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HomeMy WebLinkAboutMINUTES - 02191985 - 1.26 ORDINANCE NO. 85- 13 ---------------------- (Encroachment , Drainage Permit Changes ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. Existing County Ordinance Code sections ---------- -------- allow the County to use a cash deposit , made in connection with the issuance of an encroachment permit , to restore the right-of- way to its former condition . This ordinance permits the public works director to restore it to a safe condition, as well . This ordinance also clarifies procedures for correcting unsatisfactory work under encroachment or drainage permits . SECTION II . Sections 1002-4. 012, 1002-6. 002 , and 1002-6 . 004 of the County Ordinance Code are amended , to require the permittee to restore right-of-way to a safe condition, to read : 1002-4. 012 Term__ Completion of Work_ The permittee shall complete the work or use authorized' by a—permit within the time specified in the permit . If at any time the director finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, the director may cancel the permit and restore the right-of-way to its former condition or a safe condition, whichever is less expensive, or complete the work authorized by the permit . The permittee shall reimburse the county for all expenses incurred by the director in restoring the right-of-way, or completing the work, plus fifteen percent as administrative costs . (Ord. 85-13 §1 : prior code §7525 : Ord. 1000 . ) 1002-6. 002 Cash_deeosit_ Unless this section is waived in the permit and before'a permit is effective, an applicant shall deposit with the director , or an agent authorized by resolution of the board of supervisors , cash or a certified or cashier ' s check in a sum to be fixed by the director as sufficient to reimburse the county for costs of restoring the right-of-way to its former condition or a safe condition, or completing the work, based on the schedules , if any, adopted by resolution of the board of supervisors ; but an applicant may file a cash deposit on an annual basis in a sum estimated by the director as sufficient to cover his activities during any twelve-month period. (Ord. 85-13 §1 : prior code §7540 : Ord. 1000. ) 1002-6 .004 Bond in lieu of cash deposit_ Instead of the cash ---------- -------------------- deposit prescribed by Section 1002-6. 002 , the applicant on approv- al of the director may file a cash deposit in the minimum sum established by the schedules , if any, adopted for that purpose by the board of supervisors and in effect at the time of application for a permit ; the balance of the sum fixed by the director as suf- ficient to reimburse the county for expenses incurred in restoring the right-of-way to its former condition or a safe condition , or completing the work, shall be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State of California. (Ord. 85-13 §1 : prior code 97541 : Ord. 1000. ) SECTION III . Section 1010-4. 016 of the County Ordinance Code is amended, and Sections 1002-4. 013 and 1002-6. 013 are added, to clarify procedures for correcting unsatisfactory work under encroachment and drainage permits , to read : ORDINANCE NO. 85-13 1002-4. 013 Unsatisfactory work-- Correction by county - Cos t s-_---rT-Tfie c'1'i rector-ae�ermines fiat- fie-pe'r ormance o 'the workdescribedin a permit is unsatisfactory or unacceptable, or both , then the permittee shall reconstruct the work to the satis- faction of the director . If the director determines that delay in pursuit or completion of the act or work is due to lack of diligence or to a willful act on the part of the permittee, or that the work is unsatisfactory unacceptable, or both, if essential to the health , safety or welfare of the public, the director may request the board of supervisors for authorization to contract with any licensed general contractor to complete, erect , install , reconstruct , or alter all structures or work in conformance with the permit , or to remove all structures and obliterate all work not completed. The costs incurred thereby shall be repaid to the county from the cash or surety bond deposited by the permittee with the county for the performance of the work ; provided that any and all costs incurred by the county which exceed the cash deposit or surety bond ' s penalty sum shall be paid by the permittee to the county. (Ord . 85-13 52 : prior code 57525 : Ord. 1000 . ) 1002_-6. 013 Forfeiture of cash__deposit _-_Work-not completed_ The cash-deposit shall be torteited to the county it work' authorized by the permit has not been completed within one year after the permit ' s expiration date, provided that no action has been started under Section 1002-4 . 012 or Section 1002-4. 013 to have the work restored or completed. (Ord . 85-13 52 . ) 1010-4. 0_16 Unsatisfactory_work_- Correction^by,county Costs . 'If the director determines that the performance oo the work described in a permit is unsatisfactory or unacceptable, or both , the permittee shall reconstruct the work to the satisfaction of the director . If the director determines that delay in pursuit or completion of the act or work is due to lack of diligence or willful act on the part of the permittee , or that the work is unsatisfactory or unacceptable, or both, if essential to the health , safety, or welfare of the public, the director may request the board of supervisors for authorization to contract with any licensed general contractor to complete, erect , install , reconstruct , or alter all structures or work in conformance with the permit , or to remove all structures and obliterate all work not completed . The costs incurred thereby shall be repaid to the county from the cash or surety bond deposited by the permittee with the county for the performance of the work; provided that any and all costs incurred by the county which exceed the cash deposit or surety bond ' s penalty sum shall be paid by the permittee to the county. (Ord. 85-13 52 : prior code 57627 : Ord. 1447 . ) SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days-atter passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Martinez_News_Gazette__, a newspaper published in this County. -------- ---- ------- -2- ORD I NANCE NO. 85-13 February 19 , 1985 PASSED on _ by the following vote: AYES: Supervisors Powers , Schroder , Torlakson, Fanden. NOES : None. ABSENT: Supervisor. McPeak. ABSTAIN: None. ATTEST: PHILIP BATCHELOR, Clerk of the Board of Supervisors and County Administrator By — --- — --------- c ---- ----------------- _Z- Deputy — oard Chair SBM:df (2-11-85 ) [SEAL) -3- ORDINANCE NO. 85-13