unless the City Engineer has first determined and so notified the Board in writing, that the route of the vibroseis testing proposed in the application for permit does not contain potentially unsound clay or concrete sewer pipes, however, in the event the City Engineer cannot make such a determination, that office may recommend a prescribed alternate route through the area where such testing will not adversely affect such pipes, or, the Board may issue a permit on the condition that:
1. the permittee, prior to commencement of any such vibroseis work conduct a television inspection of any pipes in question and deliver the results of that inspection to the City Engineer;
2. the condition of the pipes so inspected by the permittee shall serve as a comparison basis for any similar television inspection by the City Engineer made after completion of the operation to ascertain whether the permittees operation has had any effect on the pipes; and
3. the permittee, prior to commencement of its operation, provides insurance as prescribed by the Board, and also agrees to indemnify and hold harmless the City from any adverse effects to any persons, to the pipes, or to any other private or public property.
If the City Engineer does not make the necessary route or alternate route determination or recommendations, or the applicant fails or refuses to agree to television testing of potentially unsound pipes and indemnification as provided hereinabove, no permit shall issue.
(Added by Ord. No. 140,170, Eff. 5/17/70.)
(a) Declaration of Purpose. It is the purpose of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby parkways in commercial or industrial zoned property fronting on major or secondary highways on which weeds, debris or an accumulation of rubbish exist in such amounts and to such an extent as to constitute a menace to the safety, health and general welfare of the people of this City, may be required to be paved.
(b) Necessary City Council Determinations. If the City Council determines that weeds, debris or rubbish exist on parkways in commercial or industrial zones fronting on major or secondary highways as shown on the latest revised Master Plan of Highways in such amounts and to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance; and
If the City Council further determines that it is impossible or impracticable to maintain such parkways free of such weeds, debris or rubbish by ordering the use of any other methods, the City Council may order the owners of property fronting on said parkways to pave said parkways with concrete including tree wells and street trees in accordance with the provisions of this section.
(c) Zones Applicable. For purposes of this ordinance the following zones shall be considered commercial or industrial zones: P, PB, CR, C1, C2, C4, CM, M1, M2, and M3.
(d) Notification to Pave. When the Board of Public Works finds that owners of property located in commercial or industrial zones fronting on parkways adjacent to primary or secondary highways have failed to maintain said parkways free of weeds, debris or rubbish, said Board may, upon instructions of the City Council, notify the owner or person in possession of the property fronting on the parkway to pave said parkway with concrete.
(e) Notice Requirements.
1. Notice to pave the parkway may be given by delivering a written notice personally to the owner or other person in possession of the property facing upon the parkway or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at his last known address as it appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the City Clerk.
2. The postal card shall contain a notice to pave the parkway and the Board of Public Works shall immediately upon the mailing of the notice cause a copy thereof, printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property.
3. The notice shall specify the day, hour and place when the City Council will hear and pass upon objections and protests, if any, which may be raised by any property owner or any interested person, but in no case shall such hearing be sooner than 10 days after giving of notice. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon such objections and protests. The decision of the City Council on a protest or objection which may be made shall be final and conclusive.
4. The notice shall set forth the street address and a legal description, sufficient for identification, of the locations at which the parkways are to be paved. It shall particularly specify what parkways are to be paved, and that the paving shall be done pursuant to the specifications set forth in the Municipal Code for sidewalk construction and pursuant to rules and regulations of the Board of Public Works and upon the issuance of a permit by the Board of Public Works. The notice shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion within a reasonable time period to be specified in said notice, the Board of Public Works shall cause the paving to be done and the cost thereof shall be a lien on the property.
(f) Failure to Comply With Notice Board to Perform Work. If the construction is not commenced and prosecuted to completion with due diligence as required by the notice, or by the City Council, the Board of Public Works shall forthwith cause the parkway to be paved, including providing for tree wells and street trees where applicable, and failure by the property owner to pay the costs of the work shall result in a lien against the property fronting on the parkway as provided below. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
Once the Board has commenced the paving work, the owner or person in possession of the affected property shall be deemed to have forfeited all rights and privileges to do such work and is thereafter prohibited from doing such work except as the Board may otherwise allow and if the owner or other person having charge or control of the affected property then proceeds to perform the work without a permit, the Board shall charge the person who caused said work to be performed the sum of $50.00 as partial reimbursement to the City for those expenses incurred in preparation of the work, including solicitation of bids, in the event the City contracts to have the work performed by private contractors.
(g) Collection of Costs. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property fronting on the parkway, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the Citys costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(h) All payments of costs incurred including fees, fines, late charges and interest and of the partial reimbursement referred to in Subsection (f) shall be paid to the Board of Public Works and deposited in the City Treasury to the credit of the proper fund. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(Amended by Ord. No. 146,040, Eff. 7/13/74.)
When a sidewalk, driveway or curb constructed on any street shall be out of repair or in need of reconstruction, or in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, the Board may require that the owners or occupants of lots or portions of lots fronting on said sidewalk, or curb and on the same side of the street where such sidewalk, driveway or curb is located to repair or reconstruct the sidewalk, driveway or curb, or both. The Board may give written notice thereof to the owners of the adjoining premises, or to their agents or to the occupants of such premises, or by leaving a copy of such notice on such premises.
(a) Notice Content of. Said notice shall contain a description of the work required to be done and shall designate the materials to be used and shall specify the manner in which said work shall be done.
(b) Time Required for Repairs. Any owner, agent or occupant of any such premises, within two weeks after notice given as provided herein, shall commence the work of repair or reconstruction, or both, and shall do said work in the manner and with the materials specified in said notice. No owners, agent or occupant of any such premises where notice is given as provided herein shall fail, refuse, or neglect to commence the work required in said notice within the time permitted herein, nor shall any such person after having begun such work fail, refuse, or neglect to proceed diligently with the work to completion in the manner and with the materials specified in said notice.
(c) Failure to Repair. In the event a person neglects, fails, or refuses within two weeks after notification, to begin the work of repair or reconstruction of the property designated in the notice, or fails to prosecute the work diligently to completion, the Board shall have the power to perform the work described in the notice. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(d) Preventive Measures. The Board is authorized to take preventive action such as root pruning or tree removal to prevent damage to curbs, driveways or sidewalks.
(e) Determination of Responsibility for Damage. (Amended by Ord. No. 175,596, Eff. 12/7/03.) Whenever the Board determines that a curb, driveway or sidewalk is damaged as the result of negligence or violation of this Code and the Board determines the responsible party, all costs incurred pursuant to this section shall be a personal obligation of the responsible party, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the Citys costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, if the Board determines that a curb, driveway or sidewalk is damaged to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
EXCEPTION: Preventive measures and repairs or reconstruction to curbs, driveways or sidewalks required as the result of tree root growth shall be repaired by the Board at no cost to the adjoining property owner.
(a) No person shall lay, construct, reconstruct or repair in any street or in, over or through any property or right of way owned by or under the control of the City, any curb, sidewalk, gutter, driveway, approach, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling, or subject any sewer or storm drain to excessive live or dead loading without first obtaining written permit therefor from the Board and without first obtaining approval of plans and specifications and the lines and grades therefor from the City Engineer. (Amended by Ord. No. 115,316, Eff. 2/15/60.)
(b) Any person who desires to make any such improvement upon any private property not dedicated to a public use, may, in order to obtain the City Engineers approval of plans and specifications therefor, city inspection and supervision of the work and to assure that the improvement when completed will be to the satisfaction of the City Engineer and that his acceptance thereof will be available if the improvement be later submitted for dedication to public use, apply for and obtain a permit therefor which shall, after such voluntary application, be treated in all respects as a permit required by law, except that the bond for the faithful performance of the work, provided for in Section 62.111, may be waived. All fees, and all deposits, provided for in the following sections must be demanded and received as in the case of permits required by law, and the City Engineer may impose such other conditions as may, in his discretion, be required to assure that the work may be inspected and supervised without cost or expense to the City, that the work will not cause loss or damage to the City or to the public, and that the improvements when completed, will be acceptable for public use if and when they shall be dedicated to or devoted to such use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
The inspection, supervision and other services rendered or undertaken by the City shall be consideration for any condition imposed upon the applicant and shall be withheld if he refuse any such condition. Whenever any applicant hereunder shall post with the City Engineer a bond conditioned in all respects as provided in Section 62.111, and adequate in amount to comply therewith, such bond shall for all purposes be deemed a bond posted pursuant to that section. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
Nothing in this subsection shall be deemed to bind the City to accept such improvements for public use, however, if for any reason said improvements are not in a condition satisfactory to the City Engineer at the time they are offered for acceptance for public use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
(Added by Ord. No. 115,316, Eff. 2/15/60.)
Except as provided in Section 62.105.4 of this article:
(a) No portion of a driveway shall be constructed between the prolonged intersecting property lines at any street or alley intersection, or between the points of curvature of any curb return having a radius of 20 feet or less.
(b) No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device, and no portion of any driveway shall be constructed within five feet of an existing lighting standard. The location of a driveway with respect to traffic signals, poles, sign posts or fire hydrants shall be in accordance with City Engineers standard plan of driveways.
(c) No driveway approach shall be permitted if the abutting lot does not permit sufficient accommodation for the vehicles using said approach to park without encroaching into or upon the adjacent sidewalks.
(d) No portion of a driveway approach, except side slopes, serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of said adjoining lot. For this purpose, the division between two lots shall be a line passing through the common lot corner at right angles to the curb line regardless of the direction of the side lot line.
(e) (Added by Ord. No. 162,096, Eff. 4/27/87.) If a lot in an RD1.5 or less restrictive zone has legal and physical access to both a standard street and a substandard street, then:
(1) no new driveway shall be constructed from that lot to a substandard street; and
(2) no existing driveway to a substandard street shall be enlarged in conjunction with a building permit for an intensification of use of the lot served by the enlarged driveway.
Ten days prior to the issuance of a Class A permit for a driveway onto a standard street from a lot which also has access to a substandard street, the City Engineer shall notify the Department of Transportation of the pending application for a permit.
For the purposes of this subsection: the City Engineer shall determine whether a street, is standard or substandard; and
intensification of use shall mean any development of a site which would increase the height, floor area, number of occupants, dwelling units, guest rooms, or required parking previously contained in an existing building or on the lot; and
development shall mean the construction of any building or structure, or the addition to or change of use of any land, building or structure.
(Added by Ord. No. 115,316, Eff. 2/15/60.)
(a) The minimum width of an apron shall be 10 feet in the A, RE, RS, R1, R2 and RW Zones, and 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones, measured along the existing or proposed curb line or, if neither exists, then measured as directed by the City Engineer. (Amended by Ord. No. 142,699, Eff. 1/22/72.)
(b) The maximum width of an apron shall be 18 feet, measured along the curb line, when serving a lot in the A or R Zones said 30 feet when serving a lot in the C, M, or PB Zones, as said zones are provided for by Article 2, Chapter I of this Code.
(a) Not less than 20 feet of continuous curb space shall be retained in front of each lot where the street frontage of the property served is greater than 40 feet. Where such frontage is 40 feet or less, continuous curb space shall be retained in front of each lot equal to one-half the length of the frontage, except that this provision shall not be applied to prevent the construction of one apron having a width of 10 feet in the A, RE, RS, R1, R2 and RW Zones, or a width of 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones. (Amended by Ord. No. 142,306, Eff. 9/31/71, Oper. 2/9/72.)
(b) Not less than 20 feet of curb space shall be retained between driveway approaches in front of each lot where there is more than one driveway approach serving any one lot.
(c) Driveway approaches serving adjoining lots shall be separated by at least two feet of full height curb; except that, with the mutual consent of the affected property owners, two such adjacent driveway approaches may be merged into one, provided the maximum apron width along each lot, as set forth in Subsection (b) of Section 62.105.2 hereof, is not exceeded.
Driveway approaches shall be constructed so as to accommodate a 2 1/2 percent upward slope from the top of the existing or proposed curb, or if none then from a point determined by the City Engineer. (Added by Ord. No. 142,306, Operative 2/9/72.)
(Amended by Ord. No. 162,096, Eff. 4/27/87.)
(a) Any person desiring permission to deviate from the requirements of Section 62.105.1(a), (b), (c) or (d), 62.105.2, 62.105.3 or 62.105.4 may file a request therefor in writing with the Board of Public Works. The request must state the exact nature of the deviation requested, and the reason or reasons for requesting it.
(b) The Board may grant deviations from the requirements of Sections 62.105.1(a), (b), (c) and (d), 62.105.2, 62.105.3 and 62.105.4, provided it first determines that the following conditions exist:
1. That the deviation requested arises from unusual or extraordinary physical conditions, or is necessary to permit the proper and lawful development and use of the applicants property;
2. That the granting of the deviation requested will not be contrary to the public safety, convenience and general welfare;
3. That the granting of the deviation will not adversely affect the rights of adjacent property owners or tenants; and
4. That the specific application of the above-mentioned provisions would create unnecessary hardship in the development or use of the property.
These decisions on deviations shall be in writing and shall specify the conditions and terms upon which they are granted.
(Title and Section Amended by Ord. No. 162,868, Eff. 11/22/87.)
Any person or firm seeking the approval of or the testing and analysis by the Department of Public Works of any material, product, service, process or technology relating to this chapter shall first obtain a Class B Permit pursuant to Sections 62.106, 62.108 and 62.110, and shall be required to pay the total costs incurred by the City for any such testing and analysis.
(Amended by Ord. No. 152,836, Eff. 9/28/79.)
All permits for work mentioned in Section 62.105 or Section 65.04 shall be granted under one of the following classes, to wit:
(a) Class A shall include only the repair, construction or reconstruction of curbs, sidewalks, driveway approaches or gutters and work appurtenant to the foregoing, or work within a public easement, where, in the opinion of the City Engineer, the work contemplated is so limited in extent and such simplicity of design that the deposit of those fees provided herein for Class A permits will with reasonable certainty compensate and reimburse the City for the costs of inspection and supervision entailed.
(b) Class B shall include all permits for work not included in Class A except for work for which a revocable permit is issued pursuant to Section 62.118.2 of this Code.
(Added by Ord. No. 167,769, Eff. 5/30/92.)
(a) Fees. (Amended by Ord. No. 176,077, Eff. 8/10/04.) Before acceptance for examination by the City Engineer, the Department of Public Works, through its Bureau of Engineering, shall charge and collect for each application or appeal the following nonrefundable fees:
1. (Amended by Ord. No. 178,131, Eff. 1/18/07.) Tentative Maps - new filings:
A. For each parcel map, a fee of $5,100.
B. For each tract map as follows:
(1) For each condominium tract, a fee of $5,100.
(2) For each subdivision tract of fewer than 20 lots, a fee of $5,100.
(3) For each subdivision tract of 20 or more lots, a fee of $10,000 or actual cost, whichever is greater.
2. Private street map, a fee of $5,100 for each street map. (Amended by Ord. No. 178,131, Eff. 1/18/07.)
3. (Amended by Ord. No. 178,131, Eff. 1/18/07.) Modified or revised maps, whether tentative or recorded, requiring a revised engineering report:
A. For each parcel map, a fee of $510.
B. For each tract map as follows:
(1) For each condominium tract, a fee of $1,200.
