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