Carpinteria Municipal Code Ch. 12.04 Street Construction and Excavation

Footnotes:

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For statutory provisions authorizing a city to prohibit or prevent obstruction in or to any sidewalk or street, see Gov. Code § 38775.

This chapter shall be known and referred to as the "street construction and excavation code of the City of Carpinteria."

(Prior code § 4700)

The purpose of this chapter is to regulate and control all secondary uses of city streets in order to protect and preserve the primary purpose and use of such streets, which is declared to be traveled by the public.

(Prior code § 4701)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

A. "Applicant" means any person making written application to the engineer for a permit under this chapter.

B. "Department" means the engineering department of the city.

C. "Engineer" means the city engineer, and shall include, where appropriate his assistants and deputies.

D. "Excavation" means any opening in the surface of a street right-of-way made in any manner whatsoever except an opening into a lawful structure below the surface of a street, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the street.

E. "Facility" means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, or object of any kind or character, whether enumerated in this chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any street right-of-way.

F. A "franchise holder" means any person that has entered into an agreement with the city, county, state or federal government that gives it a right to conduct business or otherwise occupy city rights-of-way.

G. "Permittee" means any person who has received a street construction excavation permit pursuant to this chapter.

H. "Person" means and includes any and all persons and entities, natural or artificial, including but not limited to the United States, the state of California and all other states, Santa Barbara County and all other counties, all cities, cities and counties, and all other public bodies, agencies, districts or subdivisions, and all the officers, employees, departments and bureaus of the foregoing, and any other individuals, groups or combinations, whether acting alone, jointly or in combination; provided, however, that the above enumeration shall not include the city engineer nor the engineering department of this city.

I. "Public agency" means the United States, or any department or agency thereof, the State of California or any department or agency thereof, any county, city, city and county, municipal corporation, political subdivision, public district or any other public officer or public body.

J. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or other similar structure location below the surface of any street right-of-way.

(Prior code § 4702)

(Ord. No. 723, § 2, 7-9-2018)

The provisions of the "Standard Specifications for Public Works Construction" ("Standard Specifications") and the "Standard Plans for Public Works Construction" ("Standard Plans") latest editions, supplements, and errata thereto, written and promulgated by Public Works Standards, Inc., a California Nonprofit Mutual Benefit Corporation whose members are the American Public Works Association, Associated General Contractors of California, Engineering Contractors' Association, Southern California Contractors Association, and BNI Publications, Inc., and additions and amendments thereto by the City of Carpinteria shall constitute the City of Carpinteria Standard Specifications and Standard Plans, respectively, in regulating materials of construction and their use in the erection, installation, alteration, repair, removal, conversion, demolition, and/or construction of public works improvements; and providing for the administration of contracts as well as permits issued in connection with such improvements.

(Ord. No. 739, § 2, 3-9-2020)

It is expressly declared unlawful for any person to do or cause to be done any of the following enumerated things without first obtaining a permit therefor and complying with all conditions thereof and all provisions of this chapter:

A. Excavate or fill in an excavation within a street right-of-way or city beach property; or

B. Install, maintain, cut into, repair or remove any sidewalks, curbs, gutters or street surfacing, or install, repair or remove any facilities or substructures in, on, over, or under any street right-of-way. This section shall not apply to telephone and power poles, associated anchors and guy wires located behind existing curbs, in alleys or where no curb is provided. Any present right which exists prior to the date upon which the portion of the street affected becomes a public city street, shall not be impaired, diminished or affected in any way by the permit requirements of this and other sections of this chapter.

(Prior code § 4703)

A. Applications for a permit for performance of any of the acts described in Section 12.04.040 shall be made in writing, upon forms furnished by the department and approved by the engineer. The forms shall be filed with the department and shall set out the following in detail, where applicable:

1. Name and resident or business address of applicant;

2. Location, dimensions, purpose, extent and nature of the proposed improvement, excavation, fill or obstruction and the facilities or substructures to be installed, repaired or removed;

3. Such other information as may be required by the department or the engineer.

B. Where one particular project will combine two or more of the acts described in Section 12.04.040 a single application may, in the discretion of the engineer, be made by the owner or by his agent duly authorized in writing, who shall set out the owner's names above his own. This application, when approved and signed by the engineer, shall constitute the permit required under this chapter.

