Burbank Municipal Code Art. 2 Excavations and Installations in Public Streets
Burbank Municipal Code · 2026-09 edition · updated 2026-10-01 · Burbank
Cite as: Burbank Municipal Code Article 2 · Text as of 2026-10-01
7-1-201: DEFINITIONS:¶
As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:
EXCAVATION: Any opening in the surface of a street made in any manner whatsoever, except an opening into a lawful structure below the surface of the street, the top of which is flush with the adjoining street surface and so constructed as to permit frequent openings without injury or damage to the street.
FACILITY OR EQUIPMENT: Pipe, pipe line, tube, main, service, trap, vent, vault, maintenance hole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, cross arm or bracket, anchor, cable junction box, transformer or any other material, structure, or object of any kind or character not particularly mentioned herein, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any street or portion thereof.
INCIDENTAL EXPENSES: All expenses incidental to any work authorized by a permit under this article or incidental to the inspection, supervision or completion thereof, including a reasonable charge for overhead.
OBSTRUCTION: Any object, material, instrumentality or impediment in, upon, along, across, under or over any street, needed or useful for a limited period of time in performing or doing work in, upon, along, across, under or over such street or in or upon property in close proximity thereto, whether the same obstructs travel or not; provided, however, that a barricade, torch, light or sign when lawfully placed upon, along, or across a street in accordance with the provisions of this article shall not be considered an obstruction within the meaning of this definition.
OWNER: Includes the department of the City having control or jurisdiction over a building or land whenever the City is the owner thereof.
STREET BETTERMENT: Grading, paving of a street, gutter, sidewalk, crosswalk, step, seat, fountain, curb, driveway, tunnel, subway, viaduct, bridge sewer, connecting sewer, instrumentality of sanitation, together with the necessary outlet, drain, channel for drainage purposes with necessary outlet, pole, post, wire, pipe, conduit, lamp, ornamental light standard and any suitable or necessary appliance for the purpose of lighting any street, street or house number, letter or name, hydrant and appliance for fire protection, retaining wall, embankment, or any appliance, attachment or appurtenance in connection with any structure or object mentioned in this definition, or any similar structure or object which will improve the whole or any portion of any street.
STREET IMPROVEMENT: Any improvement, or portion thereof, which the City is authorized by law to make in, upon, along, across, under or over any street, or any instrumentality of the City used or useful in connection with travel on the street. [Formerly numbered Section 13-30; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-202: EXCAVATION/CONSTRUCTION AND STREET USE PERMITS; EXCEPTIONS:¶
A. Excavation/Construction Permits: No person shall do or perform any of the following acts without an excavation/construction permit to do so from the Public Works Director:
Make any excavation, tunnel or bore in or under the surface of any street;
Construct, erect, place, or repair any facility or equipment in, upon, along, across, under or over any street, or remove any facility or equipment from any street;
Repair, construct, reconstruct, erect or make any street betterment in, upon, along, across, under or over any street or remove any street betterment from any street when such work is done or performed by or at the instance and request of the owner of any real property abutting on said street;
Destroy or remove any street improvement in, upon, along, across, under or over any street;
Drive or operate any vehicle over any curb or sidewalk located upon any street at a point other than where a driveway has been constructed.
Any demolition, new construction, or remodeling which requires a permit from the Building Division and which could impact any street improvements.
B. Exceptions: Provided, however, that:
Any person maintaining any pipe, conduit, or pole in any street by virtue of any law, ordinance or franchise may proceed with an excavation without a permit as herein required when circumstances require the work to be done immediately for the preservation of the public peace, health, safety or welfare, provided the permit could not reasonably and practically have been obtained beforehand, but such person shall thereafter apply for a permit on the first regular business day on which the office of the Public Works Director is open for business and such permit shall be retroactive to the date when the work was begun; and
Any department of the City, upon the giving of a written notice to the Public Works Director describing the place and details of the same, may repair or replace a pole, pole line, tower, cross arm or bracket, transformer vault, meter boxes of larger than standard residential type, special valve boxes and fire hydrants in, upon, along, across, under, or over any street or remove the same from a public street without a permit as herein required when such work will not interfere with, disturb, destroy, or remove any street improvement; provided, however, that a permit shall be required for all new installations. Emergency repairs may be made without the giving of any notice as hereinabove required.