(2) For each subdivision tract of fewer than 20 lots total, a fee of $1,200.
(3) For each subdivision tract of 20 or more lots, a fee of $1,200.
C. For each private street, a fee of $510.
4. (Amended by Ord. No. 178,131, Eff. 1/18/07.) Land Use Reviews:
A. For each zone change, a fee of $5,100.
B. For each conditional use permit, a fee of $5,100.
C. For each City Planning case, a fee of $5,100.
D. For each site plan review, a fee of $5,100.
E. For each Coastal Development permit, a fee sufficient to recover the City's actual cost in connection with the permit.
F. For each parcel map exemption, a fee of $1,020.
G. For each certificate of compliance, a fee of $1,020.
H. For each report under the provisions of Section 13.03 of this Code, a fee of $1,100.
(b) Fee Adjustment. The fees herein shall be adjusted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
All work mentioned in Section 62.105 shall be performed in accordance with the latest adopted manual entitled Work Area Traffic Control, the latest adopted Standard Specifications for Public Works Construction, any required plans and special specifications and any permit conditions, and shall be performed to the satisfaction of the Board. All work mentioned in Section 65.04 shall be performed in accordance with specifications, or the specifications and plans, if plans are made, referred to in the permit for such work, and shall be performed to the satisfaction of the Board under the supervision of an inspector appointed by the Board for such work. (Amended by Ord. No. 142,123, Eff. 7/31/71.)
If the warning signs, lights and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be billed to the permittee. (Amended by Ord. No. 142,123, Eff. 7/31/71.)
Any person performing work requiring a Class B permit shall comply with all provisions of Section 62.03.1 of this Code. Any person performing work requiring a Class A permit may be required to comply with the provisions of Section 62.03.1 of this Code if in the opinion of the City Engineer such work involves possibility of contact with any subsurface installation. (Added by Ord. No. 150,478, Eff. 2/6/78.)
(Amended by Ord. No. 142,123, Eff. 7/31/71.)
Any person desiring a permit to perform any work mentioned in Section 62.105 or Section 65.04 shall file a written application therefor with the Board, which shall specify:
(a) The location, nature and amount of work to be performed;
(b) The material to be used;
(c) Such other information as the Board may require.
(Amended by Ord. No. 163,803, Eff. 8/15/88.)
(a) If the application provided for in Section 62.108 is for a Class A Permit, the applicant shall pay the following charges to the Board before such permit is issued:
1. Curb. A charge per linear foot for all types of curbs including depressed curbs across driveways, but not including the gutter portion of integral curb and gutter.
2. Paving, Gutter, Sidewalk, Driveway. A charge per square foot for all types of paving, gutter, sidewalks and driveways.
3. Fills. A charge for each primary standard density test conducted, one test required for each location; a charge for each relative compaction test conducted, one test required for each threefoot layer of fill 50 feet long at any width.
(b) The applicant shall also pay in addition to the above charges:
1. A fee for each application for the repair of an existing sidewalk, driveway curb or gutter as determined herein.
2. A fee for any other application as determined herein.
(c) Where the application is for a permit to do work within a public easement the total fees and charges to be paid shall include a minimum administrative fee established by the Board.
(d) The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
(e) Where the application is for a permit to repair a damage caused by forces beyond the property owners control, including but not limited to, damage caused by a subsidence, pavement failure, deterioration, earthquake damage, and trees located in the public way, no fee or charge shall be imposed for such work, provided however, that the appropriate fee or charge shall be assessed for all other work on the same permit which is not caused by such conditions, and further, that the permit application indicate what specific work is exempt from such fee or charge and what was the cause of such damage. (Added by Ord. No. 167,171, Eff. 9/19/91.)
(Added by Ord. No. 175,393, Eff. 9/21/03.)
(a) Class A Permit Fee Waiver Program. The Bureau of Engineering shall waive or refund any Class A permit application fee under the conditions listed below.
(1) If anyone files an application in person in any Bureau of Engineering walk-in permit counter for a Class A permit as defined in Section 62.106 and:
(A) the applicant waits longer than 30 minutes for service to begin; or
(B) the applicant waits longer than 60 minutes for the processing of permit after submitting all information necessary for processing to begin.
(2) If an applicant applies for a Class A permit over the Internet and:
(A) the applicant waits longer than one business day for service to begin; or
(B) the applicant waits longer than one business day for the processing of the permit after submitting all information necessary for processing to begin.
(b) Class A Permit Fee Waiver Program Guidelines. If an applicant waits longer than the time limits set forth in Subsection (a) and it can be independently verified by Engineering staff, then the Class A permit application fee shall be waived or refunded, as appropriate.
(c) Program Limitations. This Program only applies to those permits issued at a Class A Permit Public Counter and those Class A permits issued over the Internet. This Program is limited to one permit per person per transaction, and does not apply to those permits requiring clearance or review by other City or other governmental agencies. This Program shall be suspended during times of emergency, including, but not limited to, power failures, fires, earthquakes, or other man made or natural disasters.
(a) (Amended by Ord. No. 137,473, Eff. 11/18/68.) If the application is for a Class B permit, the applicant must, before the permit is issued, deposit with the Board an amount estimated by the City Engineer to be sufficient to reimburse the City for any and all of the following costs:
1. Design, plan checking, surveying and any engineering costs or fees;
2. Inspection;
3. Testing of materials;
4. Furnishing of street light energy;
5. Furnishing and installing street name signs, street trees, traffic warning and regulatory signs;
6. Sandblasting obsolete pavement markings
7. Any appurtenant work or other applicable costs.
(b) Final charges for a Class B permit shall be the total cost to the City in connection therewith, as provided for in Subsection (a) of this section. The permittee shall be entitled to a refund of any excess of the amount deposited over the amount of the final charges. In the event the final charges exceed the amount deposited, the permittee shall be required to pay the deficit to the City, and such payment shall be made before the City Engineer approves the completion of the work. (Amended by Ord. No. 112,719, Eff. 2/28/59.)
(Amended by Ord. No. 113,689, Eff. 7/4/59.)
(a) Plans When Required. Upon the issuance of a Class B permit, special plans shall be prepared therefor and thereafter approved by the City Engineer, if in the opinion of the City Engineer such plans are necessary.
(b) Class B Permits Bond Required.
(1) (Amended by Ord. No. 135,199, Eff. 9/15/67.) No class B permit shall be issued unless the applicant shall first file with the City Engineer a good and sufficient bond, approved by the Board or its duly authorized representative. The bond shall be in an amount equal to the cost of the proposed work as estimated by the City Engineer. The bond shall contain a condition requiring the faithful performance and completion of the work for which the permit is issued, in accordance with the permit and the plans and specifications prepared therefor, as well as a condition requiring the performance of any work required to be performed pursuant to the provisions of Section 61.02 of this Code. The bond also shall require the payment of all costs referred to in Section 62.110 which may be incurred or expanded by the City in causing such required work to be done. Said bond shall also guarantee payment to the City of all engineering inspection and administrative costs and fees incurred by the city as a result of issuance of the Class B permit. The bond shall be either a cash bond or a bond executed by a company authorized to act as surety in this State.
EXCEPTION: No such bond shall be required for the issuance of a Class B permit for design or checking only, or where the requirement has been waived pursuant to the authority of Section 62.105(b)
(2) Where any sewage works which include the installation of machinery or equipment to be operated by the City, are to be constructed, no Class B permit shall be issued therefor unless the applicant, in addition to the above mentioned bond, shall first file with the City Engineer a good and sufficient performance bond, approved by the Board, or its duly authorized representative. The bond shall be in an amount equal to one-half of the cost of the purchase and installation of such machinery or equipment, as estimated by the City Engineer, and shall be conditioned upon the repair, adjustment or replacement of any defective equipment or parts thereof, the correction of any faulty installation, upon the payment of all necessary costs and expenses which may be incurred or expended by the City, other than ordinary maintenance and operation expenses, to obtain satisfactory performance thereof during a period of one year from the date of acceptance of such sewage works by the Board. The bond shall be either a cash bond or a bond executed by a company authorized to act as surety in this State. (Amended by Ord. No. 112,719, Eff. 2/28/59.)
(c) Cash Bond Reimbursement to Be Made Therefrom.
(1) Whenever the applicant elects to post a cash bond, the Board is hereby empowered, in the event of any default on the part of the permittee in the performance of any work or improvement for which the permit was granted or in the payment of any charges due the City arising out of the issuance of such permit, to deduct therefrom on behalf of the City an amount sufficient to reimburse and to indemnify the City for any and all damages sustained by the City by reason of faulty or defective work, or by reason of carelessness or negligence of the permittee, or by reason of any failure on the part of the permittee faithfully and properly to perform and complete the work in accordance with the plans and specifications. In the event of any such default on the part of the permittee, the Board may, at its option, cause all the required work to be done and may expend therefor the whole amount of such cash bond or any part thereof. (Amended by Ord. No. 92,478, Eff. 12/21/47).
(2) Whenever the applicant elects to post a cash bond under (b)(2) above, the Board is hereby empowered in the event that adjustment or replacement of any defective equipment or parts from the date of completion and acceptance by the Board of said work, and for a period of one year thereafter, to deduct from the cash bond deposited the amount or amounts of money necessary to correct any faulty installation, replacement of defective equipment or parts, and payment or payments for all necessary costs and expenses which may be incurred by the City other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47).
(d) Surety Bond Collection and Enforcement.
(1) (Amended by Ord. No. 135,199, Eff. 9/15/67.) Whenever a surety bond has been filed in compliance with this section, the Board is hereby empowered, in the event of any default on the part of the principal, to enforce collection, under such bond of all sums due and unpaid to the City as charges arising out of the issuance of the permit, and for any and all damages sustained by the City by reason of faulty or defective work, or by reason of the carelessness and negligence of the permittee in the performance of the work, or by reason of any failure on the part of the permittee to faithfully and properly to perform, in accordance with the permit and the plans and specifications, the work or improvement for which the permit was issued, or by reason of any failure on the part of the permittee to faithfully and properly perform any work required to be performed pursuant to the provisions of Section 61.02. In the event of any such default on the part of the permittee, the Board may, at its option, cause all the required work to be done and surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.
(2) Whenever a surety bond has been filed in the compliance with (b)(2) of this section, the Board is hereby empowered in the event that adjustment or replacement of any defective equipment or parts from the date of completion and acceptance by the Board of said work, and for a period of one year thereafter, to enforce collection under such bond, of all sums necessary to correct any faulty installations, replacement of defective equipment or parts, and payment or payments for all necessary costs and expenses which may be incurred by the City, other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47.)
(e) Termination of Bond.
(1) The term of each bond filed or posted pursuant to this section, shall begin upon the date of the filing or posting thereof and shall end upon the date of the completion, to the satisfaction of the City Engineer, of all the improvements covered by the permit. The fact of such completion shall be evidenced by a statement thereof signed by the City Engineer, a copy of which shall be furnished to any surety upon request. In any case where a cash bond has been posted there shall be returned, on demand, to the permittee or to his successors or assigns, upon or after the date of the issuance of said certificate, the amount of such cash bond less the amount, if any, expended by the Board to complete the work or otherwise taken or deducted by the Board to reimburse or to indemnify the City for any loss or damage incurred prior to the date of such acceptance as a result of any default covered by the cash bond. (Amended by Ord. No. 92,478, Eff. 12/21/47.)
(2) The term of each bond filed or posted pursuant to (b)(2) of this section shall begin upon the date of filing and posting thereof and shall end one year from the date of the completion and acceptance of such sewage work by the Board. Where a cash bond has been posted, there shall be returned, on demand, to the permittee or to his successors or assigns, upon or after the lapse of one year from the date of the completion and acceptance by the Board of the sewage works, the amount of such cash bond less the amount, if any, expended by the Board for the adjustment or replacement of any defective equipment or parts, or to correct any faulty installations, or payments for all necessary costs and expenses which may be incurred by the City, other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47.)
(f) Duplication of Security Not Required. If the applicant has already on file with the City Engineer, and in full force and effect, a surety bond or a deposit posted pursuant to the provisions of the Subdivision Map Ordinance (Ordinance No. 79,310, approved March 1,1938) assuring the completion of the work for which the permit is requested, and adequate in amount to meet the requirements of this section, no other bond shall be required to be posted by him in order to comply with this section.
(g) Class B Permits Issuance Required: (Amended by Ord. No. 153,469, Eff. 6/1/80.) A Class B permit for any work for which such permit is required, shall not be issued until the applicant has filed with the City Engineer a protective liability policy of insurance in which the City has been named as insured or as co-insured with the permittee. The policy of insurance shall insure the City and its officers and employees, while acting within the scope of their duties, against all claims arising out of, or in connection with, the operations of the permittee or any contractor or subcontractor of the permittee pursuant to the permit. The policy of insurance shall provide coverage as follows:
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate products and completed operations
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits.
No person shall commence any work mentioned in Section 62.105 of this Code for which a permit has been issued, unless such person has made application to the Board for an inspector therefor at least 24 hours before commencing said work, specifying in said application the location at which and the day and hour when said work will commence. (Amended by Ord. No. 112,719, Eff. 2/28/59.)
Whenever any permittee has completed any work under Class B permit, said permittee shall notify the City Engineer, or his duly authorized representative, in writing. If the City Engineer has found, by survey or inspection, or both, that the work has been completed in accordance with the requirements of the permit issued therefor, and all the provisions of Sections 62.105 to 62.116, inclusive, he shall issue upon request of the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under the permit.
(a) All Class A and B permits issued under the provisions of Sections 62.105 to 62.116, inclusive, shall expire and be cancelled six (6) months after the date of their issue, unless sooner requested by the permittee and unless actual construction of the work authorized by the permit has been commenced prior to the expiration of the six (6) month period; all Class A and B permits shall expire and be cancelled sixty (60) days after the date on which actual construction of the work was commenced, unless a longer construction period is specified in the permit, in which case such permit shall expire at the end of the longer construction period specified therein. The Board may extend the time for the starting or the completion of the work, upon good and sufficient cause being shown therefor by the permittee, and such extension shall not be deemed to release any surety or any bond posted pursuant to Section 62.111.
(b) In the event any permittee shall not construct a portion of the work authorized by a Class A permit, such permit, upon the application of the permittee, may be cancelled as to the omitted work only.
(c) The permits issued for any work in streets designated by the Board as important traffic arteries shall contain a completion date specified by the City Engineer in the permit and the permittee shall complete the work within the time specified in said permit. (Added by Ord. No. 111,083, Eff. 5/10/58.)
Upon the expiration or cancellation of any Class A Permit, the money paid to the City pursuant to the requirements of Section 62.109 of this Code, less an amount determined by the Board as necessary to cover administrative costs in connection with said permit shall be returned to the permittee. Upon the expiration or cancellation of any portion less than 100% of a Class A Permit, the money paid to the City pursuant to the requirements of said Section 62.109, less administrative costs as determined above plus all charges applicable to the work completed under the permit, shall be returned to the permittee. In order to obtain such a permit, in either case, application therefore must be made by the permittee in writing within six months from the date of expiration or cancellation and upon surrender of the permit. (First Unnumbered Paragraph Amended by Ord. No. 163,803, Eff. 8/15/88.)
