Arvin Municipal Code Ch. 12.04 Excavations

For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given to them in this section:

A. "Applicant," means any person making written application to the city clerk for an excavation permit under this chapter.

B. "City engineer" means the person designated to act as such by the city council for the purpose of enforcement of and administration of this chapter.

C. "Excavation work" means the excavation and other work permitted under an excavation permit issued under this chapter.

D. "Permittee" means any person who has been granted and has in full force and effect an excavation permit issued under this chapter.

E. "Standard specifications" means the standard drawings, details and specifications adopted by the city council by resolution for use in all construction within the city limits governed by this chapter.

(Ord. 40 §1, 1963).

It is unlawful for any person to make or cause to be made, any excavation or to do or cause to have done any work of any kind, for any purpose whatsoever, upon any public street, road, lane, alley, sidewalk, curb, gutter, driveway or any public place within the city for any purpose, or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person has first obtained an excavation permit therefor from the city clerk as provided in this chapter.

(Ord. 40 §2, 1963).

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the city clerk. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the approximate date of commencement and approximate date of completion of the excavation and other data as may reasonably be required by the city engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the location of the excavation work, and such other information as may be prescribed by the city engineer.

(Ord. 40 §3, 1963).

A permit shall be issued upon compliance with all city ordinances and payment of fees as follows:

A. No fee shall be required for work in any subdivision constructed under or proposed to be constructed under the city subdivision ordinance and for which fees have been paid thereunder;

B. Where a permit is issued for work not included as a part of a proposed subdivision under subsection A of this section, the applicant shall pay a fee in accordance with the following:

On large scale projects not included above, the fee shall be determined by the city engineer.

The above fees do not include costs for soils, concrete or other testing, if required.

(Ord. 226 §1, 1988; Ord. 40 §4, 1963).

(Ord. No. 450, § 8, 6-19-2018)

The city clerk shall provide each permittee at the time a permit is issued under this chapter a suitable placard plainly written or printed in English letters with the following notice: "CITY OF ARVIN PERMIT NO._____ EXPIRES_______" and in the first blank space there shall be inserted the number of such permit and after the word "expires" shall be stated the date when such permit expires. It shall be the duty of any permittee under this chapter to keep the placard posted in a conspicuous place at the site of the excavation work. It is unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration thereof.

(Ord. 40 §5, 1963).

The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall route and control traffic including its own vehicles as directed by the city police.

(Ord. 40 §6, 1963).

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within twenty (20) feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

(Ord. 294, 1996: Ord. 40 §7, 1963).

When required by the city engineer, the permittee shall erect and maintain suitable timber barriers to confine earth from trenches and other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the city streets; or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.

(Ord. 40 §8, 1963).

The permittee shall at all times and at his or its expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for such purpose.

(Ord. 40 §9, 1963).

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained is such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property.

(Ord. 40 §10, 1963).

All damage done to existing improvements during the progress of excavation work shall be repaired at the expense of the permittee. Materials for such repair shall conform with the requirement of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer shall have the authority to cause the necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee.

(Ord. 40 §11, 1963).

As the excavation work progresses, all streets and property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer and in any event immediately after completion of said work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from such work and upon failure to do so within twenty-four (24) hours after having been notified to do so by the city engineer, such work may be done by the city engineer and the cost thereof charged to the permittee.

(Ord. 40 §12, 1963).

The permittee shall not obstruct the gutter of any street but shall use all proper measured to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

(Ord. 40 §13, 1963).

Backfilling in any street opened or excavated pursuant to an excavation permit issued under this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry, The decision as to whether a trench shall be backfilled by water settling shall be based upon such engineering practices and shall be made by the city engineer. Backfill material and the work of backfilling shall be in accordance with specifications of the city engineer applicable to the particular project based upon sound engineering practices generally recognized in the construction industry.

(Ord. 40 §14, 1963).

If the permittee has failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit, or has otherwise failed to complete the excavation work covered by such permit, the city engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses, The city shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall enforce its rights under this chapter in any proper court.

(Ord. 40 §15, 1963).

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was in prior to the excavating for a period of two (2) years after restoring it to its original condition.

(Ord. 40 §16, 1963).

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor.

(Ord. 40 §17, 1963).

If, in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.

(Ord. 40 §18, 1963).

In the event of any emergency in which a utility in, over or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such utility, without first applying for and obtaining an excavation permit under this chapter, shall immediately take proper emergency means and measures to cure or remedy the dangerous conditions for the proper protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the city clerk's office is open for business and shall comply with all other provisions of this chapter as set forth, except as may be provided differently in this section.

(Ord. 40 §19, 1963).

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and during the hours of ten (10) p.m. and seven (7) a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Ord. 40 §20, 1963).

Each permittee installing, constructing or maintaining underground facilities such as pipes, wires, conduits or similar structures shall maintain accurate and complete maps of such facilities, The city engineer shall be furnished, free of charge, information regarding location, size and character of such facilities, either by sketches or maps, as may be necessary.

(Ord. 40 §22, 1963).

Except as otherwise provided, all work shall be done in accordance with applicable provisions of the standard specifications on file with the city clerk.

(Ord. 40 §24, 1963).

The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.

(Ord. 40 §21, 1963).

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of any act authorized under this chapter, the issuance of any permit or the approval or any excavation work.

(Ord. 40 §25, 1963).

Public utilities and public districts organized under California law shall have the right to either obtain permits and pay fees equal to the fees set out in subsection B of Section 12.04.040 or to obtain an annual encroachment permit in lieu of all other fees. An annual encroachment permit shall be issued to such utility or district upon request and payment of a permit fee in an amount that shall be set by resolution of the city council. Such annual permit shall allow the permittee to place, replace, repair, provide and maintain, facilities in any public place where otherwise permitted by law. The permit shall expire on December 31st of the year of issue. The annual permit shall not permit excavations exceeding either three (3) feet in width of four (4) feet in length or extensions in excess of six (6) poles but the provisions of subsection B of Section 12.04.040 alone shall apply thereto.

Such persons exempt under this chapter from the requirements of subsection B of Section 12.04.040 shall, however comply with all other requirements of this chapter.

(Ord. 40 §26, 1963).

(Ord. No. 450, § 9, 6-19-2018)

The provisions of this chapter shall not be applicable to any excavation work under the direction of competent city authorities by employees of the city or by any contractor of the city performing work for and in behalf of the city, necessitating openings or excavations in streets.

(Ord. 40 §23, 1963).