Campbell Municipal Code Ch. 11.04 Excavations

It is unlawful for any person, firm or corporation other than duly authorized employees of city, to make, or cause to be made, any excavation, or perform other work, in, or under the surface of any public street, lane, alley, sidewalk or other public place for any purpose without first obtaining a written permit therefor from city.

(Ord. 1619 § 1(part), 1986: prior code § 7100).

No permit shall be issued except upon compliance with the following provisions:

(1) Written application in duplicate shall be filed with the city clerk, or with such other person as may be hereafter designated by the city council. The application must contain and be accompanied by:

(A) The name and residence or business address of the applicant,

(B) A statement of the location of, and the nature of the work to be done,

(C) A plat or diagram in triplicate, showing the location of the proposed excavation; the dimensions thereof; the position of, and the relation of the proposed work to existing underground structures or facilities; a detailed statement of methods to safeguard existing structures or facilities,

(D) When incurred by the city engineer, costs of inspector's services shall be paid to city by the applicant. The city engineer may estimate this charge, and require it to be paid in advance of issuance of permit at his discretion,

(E) An agreement holding city, its officers, agents and employees, free, safe and harmless from any claim or demand for damages to third persons proximately resulting from the work proposed in the application;

(2) The applicant shall deposit with the city clerk such sum of money or a corporate surety bond in an amount as the city engineer may in his discretion deem to be adequate to indemnify city for the failure of the applicant to complete the improvements or to restore public streets, lanes, alleys, ways and public places to their orig.inal condition.

(A) It is provided that all public utilities including sewer and water districts, which, from time to time require the doing of work in the public streets, lanes, alleys, ways and other public places in city, which do not have on file with the city a bond or cash for the purpose set forth in the preceding paragraph, shall, upon the filing of its first application after the effective date of the ordinance codified in this chapter for the doing of any such work, deposit the sum of one thousand dollars with the city clerk, or in lieu thereof, a corporate surety bond in the amount. No other or further bond shall be required of said utilities in connection with any subsequent application by them so long as they are not in default of any of the provisions of this chapter in restoring any street way, lane, alley, sidewalk or public place to its original condition and in the manner hereinafter provided. The bond shall be kept in full force and effect at all times, and the city clerk shall annually be advised of its renewal,

(B) Upon completion of the work and acceptance thereof by the city engineer, the surety bond or cash deposit may be replaced by a surety bond or cash deposit in the amount of twenty-five percent of the original; such bond to be held by the city to guarantee the correction of any deficiencies that should appear in the work and or the repair of any damage that should occur as a result of the work,

(C) The bonds or cash deposits provided in this section shall be declared forfeited if the city council after a proper and reasonable investigation finds that the work of improvement or restoration as herein provided is not properly done. Upon a declaration of forfeiture, the proceeds of such cash deposits or bonds shall be first applied to the cost of repairs of said places, and the balance thereof, if any, shall be refunded to the provider of the funds;

(3) Issuance of Permit. All applications are subject to review by the city engineer, who shall have discretion to require such engineering changes in the plans as indicated in the application as he deems reasonably necessary to protect the city's interest. No application shall be granted or permit issued without the approval of the city engineer. Upon approval by the city engineer, the permit shall be issued by the city clerk or such other person who may be hereafter designated by the city council to issue the same. Such permit shall not be transferable;

(4) In the event an application is not approved by the city engineer, the applicant may petition the city council in writing for a hearing thereon, and the city council shall have the authority to grant or deny the permit.

(Ord. 1619 § 1(part), 1986: Ord. 1208, 1978; prior code § 7101).

Nothing contained in this chapter shall be construed to prevent any person, firm or corporation maintaining any pipe or conduit in any public street, lane, alley, way, sidewalk or public place by virtue of any law, ordinance or permit, from making excavations or doing such work as may be necessary in the event of an emergency for the preservation of life or property, provided that a full and complete report of the work done, or yet to be done is given to the city engineer not later than five days thereafter.

(Prior code § 7103).