Upon the expiration or cancellation of any Class B permit, the money deposited with the City pursuant to the requirements of Section 62.110 of this Code, less any amount expended by the City in connection with the permit, shall be returned to the permittee; provided that such a refund is requested by the permittee in writing within six months from the date of expiration or cancellation and upon surrender of the permit. (Amended by Ord. No. 146,924, Eff. 3/12/75.)
No person to whom a permit has been granted under the provisions of Section 62.105 to 62.116, inclusive, shall perform any of the work mentioned in Section 62.105 in an amount or quantity greater than that specified in the permit, except that upon approval by the City Engineer, additional work may be done under the provisions of this permit in an amount not greater than ten per cent (10%) of the amount specified in the permit. Any bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section, within the limit mentioned herein.
No person performing any work under the provisions of Sections 62.105 to 62.116, inclusive, shall fail, neglect or refuse to remove all material and debris within three (3) days after the completion of the work. Where new work is covered with earth, the terms of the specifications of this City governing such work shall control.
(a) Sections 62.105 to 62.116, inclusive, shall not be construed to apply to the performance of any of the classes of work therein mentioned under contracts made by property owners and duly authorized by ordinance, or under contracts made by the Board in accordance with the provisions of the Charter of this City or the general laws of the State of California, providing for the improvement of streets in municipalities.
(b) Sections 62.105 to 62.116, inclusive, shall not be construed to apply to the construction, reconstruction, or repair of any curb or sidewalk by any department of this City or other governmental agency which elects to perform such work using its own departmental forces where in the opinion of the City Engineer surveys, plans or inspection are not required. This exception shall not apply to the performance of any such work by the contractor engaged to perform the same by any such department or governmental agency.
Any person who desires to have the Department of Public Works perform any special service or any grading, construct any pavement, or other surfacing, or curb, sidewalk, gutter or any other public works in any street, alley or other public way either by the letting of a contract therefor or by using labor employed by the City and materials purchased by the City, and who desires to pay to the City the cost or any portion of the cost of such work, may apply to the Board of Public Works therefor. The Board of Public Works is hereby empowered, at its discretion, to arrange for the performance of said work and to accept deposits of such amounts as shall be determined by the Board to be necessary to pay the costs of the said work or portion thereof, and the amount of incidental expenses incurred by the City, or portion thereof, in connection with the performance of said work. Said amounts shall be deposited with the City Treasurer to the credit of appropriate funds under the jurisdiction of the Board, for which a proper receipt shall be rendered to the depositor.
Upon the completion of the work, any unused portion of the money deposited shall be refunded to the depositor.
Where the Board of Public Works finds that a building, structure or improvement maintained or proposed to be constructed within the public street will not interfere with the maintenance and use of the street and is not intended for use by the public, it may issue a permit other than or in addition to a Class A, Class B or Excavation Permit for the maintenance or proposed construction of such building, structure or improvement or any excavation in connection therewith. Before any investigation necessary to make such determination is performed, the Board of Public Works, through the Bureau of Engineering, shall collect a fee determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. Such permit shall be revocable at any time. (Amended by Ord. No. 163,803, Eff. 8/15/88.)
No person owning or operating a steam, electric, interurban or street railroad shall pave that portion of any street used by the tracks thereof which such person is required by law to pave and keep in repair, or construct the tracks or the roadbed of such tracks in any other manner than as prescribed in Section 62.120 to 62.128 inclusive.
Whenever the Council shall order any street, upon or across which there are any steam, electric, interurban or street railroad tracks, to be paved with asphalt, vitrified brick, stone block or other permanent pavement, any person having such tracks thereon, shall construct the roadbed of such tracks in the following manner:
All ties upon which rails are laid shall be firmly embedded in hydraulic cement concrete, or if the said person shall so elect, in ballast composed of broken stone or screened gravel, grouted as hereinafter provided. In case hydraulic cement concrete is used, it shall be composed, by volume, of not less than one (1) part Portland cement to three (3) parts sand and six (6) parts of broken stone or screened gravel. The concrete shall extend at least six (6) inches below the bottom of the ties with the top of the ties, but said concrete below the bottom of the pavement base need not extend more than three (3) inches beyond the ends of the ties. In case ballast is used it shall be composed of hard durable stone or of screened gravel, free from dust and dirt, of such sizes and so graded as to permit of thorough grouting. The ballast shall be at least six (6) inches thick below the bottom of the ties; and the space between and around the ties shall be filled in with ballast, level with the top of the ties; but said ballast need not extend more than three (3) inches beyond the end of the ties. The entire thickness of the ballast shall be thoroughly grouted with hydraulic cement mortar composed by volume of not less than one (1) part Portland cement, to three (3) parts sand; provided, however, that in case of any street ordered to be paved with asphalt, the Board may, at its discretion, grant such person special permission to use ballast without grouting, up to the level of the bottom of the base of such asphalt pavement; except, that in case such permission is granted, hydraulic or Portland cement concrete of the character herein provided, shall be laid between the ties and beneath the rails extending not less than one (1) foot on each side of each rail and not less than four (4) inches in thickness beneath the rails.
Whenever the Council shall order the street upon or across which there are any steam, electric, interurban or street railroad tracks, to be paved or otherwise improved, any person having such tracks thereon, or across the same, shall pave or otherwise improve that portion of such street required by law to be paved and kept in repair, by any person having steam, electric, interurban or street railroad tracks thereon, in the following manner:
The portion of the street between the rails, and for two (2) feet on each side thereof and between the tracks, if there be more than one, shall be paved or otherwise improved in a similar manner in all respects; except as hereinafter provided, to the work so ordered to be performed upon the contiguous portion of the street, under the same specifications and superintendence, with the same kinds of material and to the like satisfaction and acceptance; provided, that upon all streets which may be hereafter paved with asphalt, that portion of the street for a space of not less than six and one-half (6 1/2) inches on the gauge side and not less than three and three-quarter (3 3/4) inches on the outer side of each rail of such tracks and contiguous thereto, shall be paved with stone blocks; all of said blocks to be laid evenly and uniformly on edge in cement mortar upon a concrete foundation and grouted with hydraulic or Portland cement mortar, composed by volume, of one (1) part of cement to one (1) part sand. Special types of blocks or special methods of constructing the pavement along the rails, may be used with the written consent of the Board. Upon all streets which may be hereafter improved or re-improved with asphalt or similar pavement, the specifications for which require a binder course, such binder course need not be constructed between the rails, within two (2) feet of the rails, or between the tracks, if there be more than one track.
The entire roadbed construction and paving, except as herein otherwise provided shall be in accordance with the plans and cross sections for railroad track construction, on file in the office of the City Engineer, which plans and cross sections are numbered 26.261 and 26.262 and are designated Plans and Cross Sections for Street Railroad Track Construction in the City of Los Angeles, and are hereby adopted as and for the plans and cross sections therefor.
No person owning or operating any steam, electric, interurban, or street railroad, shall use any rails other than grooved girder rails not less than seven (7) inches in height, of such pattern and dimensions as shall be approved by the Board, in the track or in the construction of any new track of such stream, electric, interurban or street railroad, upon, along or across any street that shall, after the effective date of Ordinance No. 29,121, approved February 3, 1914, be paved or is paved with asphalt, vitrified brick, stone blocks or other permanent pavement, except on curves where guard rails are used, or on track crossings, or switches, or upon steel bridges, or on those portions of streets where the gradient exceeds ten per centum, or on any street intersection at the lower termination of gradients exceeding ten per centum.
No person owning or operating any steam, electric, interurban, or street railroad, shall use any rails, other than grooved girder rails, not less than seven (7) inches in height of such pattern and dimensions as shall be approved by the Board of Transportation Commissioners in replacing the rails of any tracks that shall be taken up and replaced, with new or other rails in streets now paved with asphalt, vitrified brick, stone blocks or other permanent pavement. Nothing herein contained shall be construed to require the use of such grooved girder rails on curves where guard rails are used, or on track crossings, or on those portions of streets, where the gradient exceeds ten (10) per centum, or on any street intersection at the lower termination of gradients exceeding ten (10) per centum, or on streets not paved with asphalt, vitrified brick, stone blocks or other permanent pavement, or upon steel bridges. Nothing herein contained shall be construed so as to prevent the use of any rails laid in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, until such rails shall be replaced or shall be required to be replaced by new or other rails as provided by Sections 62.119 to 62.128 inclusive. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)
Rails laid and in use in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, may be replaced by rails of a type other than grooved girder rails, herein required with the written consent of the Board of Transportation Commissioners, in any case, where such replacement shall not exceed one hundred fifty (150) feet of single track. The Board of Transportation Commissioners is hereby authorized and directed upon application made to said Board of Transportation Commissioners to examine into and consider the facts and circumstances in each particular instance. Whenever, in the opinion of the Board of Transportation Commissioners, based upon traffic conditions on any street, it is unreasonable, under existing conditions to require the use of such grooved girder rails, or to require the construction work of any railroad to be done in the manner provided in Sections 62.119 to 62.121 inclusive, or whenever, in the opinion of the Board of Transportation Commissioners, based upon market conditions, it is impossible or impracticable to obtain such grooved girder rails, the Board of Transportation Commissioners is hereby authorized and empowered to permit, by order or resolution, the use upon certain designated streets, of rails other than grooved girder rails, of such pattern and dimensions as the Board of Transportation Commissioners may prescribe, and authorize the construction of the roadbed, and the laying of ties, to be done in such manner as the Board of Transportation Commissioners may determine and specify; and the Board of Public Works is hereby authorized and empowered in such instances, by order or resolution, to permit the paving adjacent to the tracks and other construction work to be done in such manner as the Board of Public Works may determine and specify. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)
The provisions of Sections 62.122 and 62.123 shall not be deemed to require the use of grooved girder rails of the type described therein in the construction, operation or maintenance of electric street railroad tracks, upon the streets hereinafter named, or to require the removal of rails, other than grooved girder rails, laid prior to the adoption of Ordinance No. 29,121, approved February 3, 1914, in, upon or along the following named streets:
Washington Street from Western Avenue to the westerly City Limits; Vernon Avenue from Vermont Avenue to the easterly City Limits; Adams Street from Eleventh Avenue to the westerly City Limits; Hoover Street from Seventh Street to Wilshire Boulevard; Beaudry Avenue from Alpine Street to Sunset Boulevard; Commonwealth Avenue from Wilshire Boulevard to Fifth Street.
Nothing contained in this section shall be deemed to relieve any person constructing, operating or maintaining electric street railroad tracks in, upon or along any said tracks above named, in the event the rails of said tracks are hereafter removed, or said tracks, or roadbed reconstructed, from replacing the rails so removed and constructing the roadbed of such electric street railroad in accordance with the provisions of Sections 62.119 to 62.128 inclusive.
Whenever the Council shall have, by Ordinance, ordered any street to be paved or otherwise improved, upon or across which the tracks of any steam, electric, interurban or street railroad exists, the Board shall, at the time said Board makes a written contract for and fixes the time for the completion of work described in such ordinance, by resolution, also fix the time within which any person having such steam, electric, interurban or street railroad tracks thereon, shall complete the reconstruction of the tracks and the roadbed of such tracks, in the manner provided in Sections 62.119 to 62.128 inclusive, and complete the paving in the manner specified in such ordinance, of the portion of such street, required by law, to be paved and kept in repair by such person, for the entire length of the street or portion thereof, used by such tracks and so ordered to be paved. In the case of any such street so ordered to be otherwise paved or improved, the Board shall fix a time within which any such person shall, in the manner specified in such ordinance, complete the paving or other improvement of such portion of such street, for the entire length of such street or portion thereof used by such tracks and ordered to be paved or otherwise improved. The Board by such resolution shall require such person to do the work specified therein, within the time so fixed. Said resolution shall refer to said ordinance for further particulars.
Such time shall not be less than the time specified in such contract for the completion of the work described therein and may be for such longer period as the Board shall deem proper. The Board shall cause a copy of the resolution, certified by its secretary, to be forthwith served upon such person. Service of such copy may be made by delivering personally to the manager, superintendent or agent of such person in this City. Proof of the service of such notice shall be made by the affidavit of the person making the same and the record thereof shall be kept in the office of the Board. Nothing herein contained shall be construed to prevent the Board from extending the time so fixed by it and specified in said resolution, for good cause, and prior to the expiration thereof, upon an application in writing made by such person. Upon the service of the copy of the resolution, as aforesaid, it shall be the duty of such person to prosecute the work specified in resolution with due diligence to completion, within the time so fixed, or within such time as so extended by the Board.
(Based on Sec. 9, Ord. No. 29,121, Eff. 3/18/14.)
Whenever any person having steam, electric, interurban or street railroad tracks upon or across any street that has already been paved with asphalt, vitrified brick, stone blocks, or other permanent pavement, shall desire to replace the rails of such tracks, or ties, or both, with new rails or ties, or both, such person shall, before commencing such work, give written notice to the Board of his intention so to do. Thereupon the Board shall cause an inspection to be made of the portion of the street where it is so proposed to do such work or replacement; and if upon such inspection, the Board shall find that the pavement thereof or the tracks or the roadbed thereof, where it is proposed to do such work, has not been constructed in conformity with the provisions of Sections 62.119 to 62.128 inclusive, the Board shall, by resolution, order said person to reconstruct such tracks and roadbed and any part thereof, and to repave the said portion of such street in the same manner as provided in Sections 62.119 to 62.128 inclusive. The Board shall, in such resolution, fix the time within which the work therein described shall be done and shall cause a copy of such resolution to be served upon such person. Such service shall be made, proved and a record thereof kept, in the same manner provided for the service of the resolution mentioned in Section 62.125. The time specified in the order may be extended by the Board, for good cause, upon written application made by such person prior to the expiration of such time. If the Board shall find, upon such inspection, that the roadbed where it is proposed to lay such new rails or ties has been ballasted with broken stone or screened gravel, nothing herein contained shall be construed to prevent the Board at its discretion, from not requiring such roadbed to be reconstructed. If the distance for which such person shall desire to replace such rails, or ties, or both, shall be less than one hundred and fifty (150) feet, the Board may, at its discretion, grant a special permit to use such paving material in the work as the Board may prescribe; and if such permit is granted, all work or paving and repairing thereunder shall be done under the instruction and to the satisfaction of the Board.
Any person served with a copy of said resolution, as herein provided, is hereby required to prosecute the work specified therein diligently to completion within the time so fixed and stated therein, or within such time as may be extended by the Board.
(Based on Sec. 10, Ord. No. 29,121, Eff. 3/18/14.)
Whenever any portion of the roadbed, track, pavement or the wearing surface of the pavement of that part of any street required by law to be paved and kept in repair, by any person having steam, electric, interurban or street railroad tracks thereon, is out of repair, or needs reconstructing, the Board shall, by resolution, order such person to repair, replace or reconstruct such portion of the roadbed, track, pavement, or of the said wearing surface, within such time as the Board shall fix, which time shall be stated in such resolution. A copy of said resolution shall be served upon said person in the manner provided for the service of the resolution mentioned in Section 62.125.
Any person served with a copy of said resolution is hereby required to do the work of repair, replacement, or reconstruction within the time fixed therefor and stated in said resolution.
