Ceres Municipal Code Ch. 04 Excavations

It is unlawful for any person, firm or corporation to make, or to cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk, or other public place, for the installation, setting, repair, or removal of any pipe, conduit, duct, tank, box, tunnel, or pole, or for any other purpose, without first obtaining from City Engineer, a written permit to make such excavation and making a deposit as provided in section 12.04.030 to cover the cost of inspection and of repairing, or restoring the public street, alley, sidewalk, or other public place to its original condition, or in a condition equal to or better than its original condition, together with the incidental expenses in connection therewith, all as provided in this chapter.

Before issuing such permit, the City Engineer shall require a written application to be made and filed with the City Engineer where the applicant shall include the name and residence or business address of the person, firm or corporation, making the application, and shall state in detail the location and area of each excavation intended to be made, and shall state the purpose for which the excavation is to be made and used. The application shall be accompanied by a drawing, if required by the City Engineer, showing the location of each proposed excavation and the dimension thereof, and such other details as City Engineer or his designee may require to be shown upon such drawing. When the application to excavate and the details of the accompanying plat comply with the terms of this chapter, the application and plat shall be filed in the office of the City Engineer as a public record.

It is unlawful for any person, firm, or corporation to refuse, fail, or neglect to file the statement and drawing and make a deposit, of either or any thereof, as in this chapter provided, before making or causing or permitting to be made any such excavation.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It is unlawful for any person, firm or corporation to make, or to cause or permit to be made, any excavation, or to install or maintain, or to cause or permit to be installed or maintained, any tank, pipe, conduit, duct or tunnel or pole in or under the surface of any public street, alley, sidewalk or other public place, at any location other than that described in the application and shown on the drawing filed by such person, firm or corporation as required by the provisions of this chapter.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Special deposits shall be made with the City Engineer upon the filing of the application and drawing, as required by the provisions of this chapter. The amount of the deposit shall be set by resolution.

All deposits made to the City Engineer as provided in this chapter shall be deposited with the City and shall be paid out as provided in section 12.04.110 by order of the City Engineer.

Any and all such deposits shall be held to ensure the payment of all charges required by this chapter, of all sums due for charges hereunder, and for any and all damages accruing to the City by reason of faulty or defective work.

Any general deposit as provided in section 12.04.030 may be made in cash, by a corporate surety bond, or other form of security approved by the City Attorney.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Upon receiving a written application and/or drawing, both as provided for in section 12.04.010, and the general or special deposit required by section 12.04.030 and approval for the work, the City Engineer shall issue a written permit to make such excavation, and shall open and keep a separate account thereof; provided, however, that the City Engineer shall not be required to issue such permit when that portion of the street in or under which the excavation is applied for has been paved and gas, water, and sewer mains and laterals have been installed prior to the paving, unless in his discretion the making of the excavation is an imperative necessity.

The permit shall state the amount of the deposit and shall be a receipt therefore. It shall also specify the person, firm or corporation to whom it is issued, the street, alley or other public place and the particular portion or portions thereof to be excavated and the extent of such excavations. Every permit, except for making house connections to sewers, or for making repairs to it, shall become and be void unless the excavation to be made pursuant thereto is commenced within 60 days from the date of issuance of the permit and the work diligently prosecuted as required in this chapter. Provided, however, that the City Engineer may grant an extension of such time for an additional period of not to exceed one year. Every permit for making a house connection to a sewer or for making repairs to it, shall become and be void unless all work to be done pursuant thereto shall be done and the excavation refilled in the manner required by this chapter within 30 days after the date of the permit; and provided further, that any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this chapter, within one day after final inspection of the pipe by the City Engineer and nothing in this chapter contained shall be deemed or construed to allow a longer period of time therefore.

If any person, firm, or corporation shall fail, refuse, or neglect to complete the making of any house connection to a sewer or to refill any excavation within the time required by this section, then the City shall complete the backfilling of such excavation in the manner required by this chapter, and the City shall retain the cost of such backfilling from the deposit made for such excavation.

If the work of excavation is not commenced within the time prescribed under this section, the permit shall be canceled, and the City shall retain the permit fee of the person, firm or corporation to whom the permit is issued.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. For the purpose of this section "trenching" is defined as all pavement cuts or any activity that penetrates through the asphalt-concrete pavement surface or the resurfacing material.

