Brisbane Municipal Code Ch. 12.04 General Construction and Repair

As used in this chapter, the following terms shall have the meanings set forth in this Section, unless the context or the provision clearly requires otherwise.

A. "Agent" means a person or persons authorized to assist an owner in the permitting process or in the performance of an excavation.

B. "City engineer" means the director of public works/city engineer or his duly designated agent.

C. "Facility" or "facilities" shall include, but not be limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities , vaults and other appurtenances or tangible things that are located or are proposed to be located in the public right-of-way.

D. "Owner" means any person who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way.

E. "Permittee" means the applicant to whom a permit to excavate has been granted by city in accordance with this chapter.

F. "Public right-of-way" means a strip or area of land owned by the city which is used, or reserved or intended for use, as a street, road, alley, driveway, or pedestrian walkway, or to provide public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way as it now exists or hereafter will exist, whether or not such entire width or area is actually used for any of such purposes, and which is or will be under the permitting jurisdiction of the city engineer.

G. "Responsible party" means the owner of each excavation involving the owner or owner's facilities. In addition, it shall mean any agent or other person who performs an excavation or has a duty or right to manage or participate in the management of an excavation and whom the city engineer designates as responsible, in whole or in part, for such excavation.

H. "Transmission line" means any portion of a facility traversing the city of Brisbane with the following general characteristics: the purpose of the facility is to convey a utility service, including, but not limited to, water, sanitary sewer, natural gas, electricity, telecommunications, or storm water, to a distribution main or a large volume user; in general, the surrounding area physically traversed by this line receives only a small percentage of the line's total capacity. The city engineer shall make the final determination as to whether an existing or proposed line falls within this classification.

(Ord. 476 § 1, 2002: Ord. 474 § 3, 2002).

No person, firm or corporation, public or municipal corporation, or political subdivision shall open, tear up, break out or excavate in any roadway, street, thoroughfare, sidewalk, parking strip or public easement for the purpose of installation, maintenance or repair of underground facilities or for any other purpose, without having obtained a permit therefor as required in this chapter. Additionally, no person, firm or corporation, public or municipal corporation, or political subdivision shall place traffic control, warning or guidance devices, obstruct or divert traffic, interfere with the public rights-of-way including improved streets, sidewalks, and unimproved public rights-of-way, except as allowed under Title 10 (Vehicles and Traffic) of the Brisbane Municipal Code and as allowed by traffic ordinances of the city, without having obtained a permit therefor as required in this chapter. A fee for the permit shall be set by resolution of the city council.

(Ord. 474 § 4, 2002: Ord. 257 § 2, 1979).

A. Application for the permit required by Section 12.04.010 shall be made in writing to the city engineer on forms furnished or approved by him. The application shall contain such information as the city engineer shall require.

B. Plans and profiles showing work to be done, location, limits of work, location of pavement replacement types, together with such further information as the city engineer may require, shall be furnished by the applicant when requested by the city engineer or his designated representative.

C. If an emergency street cut, opening or excavation is made, application for a permit shall be made on the next working day.

(Ord. 474 § 5, 2002: Ord. 257 § 3, 1979).

A. The application when approved and signed by the city engineer shall constitute the permit.

B. Permits shall be secured at least two (2) working days before the work is commenced, except in the case of emergencies. Permits shall not be transferable.

C. The permit shall provide a time limit within which the work shall be completed.

D. The permit shall be void if the work is not completed within the date specified on permit unless an extension of time for good cause is granted by the city engineer as provided in Section 12.04.060.

E. The permittee shall keep adequate, complete maps and records of all underground facilities belonging to the permittee. Such maps and records shall be kept current and copies shall be furnished on request.

(Ord. 474 § 6, 2002: Ord. 257 § 4, 1979).

In the event any owner of a transmission line fails to conduct post-excavation repair and maintenance as required by Section 12.04.111, has fails to repair or restore subsurface or pavement failures as required by Section 12.04.112, or fails to reimburse the city for repairs or restorations performed by the city pursuant to Section 12.04.113, then the city engineer may deny issuance of any permit required under Section 12.04.010 for any existing or proposed transmission line until such time as the repair, maintenance or restoration work has been completed or until all cost reimbursement owed to the city has been paid in full, or until such time as the owner has made arrangements satisfactory to the city engineer for the completion of such work or payment of such costs. The denial of a permit pursuant to this section shall be in addition to any rights and remedies available to the city under Section 12.04.200 by reason of the owner's failure to comply with the provisions of this chapter.

