HomeMy WebLinkAboutOrdinance 397 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 397 adopted by the Atascadero City
Council at a regular meeting thereof held on May 28, 2002, and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 397
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING TITLE 7, PUBLIC WORKS, CHAPTER 15,
ENCROACHMENT ON PUBLIC PROPERTY OF THE ATASCADERO
MUNICIPAL CODE, RELATING TO RESIDENTS REPAIRING ROADS
The City Council hereby finds and declares as follows:
Whereas,the City of Atascadero has non-City maintained roads,unpaved roads and road in need of
minor repair;
Whereas,residents have requested to perform minor maintenance on their road without a contractors
license. This work generally includes smoothing rough dirt roads,filling potholes,corner widening
and bush clearing;
Whereas, The Atascadero Municipal Code Title 7 Public Works, Chapter 15 Encroachment on
Public Property, Section 205(b) Standard Conditions does not allow non-licensed residences to
work in the right-of-way;
Whereas, residence work in the right-of-way will help the circulation system;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
ORDINANCE
The current text for section 7-15.205 (b)"Standard Conditions"of the Atascadero Municipal Code is
deleted and replaced as follows:
All work under the permit shall be performed by a contractor who possesses a current Class
A general engineering contractor's license in the State of California except per section 7-
15.206 "Residence work in the right-of-way".
Article 7-15.206 "Residence work in the right-of-way" shall be added as follows:
The City Engineer may allow a resident on a street to perform minor work in the right-of-way
without a contractor license. Minor work is defined as pothole filling,smoothing dirt roads,
minor grading, bush clearing and other work approved by the City Engineer. An
encroachment permit with a fee is required. The fee will cover the cost of the permit and
inspection. A plan detailing the proposed work,the schedule of the work and the proposed
traffic control method(s) shall be submitted with the encroachment permit. The applicant
shall sign a hold harmless agreement and a release of liability in a form approved by the City
City of Atascadero
Ordinance No.397
Page 2
Attorney. The City Engineer may deny the permit if the work is not in the best interest of
circulation or the residences or if the safety of the workers or traveling public is a risk.
INTRODUCED at a regular meeting of the City Council held on May 14, 2002, and PASSED and
ADOPTED by the City Council of the City of Atascadero, State of California, on May 28, 2002 by
the following roll call vote:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: May 28, 2002
ATTEST: CITY OF ATASCADERO
in
'n
Marcia McClure Torgerson, City Cl k Michael Arrambide, Mayor
APPROVED AS TO FORM:
Ro V.
Hanley, City Ittorney