(Prior code § 4704)

Any permit issued under this chapter shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the engineer for the protection of the streets or to prevent undue interference with traffic or to protect both persons and property within, upon or adjacent to such streets from damage or danger. In the case of changes or limitations or conditions to be made or imposed by the engineer after a permit is issued under this chapter, the engineer shall notify the permittee thereof, in writing, either by mail to the address set forth in the application or by personal service upon the permittee. Such change or new limitation or condition shall be effective twenty-four hours after deposit in the United States mail or immediately upon personal service.

(Prior code § 4705)

The engineer may issue annual permits for service connections or for other routine minor work performed by owners or employees and not exceeding twenty-five thousand dollars cost for any separate project. The permit shall become effective and be exercised by written notice given to the engineer not less than twenty-four hours before work is to be commenced thereunder.

(Prior code § 4706)

(Ord. No. 700, § 2, 4-27-2015)

A. The engineer may refuse to issue permits and may revoke any outstanding permits issued or any portion thereof, where the work has not been started, when the work authorized by the permit or any portion thereof is included in the proposed work to be done by any existing assessment district or by any proposed assessment district for which formation proceedings have been instituted by the city council. Upon such partial or complete revocation of a permit, all or a pro rata portion, as the case may be, of the cash deposit or other security of applicant, shall be returned or all or a pro rata portion, as the case may be, of any bond posted shall be exonerated, provided all fees and charges due have been first paid in full. The engineer shall revoke any outstanding permit when the permittee is in material default of the terms and conditions of the permit or this chapter.

B. The engineer shall not issue any permit under this chapter while the applicant is in default of any terms or conditions of any prior excavation permit issued by the engineer. If there is a question of fact as to the applicant's compliance with any permit issued prior to the permit in question, the applicant may apply to the council for a review of the engineer's denial of the permit. If the council shall find as a matter of fact that the applicant is not in default under any prior permits, it may order the issuance of a permit to the applicant.

C. A franchise holder whose engineering permit has been refused or revoked, may file an appeal to the city council. any appeal must be submitted in writing to the city clerk within thirty days from the date of the engineer's decision. All appeals must contain a detailed explanation stating the grounds for appeal. After receipt of the written appeal, the city clerk shall set a date for a hearing thereon and cause the applicant to be notified of the time and place for such hearing.

(Prior code § 4707)

(Ord. No. 723, § 3, 7-9-2018)

A. With each application for a permit under this chapter, the engineer may, in his discretion, require applicant to file a plat in triplicate, showing and designating by name, the street or streets which will be affected by such excavation, fill or obstructions, etc., together with the exact proposed location or locations and dimensions thereof as well as any other details required by the engineer.

B. This section shall not apply to excavations solely for making or maintaining service connections or for locating troubles or breaks in conduits, lines or pipes and repairing same.

(Prior code § 4710)

If, in the opinion of the engineer, the work proposed to be done by any applicant requires the making of plans, the engineer may require the application to be accompanied by such plans, and may require that such plans shall be prepared by a licensed surveyor or registered civil engineer.

(Prior code § 4711)

A. With each application for a permit under this chapter, the applicant shall deposit cash, certified check, cashier's check, negotiable securities of the kind approved to secure public moneys, or post a bond in an amount that the engineer deems adequate as calculated by the engineer to be sufficient to cover all fees required under this chapter, and to insure complete restoration of the surface of the street or streets to a condition as good as it was in prior to commencing the acts permitted under this chapter. If a bond is posted it shall be filed pursuant to Chapter 2.17 of this code and shall inure to the benefit of the city and be conditioned upon payment of all fees and other charges required by this chapter and full and complete repair and restoration of the street or streets affected to a condition equal to or better than they were in prior to commencement of the acts permitted under this chapter. Such bond shall further be subject to the approval of the engineer and city attorney as to form and sufficiency.

B. In the event that a portion of any project, for which a permit is required under this chapter, shall have been permitted under any other portion of this code or any other ordinance, and any of the securities enumerated in the foregoing subsection (A) have been given therefor, and which under its terms may be applied to the proposed project, the engineer may in his discretion, accept such security as complying in full or in part with the requirements of this chapter and waive the security required under this chapter in full or in part.

