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HomeMy WebLinkAboutOrd 0827ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 13.60 TO TITLE 13 OF THE MUNICIPAL ORDINANCE CODE; REGULATING THE HAULING OF EARTH ON CERTAIN PUBLIC STREETS; AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE PAYMENT OF FEES THEREFOR The City Council of the City of Burlingame does ordain as follows: SECTION 1. Chapter 13.60 is hereby added to Title 13 of the Municipal Code, which said Chapter shall read and provide as fol- lows: "Chapter 13.60 EARTH HAULING Section 13.60.010. Permit Any person desiring to haul earth along Trousdale Avenue from Ashton Avenue to the westerly terminus of Trousdale Avenue; Trousdale Avenue from Sequoia Avenue easterly to the intersection of Trousdale Avenue with the E1 Camino Real; California Drive from its northerly terminus to its intersection with Broadway; and any other street which the City Council may hereafter desig- nate by ordinance or by resolution, except for delivery to loca- tions on said streets, in any vehicle exceeding three (3) tons, shall file an application in triplicate for a permit so to do with the City Clerk, the original of which shall be verified. The application shall set forth the following information: 1) A full identification, and the residence and business ad- dress of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address; 2) The facts constituting the necessity for hauling the earth; 3) The amount of earth intended to be hauled; 4) The dates on which the hauling is intended to be com- menced and completed, and the times of day during which hauling is intended to be done; 5) The route which applicant proposes to use over public streets and/or private property transporting the earth; 6) The time interval between vehicles, and, the number of vehicles per hour, which will travel over the route for which the permit is applied; 7) The locations of the place or places of delivery of the earth; provided, however, that, if delivery is to be made in small quantities to numerous places, a general description, sat- isfactory to the City Manager, of the locations of the contem- plated deliveries will be sufficient. 8) A topographical drawing of the site from which the earth is to be removed and upon which shall be shown also the proposed grades and contour to exist upon completion of the earth hauling for which the application is made. 9) Such further information as the City Manager may require. Section 13.60.015. Application - Filing Fee. At the time of filing the application, applicant shall pay to the City, at the office of the City Treasurer, a minimum fil- ing fee of $20.00 to cover the cost of the City's investigation of such application. Section 13.60.020. Application - Copies. Immediately upon the filing of an application for a per- mit to haul, one copy of such application shall be delivered to the City Manager, and one copy to the Chief of Police. The City Manager shall have made an investigation of the facts stated in the application, and within five days from the date of filing suct application shall either grant a permit with or without modifi- cation, as hereinafter set forth, or deny the same in whole or in part. Section 13.60.025. Findings Prior to Granting Permit. The application shall be granted by the City Manager only if he finds as follows: 1) That good cause appears for the issuance of a special permit for the hauling of earth and that its issuance for earth -2- hauling over the route applied for, or such modification thereof as he may deem advisable, will not be injurious or detrimental to the public health, safety or welfare; 2) That the City will be duly protected from liability for injury to persons and property; 3) That the City will be indemnified from injury to its pub- lic streets and other places by reason of the use thereof for such hauling. Section 13.60.030. Deposit. The City Manager shall require, as a condition to the granting of any permit hereunder, that the applicant, prior to the issuance of the permit, deposit with the City Treasurer, as security for the payment of the fees specified in Section 13.60.03 a sum of money to be fixed by the City Manager, which shall be based upon the charges set forth in Section 13.60.035 for the amount of earth which it is estimated will be hauled pursuant to the permit; provided, however, as follows: 1) That said security shall be applied to the progress pay- ment, or if none be required, then to the sole payment, on the permit fee required under Section 13.60.035 as and when such pay- ments become due; 2) That, within thirty-five days after the hauling shall have been completed, permittee shall pay to City at the office of the City Treasurer the difference between the amount deposited pursuant to this section and the fee due the City under Section 13.60.035, if the fee due under Section 13.60.035 is greater than the sum deposited under this section; 3) That, within thirty-five days after the hauling shall have been completed, the City Treasurer shall return to permit- tee the difference between the fee due under Section 13.60.035 and the amount deposited under this section, if the fee due under