Barstow Municipal Code Ch. 12.08 Excavations

Footnotes:

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State Law reference— Regional notification center system for protection of underground systems, Government Code § 4216 et seq.

The following words and phrases are definitive and shall be construed as hereinafter set forth for the purpose of this chapter, except where the context clearly indicates a different meaning:

City engineer means the city engineer of the City of Barstow.

Person means any person, firm, corporation, institution or government agency.

Street means any city street, alley, lane, court, easement, or right-of-way and includes rights-of-way reserved in patents issued by the Bureau of Land Management pursuant to Public Resources Code § 7705 et seq.

(Code 1969, § 12.08.010; Ord. No. 237, § 1, 1966; Ord. No. 648, § 1, 1990)

(a) No person shall make any excavation in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under any street without first obtaining from the city engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof. Such permit shall be issued by the city engineer only upon written application therefor and payment of the required fees. The permit shall be issued only if the city engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the street or prolonged impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant.

(b) The permit shall be revocable and the uses and installations thereunder subordinate to any prior right of the city to use the street for public purposes. The permit shall be conditional upon the right of the city to require the permittee to relocate or remove the structure or encroachment at the permittee's expense for the benefit of the city or to relocate the structure or encroachment at the permittee's expense where, in the opinion of the city engineer, the action is reasonably necessary to avoid a crossing conflict, for the benefit of any public district, public agency, or political subdivision. The permit shall be subject to the conditions the city engineer determines are necessary to ensure the safety of the traveling public and the restoration of the surface of the highway and the foundations thereof, and of the portions outside the traveled roadway.

(c) The city engineer may require such surety bond or deposit of money as is in his judgment necessary to secure performance of the conditions of the permit and the requirements of this chapter.

(d) The city engineer may, for reasons of city convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee fails to refill any excavation or to restore the street to its condition prior to the excavation, the city engineer shall have the right to perform the work and collect in the name of the city the cost thereof.

(e) The city engineer shall have the right to remove any construction or encroachment installed or maintained in violation of this chapter and to restore the street to its condition prior to the excavation, construction or encroachment and collect in the name of the city the cost thereof.

(f) The city engineer shall require as a condition of the permit that all excavation and encroachment work be performed in compliance with the city's street trenching specifications and policies as adopted by city council resolution.

(Code 1969, § 12.08.020; Ord. No. 237, § 2, 1966; Ord. No. 862-2010, § 1, 3-1-2010)

State Law reference— Digging, taking, or carrying away any earth, soil, or stone from land in any city street, alley, avenue, or park, without the license of the city council, is a misdemeanor trespass, Penal Code § 602.

An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property, and provided that the permit is obtained on the first business day thereafter, and further provided that the excavation is made in a manner to give full protection to the users of the street and city.

(Code 1969, § 12.08.030; Ord. No. 237, § 3, 1966)

Each application for a permit under this chapter shall be in writing and signed by the person desiring to construct, excavate or encroach, or his authorized agent. The application shall be submitted on a form supplied by the city engineer and contain or be accompanied by information he may require. Each permit shall be in writing, signed by the city engineer or his representative, on a form furnished by him.

(Code 1969, § 12.08.040; Ord. No. 237, § 4, 1966)

A fee schedule may be adopted by the city council by resolution establishing permit fees and inspection fees for the various types of excavations, construction and encroachments. The permit fee shall be paid at the time the application is filed and the inspection fees paid before the permit is issued.

(Code 1969, § 12.08.050; Ord. No. 237, § 5, 1966)

(a) The following shall be exempt from payment of the permit and inspection fees:

(1) Every public district, public agency or political subdivision having lawful authority to use the street for the purpose specified.

(2) Street improvements under special assessments or improvement district proceedings conducted by the city council.

(3) Street improvements and other public facilities installed pursuant to a specific contract with the city in which the cost is borne by the city.

(b) A public utility which holds a franchise from the city or the state authorizing the use of public highways is not required to obtain a permit for maintenance or construction operations not involving excavation in a street other than as usual and necessary for the installation of poles, guys, and anchors, at locations outside of the existing or future curblines and outside existing or future sidewalk area, improved or unimproved. This exemption shall not waive the right of the city engineer to disapprove the location of poles, guys and anchors and to resolve conflicts between the public utilities and property owners fronting on the street.

(Code 1969, § 12.08.060; Ord. No. 237, § 6, 1966)

The city engineer may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type and may prescribe a procedure for the payment of fees on a monthly basis for such a blanket permit. This section shall be broadly applied to reduce administrative costs of both city and applicant.

(Code 1969, § 12.08.070; Ord. No. 237, § 7, 1966)

All permits issued hereunder shall be void 30 days after issuance unless an extension of time has been granted by the city engineer or his authorized agent.

(Code 1969, § 12.08.080; Ord. No. 237, § 8, 1966)

Except as may be waived or modified by the city manager, any contractor performing any construction activities under city contract or involving city property or rights-or-way shall furnish the city with a policy or certificate of liability insurance in which the city is the named insured or is named as an additional insured with the contractor. The city shall be the insured or named as an additional insured covering the work, whether liability is attributable to the contractor or the agency. The policy shall insure the city, its officers, employees, and agents while acting within the scope of their duties on the work, against all claims arising out of or in connection with the work. The insurance shall be in amounts as prescribed by resolution of the city council.

(Code 1969, § 12.08.090; Ord. No. 563, § 1, 1987)