No person having steam, electric, interurban or street railroad tracks upon or across any street within the central traffic district as defined in Section 80.00 of this Code, shall replace or repair the rails of any such tracks or ties, or both, or repair, replace or reconstruct the roadbed, track pavement or wearing surface of such roadbed, or make any excavation in or under the surface of any street within said district for any such purpose, between the hours of Seven P. M. and Six A. M. of any day. The provisions of this section shall not apply to any emergency work or repairs to or upon any such rails, tracks, ties, roadbed, pavement or wearing surface within said district which excavation, work or repairs are made and performed under the direction or authorization of the Board. (Based on Sec. 10-a of Ord. No. 36,357, Eff. 5/25/17.)
That the following regulations shall apply to those certain streets in this City, known as Wilshire Boulevard, from Park View Avenue to the west City limits; Adams Street from Grand Avenue to Hoover Street; Boyle Avenue from Whittier Boulevard to First Street; Alvarado Street from Seventh Street to Hoover Street; and Occidental Boulevard from First Street to Sixth Street; which have been heretofore dedicated as open, public boulevards:
(a) No railroad or pipe line franchise shall ever be granted, and no railroad track or pipe line shall ever be laid or constructed, except water pipes, sewers, gas mains and conduits for telephone and electric wires, for service of the property fronting on said boulevards and house connections and connections of water, sewers, and gas pipe lines, or conduits for telephone and electric wires on intersecting streets.
(b) No permit shall ever be issued allowing the moving of any house or building along and upon said boulevards and no house moving shall ever be done on said boulevards or along and upon the same between said points.
(c) No person shall erect or maintain any telephone, telegraph or other pole or mast in or upon said Occidental Boulevard between First Street and Sixth Street; provided, however, that this section shall not apply to the erection or maintenance of any pole or mast for supporting street lamps erected and maintained by this City or by any person under contract with said City to light said boulevard.
No person shall place or leave any sand, gravel, dirt or rubbish or permit the same to remain on any street or sidewalk.
(a) The Board is hereby authorized to grant permits to any person for the installation of temporary decorative electric lighting upon or over any street or sidewalk for a period not exceeding thirty (30) days.
(b) Each such permit granted by the Board shall be signed by the Chief of the Electrical Division of the Department of Building and Safety, and shall state the kind of work to be done thereunder, the location where such work is proposed to be installed and the period of time for which such permit is granted.
(c) The applicant for each such permit shall pay to the City such fees therefor as are fixed by Chapter 9, Article 3, and shall install such temporary decorative lighting specified in said permit in accordance with the provisions of Chapter 9, Article 3.
(d) No person shall fail, neglect or refuse to remove all such electric wiring, connections, fixtures, devices or other electric appliances installed pursuant to any such permit upon or over any street or sidewalk, or refuse to repair, replace or leave any such street or sidewalk in the same condition as it existed prior to the installation of such temporary decorative lighting.
(Added by Ord. No. 86,614, Eff. 7/31/42.)
(a) Purpose. The purpose of this ordinance is to provide a limited availability for charitable and non-profit entities to advertise their event or a series of events utilizing the City of Los Angeles' street light poles according to the criteria set forth below. It is not the intent of the City to provide a general public forum or to allow non-City entities or persons to post messages on the City's light poles by the use of street banners. The City shall not discriminate based on the content of the requested event banner, nor based on the nature of the event, provided that the requested banner meets all requirements of this ordinance. In no way shall this ordinance be construed to limit the City's inherent right to hang City sponsored street banners from municipal street light poles. (Added by Ord. No. 176,630, Eff. 6/14/05.)
(b) Definitions. (Former Subsec. (a) Redesignated as Subsec. (b) by Ord. No. 176,630, Eff. 6/14/05.)
1. "Street Banner." Any pennant, streamer, flag, sign, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise displayed over any public street, way or place, designed for decoration or advertisement, or to attract the attention of passersby; except, however, official warning devices, public service facilities, street lights and the like. The term shall not include signs the installation and maintenance of which is regulated by Article 1, Chapter 9 of this Code. (Amended by Ord. No. 89,977, Eff. 1/28/46.)
2. "Each Installation." Each wire or rope from which one or more street banner are suspended shall be deemed to be one "installation". Multiple banners suspended from a single pole shall also be deemed one installation, provided that the multiple banners comply with all other laws, rules and regulations covering street banners. (Amended by Ord. No. 172,899, Eff. 12/23/99.)
3. "Event." Shall be defined as something that takes place within the City of Los Angeles at a venue that is open for attendance by the City's citizens regardless of their age, gender, race, religion or physical disability. A telethon or phone-a-thon shall be considered an "event" under this definition if it meets all other requirements of this ordinance. (Added by Ord. No. 176,630, Eff. 6/14/05.)
4. "Community Event." Shall be defined as an event, or a series of events that promotes civic pride in a local community within the City of Los Angeles or the City of Los Angeles as a whole, and that is not a purely commercial enterprise and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
5. "Charitable Event." Shall be defined as an event, or a series of events where the proceeds, if any, will directly benefit a charitable organization that maintains its charitable status under Internal Revenue Code § 501(c)(3). (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
6. "Non-Profit Event." Shall be defined as an event, or series of events that is sponsored by an organization that is incorporated or otherwise organized as a non-profit organization under the laws of the State of California or the Internal Revenue Code and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
7. "City of Los Angeles Event." Shall be defined as an event, or series of events that is organized and administered by the City of Los Angeles or by any of its operating departments, boards, commissions or bureaus and that has been approved by the City Council. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
8. "Citywide Event." Shall be defined as an event for which organizers will install in excess of 200 banners. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
9. "Non-Event Banner." Shall be defined as a banner that identifies or denotes on the banner an area, community, district or other recognized geographic portion of the City of Los Angeles, such as a Business Improvement District, or contains a public service announcement from the City and meets all other requirements of this ordinance. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.)
(c) Street Banners General Prohibition. No street banners shall be installed in the public right of way except for street banners expressly authorized by subsection (d) below. (Former Subsec. (b) Redesignated as Subsec. (c) and Amended by Ord. No. 176,630, Eff. 6/14/05.)
(d) Street Banners Exemptions from General Prohibition. (Former Subsec. (c) Redesignated as Subsec. (d) and Amended by Ord. No. 176,630, Eff. 6/14/05.)
(1) The City of Los Angeles may hang, or authorize a third party to hang on its behalf, street banners that announce a City of Los Angeles event. The City Council may also authorize the hanging of City of Los Angeles sponsored non-event street banners, including street banners requested by any of the City's operating departments, boards, commissions, bureaus or requested by other governmental entities, that do not announce a specific event but that contain public service announcements or that identify or denote on the banner an area, community, district or other recognized geographic portion of the City of Los Angeles, such as a Business Improvement District. All banners requested by other governmental entities, other than the City of Los Angeles, shall be subject to the applicable fees as authorized in this code.
(2) The City of Los Angeles may issue a permit to hang event street banners that announce either a Community event, a Charitable event or a Non-Profit event or non-event street banners requested by a charitable or nonprofit entity that identify or denote on the banner an area, community, district or other recognized geographic portion of the City of Los Angeles, such as a Business Improvement District.
(e) Street Banners Content. (Added by Ord. No. 176,630, Eff. 6/14/05.)
(1) The text on all event street banners that announce Community, Charitable or Non-Profit events shall be limited to the following content: the name of the event; the name of the charitable or non-profit organization who is the permit applicant, and, if the name of the organization is in a language other than English, the English translation of the name; the date of the event; the time of the event; the location of the event and, if desired by the applicant, either a telephone number or web address for persons to obtain additional information concerning the event. The name of any event shall be no more than 8 words and contain no more than 50 letters.
(2) The content of all community identity non-event street banners shall be limited to the name of the area, community, district or other recognized geographic portion of the City of Los Angeles such as a Business Improvement District and may contain an introductory word or words, such as "Welcome to" or "Entering." City of Los Angeles non-event banners may contain public service information or messages.
(f) Permit Required. No person shall install or maintain any street banner without a permit therefor from the Board of Public Works. A separate permit shall be required for each banner design and location, but all street banners suspended in one city block, or in a number of contiguous city blocks, by one permittee, shall be deemed to be at the same location. Permits shall not be issued for light poles on streets where the adjoining land use is primarily single-family residential. (Former Subsec. (d) Redesignated as Subsec. (f) by Ord. No. 176,630, Eff. 6/14/05.)
(g) Application and Fee. Applications for permits shall be made jointly by the primary event sponsor and the commercial entity installing the banners upon forms prescribed by the Board. The application must include a clear replica of the proposed banner or banners, including any text on said banners, for each proposed installation, and said application shall also include all other information required by the Board for the protection of public safety, welfare and property. One application may include any number of locations, provided that the applicant must submit replicas of all different banners proposed to be installed under the single application. (Former Subsec. (f) Redesignated as Subsec. (g) and Amended by Ord. No. 176,630, Eff. 6/14/05.)
(h) Insurance Policy to be Posted. (Former Subsec. (g) Redesignated as Subsec. (h) by Ord. No. 176,630, Eff. 6/14/05.) No permit shall be issued hereunder unless the commercial entity installing the street banners has on file with the Board a satisfactory policy of insurance so conditioned as to insure the City, its officers and employees against any loss, cost, expense, injury, damage or liability incurred by reason of any personal injury or property damage sustained by any person, caused by or resulting from or which may be claimed to have been caused by or to have resulted from, the installation or maintenance of any street banner or appurtenance installed under the permit, or from any failure to install or maintain any such street banner or appurtenance in the manner required by this ordinance or by rule, regulation or order of the Board, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. Furthermore, by the policy, the City, its officers and employees as named assures, must be insured against any property damage or personal injury resulting from any such cause.
In addition, the policy shall be so conditioned as to assure the ability of the applicant to respond in damages, in any action brought for personal injury or property damage sustained by any person, based upon any ground mentioned above.
The limit of liability upon any policy posted or maintained hereunder shall not be less than $500,000.
(i) Bond or Cash Deposit. (Former Subsec. (h) Redesignated as Subsec. (i) by Ord. No. 176,630, Eff. 6/14/05.) No permit shall be issued hereunder unless in addition to the insurance policy herein above required, the applicant commercial entity installing street banners posts or has on file with the Board a surety bond or cash deposit so conditioned as to assure that the City shall be reimbursed for any expense that may be incurred by the Board in removing any street banner or appurtenance installed pursuant to the permit, in repairing damage to street lighting equipment resulting from the banner installation, or in otherwise enforcing any order, rule or relation of the Board. Upon the face of each application received, the Board shall indicate the amount of indemnity required upon each permit requested, which shall be at the reasonable discretion of the Board. The amount of the bond or cash deposit shall not be less than the amount so indicated. The unused portion of any cash, or other deposit shall be returned to the applicant.
The applicant commercial entity installing street banners shall be required as a condition to obtaining a permit, to indemnify and hold harmless the City, the Department, its officers and employees, from any liability resulting from the applicant's use of the public property and shall execute the necessary agreements satisfactory to the City Attorney.
(j) Term Bond or Continuing Cash Deposit Acceptable. A separate bond or cash deposit may be posted in connection with each particular, but in lieu thereof, the Board may accept a term bond or a continuing cash deposit conditioned to cover all permits which may be issued to any one applicant commercial entity installing street banners during a specified period of not to exceed one year, provided, however, that when the total aggregate required indemnity on all permits requested by the applicant commercial street banner installation company is greater than the limit of liability on the term bond, or greater than the cash deposit maintained, no additional permits shall be issued to the applicant commercial street banner installation company until sufficient additional indemnity to cover the same is furnished. (Former Subsec. (i) Redesignated as Subsec. (j) by Ord. No. 176,630, Eff. 6/14/05.)
(k) Permits Issuance Denial. Provided that any application for a permit to hang a street banner or banners meets the eligibility requirements of this ordinance, the Board shall issue, in whole or in part, a permit authorizing the installation of the requested street banner or banners, as long as the required fees, bond, insurance policy and other protection prescribed above have been posted and approved and provided the installation of such banner or banners will not damage public property, unreasonably interfere with its proper use, or endanger public safety or welfare, as determined by the Board of Public Works. Each street banner permit application shall be reviewed by staff in consultation with the City Attorney to determine if the request complies with all the requirements of this ordinance. If staff determines that the request is in full compliance with this ordinance, the permit shall be issued. If staff determines that the application is not in compliance with this ordinance, staff shall timely notify the applicant of the reason or reasons for non-compliance and, if possible, suggest what could be done to bring the street banner request into compliance with the ordinance. If a street banner request is ultimately denied by the City, staff shall e-mail or fax the basis of the denial to the applicant. (Former Subsec. (j) Redesignated as Subsec. (k) and Amended by Ord. No. 176,630, Eff. 6/14/05.)
(l) Permit - Duration. (Former Subsec. (k) Redesignated as Subsec. (l) by Ord. No. 176,630, Eff. 6/14/05.)
(1) Single Event. The term of each permit shall be specified on the permit by the Board. The term of the permit for street banners announcing a single event shall not exceed 30 days. A permit may be renewed or extended for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a single event installed pursuant to a permit issued pursuant to this code remain on the City's light standards for more than 90 days in a 12 month period.
(2) Series of Events. The term of each permit shall be specified on the permit by the Board. The term of the initial permit for street banners announcing a series of events shall not exceed 60 days. An initial permit may be renewed or extended for one additional 30 day term. After 90 days, pursuant to an initial permit with two renewals, a second permit application may be submitted for a term of 30 days to maintain the already installed street banners. The second permit may be renewed for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a series of events installed pursuant to a permit issued pursuant to this code remain on the City's light standards for more than 180 days in a 12 month period.
(3) Non-Event. The term of each permit shall be specified on the permit by the Board. The term of the initial permit for non-event street banners shall not exceed 90 days. An initial permit may be renewed or extended for up to three additional 90 day terms. A permit may not be renewed or extended at any of the 90 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee.
(m) Permits - Location of Street Banners Announcing an Event or Series of Events. All street banners announcing an event or series of events must be placed on all usable streetlight poles on one City block. Any permit to hang street banners announcing an event or series of events pursuant to this code shall be deemed a "City-wide" permit request if the number of light poles involved is 200 or more. If a permittee requests 200 or more light poles, the party requesting the permit may place a maximum of 50 street banners in the vicinity of the event venue and must place the remaining street banners equally in all Council districts. (Former Subsec. (l) Redesignated as Subsec. (m) by Ord. No. 176,630, Eff. 6/14/05.)
(n) Permits Revocation. (Former Subsec. (m) Redesignated as Subsec. (n) by Ord. No. 176,630, Eff. 6/14/05.) Permits may be revoked by the Board in whole or in part on one or more of the following grounds:
1. The maintenance of any street banner endangers public welfare, safety or property;
2. Failure or refusal to observe any provision of this section or any rule promulgated by the Board pursuant to authority granted by this section; or
3. A material misrepresentation in the application.
(o) Removal of Street Banner. (Former Subsec. (n) Redesignated as Subsec. (o) by Ord. No. 176,630, Eff. 6/14/05.) Upon expiration of any permit, any street banner covered thereby must be removed by the permittee within 72 hours of the date of expiration unless a renewal or written extension is granted by the Board. Any street banner not so removed may be removed by the Board without notice to the permittee. Upon whole or partial revocation of any permit, all street banners covered thereby must be removed on the same date of revocation unless a renewal or written extension is granted by the Board. Any street banner not so removed shall, upon reasonable notice to the permittee, be removed by the Board. Where any street banner presents an immediate threat of harm to the public health, welfare or safety, the Board shall summarily cause its removal.