C. In lieu of giving of such security with each application for a permit under this chapter the engineer may, in his discretion, permit an applicant to make and maintain a continuing deposit of security in the amount of at least five thousand dollars. If, in the opinion of the engineer, the amount of work being performed or to be performed by an applicant shall require a greater amount of security, the engineer may require an appropriate increase in such amount. In the case of applicants defined as a public utility by the Public Utility Engineer of the State of California, or if not so defined as a public utility, but performing services of a public utility or quasi-public utility nature, and in the case of applicants which are public agencies, and which in such cases have assets in excess of two hundred fifty thousand dollars, no security shall be required to be deposited under this chapter, unless the engineer shall, for good cause, make a written demand for deposit of security by such applicant.

(Ord. 297 § 3, 1981; prior code § 4712)

Applicant shall sign a statement on each application agreeing to save and hold harmless the city and each and every officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property arising out of or connected in any way with any work done by applicant under any permit granted under this chapter.

(Prior code § 4753)

Permits issued pursuant to this chapter are nontransferable.

(Prior code § 4708)

The permit or a true copy thereof signed by the engineer shall be available at the job site at all times while the work is in process and until accepted by the engineer as fully completed.

(Prior code § 4709)

The applicant shall pay a fee as set by resolution of the city council to cover the cost of processing the application and issuing a permit under this chapter. This section shall not apply to the United States, the State of California, or the county of Santa Barbara. Permit fees may be waived by the engineer where a permit is required under this chapter for work to be done in connection with or as a result of a city project.

(Ord. 348 § 2, 1983: Ord. 297 § 4, 1981: prior code § 4713)

All plan checking, inspection and testing fees shall be charged in accordance with the current rate schedule adopted by the city council.

(Prior code § 4714)

Restoration costs for bonds shall be calculated as follows:

SCHEDULE

Any and all of the above unit prices may be changed at any time by order of the city council.

(Prior code § 4715)

If in the course of the work being done under the permit or permits, additional inspections or additional replacement charges over and above the amount of the initial security become necessary, or in the case of continuing security the amount becomes insufficient to cover fees and charges for work in progress, the engineer may require that additional fees or security be furnished by the permittee. Failure to promptly furnish the same upon request shall be grounds to revoke or suspend the permit or permits as provided in Section 12.04.240 and order all work being done thereunder to be stopped as provided in Section 12.04.260.

(Prior code § 4716)

Where work has been done under a permit issued pursuant to this chapter, the actual cost of restoring the area to the condition that it was in before the work was commenced shall be borne by the permittee. This section shall be applicable to all persons and public agencies as defined in this chapter and all persons and public agencies shall furnish security for the completion of such work as provided in this chapter.

(Prior code § 4717)

All unpaid fees and charges made under this chapter may be deducted from cash deposits (where deposits are required) and the balance, if any, returned to permittee, except in the case of continuing cash deposits, upon completion of the work permitted under this chapter and approval thereof by the engineer; provided, however, that where the deposit is five hundred dollars or more under Section 12.04.170, one-third of the cash deposit for replacement charges shall be retained for twelve months after completion of the work. In all cases where cash deposits are not made, all unpaid fees and charges shall be billed to permittee.

(Prior code § 4718)

In the event any applicant shall fail to pay any fees or charges due under this chapter, when charged for same, the engineer may in his discretion proceed against the surety for applicant or any bond or bonds or any other security provided for in Section 12.04.110 posted by applicant, to collect such fees or charges, or may elect to bring an action at law in any court of appropriate jurisdiction to collect such charges or fees from applicant without the necessity of bringing action against such surety. The engineer may in addition refuse to issue any new permits to an applicant with unpaid fees or charges due on any job.

(Prior code § 4719)

Fees for applications for and issuance of permits, for inspection costs, and other charges may be deposited in a single fund from which disbursements are made.

(Prior code § 4720)

The terms of this chapter shall apply to work on, in or in connection with streets in any subdivision or subdivided lands, as the same are defined by law, provided that the requirements of Title 16 of this code and any regulations, resolutions and orders of the city council relating to subdivisions shall govern all bonds and inspection fees on work done in or in connection with a subdivision.

(Prior code § 4721)

Except in the case of annual permits, every permittee shall commence the proposed work within thirty days after the granting of the permit or within such other time from thirty days minimum to sixty days maximum as the engineer shall specify. And thereafter shall prosecute the work to completion in a diligent and workmanlike manner and restore streets to their original or better condition or as near as may be possible thereto. The engineer may, for good cause, excuse delay in commencement or completion of such work. In the event of unexcused delay or failure to commence, carry out or complete such work in the manner provided in this chapter, the engineer may, in addition to any other remedies he may have, terminate or suspend such permit by notice in writing effective immediately upon personal delivery to permittee or his agent, or twenty-four hours after being deposited in the United States mail, addressed to permittee at the address shown on the application for permit, except that the engineer may elect to have the work completed and the cost thereof charged to the permittee. Thereafter, no work shall be done under such permit unless and until it is reinstated by the engineer.

