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ORDINANCE NO. %-&//
AN ORDINANCE OF THE CITY'COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA ADDING CHAPTER VII
TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
REGULATING THE PLACEMENT AND MAINTENANCE OF
CERTAIN MATERIALS AND DEVICES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA
1DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa,
California, does hereby find and declare as follows:
WHEREAS, parking space, sidewalks and parkways within
the City of Costa Mesa exist for the convenience of all members
of the public; and
WHEREAS, the storage of construction materials or devices,
including but not limited to large refuse containers being con-
ducted upon City streets, sidewalks, parkways, and the public
frights of way has caused an unreasonable use of said space incon-
sistent with the purposes for which it was provided; and
WHEREAS, the presence of said construction materials,
devices, or refuse containers upon City streets, sidewalks,
parkways, and within the public rights of way for unreasonable
lengths of time creates problems of traffic law enforcement,
additional clean-up of said streets,damage and destruction to
the..street.;surface, reduced visibility for the safe ingress and
egress to and from adjoining private property and City streets,
and potential legal liability which is greater than if these areas
were used only for the purpose for which they were provided; and
WHEREAS, the public health, safety, and welfare of all
of the users of streets, sidewalks, and parkways makes it necessary
to regulate the placement and maintenance of construction materials
or devices upon City property.
SECTION 2: Chapter VII of Title 11 of the Costa Mesa
Municipal Code is hereby enacted:
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I "CHAPTER VII. Regulation of Construction Materials,
Devices, and Refuse Containers Upon City Streets
2 or Upon the Public Rights of Way.
3 Section 11-126: Definitions. The definitions herein
4 shall be given the meaning set forth, other laws and
5 interpretations notwithstanding.
6 Person. The term "person" refers to an indiv
7 idual, firm, partnership, corporation or other legal entity.
8 Street. The term "street" shall mean that
9 portion of the right of way generally used for public vehicular
10 travel.
11 Right of Way. The term "right of way" shall
12 have the all-inclusive meaning pertaining to highways, streets,
13 sidewalks, walkways and other ways intended for public travel,
14 either due dedication or otherwise.
15 Sidewalk. The term "sidewalk" shall mean that
16 portion of the right of way generally used for pedestrian travel.
17 Parkway. The term "parkway" shall mean that
18 area between the sidewalk and the curb of any street, and where
19 there is no sidewalk, that area between the edge of the street and
20 the property line adjacent thereto. Parkways shall also include
21 any area within a street which is not open to vehicular traffic.
22 Section 11-127: Storage Permit. No persons.shall
23 cause to be placed or maintained upon any municipal street, parkway,
24 or public right of way any construction materials, devices, includ-
25 ing but not limited to refuse containers, without a written permit
26 therefore from the Director of Public Services. A separate permit
27 shall be required for each placement of said materials, or devices.
28 Such permit may be referred to as a "storage permit".
29 Section 11-128: Requirements for issuance of Storage
30 Permit. No storage permit may be issued or granted by the Director
31 of Public Services unless the following requirements have been met:
32 (a) An application upon a form furnished by
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the Director of Public Services shall be filed with fees, if any,
as required. It is the intent herein that a separate permit shall
be required for each location of construction materials or devices,
and the Director of Public Services may, in his discretion, deter-
mine the need for additional permits to comply herewith. However,
one application may be used if any number of materials or devices
are used for the completion of one (1) construction project.
(b) All fees and deposits as required by the
City have been paid.
(c) A cash deposit or performance bond has
been filed as herein required.
Section 11-129: Contents of Application for Storage
Permit. Each application for a storage permit must show:
(a) The location and identification of the
project area.
(b) The number and description of separate
groups of construction materials or devices to be used.
(c) The time and date when it is proposed that
said construction materials or devices first be placed and within
which placement or maintenance is proposed to be terminated.
(d) The complete identity and address of the
applicant and owner of building or structure where said materials
or devices will be placed.
(e) The identity of owners of the devices
proposed to be placed.
Section 11-130: Action Upon Application. The
Director of Public Services, upon the receipt of an application for
a storage permit shall notify the Chief of Police and the Building
Department. Upon the filing of an application for said permit, the
Director of Public Services shall process same as herein provided
and either grant or deny same.