C. Street Use Permit: No person shall do or perform any of the following acts without a street use permit to do so from the Public Works Director:
Temporarily construct, place, leave or maintain any storage bin, container, unregistered vehicle or any other object on any City street or street right of way of the City including alleys;
Place any construction equipment, including cranes, in a public street or alley right of way of the City in conjunction with work being performed on adjacent property.
Any person performing any act under subsection C1 and C2 of this section shall place barricades, warning lights, or other devices at the location of any objects to the satisfaction of the Public Works Director.
All excavation/construction permits and street use permits may be issued at the discretion of the Public Works Director upon payment of all applicable permit fees.
D. Expiration Of Street Use Permits: All street use permits issued pursuant to subsection C of this section shall be issued for a period of not more than seven (7) days. All street use permits will automatically terminate after seven (7) days. Any street uses, as described in subsection C of this section, which exceed a seven (7) day period will become “encroachments” as defined in Section 7-3-701 of this title, and all regulations, fees, and inspection costs required for encroachment permits will apply.
E. Exemptions: Subsection D of this section shall not apply to the following street use permits:
The temporary placement of a refuse bin on any City street or street right of way of the City including alleys;
Annual Blanket Permits issued pursuant to Section 7-1-204 of this article.
Any street use permit may be extended beyond the seven (7) day limit at the discretion of the Public Works Director for special circumstances. [Formerly numbered Section 13-31; Amended by Ord. No. 3198, eff. 8/25/90; 3058, 2866.]
7-1-203: INSURANCE AND INDEMNITY FOR STREET WORK:¶
No excavation/construction or street use permit shall be issued under this article for work to be done in a City street, including driveway aprons, sidewalks, curbs and gutters, unless the applicant carries the following insurance to be maintained for the full effective period of the permit and any renewal thereof;
A. Bodily Injury Liability and Property Damage: Bodily injury liability and property damage insurance of a type and in an amount as specified by the Public Works Director, and on a form as approved by the City Attorney.
B. Underground and Collapse Insurance: When excavations are to be made and the Public Works Director determines that the interests of City require it, underground and collapse insurance shall be required in amounts to be specified by the Public Works Director and on a form as approved by the City Attorney’s office.
C. Insurance Must Protect City: Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, arising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to operations under the permit or contract. However, said insurance need not protect against injury or death occurring to any officer, employee, or representative while acting within the scope of their employment under the Workmen’s Compensation Act;
D. Notice of Cancellation: Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit; and
E. Exceptions to Insurance And Indemnity Requirements:
Governmental Agencies: The United States of America, State of California, or any political subdivision, agency or department thereof, and the Burbank Unified School District, doing work directly with its own employees, need not furnish the insurance prescribed by this section;
Public Utilities: Public utility companies with net assets of not less than one million dollars ($1,000,000.00) under the jurisdiction of the State Public Utilities Commission may, in lieu of the above insurance requirement, file annually with the City Clerk a statement in affidavit form, duly authenticated by its president or vice president and secretary or assistant secretary, showing such net worth and indicating its election and agreement to be bound by the indemnification provision of this section. Such election, when approved as to form by the City Attorney, shall constitute an agreement to indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, rising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to its operations or performance under the permit, as provided in subsection C of this section. [Formerly numbered Section 13-32; Amended by Ord. No. 3198, eff. 8/25/90; 3079, 3058, 2866.]