The costs of all Board removals shall be collected by the Board from the permittee or from his surety.
(p) Installation and Maintenance of Street Banners. Every street banner must be installed and maintained so as to be safe at all times; it must not include a print size for any text smaller than that adopted by the Board of Public Works in its rules and regulations; it must not obstruct the clear view of traffic signals by pedestrians or operators of bicycles, motor bikes, cars, trucks or any other type of vehicle or mode of transportation; it must have a minimum clearance of 22 feet over rails used by freight cars, of 16 feet above roadways. The Board may prescribe other needed clearance requirements. (Former Subsec. (o) Redesignated as Subsec. (p) by Ord. No. 176,630, Eff. 6/14/05.)
(q) Rules and Regulations. Consistent with this section, the Board may adopt rules or regulations to administer the installation, maintenance and removal of street banners including rules or regulations pertaining to their location, size, suspension and construction. The Board may adopt any other rule or regulation for the protection of public safety, welfare or property. (Former Subsec. (p) Redesignated as Subsec. (q) by Ord. No. 176,630, Eff. 6/14/05.)
(r) Commercial Content on Street Banners. Nothing in the general prohibition on street banners shall prevent a for-profit entity from receiving recognition on the street banners announcing an otherwise allowable Community, Charitable or Non-Profit event, or on permitted non-event street banners, provided that the recognition of the for-profit sponsorship shall be limited to the name and or logo of one for-profit sponsoring entity per street banner and the size of said name or logo shall be limited to less than 20% of the total area of the street banner. The City of Los Angeles may defray the cost of City of Los Angeles organized and administered events, and the cost of non-event street banners by allowing for-profit entities to co-sponsor City organized and administered events and non-event street banners, provided that the recognition of the for-profit entity's co-sponsorship of City events, or non-event street banners is limited to the same size and content as for allowable Community, Charitable, or Non-Profit events or permitted non-event street banners. (Former Subsec. (q) Redesignated as Subsec. (r) by Ord. No. 176,630, Eff. 6/14/05.)
(s) The provisions of Article 7, Chapter 6, prohibiting certain outdoor advertising structures, post signs and advertising statuary adjacent to freeways, and establishing the procedure for the consideration and issuance of permits for such structures, signs and statuary, shall also apply in the same manner and degree to "Street Banner". (Former Subsec. (r) Redesignated as Subsec. (s) by Ord. No. 176,630, Eff. 6/14/05.)
(t) Street Banners City Ownership after 30 Days. Up to 3% of the street banners included in any permit application and hung in the City of Los Angeles for more than 30 days may become the property of the City of Los Angeles, if a permittee is notified, at least three days prior to the expiration of the permit, that the City wishes to take possession of the street banners once they are removed from the City's poles by the permittee. If so notified, the permittee shall return the banners to the City once they are removed from the City's poles. If the City fails to notify the permittee at least three days before the expiration of the permit that it wishes to take possession of the banners, the City shall forfeit its right of ownership over said banners. (Former Subsec. (s) Redesignated as Subsec. (t) by Ord. No. 176,630, Eff. 6/14/05.)
(Added by Ord. No. 88,703, Eff. 10/14/44.)
(a) Definitions. For the purpose of this section, certain terms are defined as follows:
1. Canopy. The term canopy shall mean any fixed structure, framework, appendage, appurtenance, shelter or shade, without enclosing walls, covered with canvas, cloth, galvanized iron, aluminum, approved slow-burning plastic or similar material erected, constructed or maintained at or over the entrance way to a building or place of business within a building, and extending over any public street or sidewalk supported by an individual framework from the ground except such projections from buildings as are enumerated in Sec. 91.4501 of this Code.
2. Approved Slow-Burning Plastic. The term approved slow-burning plastic shall mean an approved plastic which burns no faster than two and one-half inches per minute when tested in accordance with A.S.T.M. D635-44 or A.S.T.M. D568-43. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(b) Permit Required. No person shall erect or maintain any canopy without a permit from the Board of Public Works. Any permit granted under the provisions of this section shall be valid only as to the location specified therein, and where application is made to erect and maintain two or more canopies, a separate permit shall be required for each canopy. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(c) Expiration Renewal. Permits issued under the provisions of this section shall expire on the 30th day of June next following the date upon which each such permit is granted. Such permits may thereafter be renewed annually upon the payment of the fee hereinafter prescribed. Applications for renewal shall be made at least 30 days prior to the expiration of any permit issued. In the event a permit is issued for the erection or construction of a new canopy and said canopy is not erected or constructed within 90 days from the date of issuance of the permit therefor, said permit shall become null and void. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(d) Applications. Applications for such permit shall be in writing upon forms provided by the Board. Each application for a permit to erect or construct a new canopy shall be accompanied by evidence showing whether the owners or persons in lawful possession of abutting properties on the same side of the public street (or streets where the canopy is to be erected or constructed on a corner) for a distance of 100 feet on each side of the proposed canopy, and within the same city block, object to or are agreeable to the erection, construction and maintenance thereof. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(e) Issuance of Permits. (Amended by Ord. No. 96,851, Eff. 9/10/50.) The Board may issue a permit to erect or construct a new canopy if, in its judgment, the grant of the requested permit would not be contrary to the public interest and would not result in serious inconvenience to persons using the public street or sidewalk, or residing in the vicinity, and if the proposed location of the canopy is an appropriate one.
No permit shall be issued to erect a canopy over the sidewalk at any location where the construction of such a canopy between the property line and the entrance to the building on the property is prohibited by the zoning regulations, as contained in Chapter I of this Code, or is prohibited by a building line or setback line established by ordinance.
(f) Fees. Permit, annual inspection and renewal fees shall be charged for the erection, construction and maintenance of such canopy. Such fees shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. In addition, an annual reimbursement of insurance costs fee of $5.00 shall be charged. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(g) Insurance. No permit shall be issued hereunder unless the applicant post or has on file a satisfactory policy of insurance so conditioned as to insure the City, its officers and employees against any loss, cost, expense, injury, damage or liability incurred by any reason of any personal injury or property damage sustained by any person, caused by or resulting from or which may be claimed or have been caused by or have resulted from the issuance of any permit under this section, with the erection, construction or maintenance of any structure or work under such permit, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. (Amended by Ord. No. 165,630, Eff. 4/23/90.)
(h) Construction. All framework and supports including metal covering, if any, shall have corrosion-resistant surfaces. All sheet metal screws shall be stainless steel or equivalent. All bolts, nuts, and washers shall have cadmium plate, galvanized or equivalent corrosion-resistant surfaces. All metal surfaces shall be properly prepared before the protective coating is applied. If paint is used, the first coat must be a suitable, top quality metal primer like that used in current structural practice. The second and third coats must be a top quality outside synthetic enamel, the second coat to have a different shade from the third or final coat. All work shall meet current standard commercial practice. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Each canopy shall be supported by vertical metal posts set into the sidewalk or parkway on a line not less than one foot and not more than two feet from the face of the curb; provided, however, that when the width of the sidewalk or parkway is such that in the opinion of the Board, two posts will not safely and satisfactorily support such canopy, additional vertical posts shall be installed, pursuant to instructions from the Board. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Each canopy shall be constructed in such a manner that no portion thereof shall extend closer than one foot to the face of the curb. No canopy shall exceed a height of 12 feet or a width of 10 feet; except, however, where the entrance to any building or place of business exceeds the width of 10 feet, the Board may authorize a canopy of greater width. The horizontal framework shall not be less than eight feet above the sidewalk or parkway at every point. (Amended by Ord. No. 104,682, Eff. 1/29 /55.)
A valance or border, if made of canvas, cloth or similar fabric, shall be at least seven feet above the sidewalk or parkway at every point; however, if the canopy is covered with metal, or an approved slow-burning plastic no portion of the valance or border shall be less than seven feet, six inches above the sidewalk or parkway at every point. A valance or border shall be of the same type of material as the covered portion. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Wherever canvas, cloth or cloth-like plastic material is used as covering for such canopy, it shall be treated with a flame-retardant treatment to the satisfaction of the Fire Department. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Canopies of metal or an approved slow-burning plastic shall be designed for a 15-lb. wind and a 15-lb. live load by an architect or engineer. Plans shall be submitted in triplicate with calculations to the City Engineer for his approval prior to the issuing of a permit. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(i) Design of Coverings. Each canopy shall be covered with durable and substantial quality of canvas, cloth, galvanized iron, aluminum, an approved slow-burning plastic or similar material, and the aesthetic design of each canopy shall require approval of the Board of Cultural Affairs Commissioners. (Amended by Ord. No. 173,297, Eff. 6/30/00, Oper. 7/1/00.)
No sign, poster, placard, banner, printing, lettering, name, wording, number, figure, electric illumination or advertising shall be on or attached to any canopy except printed or painted lettering and numbers on the lower half of the front, and on the valance or lower border of the sides of the canopy, not to exceed six inches in height and containing only the name of the building or place of business, and the legal street number thereof. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(j) Inspection. Prior to the issuance of a permit for the erection or construction of a new canopy, an inspection shall be made of the place where the canopy is to be so erected or constructed. Prior to the renewal of any canopy permit an inspection of the existing canopy shall first be made. Each permittee shall at all times maintain his canopy in good condition and repair. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(k) Power to Suspend or Revoke. The Board may revoke or suspend any permit for the erection and maintenance of any canopy for failure to comply with the provisions of this section, and it shall be unlawful for any person whose permit has been suspended or revoked to erect or maintain such canopy. In event of revocation of a permit, such canopy, including all framework and supports, shall be entirely removed, and the sidewalk or street restored to its original condition. Thereafter no permit shall be issued except in the manner provided for the granting of a new permit. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(l) Regulations. The Board is authorized to prescribe such other uniform regulations as to structure, design, specifications for frame work and construction as it may deem necessary, to which regulations such canopies shall conform. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(m) Plastics - Approval by Board.
1. All plastic materials of which canopies are to be constructed must be approved by the Board. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
2. The Board may require that all plastic materials to be used in the construction of a canopy be submitted for test by a testing agency approved by the Board. No plastic material required by the Board to be submitted to a testing agency for analysis shall be approved by the Board unless the person requesting said approval submits a written report of the analysis by such testing agency. (Added by Ord. No. 108,894, Eff. 3/22/57.)
(Added by Ord. No. 82,863, Eff. 7/7/40.)
As hereinafter used in Sections 62.136 to 62.148, inclusive of this article, the following words are defined as follows:
(1) The word overload shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the Vehicle Code of California. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
(2) The words public utility are used as defined in Section 62.82 of this Code.
(3) The phrase Central Traffic District is used as defined in Section 80.00 of this Code relating to traffic.
(4) Public Street or Place shall mean and include any highway, alley, roadway, road, bridge, place or way of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
(5) Whenever any word or phrase used hereinafter in this article is not defined herein, the definition in the Vehicle Code of California shall be deemed to apply.
(Added by Ord. No. 82,963, Eff. 7/7/40.)
(a) It shall be unlawful for any person to move any overload upon any public street or place in the City of Los Angeles without a permit therefor from the Board of Public Works of the City of Los Angeles.
(b) It shall be unlawful for any owner or other person having control or supervision over any overload to cause or permit any such overload to be moved over any public street or place unless a permit therefor has been issued by the Board and is valid and unrevoked.
(c) Every permit shall be carried in the vehicle of combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the State Department of Public Works, any inspector of the Board, or any officer or employee charged with the care or protection of the highways.
(d) It shall be unlawful to move or to cause or permit to be moved any overload contrary to the terms of the permit issued by the Board.
(Added by Ord. No. 82,963, Eff. 7/7/40.)
It shall be unlawful for any person, unless accompanied by an inspector assigned thereto by the Board, to move upon any public street or place, any overload:
(a) (Deleted by Ord. No. 173,969, Eff. 6/22/01.)
(b) When the load or transporting vehicle exceeds in width one-half the narrowest roadway over which such overload is moved;
(c) When the load or transporting vehicle exceeds eighteen 18) feet in width, or eighteen (18) feet in height;
(d) When the load or vehicle exceeds 110 feet overall in length, or 125 feet with steerable rear axles. (Amended by Ord. No. 173,969, Eff. 6/22/01.)
(e) Waiver by Board. If the Board finds that the movement may be made safely, without damage to the pavement or undue interference with traffic, the Board may waive the requirements of this section. (Added by Ord. No. 108,046, Eff. 10/18/56.)
(Added by Ord. No. 82,963, Eff. 7/7/40.)
It shall be unlawful for any person to move, or to cause or permit to be moved upon any public street or place:
(a) (None)
(b) Any overload over any route other than that expressly designated in the permit issued therefor;
(c) Any overload on any Saturday, Sunday, or on the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, that the Board may permit overloads to be moved on Saturday, Sunday or any of such holidays if it finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 62.136. (Amended by Ord. No. 145,625, Eff. 4/6/74.)
(d) Any overload at any time of day not expressly designated in the permit;
(e) Any overload within the Central Traffic District except between the hours of 12:00 oclock midnight and 6:00 oclock A.M.;
(f) Any overload in rainy or foggy weather, either day or night, when visibility is reduced to less than 1,000 feet; (Amended by Ord. No. 173,969*, Eff. 6/22/01.)
(g) This section shall not apply to any overload moved at the special instance and request of any authorized police officer in the event of flood, fire or other public disaster or exigency.
*Sec. 4 of this ordinance states, in part, The amendment to Subsection (f) of Section 62.138 shall remain in effect for a period of one year only and shall thereafter be automatically repealed unless extended or modified prior to that date.
It shall be unlawful to park or to leave an unattended overload in and upon any street, alley or other public way in the City of Los Angeles between sunset and sunrise. It shall be moved off the traveled way or pavement so as to interfere in no way with passing traffic. (Added by Ord. No. 82.963, Eff. 7/7/40.)
When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four in number and be visible from a distance of five hundred (500) feet to the front, to the rear, and to each side, respectively, of such overload; flagmen must be employed to warn oncoming traffic of the presence of such overload. The inspector may require such additional warning and signs as may appear necessary for the protection of oncoming traffic. (Added by Ord. No. 82,963, Eff. 7/7/40.)
(Amended by Ord. No. 123,538, Eff. 2/9/63.)
No permit to move any overload shall be issued by the Board unless the applicant has first:
(a) Made written application therefor upon forms provided by the Board. Said application shall fully describe the vehicle or vehicles to be operated and load to be moved, and except in the case of annual permits, the particular highways, public streets and places over which permission to operate is requested, and shall state whether such permit is requested for a single trip, or for continuous operation over a period not to exceed 30 days, or on an annual basis. The Board may require the applicant to furnish it with such other information as the Board determines is necessary under the circumstances in order to carry out the provisions of this article.
(b) Paid the fees required by Subsection (c) of this section and complied with all other applicable provisions of this article.