(Ord. 476 § 2, 2002).

Any permit granted under this chapter may be revoked by the city engineer for noncompliance with any of the provisions of this chapter.

(Ord. 474 § 7, 2002: Ord. 257 § 5, 1979).

The permittee shall give timely advanced notice of commencement of the work to the city engineer.

(Ord. 474 § 8, 2002: Ord. 257 § 6, 1979).

After the work has been started, it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is granted by the city engineer.

(Ord. 474 § 9, 2002: Ord. 257 § 7, 1979).

All work shall be performed in a neat and workmanlike manner and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and/or other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required. Upon written application, streets, driveways, or areas may be closed for limited periods where, in the opinion of the city engineer, the public interests can best be served thereby. When required by the city engineer, the permittee shall give notice to the owner or occupant of all property where access will be impaired. The work shall be coordinated with other agencies or concerns working in the area to the satisfaction of the city engineer.

(Ord. 474 § 10, 2002: Ord. 257 § 8, 1979).

During the performance of the work, the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchmen and flagmen as may be required by existing laws and regulations and as deemed necessary in the opinion of the city engineer, to insure full and complete safety to the general public.

(Ord. 474 § 11, 2002: Ord. 257 § 9, 1979).

The permittee shall obey and enforce all safety orders, rules and recommendations of the Division of Industrial Safety of the state applicable to the work, and shall comply with all applicable state and local laws, ordinances, codes and regulations.

(Ord. 257 § 10, 1979).

Before the permittee commences to backfill any trench or excavated area of any street, walkway, or public easement, he shall give timely notice of the date of the commencement of such work to the city engineer, and the city engineer shall cause such backfilling to be inspected during the progress thereof, and such backfilling shall be done only in the presence of such inspector, who shall see that all material is properly wetted and tamped to produce a proper compaction of backfill material. Methods and materials used in backfilling operations shall be stated in the permit.

(Ord. 474 § 12, 2002: Ord. 257 § 11, 1979).

A. Pavement shall be replaced with a standard type as indicated on the permit.

B. The edges of all trenches and excavations shall be properly trimmed and squared up, and all loose materials shall be removed before pavement is placed.

C. Temporary surfacing acceptable to the city engineer or as indicated in the permit shall be installed on the same or next working day after the backfilling has been completed or when directed by the city engineer. The time limit for the replacement of temporary with final pavement shall be as indicated in the permit.

(Ord. 474 § 13, 2002; Ord. 257 § 12, 1979).

Each owner that excavates or causes to be made an excavation in the public right-of-way shall be responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition acceptable to the city engineer until such time as the public right-of-way is reconstructed, repaved, or resurfaced by the city.

(Ord. 476 § 3, 2002).

In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the city engineer shall exercise his or her best judgment to determine the person(s) responsible, if any, for such failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The city engineer shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the city engineer within seventy-two (72) hours of the notification. The city engineer may extend the time for the responsible party to repair or restore the affected public right-of-way.

(Ord. 476 § 4, 2002).

A. In the event the responsible party fails, neglects, or refuses to repair or restore any condition pursuant to the city engineer's notice as set forth in Section 12.04.112, the city engineer may repair or restore, or cause to be repaired or restored, such condition in such manner as the city engineer deems expedient and appropriate. The person(s) identified by the city engineer as the responsible party shall reimburse the city for all costs incurred by the city as a result of the repair, remediation, or restoration work undertaken by the city, including, but not limited to, the cost of construction, equipment, materials, administration, notification, inspection, and professional services rendered by engineers and other consultants. The city engineer's determination as to the cost of the repair or restoration performed shall be final.

B. Subject to the limitation set forth in Section 12.04.111, repair or restoration by the city in accordance with this section shall not relieve the responsible party from liability for future pavement failures at the site of the repair or restoration.

(Ord. 476 § 5, 2002).

A. If the work is unduly delayed by the permittee, and if the public interests reasonably so demand, the city engineer shall have authority, upon written notice, to complete the work or any portion thereof.

B. The actual cost of such work by the city plus administrative expenses attributable thereto shall be charged to and paid for by the permittee.

C. In cases of emergency, when permittee is unable or unwilling to do the work, the city may place barricades or lights on excavation sites and charge the permittee on the basis set forth in subsection B of this section. Each excavation shall be deemed to be a separate violation.