Section 13.60.035 be less than the sum deposited under this sec- tion; 4) That the amount deposited under this section shall be re- turned to applicant if, prior to the commencement of any hauling operation, pursuant to such application, applicant shall have no- tified the City Manager of his intention not to engage in any such hauling operation and demanded the return of the deposit. All Notices required under these provisions shall be in writ- ing and delivered personally to the City Manager or transmitted by United States registered or certified mail, postage prepaid, and addressed to him at the City Hall, Burlingame, California. The amount demanded by applicant shall be returned to him -3- within ten days after such notice shall have been received by the City Manager. Section 13.60.035. Permit Fee. In the event a permit be granted, the permittee shall pay to the City at the office of the City Treasurer a fee for the privilege of such permit at the rate of 2Zi per cubic yard of earth hauled; such earth shall be weighed or measured by the City from time to time at the time and place and in the manner speci- fied by the City Manager, and the amount due hereunder shall be paid by permittee to the City at the end of the hauling period. The moneys collected from such fees shall be deposited in the "Street Maintenance Fund" and shall be used primarily for the re- pair and maintenance of Earth Hauling Street Routes, and thereaf- ter for general street repair and maintenance. Section 13.60.040. Surety Bond. The City Manager shall require, as a condition to the granting of any permit hereunder, that the applicant deposit with the City Clerk a surety bond, in an amount to be fixed, and form to be specified, by the City Manager, inuring to the benefit of the City, guaranteeing that applicant will faithfully perform all of the conditions and requirements specified in the permit, and will repair to the satisfaction of the Superintendent of Streets, j or at the option of the City Manager, reimburse the City for any damage caused to City Streets or other City property, by the pro- 1 i posed hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the City Manager as being sufficient in financial responsibility. Section 13.60.045. Insurance. The City Manager shall also require, as a condition to the granting of any such permit, that the applicant deposit with the City Clerk a certificate or policy of a responsible insurance -4- company showing that the City, its elective and appointive boards, officers, agents and employees are insured, in amounts hereinaf- ter specified, against any loss or damage arising directly from the operations of the applicant or any person acting in his be- half in carrying on any operation connected directly or indirectl, with the hauling for which such permit is issued. Such policies of insurance shall be as follows: 1) Public Liabilit Insurance. In an amount not less than ,00 0 or injuries, including, but not limited to, accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $500,000.00 on account of one accident. 2) Pro ert Damp a Insurance. In an amount of not less than ,0 .0 . With the approval of the City Manager, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis, to cover one or more permits for hauling in the same or different locations. Section 13.60.050. Route. The City Manager shall establish the route or routes over public streets which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route, or routes, as may be directed by the City Manager to be least dangerous to public safety, and which shall cause the least interference with general traffic and the least damage to public streets. Section 13.60.055. Further Specifications for Permit. The City Manager shall also specify in granting the per- mit the following: 1) The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit; 2) The time interval between vehicles, and the number of trucks per hour which shall be permitted to travel over the route specified; -5- 3) The hours of the day and the days of the week during which such trucks shall be permitted to travel over said route; 4) The total number of yards of earth which may be hauled subject to the permit; 5) The period during which the permit is effective. Section 13.60.060. Right to Appeal. In event the application be denied, or the permit be is- sued on modified terms, on any application for a permit as pro- vided for in this section, within five days of such action, the City Manager shall notify applicant in writing by registered United States mail of such modification or denial, stating the reasons therefor. Section 13.60.065. Notice of Appeal. In the event the City Manager modify or deny in whole or in part any application for a permit as provided for in this chapter, applicant may file with the City Clerk a written Notice of Appeal to the City Council from such decision. Such Notice of Appeal must be filed within five days of the mailing of the Notice provided for in Section 13.60.060. In such event the City Clerk shall set the hearing on such appeal before the City Council for the second succeeding regular meeting after the date of filing such notice. Section 13.60.070. Evidence