(c) (Amended by Ord. No. 165,675, Eff. 5/11/90.) At the time the application is filed to the Board, the applicant shall pay:
(1) A fee for each single trip permit.
(2) A fee for each day a 30-day permit shall be in effect.
(3) A fee for each annual permit.
The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
(d) In lieu of paying those individual permit fees required by Subsection (c) of this section and in lieu of making those deposits required by Section 62.146, the applicant may make and maintain with the Board a general deposit in the sum of $500.00 which shall be used to guarantee payment of permit fees and inspection fees to be billed on a monthly charge account basis. (Added by Ord. No 136,358, Eff. 5/6/68.)
(Added by Ord. No. 82,963, Eff. 7/7/40.)
(a) If the Board shall determine, from the application or upon such independent investigation as the Board deems necessary, that the issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, it shall deny the application; otherwise, the permit shall be issued; but the Board in its discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated, or otherwise limit or prescribe conditions of operation, when necessary to assure against undue damage to road foundations, surfaces or structures, or to protect highways, bridges or other public property or places from injury or damage or to protect life or property;
(b) The Board shall determine the times when the overload may be moved, in accordance with the provisions of this article, and in accordance with public convenience and safety;
(c) The Board shall determine the route over which each overload may be moved, in accordance with the clearance permitted by underpasses, overhead wires and other obstacles and conditions of a similar or dissimilar nature.
(a) The Board may issue permits for continuous movement of identical overloads over the same route for a period not to exceed 30 days, and may also issue permits on an annual basis for the moving of oversize and/or overweight truck cranes, house trailers, oil well service equipment, airline food service vehicles and miscellaneous construction equipment such as crawler tractors, carry-all scrapers, pull-type scrapers, crawler cranes, backhoes, rollers, compactors, pavers, portable conveyors, concrete spreaders, concrete tampers, concrete floats, tool sheds, construction offices and equipment utilized in filming. (Amended by Ord. No. 168,434, Eff. 1/28/93.)
(b) No such annual permit shall be issued, however, unless the applicant shall post and maintain with the Board a policy of property damage insurance in compliance with Section 62.145. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
(c) Each annual permit shall expire on the last day of February next following the date of issuance; and shall be revocable by the Board at any time upon good cause therefor being shown. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
(d) The Board shall adopt such rules and regulations regarding the issuance of annual permits as it determines are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled, days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety and welfare or property. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
(Added by Ord. No. 82,963, Eff. 7/7/40.)
(a) (Amended by Ord. No. 123,538, Eff. 2/9/63.) No permit to move any overload shall be valid unless it shall set forth specifically on its face:
(1) The period of time for which it is to be effective;
(2) The route or routes over which the overload or overloads may be moved;
(3) The hours of the day during which the overload may be moved.
(b) (Amended by Ord. No. 123,538, Eff. 2/9/63.) No permit shall be granted to move any overload during the following hours:
(1) On Mondays through Fridays, from 7:00 A.M. to 9:00 A.M., and from 4:00 P.M. to 6:00 P.M.
(2) (None)
(c) This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. (Amended by Ord. No. 145,625, Eff. 4/6/74.)
(Amended by Ord. No. 133,054, Eff. 10/27/66.)
(a) Every applicant for a single trip, thirty day or annual permit to move any overload over any public street or place within the City shall post and maintain with the Board before the permit is issued a policy of property damage insurance or a bond in the amount of not less than $10,000 or in such greater amount as the Board deems satisfactory. Such policy or bond shall be first approved by the Board and shall be conditioned that the permittee will pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and the City shall be indemnified for any such loss or damages.
(b) If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction.
(Amended by Ord. No. 165,675, Eff. 5/11/90.)
(a) Every applicant for a permit to move any overload required by law to be accompanied by an inspector shall deposit in advance an amount to be determined by the Board to be adequate to cover the cost of inspection. Such deposit shall be determined by applying the charge established by the Board for each 4 hours, or fraction thereof, to the time deemed by the Board necessary for the performance of such service. In lieu of making individual deposits for each application, the applicant may make and maintain with the Board a general deposit in the sum of $500.00, which shall be used to guarantee payment of permit fees and inspection fees to be billed on a monthly charge account basis.
(b) At the completion of the moving of such overload, the Board should deduct from such individual deposit (or if a general deposit is maintained, the Board shall bill) the established charge for each 4 hours or fraction thereof of time required for such inspection, and shall refund to the depositor any difference between the amount deposited and the amount so deducted.
(c) Charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
(Added by Ord. No. 82,963, Eff. 7/7/40.)
(a) Whenever any overload is required by law to be accompanied by an inspector, and when a valid permit has been issued therefor, and when all fee and deposits have been paid to the Board, the Board shall assign an inspector to accompany the overload.
(b) It shall be the duty of the mover of such overload to notify the Board at least twenty-four (24) hours in advance of the time the move is to be started.
(Added by Ord. No. 82,963, Eff. 7/7/40.)
Whenever the moving of any overload shall require the removal or displacement of any wire or other property of any public utility it shall be the duty:
(a) Of the Board to give notice, to determine upon the issuance of the permit and to otherwise act in the manner prescribed in Section 62.84B, 62.84.1 and 62.85 of this Code as to the applications of house movers;
(b) Of the applicant or permittee, to give notice, to make deposits and to make compensation as in said sections required on the part of house movers;
(c) Of the Public Utility, to act as prescribed in the provisions of said section relating to Public Utilities.
(Added by Ord. No. 83,584, Eff. 12/15/40.)
The provisions of Section 62.135 to 62.148, inclusive, shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with the Board an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such government, agency or instrumentality, then it need not pay any permit fee or post any deposit or policy of property damage insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. (Amended by Ord. No. 123,538, Eff. 2/9/63.)
Whenever the Board shall determine that the interests of the national defense or public safety require that any overload be moved at a time or in a manner not permitted by the express provisions of the article, it may endorse upon the permit an express exemption from any such particular provisions, which exemption shall be effective as to any overload moved under that permit. The Board may attach such conditions to any such exception as it may deem reasonable to be required for public safety or the protection of property, including a requirement of fair indemnity on behalf of the City, members of the public, or both. (Amended by Ord. No. 145,625, Eff. 4/6/74.)
The Board, through its authorized officers and employees, shall exercise jurisdiction and control over the planting, maintenance and care of trees, plants and shrubs in all streets of the City. (Added by Ord. No. 153,500, Eff. 4/18/80.)
(Added by Ord. No. 153,500, Eff. 4/18/80.)
(a) The Board, through its authorized officers and employees, shall have charge of and direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of trees, plants and shrubs in the streets of the City, and shall have charge of all work incidental to the above activities, and shall issue all permits for the replacement, removal, planting, cutting, pruning or trimming of trees, shrubs and plants in the streets of the City.
(b) The Board, through its authorized officers and employees, shall determine the variety of trees, shrubs and plants that may be planted in, upon or along any street, or any portion thereof, and the distance apart at which such trees, shrubs or plants shall be planted. The permit issued for the planting of such trees, shrubs or plants shall state the variety of trees, shrubs or plants that shall be planted, the distance apart at which the same shall be planted and the location of each tree, shrub or plant, and the size thereof.
(Added by Ord. No. 153,500, Eff. 4/18/80.)
It shall be the duty of the Board, through its authorized officers and employees:
(a) To set out or plant any and all shade trees and shrubbery on public streets or parkways, and to take general care and supervision of all trees, plants and shrubbery planted and growing in the streets of the City, and to encourage the planting, care and preservation of shade or ornamental trees and shrubbery in said streets as hereinafter set forth;
(b) To inspect all trees, shrubs and plants in all streets of the City which are open for travel, and, upon discovering that any such trees, shrubs or plants are infected or infested with scale, plant or animal life or growth or any insect detrimental to the growth, health or life of such trees, shrubs or plants, to remove, eradicate or destroy such condition. If any trees, shrubs or plants in any street are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, such trees, shrubs or plants may be removed and destroyed if such removal and destruction is deemed appropriate by the Board;
(c) To inspect any and all trees, shrubs and plants which are in any street in said City, or which, standing on any private estate, overhang or project into any such street, to determine whether any of the same or any part thereof appears to be dead, liable to fall, dangerous or an obstruction to public travel on any such street.
The Board, through its authorized officers and employees, shall prepare and keep records, maps or plans, showing the kinds of trees which have been planted, from time to time, upon the streets of the City, under the Boards supervision. (Added by Ord. No. 153,500, Eff. 4/18/80.)
The Board, through its authorized officers or employees, shall prepare all reports required by law under any general laws of the State of California in connection with the planting or maintaining of trees on streets in the City, and said Board shall exercise the powers and duties that are now or that may hereafter be imposed by general laws of the State relating to tree planting, except such powers and duties as are placed on other officers, boards or employees by the Charter, and shall make recommendations to the Council from time to time as to what particular work should be ordered by the Council under the various tree planting acts of the State of California. (Added by Ord. No. 153,500, Eff. 4/18/80.)
The Board, through its authorized officers or employees, shall have charge of enforcing and carrying out the rules and regulations prescribed under Section 56.08 of this Code. (Added by Ord. No. 153,500, Eff. 4/18/80.)
In the event that the City shall itself undertake to do the actual work of planting and maintaining trees, shrubs, plants and lawns in any street under any general law of the State of California, or in conformity with any procedure or ordinance of the City of Los Angeles, the same shall be done by the Board and assessments shall be levied thereby. Collection of such assessments shall be made by the person designated by law to do so. (Added by Ord. No. 153,500, Eff. 4/18/80.)
In case any tree, shrub or plant in any street in the city, or standing on privately owned real property and overhanging or projecting into a public street, appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such street, the Board shall cause the same, or such parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, to be cut down, and, if in the street, to be removed therefrom. Before the Board causes any such tree or shrub to be cut down or removed, the Board shall give at least ten days written notice of its intention to so proceed to the owner, occupant, or agent of the property upon which the tree or shrub is located, or of the property which abuts that part of the street in which the tree or shrub is located, provided, however, that where the immediate cutting and removal of the tree is necessary to protect the public from danger, such notice shall not be required. Such an owner, occupant, or agent may file with the Board his or her objection to such cutting and removal. These objections must be filed within seven (7) days after the Board has given such notice of intent. In the event the objections are timely filed, the tree or shrub shall not be cut down or removed unless such owner, occupant, or agent has been given a reasonable opportunity to be heard in support of his or her objection. The Boards determination after the hearing shall be set forth in writing and a copy thereof forwarded to the party who had filed the objections. (Added by Ord. No. 153,500, Eff. 4/18/80.)
No person shall plant, remove, destroy, cut, prune or deface or in any manner injure any tree or shrub in any street in the City, without first obtaining a permit to do so from the Board. (Added by Ord. No. 153,500, Eff. 4/18/80.)
The Board may require, as a condition to any permit to remove or destroy a tree, that the permittee plant another tree of the type and size specified in the permit, within forty (40) days from the date of the issuance of the permit, in place of the tree to be destroyed or removed pursuant to the permit. It shall be a misdemeanor for a permittee to fail, refuse to comply with, or to willfully violate any condition or requirement imposed in such a permit. (Added by Ord. No. 153,500, Eff. 4/18/80.)
(Amended by Ord. No. 166,973, Eff. 7/1/91.)
A fee shall be charged for each permit issued by the Board for the removal or cutting down of any tree in or upon any street or parkway in the City. Such permit fee shall provide for the removal or cutting down of ten (10) or less trees. Any permit for removal or cutting down of more than ten (10) trees shall require an additional fee for each additional unit of ten (10) trees, or any fraction thereof. Such permit shall specifically describe the work to be done, and shall be void thirty (30) days from the date of issuance. No fee shall be charged for any permit to plant any tree, shrub or plant.
The Board shall waive any permit fee required by this section for the removal of a live parkway tree if it determines that the root system of the tree is a primary cause of any sidewalk, curb, driveway, sewer or structure repair required.
The fees herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
No person shall move any building or other object along any street in such manner as to injure any tree or shrub in such street without first having obtained a permit therefor from the Board, and said Board may, if deemed advisable, require any person moving a building or any other object along a street in said City to furnish a bond in an amount sufficient to cover the damage or destruction of trees or shrubs on any street. (Added by Ord. No. 153,500, Eff. 4/18/80.)
Tree stakes or guards may be placed around trees, shrubs or plants by the Board, by its authorized officers or employee, or by property owners, provided the same are merely placed near a tree, shrub or plant, for the purpose of protecting or training such trees, shrubs or plants. (Added by Ord. No. 153,500, Eff. 4/18/80.)
No person shall pile building material, or other material, about any tree, plant or shrub in any street in any manner that will in any way injure such tree, plant or shrub. (Added by Ord. No. 153,500, Eff. 4/18/80.)
Whenever any trees are planted within the public streets as a condition precedent to the recording of a subdivision, as provided for in Ordinance No. 79,310, the Board, for a continuous period of five years after the recording of said subdivision, shall have charge, superintendence and control of the maintenance of said trees in a manner to insure proper growth in accordance with the originally approved planting scheme. Such maintenance may include but shall not be restricted to watering, pruning, replacing and general care of said tree. (Added by Ord. No. 153,500, Eff. 4/18/80.)
(Amended by Ord. No. 166,973, Eff. 7/1/91.)
Whenever any street tree or street trees are required in connection with a subdivision, parcel map, zone change, conditional use or Class A or Class B permit as referred to in Section 62.105 of this Code, or whenever any street tree or street trees are provided pursuant to Section 12.21A6 of this Code, and maintained by the Department of Public Works, a fee shall be paid to the Department of Public Works to cover the expense of maintaining such trees for a period of five (5) years after planting. This fee shall be paid at the same time and in the same manner as any fees for planting such trees are paid. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees.
(a) Obstructions Prohibited. (Amended by Ord. No. 163,509, Eff. 5/23/88.) On property at any corner of any intersection not controlled by official traffic control signals or by stop signs at or near the entrances to one or more intersecting streets it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view necessary for the safe operation of motor vehicles at such intersections, higher than three feet above the level of the center of the adjacent intersection within any visibility triangle.
The terms visibility triangle, as illustrated in Figure A, shall be deemed to be that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway 45 feet from the point of intersection of the extended curb lines or edges of roadway.
The term intersection as used in this section is defined in Section 365 of the Vehicle Code of the State of California.
(b) Exceptions: (Amended by Ord. No. 127,787, Eff. 8/1/64.) The foregoing provision shall not apply to permanent buildings; public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on the date this ordinance becomes effective; official warning signs or signals; post signs as defined in Article 7, Chapter 6 of this Code; or to places where the contour of the ground is such that there can be no cross-visibility at the intersection.
FIGURE A*
VISIBILITY TRIANGLE
* NOTE: The hatched areas in this figure illustrate the visibility triangle areas at typical intersections.
The Board may grant further exceptions where it finds that the encroachment is not an obstruction to visibility and where such encroachment is not in conflict with the zoning or building line regulations of Articles 2 and 4 of Chapter I of the Los Angeles Municipal Code. Applications for exception shall be in writing and shall be filed with the Board in the manner it prescribes.