7-1-204: ANNUAL BLANKET PERMIT:¶
The Public Works Director may issue to any person operating under a franchise granted by the City, an annual blanket permit to place or repair any facility or equipment which does not interfere with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the surface of the street. [Formerly numbered Section 13-33; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-205: APPLICATION FOR PERMIT AND ISSUANCE:¶
Any person desiring a permit under this article shall apply to the Public Works Director, describing specifically the location, nature and extent of the proposed work, the purposes thereof, and the right, if any, of the applicant to do such work. The application shall be accompanied by a plat in duplicate showing the location of each proposed excavation and the dimensions thereof and such other details as the Public Works Director may require. Where in the opinion of the Public Works Director, the work to be done is of a minor nature, the requirement for duplicate plats may be waived, and a sketch on the application form shall be submitted in lieu thereof. Applications for annual blanket permits need not be accompanied by a plat or sketch. If it appears that the applicant is lawfully entitled to do such work, or any portion thereof, at the place and in the manner proposed, the Public Works Director shall issue a permit for the doing of such work, or any portion thereof, as the case may be; provided, however, that no permit shall be issued by the Public Works Director until the applicant has paid the prescribed fee and deposited security for completion of the work as hereinafter provided. [Formerly numbered Section 13-34; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-206: EXCAVATION AND STREET USE PERMIT FEE AND DEPOSIT:¶
Prior to the issuance of a permit under the provisions of this article, the applicant shall:
A. Pay a fee designated in the Burbank Fee Resolution to the City, except that no fee shall be required of:
The City, Redevelopment Agency of the City of Burbank, or the Housing Authority of the City of Burbank;
The United States, State of California, or any political subdivision, governmental agency, or department thereof; and
B. Deposit or file with the City a sum of money, certified check payable to the order of the City, or other security approved by the City Attorney, in an amount sufficient to cover the cost of inspection and other incidental expenses and to guarantee restoration of the street to as good and perfect condition as it was before the work was begun. Such deposit shall remain in effect and shall be held by the City for a period of one year after the work of restoration is completed; provided, however, that when in the opinion of the Public Works Director the applicant’s work is of such a nature that the damages, if any, may be immediately determined, the amount of the deposit may be refunded when the work of restoration is completed or at any time within one year thereafter, and conversely, when in the opinion of the Public Works Director the applicant’s work is of such a nature that a period of more than one year is necessary to determine the damages caused by extreme depth of excavation or other such factor, the deposit may be held by the City until such time as all possible damages have been determined but not to exceed five (5) years from the completion of the work of restoration. The Public Works Director is authorized, with the approval of the City Manager, to accept a cash settlement for the return of any deposit sooner than herein provided. The amount of the deposit shall be determined by the Public Works Director. [Amended by Ord. No. 3153, eff. 7/7/89; formerly numbered Section 13-35; renumbered by Ord. No. 3058; 2866.]
7-1-207: OBSTRUCTING STREET, FIRE HYDRANT OR WATER, ELECTRIC AND SEWER SUBSTRUCTURES;…¶
Whenever any excavation or obstruction obstructs, or is likely to obstruct, the use of a street or access to any fire hydrant in such a manner as to deter or hinder the operations of the Fire Department in extinguishing or controlling fire, the person making such excavation, street improvement, street betterment, facility, equipment or obstruction shall promptly notify the Fire Department giving the exact location and nature of the excavation, equipment or obstruction. The Public Service Department and the Public Works Department shall be notified when any excavation or obstruction obstructs or is likely to obstruct the functioning or use of any water, electric or sewer substructure. When any other City facility is affected or is likely to be affected by excavation activity or street uses, the appropriate City Department shall be notified by the permittee. [Formerly numbered Section 13-36; Amended by Ord. No. 3198, eff. 8/25/90; 3058.]
7-1-208: DISPLAY OF PERMIT:¶
Every person holding a permit under this article and engaged in the making of any fill or filling of any excavation, in any street, shall, at all times while such work is in progress, exhibit the permit authorizing such work on demand, to the Public Works Director or to any of their representatives. [Formerly numbered Section 13-37; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-209: WORK TO BE EXPEDITED; REVOCATION OF PERMIT; EXEMPTIONS:¶
A. All excavation/construction work performed pursuant to subsection 7-1-202A of this article shall be commenced within sixty (60) days after the issuance of a permit therefor, except that such time may be extended by the Public Works Director, for the convenience of City departments; if work is not commenced within sixty (60) days of issuance, the permit shall be revoked. Permits thus revoked may be renewed for an additional sixty (60) day period upon the payment of an additional permit fee as originally required. All work performed pursuant to an excavation permit shall be completed before the permit expires. If work is not completed before the permit expires, the permittee must apply for a new permit. When excavation work is complete the permittee shall repair and restore the street to its original condition and such repairing and restoring shall be performed with reasonable diligence so as not to obstruct the street travel thereon any more than is absolutely necessary.
B. Exemptions: All permits issued pursuant to subsection 7-1-202A6 of this article shall expire coincidentally with the permit issued by the Building Division. [Formerly numbered Section 13-38; Amended by Ord. No. 3198, eff. 8/25/90; 3058.]
