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HomeMy WebLinkAboutOrd 0703ORDINANCE NO. 703 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING DIVISION 9 TO ARTICLE 12, PART V OF THE ORDINANCE CODE; REGULATING THE HAULING OF EARTH ON PUBLIC STREETS, AND PROVID- ING FOR THE ISSUANCE OF PER- MITS AND THE PAYMENT OF FEES THEREFOR The City Counil of the City of Bur- lingame does ordain as follows: SECTION 1. Division 9 Is hereby added to Article 12 of Part V of the Ordinance Code Which said Division 9 shall read and provide as follows: "DIVISION 9—EARTH HAULING Section 1250. Permit. Any person desiring to haul earth along any public street m any vehicle exceeding the gross weight of 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 address of the applicant, Including all members of any firm or partnership, and the president and secretary of any cor- poration applying; if the applicant is the agent or employee of any per- son for whose benefit the permit is re- quested, this fact, with the full iden- tifleation of such person and his busi- ness and residence address; (2) The facts constituting the ne cessity for hauling the earth; (3 The amount of earth intended to be hauled: (4) The dates on which the haul- ing is intended to be commenced and completed, and the times of day dur- ing which hauling is intended to be done; (5) The route which applicant pro- poses to use over public streets and/ or private property transporting the earth: (6) The time interval between ve- hicles, 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; pro- vided, however, that, if delivery is V, be made he small quantities to nu- merous places, a general description, satisfactory to the City Manager, of the locations of the contemplated de- liveries will be sufficient. (6) A topographical drawing of the site from which the earth is to be re- moved 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 1251. Application—Filing Fee. At the time of filing the applica- tion, applicant shall pay to the City, at the office of the City Treasurer, a minimum filing fee of $20.00 to cover the cost of the City's investigation of such application. Section 1252. Application—Coples. Immediately upon the filing of an application for a permit to haul, one copy of such application shall be de- livered to the City Manager, and one copy to the Chief of Police. The City Manager shall have made an investi- gation of the facts stated In the ap- plfeation, and within five days from the date of filing such application shall either grant a permit with or without modification, as hereinafter set forth, or deny the same in whole or in part. Section 1253. Findings Prier to Grant- ing 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 hauling over the route ap- plied 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 pro- tected from liability for injury to per- sons and property; (3) That the City will be indemnl- ffed from injury to its public streets and other places by reason of the use thereof for such hauling. Section 1254. Deposit. The City Manager shall require, a; a condition to the granting of any )ermit hereunder, that the applicant, nice to the issuance of the permit, feposit with the City 'Treasurer, as security for the payment of the fees :pecified in Section 1255 a sum of money to be fixed by the City Man- iger, which shall be based upon the -barges set forth In Section 1255 for the amount of earth which It is esti- mated will be hauled pursuant to the permit; provided, however, as follows: (1) That said security shall be ap- plied to the progress payment, or If none be required, then to the sole under Section 1255 as and Wnen Smr. payments become due; (2) That, within thirty-five days after the hauling shall have been completed, permute shall pay to City at the office of the City Treasurer the difference between the amount de- posited pursuant to this section and the fee due the City under Section 1255, H the fee due under Section 1255 is greater thanthesum deposited under this section. (3) That, within thirty-five days after the hauling shall have been completed, the City Treasurer shall return to permittee the difference be- tween the fee due Ruder Scotto. 1255 and the amount deposited under thio section, if the fee due under Section 1255 be less than the arm deposited Ruder this section; (4) That the amount deposited un- der this section shall be returned to applicant if, prior to the commence- suant to such application, appli shall have notified the City Mar of his intention not to engage in such hauling operation and dem ed the return of the deposit. All Notices required Ruder i provisions shall be in writing ant livered personally to the City I ager or transmitted by United S' reeistered or certified mall, poi The amount demanded by appli- cant shall be returned to him within ten days after such notice shall have been received by the City Manager. Section 1255. 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 21¢c 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 m the manner specified by the City Manager, and the amount due hereunder shall be paid by per- mittee to the City at the end of the hauling period. The moneys collected from such fees shall be deposited In the "Earth Hauling Street Repair Fund," and shall be used primarily for the repair and maintenance of Earth Hauling Street Routes, and thereafter for general street repair and maintenance. The Earth Hauling Street Repair Fund Is hereby created and shall be kept by the City Treas- urer Section 1256. Surety Bond. The City Manager shall require, as e condition to the granting of any mr- posit with the City Clerx a surery bond, in an amount to be fixed, and farm to be specified, by the City Man- ager, inuring to the benefit of th- City, guaranteeing that applicant will faithfully perform all of the condi- tions and requirements specified it the permit, and will repair to the satisfaction of the Superintendent of Streets, or at the option of the Citi Manager, reimburse the City for and damage caused to City Streets m other City property, by the proposec hauling or transportation of matcile,. or equipment. Such bond shall be ex. ecuted by a surety or sureties an proved by the City Manager as be. Ing sufficient in financial respons( The City Manager shall also re quire, as a condition to the granthu of any such permit, that the appli cant deposit with the City Clerk e certificate or policy of a responslbii Insurance company showing that thi City, its elective and appofntiw