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HomeMy WebLinkAboutORD 07-060 ORDINANCE NO. 07-060 ENTITLED AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I, SECTIONS 23-5, 23-12, 23-14, 23-16, 23-19, 23-20 AND 23-28, ARTICLE II, SECTIONS 23-40, 23-43, 23-44, 2345, 23-46, 23-47, SUBSECTIONS 23-50(b)(2) AND (c)(4), SECTIONS 23-51, 23-52, 23-53, 23-55 AND 23-56, AND ARTICLE III, SECTIONS 23-57, 23-59, 23-60, SUBSECTIONS 23-62(a) AND (d), SECTION 23-64, SUBSECTION 23-66(a), SECTIONS 23-67 AND 23-68, SUBSECTIONS 23-69(a) AND (b) AND ADDING SUBSECTION 23-69(d), SUBSECTIONS 23-71(3) AND (5) AND SECTIONS 23-72 AND 23-81 AND REPEALING ARTICLE I, SECTIONS 23-7, 23-9.1 AND 23-31 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 23, Article I, Section 23-5, be and the same is hereby amended to read as follows: Sec. 23-5. Official street and highway plan. The official street and highway plan for the adequate development of arterial and collector streets in the city is hereby incorporated into and made a part of this section by reference, and shall be on file in the office of the city clerk; provided, however, that nothing herein shall be construed to affect the adoption of the official map of the city, which ordinance of adoption is codified in section 23-1, or to affect the incorporation of the zoning map of the city, which adoption of said zoning map is codified in section 30-4. Section 2. That Chapter 23, Article I, Section 23-7, be and the same is hereby repealed. Section 3. That Chapter 23, Article I, Section 23-9.1, be and the same is hereby repealed. Section 4. That Chapter 23, Article I, Section 23-12, be and the same is hereby amended to read as follows: Sec. 23-12. Interference with pavement. It shall be unlawful for any person to interfere with, or alter in any manner, any public sidewalk or street pavement, unless he shall have first obtained a permit from the city engineer. Section 5. That Chapter 23, Article I, Section 23-14, be and the same is hereby amended to read as follows: Sec. 23-14. Malicious injury to sidewalk or driveway. It shall be unlawful for any person to willfully or maliciously tear up, injure, deface or destroy any sidewalk or driveway or any portion thereof in the public right-of-way. Section 6. That Chapter 23, Article I, Section 23-16, be and the same is hereby amended to read as follows: Sec. 23-16. Same--Restoration after excavation. Parties taking up any pavement or making any excavation, as provided in section 23-15 shall do so in a careful manner, and on paved streets, shall preserve every part thereof, and in case of any excavation made, shall refill the same and thoroughly tamp and leave the same in first-class condition for relaying the pavement, and on unpaved streets the excavation shall be refilled in the same manner to a height level with the street, and should any depression afterwards occur in any line of trench, it shall be refilled until it is permanently settled and flush with the street, and in all cases the street shall be left in as good condition as found. Section 7. That Chapter 23, Article 1, Section 23-19, be and the same is hereby amended to read as follows: Sec. 23-19. Barricades--Placing during street construction. When any street or sidewalk in the city is being paved, constructed or repaired, the same shall be properly barricaded and lighted in accordance with the guidelines established in the Texas Manual On Uniform Traffic Control Devices by the person engaged in the performance of such work. Such barricades and lights shall remain until such time as the city engineer shall declare the street or sidewalk ready for travel. It shall be unlawful for any person to remove or disturb any such barricade or light without permission of the city engineer. Section 8. That Chapter 23, Article I, Section 23-20, be and the same is hereby amended to read as follows: Sec. 23-20. Same--Erecting detour and barricade signs during building operations. Contractors or other persons authorized to erect detour signs on streets before doing or after construction work shall, before erecting such detour or barricade signs, obtain the written permission of the city engineer to do so, who shall notify the fire department, the police department, and the public works department immediately upon granting such permission. Section 9. That Chapter 23, Article I, Section 23-28, be and the same is hereby amended to read as follows: Sec. 23-28. Same--Posters, placards, handbills, signs prohibited; exceptions. It shall be unlawful for any person to place or cause to be placed upon any public street or sidewalk within the city's right-of-way or on or against any pole, post, tree, fireplug, trash receptacle or other property located in a public street or sidewalk, any poster, placard, handbill or sign; provided, however, this section shall not apply to signs placed by officers or employees of the city, state or the United States, in the performance of their official duties and functions. Section 10. That Chapter 23, Article I, Section 23-31, be and the same is hereby repealed. Section 11. That Chapter 23, Article II, Section 23-40, be and the same is hereby amended to add the following definitions: Sec. 23-40. Definitions. As used in this articl e, the following terms shall have the respective meanings ascribed to them: Alley. A public or private right-of-way which is used only for secondary access to individual properties which would otherwise have their primary access form an adjacent public street. Right-of-Way: A strip of land taken or dedicated for use as a public way or such use as set forth in the instrument establishing the right-of-way. Section 12. That Chapter 23, Article II, Section 23-43, be and the same is hereby amended to read as follows: Sec. 