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171 <br /> <br />BK:9/II/00 <br /> <br />ORDINANCE NO. NS-2447 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AMENDING ARTICLE II OF CHAPTER 33 OF <br />THE SANTA ANA MUNICIPAL CODE RELATING TO <br />EXCAVATION IN THE PUBLIC RIGHT-OF-WAY <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOVVS: <br /> <br />SECTION 1. FINDINGS <br /> <br /> The City Council of the City of Santa Ana (the "City") does hereby find, determine <br />and declare as follows: <br /> <br />The City's regulations of excavations in the public right of way, such as <br />streets and sidewalks, were adopted over 45 years ago. Although it has <br />been amended from time to time, it is appropriate and prudent to update <br />the provisions of Article II of Chapter 33 of the Code to bring them more <br />into conformance with modern engineering and public works practice. <br /> <br />SECTION 2. Section 33-30 ("Permit Required") of the City's Code is amended to read <br />as follows: <br /> <br /> It shall be unlawful for any person to make or cause to be made any excavation <br />or any other street improvement work in, on or under the surface of any public street, <br />alley, sidewalk, or any other public place for the installation, repair or removal of any <br />pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other <br />purpose without first obtaining from the director an excavation permit in compliance with <br />this chapter. This provision shall not apply to any of the officers or employees of the <br />City under the direction of the various City departments or his or her authorized <br />representative. <br /> <br />SECTION 3. Section 33-30.5 ("Definitions") is hereby added to the City's Code as <br />follows: <br /> <br /> For the purpose of this Article, the following terms shall have the following <br />meanings: <br /> <br />(a) <br /> <br />"Applicant shall mean the person applying for an excavation permit, as <br />well as a person owning the facility or installation for which the excavation <br />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 />Ordinance No. NS-2447 <br /> Page 1 of 12 <br /> <br /> <br />