It shall be the duty of every person, firm or corporation making any excavations in any public street, alley, or other public place to:

(1) Maintain safe crossings for vehicular traffic at all street intersections;

(2) Maintain safe crossings for pedestrians at intervals of not less than three hundred feet;

(3) If any such excavation is made across any public street or alley, to maintain at least one safe crossing at all times for vehicles and pedestrians, except as hereinafter provided;

(4) Maintain free access to private property at existing driveways;

(5) Maintain free access to all fire hydrants and water gates.

(Prior code § 7105).

Upon request contained in the application or letter showing the need therefor, the excavator may close an entire street to vehicular traffic, subject to the following conditions:

(1) The application or letter must specify the place and time, not to exceed four hours;

(2) The applicant to furnish barricades and detour signs;

(3) The applicant to furnish flagmen;

(4) Applicant to secure approval from city traffic engineer on routing and movement of traffic.

(Prior code § 7106).

All material excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. All gutters shall be maintained free and unobstructed for the full depth of adjacent curb. Wherever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

(Prior code § 7107).

It shall be the duty of every person, firm or corporation making any excavation in any public street, alley or public place to place and maintain barriers at each end of such places as may be necessary along the excavation to prevent accidents, and also to place and maintain lights and barricades at each end of such excavation and at distances of not more than fifty feet along the line thereof, from sunset each day to sunrise of the next day, until the excavation is entirely refilled.

(Prior code § 7108).

After such excavation is commenced, the work of making and refilling the same shall be prosecuted with due diligence and so as not to obstruct the street or other public place or travel thereon, more than is actually necessary therefor. The city engineer shall report any unnecessary delay in such work to the city council, and he shall notify the permittee in writing to comply. If there is no compliance within reasonable time, the city engineer may hire such work to be done as may be necessary to refill such excavation and to restore the street or other public place, or part thereof to as good a condition as the same was in before such excavation was made.

(Prior code § 7109).

All refilling of the excavations shall be made in accordance with standards prescribed by the city engineer.

(Prior code § 7110).

All pavements shall be replaced in accordance with standard, prescribed by the city engineer. If any edge or other portion of street or sidewalk shall be damaged by cave-in or other causes incident to such excavation, such damage shall be fully restored to its original condition.

(Ord. 1619 § 1(part), 1986: prior code § 7111).

If the disturbed pavement is not replaced by the person, firm or corporation making the excavation within such time as specified in the permit to make such excavation, then the city engineer shall direct such replacement to be made otherwise and the city shall collect from the person, firm or corporation liable for such work the cost of replacing such pavement. If the payment for the replacement work is not made within a reasonable time, the cost of the replacement work shall be deducted by the city from the deposits retained by the city from the person, firm or corporation making the excavation, or recovered on the bond, filed in lieu of the deposits. Written notice of such deduction from deposits are to be sent to the person, firm or corporation making the excavation and placed in the general fund.

(Prior code § 7112).

The person, firm or corporation, by whom the excavation is made in any public street, alley, or other public place, shall be deemed and held to guarantee the work of refilling and repair thereof for the period of two years after the refilling of such excavation, against all defects in workmanship and materials.

(Prior code § 7113).

All refilling and repaving of excavations shall be made in a manner satisfactory to and approved by the city engineer, who shall make periodic inspections of excavations for which permits are on file. If it appears that the restoration of the excavations is not satisfactory, the permittee who caused the excavation to be made shall be notified in writing of the deficiency and shall correct the same. If the same is not corrected within ten days from date of written notice, the city engineer may proceed in accordance with the provisions of Section 11.04.130.

(Prior code § 7114).

(a) The city engineer shall specify appropriate working hours on every excavation permit. Said working hours shall be designed to prevent unnecessary hazard or inconvenience to members of the public. In establishing said working hours the city engineer may consider:

(1) The impact of the work on vehicular and pedestrian traffic; and

(2) The proximity of the work to residential neighborhoods, schools, hospitals and libraries.

(b) Deviation from the working hours specified in the permit shall be deemed a violation of a mandatory provision of this code.

(Ord. 1729, 1988).