Ordinance - 2083ORDINANCE NO. 2083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADDING SECTION 19-66 TO THE WEST
COVINA MUNICIPAL CODE SECTION 19 - STREETS, SIDEWALKS,
• AND PUBLIC PLACES REGARDING THE STREET CUT
MORATORIUM ON NEWLY IMPROVED STREETS, ALLEYS, AND
PUBLIC PLACES.
WHEREAS, in the past, on several occasions, street cuts were made in newly improved
streets by the utility companies; and
WHEREAS, improper repair work caused structural damage to the existing pavement on
the street; and
WHEREAS, the City Council desires to regulate the street cuts operation in newly
improved streets by the utility companies.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION 1. Add Section 19-66 "Street Cut Moratorium on Newly Improved Streets"
to Section 19 - Streets, Sidewalks, and Public Places of the City of West Covina Municipal Code
as follows: Section 19-66 Street Cut Moratorium:
I. For streets, alleys, and public places that were reconstructed or overlaid, the following
shall apply:
1. No non -emergency street cuts will be permitted for a period of three years from
date of completion.
2. In case of a justified emergency (i.e. gas leak, etc.) or where streets cuts have
been authorized by the Public Works Director/City Engineer (such as in the case
of a major development requiring sewer or other utilities) within three years
following the completion of reconstruction or overlaid project, the permittee will
be required to grind 1-1/2" of existing asphalt, curb to curb and repave the surface
for a distance of at least 25' (for a traverse street cut) and up to one lane width
(for a longitudinal street cut) beyond each side of the trench using a properly
licensed contractor.
II. For streets, alleys, and public places that were slurry sealed, the following shall
apply:
1. No non -emergency street cuts will be permitted for a period of two years from
date of completion.
2. In case of a justified emergency or where street cuts have been authorized by the
Public Works Director/City Engineer within two years following the completion
of slurry sealed, the permittee will apply a Type II slurry using a licensed road
slurry contractor over the surface, curb to curb, for a distance of at least 25' (for a
traverse street cut) and up to one lane width (for a longitudinal street cut) beyond
each side of the trench. Utilities shall determine alternate methods of making
necessary repair work to avoid excavating in newly improved streets, alleys, and
public places.
Emergencies (exceptions) are defined as follows:
1. An emergency that endangers life or property.
2. Interruption of essential utility service.
3. Work that is mandated by the City, State, or Federal Legislature.
4. Service for buildings where no other reasonable means of providing service exists.
5. Other situations deemed by the City Council to be in the best interest of the general
public.
Ordinance No. 2083
Page Two
SECTION 2: This ordinance shall be posted in accordance with provisions of the West
Covina Municipal Code and shall be effective thirty (30) days from and after the date of passage.
SECTION 3: The City Clerk shall certify the adoption of the ordinance and shall cause
the same to be published as required by law.
• APPROVED AND ADOPTED this 16`" day of April 2002.
A � 0 uu K I
May r Michael Touhey
ATTEST: --
City. Clerk Janet Berr}
I, Janet Berry, City Clerk of the City of West Covina, California, DO HEREBY CERTIFY
that the foregoing Ordinance No. 2083 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 2nd day of April 2002. That thereafter
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th
day of April 2002, by the following vote:
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
ABSENT: None
City Clerk Janet Be
APPROVED AS TO FORM:
4 City AIttory ArSa ld Alvarez-Glasman
0