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That Chapter 23, Article I, Section 23-7, be and the same is hereby repealed.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That Chapter 23, Article I, Section 23-9.1, be and the same is hereby repealed.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.
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