7-1-210: AUTHORITY OF PUBLIC WORKS DIRECTOR TO CLOSE STREETS:¶
The Public Works Director may close any street or portion thereof to public travel whenever necessary for street construction, maintenance or repairs. [Formerly numbered Section 13-39; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-211: BARRIERS, LIGHTS AND SIGNS:¶
A. Excavations: Every person excavating any street shall place and maintain barriers at each end of such excavation and at such other places along the excavation as may be necessary to prevent accident, and shall also place and maintain lights at each end of such excavation and at distances of not more than fifty feet (50') along the line thereof, from sunset of each day to sunrise of next day, until such excavation is entirely refilled. The person doing the work of excavating shall place or post signs directing traffic around the excavation and any materials or equipment used in connection therewith. It shall be unlawful for any person to fail, refuse or neglect to comply with any requirement contained in this section.
B. Street Closing: Every street, or portion thereof, which is closed to public travel, shall be barricaded. Warning lights shall be placed on the barricades, as may be reasonably necessary, from sunset of each day to sunrise of the following day. Signs or notices to the effect that the street is closed shall be of a type approved by the Public Works Director. Signs which direct traffic in such cases may be placed or posted only by or with the approval of the Public Works Director.
C. Safety Device Placement By Public Works Department: Any person who fails to place or maintain barriers, lights, signs or other safety devices as required by subsection A of this section shall be charged for all the costs incurred by the Public Works Director or their designee in placing and maintaining said barriers, lights, signs or other safety devices, including, but not limited to, the delivery and rental fees of the equipment at those rates and fees as specified in the Burbank Fee Resolution.
D. Emergency Situations: Whenever an emergency situation arises on a City street that dictates the placement of warning lights or barricades or both for the protection of the public from a hazard created by work done or acts performed by private persons, with or without permits, on or near such street or alley, or by reason of the condition of the property of such private person which presents an imminent danger to the traveling public, the Public Works Director or their designee may place barricades, delineators and/or traffic control signs in such locations and in such quantity as in their judgment will best protect the public from the hazard so created.
E. Collection of Fees: The Public Works Director shall inform the Community Development Department of the placement of any such warning devices specified in subsections C or D of this section with a brief account of the circumstances and the name(s) of the person or persons responsible for the excavation activities and/or the creation or continuance of any hazard and the Community Development Department shall collect from such person or persons fees for placement, delivery and rental of such devices.
F. Rates and Fees: The Council shall designate in the Burbank Fee Resolution and from time to time may modify the charges for the placement, maintenance and removal of barricades, delineators and/or traffic control signs, and the daily rental of said barricades, delineators and/or traffic control signs and any other safety device placed to ensure public safety.
Said fees shall continue for each day of maintenance of the barricades, delineators and/or traffic control signs, and safety devices, until the responsible person or persons places safety devices at the site or until the hazard is eliminated, whichever first occurs. The fees herein provided shall constitute a civil debt owing to the City of Burbank. [Formerly numbered Section 13-40; Amended by Ord. No. 3828, eff. 8/24/12; 3266, 3058.]
7-1-212: WRONGFUL REMOVAL OF BARRIERS, LIGHTS AND SIGNS:¶
No person shall wilfully remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed, or posted in accordance with the provisions of this article. [Formerly numbered Section 13-41; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-213: DUTY TO PROVIDE SAFE PASSAGE AND DRAINAGE:¶
Every person excavating in any street shall, as may be necessary and in compliance with any order of the Public Works Director, maintain safe crossings for vehicles at intersections, safe crossings for pedestrians at intervals of not more than three hundred feet (300'), safe passage for vehicles and pedestrians when the excavation runs across the width of a street, and free access to all fire hydrant and water gates.