In granting.the application, the Director of Public
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Services may make such conditions and restrictions in the place-
Iment or maintenance'of such construction devices or materials as
3 may reasonably be necessary, pursuant to the intent herein, and to
4 cause the least possible damageto public streets and alleys,_
5 and any other public improvements in the right of way, public
61jutility poles, lines, water mains,,gas mains and like appurtenances)
711or improvements, and to preserve to.the greatest extent possible
811public access to streets, sidewalks and parkways,.for the general
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lth, safety and welfare.
Section 11-131: Storage Permit' Fee. The fee for a
storage permit shall be �# 5%00 . Said fees are due
and payable as in this chapter set forth for the placement of con-
struction materials or devices within the City of Costa Mesa,,
excepting those involving the federal, state., .and other public
lentities.
16 Section 11-132: 'D'epos'it`or Bbrid Required. No
17 application for a storage permit shall be granted or issued until
18 the applicant therefor has deposited with'the Director of Public
19 Services a reasonable deposit to be fixed by the Director of Public
20 Services depending upon the probable cost of clean-up to public
21 facilities and the probable hazards to the public streets and
2211improvements invol%red as indicated herein. The amount to be de-
231posited by the applicant shall not be less than one hundred ($100.00
2411dollars nor more than one thousand ($1,000.00) dollars.
25 Section 11-133: Deductions from Deposit. The costs,
26 fees and other sums due from the permittee as set forth herein shall
271pe deducted from the deposit collected from said permittee pursuant
28 to this chapter and regulations. Any sums left over after said
29 deductions shall be refunded to the permittee. Any unpaid defici-
30 encies because of the insufficient money in said deposit to cover
31 such costs, fees or other sums determined to be due.from the per -
32 ittee shall be payable, upon demand, to the Director of Public
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Services and constitute a debt to the City.
Section 11-134: 'Additional Regulations.. The
Director of Public Services shall promulgate regulations setting
forth the standards and requirements necessary to implement the
intent and purpose expressed herein. In drafting said regulations
said director shall consult with the heads of other City depart-
ments involved. Once'promulgated,_said regulations shall control
the standards, requirements and procedures for the placement of
construction materials or devices within the City of Costa Mesa in
the following particulars:
id permits.
(a) The internal processing of applications for
13 (b) The length of time allowed for any such
.14 placement or maintenance of construction materials or devices, and
1511the exact physical location of placement of said materials or devi
16 (c) The requirements for bonds, deposits,.fees
17 and other matters necessary to assure compliance with the provisions
18 of this chapter and regulations promulgated thereunder.
19 Section 11-135:'Constructibl Materials'or Devices
20(Found Placed or Maintained' in Violation of this, Article 'may be
21 J�ited or Removed and' Stored b,
the City. Any removal.and storage
22 charges shall be due and payable by the owner or possessor of
23 said materials or devices prior to their being released. If no
24lowner or possessor claims said materials or devices within thirty
25 (30) days, they may be sold for costs in the manner provided by
26 he California Government Code for the disposal of abandoned or
27 unclaimed property generally."
28 SECTION 3: This ordinance shall take effect and.be in
29 full force thirty (30) days from and after its passage and shall,
30 Drior to the expiration of fifteen (15) days from its passage, be
31 oublished once in the Daily Pilot, a newspaper of general circul-
32 ktion, printed and published in the City of Costa Mesa, together
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11[with the names of the members of the City Council voting for and
211against the same.
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PASSED AND ADOPTED this 'ft�l day of
CITY OF COSTA MESA
Mayor. -`%`Mesa
911ATTEST: APPROVED AS TO FORM:
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City Clerk of the City of Cit At rney of the City of
1 Costa Mesa Co to Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
161 I, EILEEN P. PHINNEY, City. Clerk of the City of Costa Mesa,
and ex -officio Clerk of the City Council of the City of Costa Mesa,
17 hereby certify that the above and foregoing Ordinance No. -7(.-4/
was introduced and considered section by section at a regular
18 meeting of said City Council on the /(orA day of ,
1976, and thereafter passed and adopted as a whole at 6regular
19 meeting of said City Council held on the r7Th day of
1976, by the following roll call vote:
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AYES: COUNTIL MEMBERS: R0.,-1o�mM.GtC,
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: 0cDv%e
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this 9th day of
1976.
Ci y Clerk and ex -officio Cle .-of
the City Council of the City(6f
Costa Mesa -,
By: X)J_ i t.c.2
Deputy City Clerk of :the- Cr_ty of
Costa Mesa
1//
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