B. Except as provided subsection B.2 of this section, trenching of City streets in any portion of a street upon which a new asphalt-concrete surface has been placed or which has been resurfaced is not permitted for a period of three years after the placement of the new asphalt-concrete surface or the resurfacing material.

1. The Engineering Department will annually publish a three-year schedule identifying those streets, or portions thereof, which are subject to this restriction to assist utility companies, developers, and contractors regarding the scheduling of their projects.

2. Trench cutting will be permitted within the said three-year period if a written determination is obtained from the City Engineer, prior to the excavation, so long as one of the following circumstances exists:

a. A bona fide emergency that:

i. Endangers the health and safety of property of the citizens as determined by the City Engineer; and

ii. Requires excavation in order to remediate the emergency.

b. New service to a specific location cannot be provided:

i. Through existing conduit; or

ii. Where trenchless technology is impractical due to one or more of the following:

(A) Soil conditions, or

(B) Proximity of installations, or

(C) Where a large conduit package is being installed, or

(D) Where trenchless technology is economically impractical compared to trenching and resurfacing performed in accordance with approved standards as determined by the City Engineer; or

iii. Where the public utility demonstrates to the satisfaction of the City Engineer that the service cannot be provided from another location.

c. Installation relocation by non-government owned public utilities is required by the City, County, State or federal government.

C. Except as provided in subsection C.2 trenching of City streets in any portion of a street upon which a new slurry has been placed is not permitted for a period of one year after the application of the slurry.

1. The Engineering Department will annually publish a one-year schedule identifying those streets, or portions thereof, which are subject to this restriction to assist utility companies, developers and contractors regarding the scheduling of their projects.

2. Trench cutting will be permitted within the said one-year period if a written determination is obtained from the City Engineer prior to the excavation that one of the circumstances described in subsection B.2 of this section exists.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Whenever a trench cut excavation is permitted pursuant to the provisions of section 12.04.050, the excavation shall be patched as directed by the City Engineer and in accordance with all City of Ceres improvement standards and as further provided by this section.

1. Where the excavation is made in line with the direction of traffic flow, the excavation shall be patched as provided in subsection A of this section and a new slurry shall be applied upon the entire length of the excavation plus such additional distance at each end of the excavation as may be reasonably required in the professional judgment of the City Engineer. The new slurry shall extend from curb line to curb line, or where a raised median is present from curb line to the median.

2. Where the excavation is made perpendicular to the direction of traffic flow, the excavation shall be patched as provided in subsection A of this section, and a new slurry shall be applied upon the entire length of the excavation and extend from curb line to curb line, or where a raised median is present, from curb line to the median. The new slurry shall also be applied for the entire width of the excavation plus such additional width as may be reasonably required in the professional judgment of the City Engineer and shall extend from curb line to curb line, or where a raised median is present from curb line to the median.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The person, firm, or corporation by whom or which any excavation shall be made in any public street, alley, or other public place shall be deemed and held to guarantee the work of the backfill and repair thereof for a period of one year after the completion of such excavation against all defects resulting from their work. Whenever, prior to the expiration of the period of one year, any part of the trench so guaranteed becomes in need of repairs by reason of any defective work, the City shall at once make such repairs as are necessary, the cost of which shall be deducted from the deposit unless such person, firm or corporation shall commence to make such repairs within two working days after being notified to make and diligently prosecute such repairs to completion.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Each deposit made pursuant to the provisions of this chapter shall be retained by the City for a period of one year after the completion of the work, on account of which such deposit was made, and at the expiration of the one-year period, the deposit, less the deductions made pursuant to this chapter, shall be returned to the person, firm, or corporation making it, or to his heirs or assigns.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The decision of the City Engineer as to the cost of any work done or repairs made by him or under his direction pursuant to the provisions of this chapter shall be final and conclusive as to such cost.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The City shall maintain a record for each person, firm, or corporation making a deposit under the provisions of this chapter, and for each such deposit, keep a full and accurate account thereof showing the amount of any such deposit received and all deductions made therefrom.

(Ord. No. 2020-1057, § 2, 3-23-2020)

All moneys refunded pursuant to the provisions of this chapter shall be paid upon demands approved by the City Engineer and audited and paid in the same manner as other demands against the City are audited and paid.