Whenever routing traffic over the centerline of the street is necessary, the Public Works Director shall be notified and they shall cause traffic lanes to be marked by means of barriers, rubber cones, signs or similar devices, so as to leave no doubt as to where it is intended that traffic should flow past the obstruction. All materials for excavation shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to traffic. If the street is not wide enough to handle the excavation material without using part of the adjacent sidewalk, the person making the excavation shall erect a tight board fence upon and along such sidewalk and keep a passageway of at least five feet (5') in width open upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained at all times. [Formerly numbered Section 13-42; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-214: STORAGE OF MATERIALS ON STREET:¶
Every holder of a permit for the doing of work under this article is authorized to place materials necessary for the doing of such work in the street, provided that such materials are placed, barricaded and lighted as required by subsection 7-1-211A of this article, or any other ordinance of the City or law of the State. [Formerly numbered Section 13-43; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-215: INSPECTION AND APPROVAL BY PUBLIC WORKS DIRECTOR:¶
All work performed in connection with the installation, repair or alteration of sidewalks, curbs, gutters or driveway aprons and for street and alley surfacing shall be performed to the satisfaction of the Public Works Director and under the supervision of their authorized representative. The permittee shall notify the Public Works Director at least twenty four (24) hours before the time for any inspection. Any work completed without such request for inspection will not be accepted by the Public Works Director. [Formerly numbered Section 13-44; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-216: SPECIFICATIONS FOR RESURFACING MATERIALS:¶
All materials for resurfacing sidewalks, driveways, aprons, curbs, gutters and the like shall be of a mixture of binder and aggregate in accordance with the specifications therefor on file in the office of the Public Works Director. [Formerly numbered Section 13-45; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-217: WIDTH AND NUMBER OF DRIVEWAYS:¶
The maximum width of any driveway installed under the provisions of this article shall not exceed seventeen feet (17') in Zones R-1, R-2, R-3, R-4 and R-5, or thirty feet (30') in other zones; provided, however, that the Public Works Director, in their discretion, may allow additional widths for driveways. No driveway approach may cross a property line, as extended, without the consent of the Public Works Director; and in cases where more than one driveway serves the same lot or parcel of land in a residential zone, there shall be a curb space of not less than twenty feet (20') between such driveways. [Formerly numbered Section 13-46; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-218: PUBLIC WORKS DIRECTOR TO REPAIR DAMAGE TO STREET:¶
Where existing street improvements have been excavated or damaged as the result of underground installations or other work for which a permit has been issued under this article, the Public Works Director may elect to have the City restore said improvement at the permittee’s expense, in which event the restoration of said improvements shall be made by the Public Works Director and the cost thereof charged to the holder of the permit, in accordance with the current prevailing schedule of charges on file in the office of the Public Works Director. The Public Works Director shall and they are hereby authorized to establish, subject to the approval of the City Manager, a schedule of charges to be made for patching pavement and restoring curbs, gutters, sidewalks and other street improvements damaged by the holder of any permit under this article, and to change such schedule from time to time, subject to the approval of the City Manager, in order to conform to the prevailing prices for materials and labor. The schedule shall be open to public inspection in the office of the Public Works Director upon the demand of any person interested therein. [Formerly numbered Section 13-47; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-219: FILING MAPS OF UNDERGROUND INSTALLATIONS:¶
Every person owning, using, controlling, or having an interest in pipes, conduits, ducts, tunnels, or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water, steam, ammonia or oil in, to or from the City or to or from its inhabitants, or for any other purpose:
A. Complete Map: Shall file with the Public Works Director on demand, within one hundred twenty (120) days after the adoption of this code, a map or set of maps, each drawn to a scale of not less than two hundred feet (200') to one inch (1"), showing in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, drips, maintenance holes, hand holes, transformers, chambers or other appliances installed beneath the surface of the street belonging to, used by, or under the control of such person, or in which such person has any interest;
B. Corrected Map: Shall file with the Public Works Director within fifteen (15) days after the first day of January of each and every year, a corrected map or set of maps, each drawn to a scale of not less than two hundred feet (200') to one inch (1"), showing the complete installation of all such pipes, conduits, ducts, tunnels, or other structures, including all installations made during the previous year, to and including the last day of each year;
C. Portion of Map: Shall file with the Public Works Director, within twenty four (24) hours after the receipt of a written request to do so, copies of any portion of any map or maps of such installation; and