boards, officers, agents and employee, are insured, in amounts hereinafte'. specified, against any loss or damage arising directly from the operation of the applicant or any person act ng in his behalf in carrying on any )peratfon connected directly or in- Urectly with the hauling for which inch permit is issued. Such policies of insurance shall be as follows: (1) Public Liability insurance. In an amount not less than $100,- 000.00 for 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 $300,000.00 on ac- count of one accident. (2) Property Damage Insurance. In an amount of not less than $20,000.00. With the approval of the City Men- iger, the applicant may deposit the noresaid surety bonds and policies of insurance on an annual or con- tinuing basis, to cover one or more permits for hauling In the same or The City Manager shall establish the route or routes over public streets which all vehicles subject to the per- mit 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 dan- gerous to public safety, and which shall cause the least interference with general traffic and the least damage Further Specifications me gross weigue Rini, ". ,v" - or vehicle which shall be au - sed to haul Ruder the permit; The time interval between ve- ;, and the number of trucks per which shall be permitted to 1 over the route specified; The hours of the day and the of the week during which such s shall be permitted to travel said route: The total number of yards of which may be hauled subject e permit; The period during which the Section 1260. Right to Appeal. In event the application be denied, or the permit be issued on modified terms, on any application for a per- mit as provided 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 1261. Notice of Appeal. In the event the City Manager mod- ify or deny in whole or in part any application for a permit as provided for in this division, applicant may file with the City Clerk a written Notice of Appeal to the City Council from such decision. Such Notice of Appeal moat be filed within five days of the mailing of the notice provided for in Section 1260. 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 1262. Evidence on Appeal. At the time set for the hearing the Council may summon witnesses and hear evidence relating to the applica- tion. The Council may continue the hearing from time to time. At the conclusion thereof, the Council shall make It. findings thereon and may grant or deny the application, or make such modifications with reference thereto as it may deem fit. The find- ings and order of the Council shall be final and conclusive on applicant, and no application for substantially the same purpose may be made by applicant for one year after the date of such findings and order. Section 1263. Revocation or Suspen- sion of Permit. Any permit granted hereunder may be revoked only by the Council as in its discretion may seem reasonable and just for any reason for which the issuance of such permit might law- fully be denied, or for any failure to comply with any of the terms of this Code or of such permit. Revocation oI such permit shall be made only upon a hearing before the Council, after at least five days' notice to permittee. Such notice shall be in writing mailed by United States mail addressed to permittee at his busi- ness or residence address as stated in his application for a permit. 1260, and orders shall apply to this division; provided, however, that the minimum time for any notice required by this division shall be five days. The City Manager or Council may suspend any permit granted hereun- der pending the hearing herein pro- vided, where, in his or Its opinion, the public health, safety or welfare require it. Section 1265. Expiration of Permits; Issuance of Supplemental Permits. 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 aban- no further hauling shall be made; however, the conditions expressed it such permit shall remain binding up- on the person to whom such permit was issued, and all legal and equita- ble remedies shall be available against him for any breach thereof. When the amount of material hauled equals the number of 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 issued. In either event herein set forth an application for a sup - the ha hauling may e bet be filed, setting to continue all the Information required for the original application and not con- tained therein. No further filing fee shall be required, but if such supple- mental permit is issued, the applicant shall pay the fee prescribed in Section 1255 and the fee so paid shall be sub- ject to the provisions of said Section 1255. The City Manager may dispense be asst if any. sat a supplemental permit permittee may appeal to :unell in the manner pro- .etlons 1260, 1261 and 1262 an appeal from a denial and all provisions of said r giving of notices, hear - tags, findings, orders, and conclusive- ness of such findings and orders, shall apply to this section. Section 1267. Permit Does Not Excuse Compliance with Other Code Pro- visions. Nothing in this section, or in any permit granted hereunder, shall be deemed to authorize the doing or omission of any act contrary to any term or provision of this Code or any ordinance or license of this City or without any license or permit other- wise required by such term, provision, ordinance, or license. Section 1268. Misdemeanor. A violation of any term or pro- vision of this section shall consti- tute a misdemeanor. Any person violating the same shall be Punish - construed to limit the power of the City to use all or any other legal or equitable remedies against any- one who shall violate such term or provision." VECTION 2. Severability If any section, subsection, sentence, :lsmseobrn.ze_ cr notion of this or - or remaining portions of this ord The City Council of this City declares that it would have i this ordinance and each sectie section, clause, phrase or thereof, irrespective of the fa any one or more sections, subs clauses, phrases or portions 3 declared invalid or uncoastltu SECTION 3. This ordinance s published once in the Burlinga 1, durance was mtroduceq at a regular meeting of the City Council held on the Sth day of September, 1959, auC adopted thereafter at regular mre.`iac of the City Council held on the 21.s' day of September, 1959, by the follow- Ing vote: Ayes: Councilmen: Byrd, Johnson, Morgan, Rooth, Thayer. Noes: Councilmen: None. Absent Councilmen: None. (SEAL) EEERBERT K. WHITE, City Clerk. Published in The Advance-Sta,. Sept. 27, 1959.