(Prior code § 4722)

The engineer may require each applicant to file proof of applicant's right to use the street for the purposes set forth in the application.

(Prior code § 4725)

Permittee shall notify engineer in writing of any proposed deviations or changes in the work to be done under any permit and shall not proceed therewith until he has obtained both the written consent of the engineer to any such deviation or change and the written signed and acknowledged consent to such deviation or change of any surety company whose bond or bonds are posted in connection with such work.

(Prior code § 4724)

In addition to any other remedies or rights the engineer may have, he may issue a stop order upon violation of any of the provisions of this chapter or revocation or suspension of any permit granted under this chapter. Such stop order shall be in writing and shall be effective immediately upon personal delivery to the person in charge of the work at the project sites. Upon such delivery of such stop order, all further work shall be immediately stopped, other than such work as is immediately necessary for the preservation of life or property, and shall not be recommenced until written permission therefor is granted by the engineer.

(Prior code § 4723)

The engineer may require, in any permit issued by him under this chapter, that permittee give written or oral notice of the accomplishment of specified stages in the completion of the work to be done in order to permit inspection thereof by the department. In the event the engineer makes such requirements in the permit, permittee shall do no further work which would hinder or prevent a complete inspection of such completed stage of the work to be done, until such inspection has been made and the stage completed, approved by the department, and if such work shall have been done prior to such inspection, permittee shall take all steps and do all work necessary to permit a full and complete inspection upon demand of the person charged by the engineer with the duty of making such inspections.

(Prior code § 4726)

No person shall prevent or obstruct any officer or employee of the department in making any inspection pursuant to this chapter, nor in taking any sample or making any test.

(Prior code § 4727)

If, in the opinion of the engineer, the work proposed to be done by applicant requires the setting of stakes, the engineer may require applicant to set, or cause to be set, such stakes as in the opinion of the engineer are necessary or expedient under the circumstances. Where the engineer deems that drainage or other factors are critical, the engineer may have such stakes set by the department and may make a reasonable charge to applicant to cover the costs of setting such stakes.

(Prior code § 4728)

Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark with the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the engineer to do so. Before monuments, reference points and bench marks are disturbed, or removed, they shall be tied out by a licensed surveyor or registered civil engineer or under the directions of same. After completion of the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee.

(Prior code § 4729)

The permittee shall perform all work in accordance with plans, if plans are made, and specifications referred to in the permit to the satisfaction of the engineer.

(Prior code § 4730)

A. The permittee shall take appropriate measures to assure that during the performance of the work traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the abutting property and to the general public; provided, that the engineer may permit the closing of streets and alleys to all traffic for a period of time prescribed by him if, in his opinion, it is necessary.

B. The engineer may require that the permittee give notification to specified interested persons before commencement of the work.

(Prior code § 4731)

The excavation work shall be performed and conducted so as not to unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, and all other vital facilities. The engineer may prescribe specific conditions or exceptions in writing relating to such vital facilities.

(Prior code § 4732)

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any street right-of-way, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line.

(Prior code § 4733)

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

B. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to any streets or other public or private property, real and personal, resulting from its failure properly to protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and shall be replaced or the area shall be reseeded where cutting and replacing sod is impractical, after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as close as possible to that, which existed before such work began The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the engineer or other city official having control of such property.

(Prior code § 4734)

A. It shall be the duty of every person cutting or making an excavation in or upon any street right-of-way to place and maintain such barriers and warning devices necessary for safety as specified by the state Division of Highways publication "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways" and any revisions, supplements or replacements thereof.

B. Barriers shall meet the requirements of the engineer. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. Lanterns shall be kerosene or a similar fluid. Burning lanterns shall have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources.