(c) Enforcement. The enforcement of this ordinance shall be under the direction of the Board of Public Works. The Board shall designate representatives of the Department of Public Works who may, on behalf of the Board, investigate violations of this section, give such notices as may be required to carry out this section, and to perform such other duties in connection with the enforcement of this section as may be imposed upon them by the Board.
(d) Remedies. (Amended by Ord. No. 175,596, Eff. 12/7/03.) In addition to the remedies proved in Section 11.00 of this Code, or by State law, any obstruction maintained in violation of this section may be deemed a nuisance, and upon failure to abate the nuisance within 20 days after the posting upon the premises of notice to abate the nuisance signed by an authorized representative of the Board, an authorized representative of the Board may enter upon the premises and remove or eliminate the obstruction.
All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the Citys costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
(e) Scope. No obstruction to cross-visibility shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption hereof, unless expressly exempted by the terms of this section.
(f) Additional Requirements Contained in Chapter I, Article 2. In addition to the requirements of this section, all corner lots in the C or M Zones shall be developed in accordance with the provisions of Section 12.21 C.7. of this Code. (Added by Ord. No. 143,825, Eff. 10/19/72.)
(g) Neither the enactment of this section nor the enforcement of or failure to enforce any provision herein is intended to or shall impose a liability upon the City not otherwise imposed by law. (Added by Ord. No. 163,509, Eff. 5/23/88.)
(Amended by Ord. No. 154,185, Eff. 8/25/80.)
(a) The Department of Public Works shall require a fee as a condition of a grading permit involving the import or export of more than one thousand cubic yards of earth materials to or from a site in the hillside area. The fee shall be based upon the total number of cubic yards of earth materials to be imported and the miles of public streets to be traversed within the hillside area, excepting freeways, by a haul vehicle on one trip in one direction. To such factors a charge determined by the Board for transportation of one cubic yard per mile shall be applied, with the minimum and maximum fee to be established by the Board. The fees and charges herein shall be adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(b) The Department of Public Works may also require, as a further condition of a grading permit, that the applicant pay a fee of $500 for the preparation of a noise and vibration study in the event such study is needed to determine whether the applicants activity in transporting earth materials in the manner proposed will endanger the public health, safety or welfare. Upon payment of said fee and upon request therefor by the Department, the General Services Department shall prepare such report.
(Added by Ord. No. 148,167, Eff. 5/3/76.)
The Department of Public Works may require a bond as a condition of a grading permit involving the import or export of more than 100 cubic yards of earth materials within a hillside area. Any such bond shall be in a form approved by the City Attorney, executed by the permittee and a corporate surety authorized to do business in this state in an amount sufficient to cover the cost of repair of any damage to the public streets and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein, reasonably expected to result from the permittees operations. The conditions of the bond shall guarantee payment to the City for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. In lieu of a surety bond, the permittee may file a cash bond with the Department upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted may be in the form of cash or negotiable United States securities. The term of such bond shall begin on the date of filing and shall remain in effect until the completion of the hauling operations and subsequent inspection of the affected public streets by the Department of Public Works.
(Repealed by Ord. No. 180,881, Eff. 10/26/09.)
(Article Enacted and Amended by Ord. No. 170,607, Eff. 7/17/95.)
Section
62.250 Major Transit and Transportation Construction Impact Area Traffic Management.
62.251 Coordination of Activities Within the Public Way - Public Way Reservation System (PWRS).
(Amended by Ord. No. 175,630, Eff. 12/28/03.)
A. General Provisions.
1. Purpose. The purpose of this article is to minimize the loss of traffic capacity within various Major Transit and Transportation Construction Impact Areas resulting from construction activity, including Metro Rail, Light Rail, busway, utility, private development, street improvement, street maintenance, and major public works projects.
2. Scope. This article shall apply to any activity or work within any public street or alley within a defined Major Transit and Transportation Construction Impact Area commencing with the effective date of this ordinance and extending until the completion of all major transit and transportation construction within the City of Los Angeles.
B. Definitions. For the purposes of this article, the following definitions apply:
1. Appeals Committee. The General Manager of the Department of Transportation, the City Engineer, the Director of the Bureau of Street Services, and the Director of the Bureau of Contract Administration, or their designees. The City Engineer shall be the Chairperson of the Appeals Committee. The Appeals Committee considers appeals regarding Worksite Traffic Control Conditions and night work. The President of the Board of Public Works decides those appeals heard by the Appeals Committee that end in a tie vote.
2. Code. Los Angeles Municipal Code.
3. Emergency Work. Immediate action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous effort to effect the restoration of interrupted utility services (electrical, water, gas and telecommunications).
4. Effective Period. Commencing with the effective date of this ordinance and extending until the completion of all major transit and transportation construction within the City of Los Angeles and the adoption by the Board of Public Works of a report from the Review Committee that its function as defined by this ordinance is no longer necessary.
5. Activity or Work Within Public Street or Alley.
(a) Activity. Any activity within the public street (from property line to property line) or alley, which requires the closure of sidewalk(s), curb lane(s) and/or traffic lane(s), the closure of street(s) or alley(s) for other than performing work in the street as defined below. Activity in the street may include but is not limited to opening of utility maintenance access holes; block parties; picture, television movie, or commercial filming; storage of material or equipment; placement of trash bin(s); pedestrian canopy(ies) in the street or sidewalk or any activity, performed under City issued permit, that prevents the public from access to or the use of a sidewalk, street or alley or any portion of a sidewalk, street or alley.
For exemptions to the picture, television and film or video commercial industry from the requirements of this section, see Subsection H. For Film Video Permit application by telephone or facsimiles and the Review Committee response within one-working day, see Subsection I.
(b) Work. Work within the public street (from property line to property line) or alley is any construction work performed under permit or by City crews/contractors that requires the physical access to and closure of the existing sidewalk, street or alley. Street work may include but is not limited to cutting, boring, excavating, installation of instrumentation, installation of conduit and/or cable, pot-holing, removals, fills, street resurfacing (including slurrying), street construction or any work in the street or alley, performed under City issued permit, that prevents the public from access or use of a sidewalk, street or alley or any portion of a sidewalk, street or alley.
6. Major Transit and Transportation Construction Impact Area. The specified Major Transit and Transportation Construction Impact Areas are defined as follows:
(a) Area A. (Relinquished)
(b) Area B. (Relinquished)
(c) Area C. (Relinquished)
(d) Area D. (Relinquished)
(e) Area E. (As of July 11, 1995) The area bounded clockwise by North Hill Street, Bernard Street, North Broadway, North Spring Street, Los Angeles River (west bank) and the 101 Freeway.
A map of Area E is attached as Appendix E.
(f) Area F. (As of July 11, 1995) The area bounded clockwise by North Figueroa Street, Marmion Way, Monte Vista Street, Avenue 61, Piedmont Avenue, Figueroa Street, Pasadena Avenue, North San Fernando Road, and the following street segments: Avenue 50 from Malta Street to Monte Vista Street, Avenue 52 from Figueroa Street to Echo Street, Avenue 54 from Ash Street to Monte Vista Street, Avenue 54 from Figueroa Street to Longfellow Street, Avenue 57 from Figueroa Street to Media Drive, Avenue 60 from Figueroa Street to Echo Street and Avenue 61 from Terrace Drive to Monte Vista Street.
A map of Area F is attached as Appendix F.
(g) Area G. (Revised on August 1, 2003) The area bounded clockwise by Cesar E. Chavez Avenue, North Indiana Street, East 3rd Place, East 4th Street, Alameda Street, East 1st Street, North Hope Street, and North Grand Avenue.
A map of Area G is attached as Appendix G.
(h) Area H. (Revised on August 1, 2003) The area bounded clockwise by Victory Boulevard, De Soto Avenue, Vanowen Street, Corbin Avenue, Victory Boulevard, Fulton Avenue, Oxnard Street, Coldwater Canyon Avenue, Burbank Boulevard, Vineland Avenue, Magnolia Boulevard, Woodman Avenue, Burbank Boulevard, Balboa Boulevard, Oxnard Street, Topham Street, Victory Boulevard, De Soto Avenue, Oxnard Street, and Variel Avenue.
A map of Area H is attached as Appendix H.
(i) Area I. The area bounded clockwise by Wilshire Boulevard, Bundy Drive, San Vicente Boulevard, Federal Avenue, Ohio Avenue, Veteran Avenue, Wilshire Boulevard to City Limit, Santa Monica Boulevard, Century Park East, West Pico Boulevard, Centinela Avenue, West Olympic Boulevard, and Centinela Avenue.
A map of Area I is attached as Appendix I.
7. Street of Significance. A major or secondary highway or a selected local or collector street that is determined from time to time to be necessary for the safe and efficient movement of traffic within, across, or through a Major Transit and Transportation Construction Area. Streets determined to be of significance at the adoption of this Section are indicated as Streets of Significance on the maps of the designated Major Transit and Transportation Construction Impact Areas attached to this Ordinance as Appendices E through I. Areas A through D have been relinquished.
8. Review Committee. Designated staff members from the Department of Transportation, the Bureau of Engineering, the Bureau of Street Services, and the Bureau of Contract Administration shall review applications for permits to allow activity or work within streets and shall determine the Worksite Traffic Control Conditions.
9. Temporary Street Closure. The prohibition of the use of a street by the general public for a finite period, as approved by the Board of Public Works.
10. Traffic Management Fee. A fee to be collected by the Department of Public Works from permittees who desire to perform street work or activity, for the purpose of recovering City administrative costs required to enforce this article.
11. Worksite Traffic Control Conditions. Traffic management measures required of the applicant for a permit for street activity or work, which are determined by the Review Committee and are issued by the Department of Public Works as part of the permit.
12. Worksite Traffic Control Plan. A Worksite Traffic Control Plan, which may be required by the Review Committee, includes a drafted, 1" = 40' scale plan delineating base conditions, construction impact areas, site-specific detour operations, such as traffic striping, pavement and curb markings, traffic control signs, signals, delineators, barricades, and traffic management requirements, at a precise level of detail.
C. Traffic Management. Contractors, utility companies, and others who intend to obtain a permit to perform activity or work in the streets (sidewalks and roadways) with the Major Transit and Transportation Construction Impact Area shall submit with the permit application a dimensioned work plan (drawn to scale) including the street (roadway, sidewalk, and property line), existing traffic controls, traffic striping and pavement markings, and proposed work area to the Major Transit and Transportation Construction Traffic Management Committee (TCTMC or Review Committee). The Review Committee shall review the applicants work plan and develop the worksite traffic control requirements, which may include the following: daytime work and/or nighttime work with Police Commission approval, work hours, day(s) of the week, traffic lane requirements, restriping and/or installation of pavement markings, posting of parking restrictions or prohibitions, installation of construction signs, coordination and notification of other agencies or the public as required, use of a pre-approved Worksite Traffic Control Plan or preparation of a Worksite Traffic Control Plan and/or Traffic Circulation Plan for approval by the Department of Transportation, and any other conditions as may be deemed appropriate by the Review Committee.
Notwithstanding any provision of the Code to the contrary, commencing with the effective date of this ordinance and extending until the completion of Major Transit and Transportation construction within the City of Los Angeles, on all streets and alleys designated as Streets of Significance within the Major Transit and Transportation Construction Impact Areas:
1. Applicants for activity or work within the roadway, including the staging or parking of construction related vehicles, which requires certain permits to be identified mutually by the Review Committee, except as otherwise provided in this section, shall be subject to certain traffic control requirements and Traffic Management Fees. Permit forms shall be modified, if required, to indicate which fees and requirements apply (which may include, but are not limited to construction related vehicle staging, approved night work with Police Commission approval, Worksite Traffic Control Conditions, and/or Worksite Traffic Control Plan requirements), and if so, that the imposed requirements are part of and attached to the permit. The applicant shall retain a photocopy of the permit with attachments at the worksite.
(a) For work within the roadway, which is proposed to be conducted at night between 7:00 PM and 5:30 AM Monday through Saturday, the applicant shall normally be required to maintain at least two lanes of traffic on a one-way street and one lane of traffic in each direction on a two-way street during those night hours with all lanes open to traffic at all other times, unless a Temporary Street Closure is approved. Also, the applicant shall maintain those traffic control devices and flashing arrow signs, shown and discussed in the latest editions of the Work Area Traffic Control Handbook (WATCH manual), the Federal Highway Administrations Manual on Uniform Traffic Control Devices, and the State of California Traffic Manual. In addition, the applicant shall obtain Police Commission approval to work at night. No Traffic Management Fee will be assessed for night work. A Worksite Traffic Control Plan may be required for work at night as determined by the Review Committee.
(b) For work within the roadway, which is proposed to be conducted during any other time period, or with fewer proposed open lanes of traffic, or work within an intersection or for temporary street closure, the applicant shall submit to the Review Committee work schedules, staging plans, and dimensioned scaled drawings showing the proposed work areas, official street centerlines, curb lines, adjacent intersections, existing striping, existing parking controls, existing driveways, and proposed detour traffic controls for each stage of work. If approval for work within the proposed day-time period or with only one lane of traffic is denied by the Review Committee then the applicant shall seek approval to work at night, as discussed above, or may appeal the requirement for night work to the Appeals Committee. If the Review Committee grants approval for work within the proposed day-time period, then it shall subject the applicants to a Traffic Management Fee and assign Worksite Traffic Control Conditions to be incorporated in the appropriate permit issued by the Department of Public Works. These conditions shall include traffic management strategies within the public right-of-way such as: general traffic control requirements; traffic control devices required to be used; traffic lane requirements and lane closures; hours approved for construction; detours, which shall be implemented by the applicant; and, if determined to be necessary by the Review Committee, an approved Worksite Traffic Control Plan submitted by the applicant to the Department of Transportation for approval.
(c) A Worksite Traffic Control Plan may be required where street work necessitates that motorists travel in paths for several days that conflict with permanent striping. The Worksite Traffic Control Plan and Traffic Circulation Plan, if required, shall be prepared under the direction of a Traffic Engineer or a Civil Engineer experienced in the preparation of Traffic Control Plans and registered in the State of California, and shall have the signed approval of the Division Engineer in Charge of the Design Division, Department of Transportation, prior to the issuance by the Department of Public Works of the appropriate permit. Each official copy, including the permittee required copies, shall be stamped by the registered engineer and countersigned in ink on the face of the transparency and all official copies. The countersigned transparency and two official copies are to be retained by the Department of Transportation and three official copies by the Bureau of Engineering, Permit and Assessments Division, for distribution within Public Works. An Approved Worksite Traffic Control Plan and/or Traffic Circulation Plan may be required when the activity or work in the street necessitate that:
(i) two or more traffic lanes be closed for more than 48 hours; or
(ii) motorists are diverted to the left of an existing double-yellow centerline for two or more consecutive nights and restriping is required; or
(iii) the work is in or adjacent to a major and/or secondary highway intersection and results in a transition within the intersection, except when accessing a maintenance hole when allowed under the provisions of a Utility Maintenance Access Hole Permit; or
(iv) traffic will be diverted for an extended period of time for a major construction project; or
(v) a temporary street closure is approved by the Board of Public Works; or
(vi) a construction fence, canopy, scaffolding or similar structure is installed in a traffic lane within the roadway; or
(vii) a sidewalk is to be closed and pedestrians are required to walk in a traffic lane normally utilized by vehicular traffic; or
(viii) temporary restriping is required; or
(ix) a plan is necessary due to unusual roadway or traffic conditions.