on Appeal. At the time set for the hearing the Council may summon witnesses and hear evidence relating to the application. The Council may continue the hearing from time to time. At the con- clusion thereof, the Council shall make its findings thereon and may grant or deny the application, or make such modifications with reference thereto as it may deem fit. The findings and order of the Council shall be final and conclusive on applicant, and no application for substantially the same purpose may be made by ap- plicant for one year after the date of such findings and order. Q:S Section 13.60.075. Revocation or Suspension of Permit. Any permit granted hereunder may be revoked by the City Manager for any reason for which the issuance of such permit might lawfully be denied, or for any failure to comply with any of the terms of this Code or of such permit. Such revocation shall be made only upon a hearing before the City Manager, after at least five days' notice to permittee. Such notice shall be in writing mailed by United States mail addressed to permittee at his business or residence address as stated in his application for a permit. In the event the City Manager shall revoke any permit, the permittee may appeal from such revocation to the City Council in the time and manner provided in Section 13.60,065 for an appeal from the denial or modification of any application or permit, and the City Council shall hear such appeal, and make its findings and order, as provided in Sections 13.60.065 and 13.60.070. The City Manager or Council may suspend any permit granted hereunder pending the hearing herein provided, where, in his or its opinion, the public health, safety or welfare require it. Section 13.60.080, Expiration of Permits; Issuance of Supple - In the event that any hauling for which a permit has been granted hereunder is not commenced within five days from the date of issuance of such permit, or in the event that such hauling is at any time abandoned for a period of five consecutive days, such permit shall automatically expire, without notice, and no further hauling shall be made; however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be avail- able against him for any breach thereof. When the amount of material hauled equals the number of -7- cubic yards which such permit authorizes to be hauled, or if haulings vary from the term of the permit, no further hauling may be made until a new or a supplemental permit to haul has been is- sued. In either event herein set forth, an application for a supplemental permit to continue the hauling may be filed, setting forth all the information required for the original application and not contained therein. No further filing fee shall be re- quired, but if such supplemental permit is issued, the applicant shall pay the fee prescribed in Section 13.60.035 and the fee so paid shall be subject to the provisions of said Section 13.60.035, The City Manager may dispense with any further investigation or hearing, if, in his opinion, the information furnished him by the original investigation is sufficient to enable him to determine whether the supplemental permit should be issued and upon what conditions, if any. Section 13.60.085. Denial of Supplemental Permit - Right of L In the event a supplemental permit be refused, permittee may appeal to the City Council in the manner provided in Sec- tions 13.60.060, 13,60.065 and 13.60.070 hereof for an appeal from a denial of a permit, and all provisions of said sections for giving of notices, hearings, findings, orders, and conclu- siveness of such findings and orders, shall apply to this section Section 13.60.090. Permit Does Not Excuse Compliance with Other CoTe Provisions. Nothing in this section, or in any permit granted hereun- der, shall be deemed to authorize the doing or omission of any act contrary to any term or provision of this Code or any ordi- nance or license of this City or without any license or permit otherwise required by such term, provision, ordinance, or license Section 13.60.095. Misdemeanor. A violation of any term or provision of this section shall constitute a misdemeanor. Any person violating the same shall be punishable in accordance with the provisions of Section 1.12.010 of this Code. Nothing herein contained shall be construed to limit the power of the City to use all or any other legal or equi- table remedies against anyone who shall violate such term or provision." SECTION 2. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or courts of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordi- nance and each section, subsection, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions may be declared invalid or unconstitutional. SECTION 3, This ordinance shall be published once in the Burl- ingame Advance -Star as required I, Herbert K. White, City Clerk, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 16th day of August, 1965, and adopted thereafter at a regular meeting of the City Council held on the 7th day of September 1965, by the following vote: AYES: Councilmen: Crosby-Diederichsen-George-Johnson-Martin. NOES: Councilmen: None Absent Councilmen: None Herbert K. -White - City Clerk -9-