(Prior code § 4735)

The permittee shall not move, alter temporarily, relocate, change, or interfere with any existing facility without the consent of the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner (unless the owner shall otherwise specify in writing). No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The permittee (or any other person specified by the owner in writing) shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other facilities which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work to the satisfaction of the owner of such facilities. In case any of such pipes, conduits, poles, wires or other facilities should be damaged, (and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility) they shall be repaired by the agency or person owning them (or other person specified by the owner in writing) and the expense of such repairs shall be charged to and paid by the permittee. The permittee by acceptance of the permit agrees to assume all liability for damage to facilities and any resulting damage or injury to anyone. The city shall not be made a party to any action because of the issuance of any permit or the work or supervision done thereunder. By the acceptance of the permit, the permittee agrees to hold the city harmless from any and all claims for any and all things done or omitted to be done under the permit or under color of the permit or any and all work contemplated thereby. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.

(Prior code § 4736)

A. Every application shall contain a statement, signed by the permittee, that if any facilities placed in the excavation or obstruction for which the application is granted and approved as a permit, shall become incompatible with future travel by the general public, or any other use by the city, then the permittee or its assigns or successors will, at its own expense, either remove such facilities in cases where such removal is necessary, or in cases where the use thereof has been or is to be abandoned, or in other cases, permittee or its successors or assigns, will at its own expense relocate such facilities at a location designated by the engineer. Unless directed otherwise by the engineer, permittee shall, after either such removal, or such relocation, fill in all excavations and restore the surface of the street right-of-way to a condition equal to or better than it was in before such removal or relocation.

B. Permittee, its successors or assigns must complete such removal or relocation within a reasonable time specified by the engineer. If permittee, its successors or assigns, fails to comply with the demand, the engineer may perform, or cause to be performed, the removal or relocation work and recover the cost thereof (together with all costs and expenses of such action, including reasonable attorney's fee) from the permittee, its successors or assigns by action in a court of competent jurisdiction. Permittee may, by agreement in writing with the engineer, (and at the sole discretion of the engineer) arrange for necessary removal or relocation of facilities by the city, reimbursement of the cost thereof to be made to the city upon completion of such removal or relocation.

(Prior code § 4737)

Section 12.04.390, insofar as it applies to the cost of removal or relocation of facilities and the statement on the application concerning such removal or relocation of facilities, shall not apply to any public agency as permittee or otherwise which shall have entered into an agreement in writing with the city governing payment of the cost of removal or relocation of facilities and equipment but instead the provisions of such agreement shall regulate and control payment of the cost of such removal or relocations.

(Prior code § 4738)

Each permittee shall conduct and carry out work permitted under this chapter 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 work, noise, dust and unsightly debris. During the hours of ten p.m. to seven a.m. the permittee shall not use, except with the express written permission of the 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.

(Prior code § 4750)

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Prior code § 4741)

A. Heavy duty pavement breakers may be prohibited by the engineer when the use endangers existing substructures or other property.

B. Saw cutting of portland cement concrete may be required by the engineer. The depths of the cut shall be not less than one inch in depth, and greater depth of cut may be required by the city engineer. Saw cutting may be required by the engineer outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.

C. Approved cutting of bituminous pavement surface ahead of excavations may be required by the engineer to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or saw-cut edge.

E. Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trench line. Boring or other methods to prevent cutting of pavement may be required by the engineer.

H. Permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.

(Prior code § 4742)

A. All material excavated from trenches and piled adjacent to the trench in any street shall be laid compactly along the side of the trench and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the street and so that as little inconvenience as possible is caused to those using streets, and adjoining property. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toeboards or bins may be required by the engineer to prevent spreading of dirt into traffic lanes. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

B. All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing, and ladders in trenches in accordance with "Trench and Tunnel Construction Safety Orders of the State of California," as they now or may hereafter exist.

(Prior code § 4739)

The maximum length of open trench permissible at any time shall be as may be specified by the engineer and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without first obtaining the written permission of the engineer.

(Prior code § 4747)

As the excavation work progresses, all streets 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 engineer. From time to time, as may be ordered by the engineer and, in any event, immediately after completion of such work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from work, and upon failure to do so within twenty-four hours after having been notified to do so by the engineer, such work may be done by the engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the cash deposit or surety bond provided under this chapter.

(Prior code § 4740)

No person shall, without written permission of the engineer, install any substructure, except manholes, vaults, valve casings, culverts, and catchbasins at a distance less than the following distances:

A. In Paved Streets.

1. Twenty-four inches below the established flow line of the gutter.

If said flow line is not established, then the depths shall be at a minimum of twenty-four inches below the surface of the outermost edge of the traveled portion of the street.

B. In Parkway.

1. The minimum depth of any substructure shall be sixteen inches below established gutter grade when such substructure parallels the parkway.