2. Persons or enterprises intending to import or export in excess of 1,000 cubic yards of earth shall be subject to approval of truck haul routes and truck staging areas by the Review Committee. The Traffic Management Fee shall not apply to truck haul routing.
3. Requests for Temporary Street Closures, pursuant to Sections 41.20 and 42.00(j) of the Code, shall be filed with the Board of Public Works pursuant to the requirements of those sections. However, the Board of Public Works shall not, in any case, act on any application for a Temporary Street Closure before receiving from the Review Committee a recommendation with an attached, approved Worksite Traffic Control Plan and Traffic Circulation Plan or a statement that these plans are not required.
4. Streets of significance may be added or removed within a Major Transit and Transportation Construction Area as determined to be necessary for the safe and efficient movement of traffic. These changes shall become effective 30 days after the adoption by the Board of Public Works of a report from the Chair of the Review Committee setting forth the need for the change and containing a map clearly delineating the portion of the street to be added or deleted from the designation. A copy of the report and map shall be forwarded to the City Council for its information.
D. Appeals. Requests to appeal the requirement for night work, to modify the Worksite Traffic Control Conditions, or to modify the Worksite Traffic Control Plan and Traffic Circulation Plan shall be made in writing to the Chairperson of the Appeals Committee, which shall act on each appeal at the earliest practicable time.
E. Enforcement.
1. It shall be unlawful for any person(s), firm or corporation(s) to perform any activity or work within the Major Transit and Transportation Construction Impact Area without first complying with Subsection C. of this section and obtaining approval and a permit, excepting only emergency work as defined in this section.
2. Failure to perform all of the requirements listed, shown, and/or referred to in the Worksite Traffic Control Conditions and Worksite Traffic Control Plan shall constitute non-compliance and shall be a violation of this section.
3. Enforcement of compliance with the Worksite Traffic Control Conditions, Worksite Traffic Control Plan, and truck haul routing involving the import or export in excess of 1,000 cubic yards of earth shall be conducted by the Bureau of Contract Administration Inspectors or Bureau of Street Services Street Use Inspectors, as appropriate, with the assistance of designated Department of Transportation personnel.
4. Compliance shall be enforced by verbal requests, written warnings, citations, notices to appear for violations observed, by administrative action pursuant to due process provisions, or permit revocation, as appropriate for the situation. In order to be considered in compliance after the enforcement action is taken, the permittee shall either correct all violations, or reopen for public use the entire street and/or sidewalk immediately. If the permittee does not accomplish these actions, then the City shall cause the corrective work only to be done by City forces at the permittees expense when necessary to remedy a potentially hazardous condition.
5. Within five days after a permit revocation has been issued, the permittee may appeal the revocation to the Board of Public Works, which shall make the final decision relative to the appeal at the earliest legally possible scheduled meeting.
6. Any person who violates or causes or permits another person to violate any provision or requirement of this section is guilty of a misdemeanor.
F. Traffic Management Fee. The Traffic Management Fee shall be based on the reduction in delineated traffic lanes, the number of daylight weekdays when the reduction occurs, the number of City blocks impacted by lane reductions, and a unit fee to be applied to these factors. Daylight weekdays are work on Monday through Friday excluding holidays, between the hours of 5:30 AM and 7:00 PM inclusive. The unit fee shall be established at $220 per lane reduction per daylight weekday per City block impacted. The fees collected shall be kept in a separate account and shall be used to defray the costs of the various departments and bureaus involved in administering the provisions of this Ordinance. The fee structure shall be subject to annual review and revision.
This fee of $220 per City block impacted shall be assessed to permittees who perform work within the roadway. The number of lanes, days, and City blocks to be applied shall be determined during the course of the roadway work and certified by a Bureau of Contract Administration Inspector or Bureau of Street Services Street Use Inspector, as appropriate, at the conclusion of the work. The applicant shall deposit an amount estimated to be equal to the final fee plus a 15% contingency allowance with Public Works before the permit to perform the work is issued by the City. Applicants who already have executed an agreement with the City to cover all associated costs, pursuant to Section 62.02(i)3. of the Code, shall not be subject to this deposit.
G. Emergency Work. The provisions of this section shall not be applicable to Emergency Work as defined in this section. However, the designated unit of the Department of Transportation shall be notified by the agency conducting the emergency work as soon as practicable. An applicable Traffic Management Fee may apply.
H. The picture, television and film or video commercial industry is exempt from requirements in those portions of the Major Transit and Transportation Construction Impact Area where Major Transit and Transportation construction has been completed as determined by the Review Committee.
I. Picture, television and film or video commercial companies may submit permit applications by telephone or by facsimile transmission to the appropriate Film and Video Permit Office. These applications will be processed by the Review Committee members within one working day for those portions of the Major Transit and Transportation Construction Impact Area where Major Transit and Transportation construction is continuing.
J. Relinquishment Of Major Transit and Transportation Construction Impact Area. The deletion of a specific area from the Major Transit and Transportation Construction Impact Area shall be accomplished when the following occurs:
1. The Los Angeles County Metropolitan Transportation Authority (MTA) has issued to the City a Certificate of Completion of Work for a specified station(s) or rail segment located within a specific Major Transit and Transportation Construction Project Impact Area, or
2. The acceptance of work completed for station(s) or rail segment(s) or other transportation projects by all City Agencies involved; and
3. The Chairman of the Review Committee has submitted a report for approval to the Board of Public Works, no later than 30 days prior to the date of relinquishment of control of the specified Major Transit and Transportation Construction Project Impact Area, and the relinquishment has been approved by the Board of Public Works.
K. Termination of Review Committee Activities. Any report requesting termination of the Committees existence shall be prepared using the criteria and procedures set forth in paragraphs 1., 2., and 3. of Section J., and shall contain the statement that it is submitted for the purpose of terminating the Committees existence and shall include as a transmittal a draft of an ordinance to formally terminate the Committees functions. The report shall, upon adoption, be forwarded to the City Council for its action.
Upon adoption of the ordinance by the City Council, the Committee shall immediately cease to function and the authority to determine conditions attached to permit issuance shall return to the individual Bureaus of the Department of Public Works.
L. Major Transit and Transportation Construction Impact Area Implementation. Areas E, F, G, H, and I shall become effective immediately upon the publication of this ordinance. Future additions to the Major Transit and Transportation Construction Impact Area shall be accomplished by the Chairman of the Review Committee submitting a report for approval to the Board of Public Works no later than 60 days following notification by the Los Angeles County Metropolitan Transportation Authority (MTA) or other major construction project development of opening of the Contract Bid Process for the respective contract and the subsequent approval of the report by the Board of Public Works. The future area shall become effective 30 days after the adoption by the Board of Public Works of a report from the Chair of the Review Committee.
APPENDIX E
MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA
APPENDIX F
MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA
APPENDIX G
MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA
APPENDIX H
MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA
APPENDIX I
MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA
[Editor's Note: Maps associated with these appendices are on file in the official City documents located in the Office of the City Clerk in Council File No. CF 02-2526.]
(Added by Ord. No. 177,902, Eff. 10/29/06.)
A. General Provisions.
1. Purpose. The purpose of this section is to improve coordination of construction activities and other encroachments, reduce related effects on businesses and residents and minimize the loss of traffic capacity resulting from construction or maintenance (including rail, utility, private development, street improvement, street maintenance, location filming and still photo shoots), or any other activity within the Street.
2. Scope. This section shall apply to all permits issued by the City that will allow encroachment on any Street within a defined Impact Area commencing with the effective date of this ordinance. This section shall also apply to any activity not requiring a permit by any City agency or other entity that will encroach on any Street.
Twelve months after the effective date of this ordinance, the Public Way Reservation System Management Committee shall evaluate the effectiveness of this ordinance and transmit a report with recommendations to the Board of Public Works and City Council.
B. Definitions. For the purposes of this article, the following definitions apply:
1. Activity or Work Within the Street. Activity or Work is any occupation of the Street that requires the closure, restricts the full or partial use of any sidewalk(s), curb lane(s) and traffic lane(s) or the closure of Street(s) for any purpose and having a duration greater than four hours.
Activity includes, but is not limited to, Street and sidewalk maintenance, opening of utility maintenance access holes; block parties and other special events; location filming and still photo shoots; storage of material or equipment; placement of trash bin(s); pedestrian canopy(s) in the Street or sidewalk; or any activity performed with or without City issued permits that restricts public access to, or use of the Street.
Work is any construction or maintenance performed under permit or by City crews or contractors that require obstruction or partial closure of the Street. Work may include, but is not limited to, cutting, boring, excavating, installation of equipment, installation of utilities, installation of traffic signals or signs, pot-holing, resurfacing (including slurry sealing), street construction, street lighting, tree trimming, or any project in the Street that restricts the public access or use of the Street.
2. Central District Impact Area. The Impact Area is the Bureau of Engineering Central District for the duration of the one-year pilot study. The Bureau of Engineering Central District is generally bounded by 120th Street to the south, the City boundary to the east, Mulholland Drive and Barham Boulevard to the north and Wonderland Avenue and Robertson Boulevard to the west.
3. Effective Period. The Effective Period is a time period that commences 30 days after the publication of this ordinance and extends for a period of 12 months, or until the adoption by the Board of Public Works with recommendations from the Public Way Reservation System Management Committee evaluating the effectiveness of this ordinance.
4. Emergency Work. Emergency Work is immediate action that must be taken to alleviate a hazardous condition that represents an immediate threat to life, health, safety, or property. This includes the restoration and repair of facilities damaged by accident, natural disaster or other emergency.
5. Encroachment. Encroachment is any use, occupation or activity, which requires the closure of any portion of the Street.
6. Public Way Reservation System (PWRS). The PWRS is an internet based geographic information system, which displays (geo-codes) proposed work or activity within an arterial street or highway and identifies the entity performing or permitting the work along with the scope and scheduled time.
7. Public Way Reservation System Applicant (PWRS Applicant). PWRS Applicant(s) is any agency, entity or permit applicant which is attempting to reserve space for their proposed construction.
8. Street(s). Street(s) is any arterial street classified as any Major Highway, Secondary Highway or Collector Street, as identified by the Master Plan, which includes any portion of the street, sidewalk or parkway.
9. Public Way Reservation System Management Committee (PWRSMC). The PWRSMC is a group or committee that may be formed and that has a chairperson. The City Engineer or his representative shall be the chairperson of the Committee.
C. Public Way Reservation. All entities that intend to encroach are required to reserve space within the Street and coordinate that activity or work, using the PWRS. Coordination shall include joint discussion with other PWRS Applicants as required to mitigate and minimize traffic interference. All reservations shall require a contact name and telephone number that other PWRS Applicants can call to resolve conflicts in scheduling reservations. This contact person shall have the knowledge and authority to resolve the conflict on the PWRS Applicant's behalf.
1. City Agencies Performing Work Within the Street. All City agencies that perform work within the Street are required to reserve space and coordinate their work through the PWRS. Before entering the Street, each agency shall update its reservation with any changes in scope, location or schedule. Each City department or agency performing work or activities within the Street, which work does not require a permit from the Department of Public Works, shall designate a PWRS Coordinator for authorizing that Department's reservations. All reservations shall be reviewed and authorized by the Department's PWRS Officer or designated representative in advance of performing the work. The authorization shall certify that the work has been coordinated with all other reservations in the vicinity and that traffic interference has been minimized.
2. City Agencies Issuing Permits Within the Street. All City Agencies that process permits for work or activities within the Street shall verify that each permit applicant has reserved the appropriate location using the PWRS, and has coordinated the work with all other activities in the vicinity. If the applicant has a reservation, and all other permit requirements are complied with, the City agency shall process the permit. If the applicant has no PWRS reservation, the permit shall be denied. Issuance of a permit shall constitute verification of the reservation by the issuing agency.
3. Requirements for Non-City Agencies Performing Work Within the Street Requiring a Permit from the Board of Public Works. An applicant for a permit to perform work within the Street shall first verify with PWRS that no conflicts exist for the location and time of their activity. If no scheduling conflict exists, the permit applicant may continue with the permit issuance procedure. The appropriate City agency shall submit the reservation in PWRS. If a conflict exists, the permit applicant must coordinate the work activities prior to permit issuance. In certain cases, the non-City agency may be granted authorization to enter reservations in PWRS. These agencies will be determined by the PWRSMC.
4. Requirements for Non-City Agencies Performing Work Within the Street Not Requiring a Permit from the Board of Public Works. All non-City agencies that perform work within the Street shall use the PWRS as a tool to coordinate the request for work prior to obtaining required approvals through the appropriate City agency. If no conflict exists, the non-City agency shall relate this information to the appropriate City agency prior to receiving approvals. If a conflict exists, the non-City agency must coordinate the work activities prior to receiving approvals for work. In certain cases, non-City agencies may be granted authorization to enter reservations in PWRS. In this case, the reservation must be submitted prior to receiving approvals from the appropriate City agency.
D. Dispute Resolution. If a dispute arises amongst PWRS Applicants when coordinating conflicts, the Bureau of Engineering Central District Engineer may be requested to mediate the dispute. Decisions made by the District Engineer may be appealed to the PWRSMC. The committee will then make a determination on which activity or work will take precedence. The PWRSMC shall establish rules, guidelines and procedures for the use of PWRS and the appeal process.
E. Exemptions. The following work or activity shall be exempt from the reservation requirements of this article:
1. Emergency Work as defined in Subsection B. of this section. For Emergency Work requiring a permit, a permit must be obtained within one business day of the commencement of the Work.
2. Maintenance Work or Activity that will take no more than four hours.
3. Any Work or Activity within a Street classified as a Local Street.
4. Transportation related activities currently regulated by LAPD and LADOT such as delivery of freight.
F. Fees. PWRS reservations will not require additional fees. Permit fees shall remain the same as currently authorized by the City Council. The PWRSMC shall evaluate the need for additional fees at the end of the 12-month period and present its findings to the Board of Public Works and the City Council.
Section
63.00 Definitions.
63.00.1 Board of Recreation and Park Commissioners and Department of Recreation and Parks Defined.
63.01 Playground and Recreation Department Jurisdiction.
63.02 Beach Lands Jurisdiction and Authority.
63.03 Playground and Recreation Department Power to Issue Permits.
63.04 Jurisdiction over Groins, Etc.
63.05 Power to Renew Grants.
63.06 Rules Governing Exhibitions.
63.07 Forfeiture of Grants.
63.08 Grant Required for Structures.
63.09 Public Sewers and Storm Drains Exempt.
63.10 Application for Grants, Contents.
63.11 Repairs Not to Affect Current or Drift.
63.12 Filing Fee.
63.13 Board to Investigate.
63.14 Board Power to Grant Permit.
63.15 Revocation of Grants.
63.16 Grants May Impose Conditions.
63.17 Board May Deny Grants.
63.18 Renewal of Grants Existing Structures.
63.19 Grants What to Prescribe.
63.20 Waiver Required.
63.21 Board to Determine If Repair Will Alter the Current.
63.22 Natural Accretions.
63.23 Council to Approve Certain Grant