(Ord. 474 § 14, 2002; Ord. 257 § 13, 1979).

At all times during the performance of the work, the city shall have the right to use the area occupied by the permittee.

(Ord. 257 § 14, 1979).

All work done under the permit shall be inspected by the city engineer, and the fee therefor for all inspections shall be paid by the permittee in such amount as established by resolution of the city council.

(Ord. 474 § 15, 2002: Ord. 257 § 15, 1979).

A. In addition to the fee requirement of Section 12.04.010, when an application is filed, the city engineer shall make, or cause to be made, an estimate of the amount of a cash deposit reasonably necessary to insure completion of the work in accordance with the terms of the permit and this chapter and the payment of inspection fees. The amount of the deposit shall be the estimated cost and shall be not less than five hundred dollars ($500.00). The amount shall be deposited by the applicant prior to issuance of a permit.

B. The city engineer shall apply the deposit to the payment of inspection fees and to any expense which may be incurred by the city pursuant to Section 12.04.140.

C. The funds so deposited shall be held in a trust account until completion of the work. If all of the deposit is not used to cover the inspection fees and expenses, the excess shall be refunded to applicant. If the deposit is not sufficient to cover the inspection fees and expenses, the city engineer may, from time to time, require further deposit or deposits. After completion of any work, and from time to time, the amounts of the inspection fees and expenses shall be transferred to the general fund of the city.

D. The permittee may satisfy the requirements of a cash deposit by delivering to the city a bond payable to the city in the required amount from an approved surety company and in a form satisfactory to the city attorney.

E. The requirements for a cash deposit or bond specified in subsections A through D of this section shall not be required of a public utility which can provide sufficient evidence to the city engineer that the utility is of adequate financial responsibility.

(Ord. 474 § 16, 2002: Ord. 257 § 16, 1979).

Notice of completion shall be filed with the city engineer by the permittee within ten (10) days after completion of the work.

(Ord. 474 § 17, 2002: Ord. 257 § 17, 1979).

A. Prior to the commencement of the work for which any permit is issued pursuant to this chapter, the owner or its agent shall procure and maintain in full force and effect until all such work is completed a policy of general liability insurance providing coverage, in such amount as required by the city engineer, for bodily injury, personal injury and property damage, naming the city and its officers, officials, employees, agents and volunteers as insureds thereunder. Such policy shall provide that coverage shall be primary with respect to the city and its officers, officials, employees, agents and volunteers and shall not be cancelled or reduced without prior written notice to the city. The owner or its agent shall also provide property insurance, workers compensation and employer liability insurance, and such other insurance coverage as may be required by the city engineer.

B. All insurance policies provided to the city pursuant to this section shall comply with the insurance standards and requirements as adopted from time to time by the city engineer.

C. The provisions of this section shall not apply to public utilities which are self-insured under the laws of the state.

(Ord. 476 § 6, 2002: Ord. 257 § 18(A), 1979).

The permittee shall be responsible for all claims and liabilities proximately caused by the work permitted in this chapter or proximately caused by the permittee's failure to perform the obligations under the permit with respect to street maintenance. In the event any claim of liability for damages proximately caused by the permittee is made against the city, the city council, the city manager, the city engineer, or any other officer or employee of the city, the permittee shall and by acceptance of the permit, agree to defend, indemnify and hold them and each of them harmless from such claim.

(Ord. 474 § 18, 2002: Ord. 257 § 18(B), 1979).

It is unlawful for any person, firm or corporation, public or municipal corporation, or political subdivision to open, tear up, break out, or excavate in any roadway, street, thoroughfare, sidewalk, parking strip or easement for the purpose of installation, maintenance or repair of underground facilities or for any other purpose except in accordance with the provisions of this chapter. Additionally, it is unlawful for any person, firm or corporation, public or municipal corporation, or political subdivision to place traffic control, warning or guidance devices, obstruct or divert traffic, interfere with the public rights-of-way, including improved streets, sidewalks, and unimproved public rights-of-way, other than as allowed under Title 10 (Vehicles and Traffic) of the Brisbane Municipal Code and as allowed by traffic ordinances of the city, except in accordance with the provisions of this chapter.

(Ord. 474 § 19, 2002: Ord. 257 § 1, 1979).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 257 § 19, 1979).

(Ord. No. 554, § 39 1-18-11)