2. The minimum depth of any substructure shall be twelve inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.

C. In Other Streets.

1. The minimum depth of any substructure shall be twelve inches below the surface; provided, however, that the engineer may permit a lesser depth.

(Prior code § 4743)

Fine material, free from lumps and stone, selected from the soil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the method of consolidation being used. Broken pavement, large stone, roots and other debris shall not be used in the backfill. Each lift shall be mechanically compacted, flooded, jetted or ponded, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. Backfill material having a sand equivalent of less than ten percent shall not be flooded, jetted or ponded. Such backfill shall be placed in lifts not to exceed eight inches in thickness when compacted with pneumatic tampers or placed in lifts not to exceed four feet when compacted with a hydra hammer. Backfill material having a sand equivalent greater than ten may be flooded, jetted or ponded except that no flooding, jetting or ponding shall be allowed within thirty inches of finish grade, unless specific approval for such is received from the engineer. All backfill shall be done in a manner that will permit the restoration of the surface to a condition equal or superior to that which existed at the time of excavation. The engineer may require soil tests to be taken by the city's soil testing laboratory, when, in his opinion, backfill or any excavation is not being adequately compacted. In order for the resurfacing to be permitted such tests must show that the backfill material meets the minimum requirements as prescribed by the engineer. All expense of such tests shall be borne by the permittee.

(Prior code § 4744)

A. Permanent resurfacing of excavations may be required where the type of consolidation used in replacing the backfill is adequate, in the opinion of the engineer, to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided prior to placement by permittee of permanent resurfacing. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch of bituminous material. Such temporary paving material shall be cool mix, except that the permittee may use, or the engineer may require, hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the engineer, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required herein. The temporary paving shall be replaced at the sole cost and expense of the permittee by permanent paving pursuant to Section 12.04.500, equal to or better than the original paving at the time required by the engineer.

B. Acceptance or approval of any excavation work by the engineer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required under this chapter for incomplete or defective work if discovered within twelve months from and after the completion of the excavation work. The engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities under this chapter.

(Prior code § 4745)

Upon completion of the backfill, (including temporary resurfacing when required) of an excavation within a right-of-way for the installation or removal of substructures, the engineer at his option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this chapter, subject to the engineer's inspection, and shall be completed within a period of ninety days after such authorization to complete final resurfacing. Where required in the interest of public safety, the engineer may elect to do such resurfacing with city forces, in which event, the cost of such resurfacing shall be borne solely by the permittee.

A. Subgrades shall be restored to that existing prior to the excavation or in accordance with standards for the construction of new paved streets used by the city.

B. Portland cement concrete used in the repair of trenches shall not have a slump in excess of two inches.

C. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than five inches. Bituminous pavement shall be replaced at the same thickness as the existing pavement, unless otherwise required by the engineer. All bituminous pavement replaced shall be given a fog-seal coat.

D. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than four inches and shall match the color and texture of the adjoining sidewalk.

E. Expansion joints in portland cement patches shall be matched with saw-cut lines.

F. Portland cement shall be finished to match the texture of that of the adjoining pavement.

G. Concrete shall be compacted by tamping, rodding, or mechanical vibration.

H. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous-type pavement.

I. Chip-seal coats may be required by the engineer when the street has been ship-sealed or when it is a general practice to ship-seal bituminous-type pavement.

(Prior code § 4746)

If in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest require that work permitted under this chapter be performed as emergency work, the engineer shall have full power to order that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible.

(Prior code § 4748)

Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the engineer for such a permit on the first working day after such work is commenced.

(Prior code § 4749)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the engineer in writing on a form prescribed by engineer.

(Prior code § 4751)

After acceptance of the work by the engineer as fully completed in accordance with the conditions of the permit and all of the provisions of this chapter and any other applicable laws, permittee may request that the engineer issue a certificate of acceptance. Upon such request, the engineer shall issue the certificate of acceptance which shall contain a statement of the location, nature and extent of such work so completed under the permit. Such certificate of acceptance shall not release permittee from the twelve months requirements of Sections 12.04.200 and 12.04.490.

(Prior code § 4752)

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 work for which 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 inspections authorized under this chapter, the issuance of any permit or the approval of any work permitted under this chapter.

(Prior code § 4754)

It is unlawful for any person to violate any provision of this chapter or any condition of any permit issued under this chapter.

(Ord. 378 § 13, 1985: prior code § 4755)