23-43. Same--Application; requests to establish pipe sizes and grades. Application for such permit shall be made to the building inspections division on forms prescribed by the city. Each such application shall be submitted with a scaled drawing showing the address and lot and block number, if platted, of the property where the driveway or sidewalk is to be located, the width of the driveway requested, the location of the driveway or sidewalk requested with respect to private property lines, the location of existing driveways on either side of the proposed driveway serving same property or adjacent property, if any, and such other information as may be requested by the city. Before the permit is issued, it shall be approved as to location and design by the city engineer and the driveway construction approved by the department of public works. After the issuance of a permit, the applicant shall request the public works department to establish pipe sizes and grades, if needed, prior to the beginning of construction. Such request shall be made twenty-four (24) hours in advance to allow proper scheduling. Applications for driveway or sidewalk permits shall be made by the owner or lessee of the abutting property, or by a contractor representing the owner or lessee. No driveway or sidewalk shall be relocated or structurally altered, nor any dimensions altered without a duly executed permit as set forth herein. Section 13. That Chapter 23, Article II, Section 23-44, be and the same is hereby amended to read as follows: Sec. 23-44. Same--Fees. The following fees shall be applicable for the issuance of a permit for a driveway or sidewalk as an additional fee to that for building permits is set out in section 23-42: Residential driveways $35.00 Commercial driveways $50.00 Driveways not within the city limits $75.00 Section 14. That Chapter 23, Article II, Section 23-45, be and the same is hereby amended to read as follows: Sec. 23-45. Contractor's bond; construction. Any person engaging in the business of contracting for, making, constructing and laying concrete or other permanent type sidewalks and curbs and driveways or pipes in the city shall be required to execute a good and sufficient bond in the sum of ten thousand dollars ($10,000.00); said bond having a corporate surety, which corporation must be an insurance company licensed to do business in the state, payable to the city and providing that any person having any cause of action secured by such bond is hereby authorized to sue on such bond without impleading the city, and such bond shall not be exhausted by the first recovery, but shall be subject to successive recoveries for damages accruing to any person by reason of any defective or faulty workmanship thereon; provided further, that any person contracting for the construction and laying of any sidewalk, driveway or pipes in the city shall first obtain the permit and then construct and lay the sidewalk, driveway or pipes according to plans, specifications and grades to be furnished by the city engineer, or such plans and specifications as may be hereafter prescribed and adopted by the city council. The person contracting to construct and lay such sidewalks, driveways or pipes in the city, shall keep and maintain the sidewalk, driveway or pipes when so constructed or laid, for a period of two (2) years, free of any cost or charge to the owner thereof caused by reason of any defective or faulty material used therein, or by reason of any defective or faulty workmanship thereon, or in the event that the sidewalk, driveway or pipes as made, constructed and laid shall fail to comply with the specifications as herein provided. Such bond, herein provided for, shall be approved by the city engineer and deposited with the city clerk before any such person shall engage in the business of making, constructing and laying such sidewalks and driveways or pipes in the city. Section 15. That Chapter 23, Article ll, Section 23-46, be and the same is hereby amended to read as follows: Sec. 23-46. Indemnification. The grantee of any driveway, sidewalk or pipes permit shall hold harmless the city and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. Section 16. That Chapter 23, Article II, Section 23-47, be and the same is hereby amended to read as follows: Sec. 23-47. Right to inspect driveways, sidewalks or pipes and require conformance with standards and specifications reserved; costs of repair or maintenance. The city reserves the right to inspect driveways, sidewalks or pipes at any time during construction and to require such changes as may be necessary to make the construction conform to city street standards and specifications. At any time after the construction of any driveway, sidewalk or pipes, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the owner or lessee of abutting property. Section 17. That Chapter 23, Article II, Subsections 23-50(b)(2) and (c)(4), be and the same are hereby amended to read as follows: Sec. 23-50. Driveway approaches. (b) Location and angle of intersection. (2) At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curb line or the edge of pavement. (c) Driveway approach width. (4) When the area immediately behind and adjacent to the street right-of-way is to be used as a vehicle parking area, curbs and other barriers shall be installed as required by the city engineer to prohibit such parked vehicles from extending into the right-of-way. Section 18. That Chapter 23, Article 11, Section 23-51, be and the same is hereby amended to read as follows: Sec. 23-51. Driveway abandonment. When a driveway has been abandoned within the meaning of this article, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveways are to be closed for the reasons set forth above, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveway is to be closed for the reasons set forth above, the city engineer shall notify the property owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. If within thirty (30) days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the notification, such work may be done by the city and all costs, plus 25%, thereof assessed as a lien against the property, and shall be a personal liability of the owner or lessee of the abutting property. Section 19. That Chapter 23, Article II, Section 23-52, be and the same is hereby amended to read as follows: Sec. 23-52. Exceptions to requirements. It is the intent of this article that exceptions to the above provisions be granted only for extreme circumstances and only in those cases where the public interest would be served by such exceptions. The city engineer is authorized to permit those exceptions which meet the above requirements. Section 20. That Chapter 23, Article II, Section 23-53, be and the same is hereby amended to read as follows: Sec. 23-53. Maintenance of driveway, sidewalk or alley--By owner or lessee. The maintenance of any driveway, sidewalk or alley shall be the responsibility of the owner or lessee of the property served by the driveway, sidewalk or alley. Section 21. That Chapter 23, Article Il, Section 23-55, be and the same is hereby amended to read as follows: Sec. 23-55. Appeals. If the applicant is dissatisfied with the decision of the city engineer, he may appeal such decision to the city council. All such appeals shall be made in writing to the city manager. The city council shall consider all evidence submitted by the applicant and the city engineer and shall make a final decision as to whether or not an exception shall be granted. Section 22. That Chapter 23, Article II, Section 23-56, be and the same is hereby amended to read as follows: Sec. 23-56. Effect of noncompliance. If the applicant shall refuse to obey the final decision of the city engineer or the city council, the building official shall refuse to issue said applicant a building permit. Section 23. That Chapter 23, Article III, Section 23-57, be and the same is hereby amended by amending the following definitions to read as follows: Sec. 23-57. Definitions. For purposes of this article, the following terms shall have the respective meanings ascribed to them: Barricade shall be used to designate barricades, signs, traffic cones, signals, flags, flares, and all other traffic control and warning devices and procedures as outlined in the Texas Manual on Uniform Traffic Control Devices. Director or director of public works shall mean the director of public works of the City of Beaumont or his appointed representative. Manual shall mean the "Texas Manual on Uniform Traffic Control Devices." Section 24. That Chapter 23, Article III, Section 23-59, be and the same is hereby amended to read as follows: Sec. 23-59. Blockage; barricades required. Any person who undertakes to perform work or other activity upon, in, under, or above any public right-of-way which requires that the right-of-way be partially or completely closed shall use barricades, signals, signs, flags, flares, and other traffic control warning devices and procedures during the duration of the activity in the manner outlined by the "Texas Manual on Uniform Traffic Control Devices" adopted herein below. Any such person shall also be required to obtain a permit from the director of public works unless specifically exempted by section 23-61. The permit must be acquired before activity is begun. Section 25. That Chapter 23, Article III, Section 23-60, be and the same is hereby amended to read as follows: Sec. 23-60. "Texas Manual on Traffic Control Devices" adopted by reference. The current "Texas Manual on Uniform Traffic Control Devices" is hereby incorporated into and made part of this section by reference and shall be on file in the office of the city clerk. Section 26. That Chapter 23, Article III, Subsections 23-62(a) and (d), be and the same are hereby amended to read as follows: Sec. 23-62. Street cut/barricading permit application; fee. (a) Application for a street cut and/or barricading permit shall be made in writing on a combined form provided by the city. The form shall be obtained from the city engineer. The application form shall be completed and accompanied by plans showing the location of the proposed street cut or proposed barricades. In each instance in which a street cut permit is obtained for a utility company, the utility company shall be the applicant and shall be responsible for compliance with the terms of this article. (d) The city engineer may require revisions to barricading plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Barricading shall be in strict compliance with the approved plans and the city engineer or his designee shall have the right of inspection at all times. Section 27. That Chapter 23, Article III, Section 23-64, be and the same is hereby amended to read as follows: Sec. 23-64. Appeal. (a) If an application is not approved by the city engineer, the applicant may appeal that decision to the city manager. Such appeal shall be in writing and filed with the city manager within ten (10) calendar days of the adverse decision. The city manager shall hold a hearing and render his decision within five (5) business days from the date of the hearing. (b) An applicant shall have the right to appeal to the city council from any adverse decision or ruling of the city manager. To perfect an appeal, the aggrieved party shall file the reason for appeal in writing with the city clerk within ten (10) calendar days after the adverse decision appealed from. The city council shall hold a public hearing on such appeal after furnishing notice of such hearing to the applicant. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached, addressed to the applicant at the address shown on the written appeal. The decision of the city council shall be final. Section 28. That Chapter 23, Article III, Subsection 23-66(a), be and the same is hereby amended to read as follows: Sec. 23-66. Emergency situations. (a) In the event of an emergency occurring between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except city holidays, immediate notice shall be given the director of public works and application for a street cut/barricading permit shall be made on the next business day following the emergency street cut. Section 29. That Chapter 23, Article III, Section 23-67, be and the same is hereby amended to read as follows: Sec. 23-67. Times streets not to be blocked. (a) Except in an emergency, or unless approved in advance by the director of public works, no street blockage shall occur on an arterial or collector street between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday. (b) All traffic lanes of arterial and collector streets and all sidewalks along such streets shall be opened and all street cuts shall be paved, covered by steel plates, or backfilled at the conclusion of each days work to the satisfaction of the city engineer. Street cuts which would be impractical to close at the conclusion of each day's work shall be left open only if prior approval has been obtained from the city engineer and director of public works. Section 30. That Chapter 23, Article III, Section 23-68, be and the same is hereby amended to read as follows: Sec. 23-68. Additional permit requirements. At any time after the issuance of a permit, the city engineer may impose additional permit requirements when deemed necessary in the interest of public safety, to avoid traffic congestion, or otherwise protect the best interests of the city. Section 31. That Chapter 23, Article III, Subsections 23-69(a) and (b), be and the same are hereby amended and Subsection 23-69(d) added to read as follows: Sec. 23-69. Revocation of permit. (a) The city engineer, or his authorized representative may stop work related to a permit issued hereunder in an emergency situation or if any requirement of the permit is not met. (b) The permit holder, or the person named as responsible for or in charge of work or action, shall be notified of violation of any requirement of the permit and be given a reasonable time to correct the deficiency. The length of time shall be determined by the city engineer for deficiencies related to street cuts and barricading. The maximum time to correct deficiencies shall be twenty-four (24) hours. After the designated time, the permit may be revoked. (d) A permittee shall have the right to appeal to the city manager the decision or ruling of the city engineer to revoke a permit. To perfect an appeal, the aggrieved party shall file the reason for appeal in writing with the city manager within ten (10) calendar days after the revocation. The city manager shall hold a public hearing on such appeal after furnishing notice of such hearing to the permittee. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached, addressed to the permittee at the address shown on the written appeal. The decision of the city manager may be appealed to the city council under section 23.64. Section 32. That Chapter 23, Article 111, Subsections 23-71(3) and (5) be and the same are hereby amended to read as follows: Sec. 23-71. Street cuts to be marked. The permittee shall mark each street cut with an identifying colored marker, located to avoid areas of heavy traffic flow. The colors for the required marks are as follows: (3) Safety Alert Orange: Telephone and telegraph systems Police and fire communications Cable television and traffic control systems (5) Safety Green: Storm and sewer systems Section 33. That Chapter 23, Article III, Section 23-72, be and the same is hereby amended to read as follows: Sec. 23-72. Bond required. An applicant for a street cut permit shall have in force with the city a surety bond in the principal amount of twenty thousand dollars ($20,000.00); provided that no bond shall be required of any utility company franchised by the City of Beaumont. The bond shall be executed by the permittee as principal and by a corporate surety satisfactory to the city engineer and in a form satisfactory to the city attorney. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this article. Recovery on such bond shall be cumulative. The bond shall provide that it may not be cancelled without thirty (30) days' prior written notice to the city. The bond shall be good for a period of one (1) year from date of issuance of the permit. Section 34. That Chapter 23, Article 111, Section 23-81, be and the same is hereby amended to read as follows: Sec. 23-81. Certificate of insurance required. An applicant, other than the city or a utility company having a franchise agreement with the city, shall, prior to the issuance of a street cut permit furnish the city with a copy of a policy of insurance issued by an insurer acceptable to the city showing that the permittee has in force, and will maintain in force during the performance of the street cut and for the period of the street cut permit, public liability insurance of not less than five hundred thousand dollars ($500,000.00) for any one accident and property damage insurance of not less than one hundred thousand dollars ($100,000.00). Section 35. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 36. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 37. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 5th day of June, 2007. or A ,1 - May Becky Ames - V anu r^ X 1 WS SIf�J � 1#0 W �i i 1111