D. Maps to Be Accompanied By Affidavit: Each map herein required shall be accompanied by an affidavit endorsed thereon, to the effect that the same correctly exhibits the details required to be shown by this section. [Formerly numbered Section 13-48; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-220: NOTICE OF ABANDONMENT OF UNDERGROUND INSTALLATION3:¶
Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandonment, file with the Public Works Director a statement in writing, giving in detail the location of the pipe, conduit, duct, tunnel, or other structure so abandoned. Each map, or set of maps, filed pursuant to the provisions of this article shall show in detail the location of all such pipes, conduits, ducts, tunnels, or other structures abandoned subsequent to the filing of the last preceding map or set of maps. [Formerly numbered Section 13-49; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-221: REMOVAL OF OBSTRUCTIONS IN WAY OF PUBLIC IMPROVEMENTS:¶
A. Notice to Owner: Whenever the Public Works Director shall determine that it is reasonable and necessary that any property located in, upon, over or under any street be temporarily disconnected and reconnected, or permanently moved, relocated or removed from any street in order that the City or other governmental agency or instrumentality may, in its governmental capacity, most economically under modern engineering and construction methods, install, construct, build or erect any public improvement or works, in, on, over, under or along such street, or any other street, the Public Works Director shall, with the approval of the City Manger, notify the person owning, maintaining or controlling such property to move, relocate or temporarily disconnect the same, as may be determined by the Public Works Director;
B. Contents of Notice: Such notice shall identify and refer to the property to be moved, relocated or temporarily disconnected. When relocation is required, such notice shall designate the location to which the same shall be removed; and
C. Removal by Owner or Public Works Director: Every person given such notice shall, within ten (10) days thereafter, begin the work of moving, relocating or disconnecting their property as designated therein and shall prosecute such work diligently to completion; otherwise the Public Works Director shall have the power to do the same and the cost necessarily incurred to do such work may be recovered by the City from the person owning, maintaining or controlling such property. [Formerly numbered Section 13-50; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-222: DAMAGE TO TREES:¶
Every person making an excavation, tunnel or bore in or under the surface of any street shall exercise due care in performing such work in order that damage to any trees growing therein shall be avoided. It shall be the duty of the person making the excavation, tunnel or bore to notify the Parks and Recreation Department whenever there is danger of such damage occurring. [Formerly numbered Section 13-51; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 25-4,028, eff. 7/25/25.]
7-1-223: LAWS AFFECTING WORK:¶
Every person requiring a permit under this article shall comply with all safety laws, orders, ordinances, and regulations of the State and City which in any manner affect the persons and work to be done, and shall keep themselves fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or empowered in the work, or the materials and appliances used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having jurisdiction or authority over same. They shall at all times themselves observe and comply with, and shall cause their agents and employees to observe and comply with such existing and future laws, ordinances, regulations, orders and decrees, and shall indemnify and save harmless the City, its officers, employees and representatives against any and all claims or liability of any kind or nature arising from or based upon the violation of any such law, order, ordinance, regulation, or decree whether by themselves or their representatives or employees. [Formerly numbered Section 13-52; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-224: CONSENT OF PUBLIC WORKS DIRECTOR:¶
During the progress of the work, excavations, closure of streets, obstructions and impediments to the normal use of streets by the public shall not be done by any such person without first obtaining the consent of the Public Works Director, and arrangements made to safeguard the public and to not unduly impede traffic movement consistent with the work to be done. Such person shall conduct their operations so as to cause the minimum obstruction and inconvenience to traffic and to places of business and residences adjacent to the work. No greater quantity of work shall be under construction at any one time than can be properly conducted with due regard to the rights of the public. Where existing streets are not available as detours, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. [Formerly numbered Section 13-53; renumbered by Ord. No. 3058, eff. 2/21/87.]
7-1-225: HAULING; EXCAVATIONS:¶
A. Routes: In cases where the Public Works Director designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the construction materials to or from the excavation site consistent with the safety and welfare of residents and motorists along the routes.
B. Maintenance of Roadways: All public roadways used by the permittee shall be maintained free from all dust, dirt, and debris caused by the excavation operations.
C. Spillage: All vehicle loads shall be trimmed and watered, or otherwise secured, so as to prevent spillage from the equipment.
D. Equipment: In no event shall any export or import of construction materials to or from an excavation site over dedicated and improved streets in the City be undertaken or conducted except by use of equipment which complies in all respects with the State Vehicle Code. [Added by Ord. No. 3460, eff. 4/12/97.]
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