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165 ORDINANCE NO. NS- 2 3 9: AN ORDINANCE AMENDING OF CHAPTER 33 OF THE MUNICIPAL C( · IN THE PUBLIC '( OF THE COUL'CIL THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1. FINDINGS The City Council of the City of Santa Ana (the "City") finds, determines and declares: A. The City's regulation of excavations in the public right of way, such as streets and sidewalks, was adopted 45 years ago. Although it has been amended from time to time, it is appropriate and prudent to update the provisions of Article II of Chapter 33 to bring them more into conformance with modem engineering practice. SECTION 2. Section 33-30 (Permit Required) of the City's Code is amended to read as follows: It shall be unlawful for any person to make or cause to be made any excavation or any other street improvement work in, on or under the surface of any public street, alley, sidewalk, or any other public place for the installation, repair or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other purpose without first obtaining from the director an excavation permit in compliance with this chapter. This provision shall not apply to any of the officers or employees of the City under the direction of the various City departments or his or her authorized representative. SECTION 3. Section 33-30.5 (Definitions) is hereby added to the City's Code as follows: For the purpose of this Article the following terms shall have the following meanings: (a) "Applicant shall mean the person applying for an excavation permit, as well as a person owning the facility or installation for which the excavation will be made. (b) "Article" shall mean this Article II of Chapter 33 of the Santa Ana Municipal Code. (c) "Department" shall mean the Public Works Agency. (d) "Deposit" shall mean any bond, cash deposit, or other security provided by the - Applicant in accordance with Section 33-32.3 of the Article.