(Ord. No. 2020-1057, § 2, 3-23-2020)

All excavations or backfill of excavations, and repair of street surfaces pursuant to the provisions of this chapter shall be made under the direction and inspection of the City Engineer.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Whenever any damage is caused to any grass, plant, or tree in any City right-of-way by any person, firm, or corporation, when excavating in any City right-of-way for the purpose of installing or repairing any pipe, conduit, duct, tunnel, tank or pole, or any appurtenances thereto, or when installing or repairing any wire attached to any pole erected in or near such right-of-way, the City Engineer shall cause notice of such damage to be served in person or by mail upon such person, firm, or corporation, or the local agent thereof, and if the damage is not repaired by the person, firm, or corporation within ten days from service of the notice, the City Engineer shall repair it and deduct out of the deposit made by the person, firm or corporation, under the provisions of this chapter, the amount so expended for repairing the damage.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It shall be the duty of any person, firm, or corporation making any excavation in any public street, alley or other public place, to maintain safe crossings for vehicle traffic and pedestrians at all street intersections. If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Provided, however, that City Engineer may permit closing of the street for such time as he, in his sole discretion, shall deem reasonable. Access must be provided to all fire hydrants. All materials excavated shall be laid compactly along the side of the trench and shall be so trimmed as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavation materials without using part of the adjacent sidewalk, the person, firm or corporation by whom the excavation is made shall keep a passageway open at least five feet in width upon and along the sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least two feet in width from the face of the curb at the gutter line. Wherever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained at all times.

It shall also be the duty of every person, firm or corporation making any excavation in any public street, alley or other public place, to place and maintain traffic control devices as per the State of California requirements as provided in the latest edition of "Traffic Controls for Construction and Maintenance Work Zones." Failure to comply will result in a cease work order until compliance has been achieved. Any trenches open when the cease work order is issued shall be backfilled. If the person, firm or corporation fails to backfill the excavation, the City shall perform the work and bill the person, firm, or corporation.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It is the duty of every person, firm, or corporation owning, using, controlling or having an interest in pipes, conduits, cables, ducts or tunnels under the surface of any public street, alley, sidewalk or other public place, for supplying or conveying gas, electricity, water, steam, ammonia communication or oil in, to, or from the City, or to or from its inhabitants, or for any other purpose, to furnish to the City, or any other person, firm or corporation having the right or being permitted to use the streets, alleys or ways of the City for the installation of underground facilities, the latest map and engineering specifications available, approved by an authorized representative, to the person, firm or corporation so owning, using, controlling or having an interest in such obligation to the City, or other person, firm or corporation requesting information concerning such installations. It is unlawful for any person, firm or corporation to fail, refuse or neglect to furnish such map or engineering specifications as required by this section.

(Ord. No. 2020-1057, § 2, 3-23-2020)

If at any time after the installation of any of the installations or structures as described in the public streets, alleys, ways or places, the City shall desire to change the grade in or make a new alignment of or change such public streets, alleys, ways or places in any manner, except for the purpose of constructing a freeway by the State of California, any person, firm, or corporation owning, controlling, or maintaining any such installation or structure mentioned in this chapter, upon written demand by the City, shall without cost or change to the City, alter, move or remove such installation or structure which may be in conflict with the new grade, alignment, or change of the public streets, alleys, ways, or places.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The provisions of this chapter shall not apply to excavations made by any department, board or officer of the City in the pursuit of its or his official duty. Provided, however, that the provisions contained in sections 12.04.060, 12.04.090, 12.04.120, 12.04.130 and 12.04.160 shall apply to all such work and to all excavations to be made along, in, or upon any public street, alley or other public place.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Nothing in this chapter contained shall be construed to prevent any person, firm or corporation maintaining any pipe or pipes, conduit or conduits, in any public street, alley, or other public place, by virtue of any law, chapter or permit, from making such excavations as may be necessary for the preservation of life, property, or service during such hours as City offices are closed. Provided, that the person, firm, or corporation making such excavation shall file a statement and drawing and make the deposit, therefore as required by this chapter within 24 hours after City offices are first opened subsequent to the making of such excavation.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of its requirements. A violation of, or failure to comply with, any of the requirements of this chapter shall constitute an infraction.

(Ord. No. 2020-1057, § 2, 3-23-2020)