Chula Vista Municipal Code Ch. 12.16 Excavations

Sections:

• 12.16.010 Notice required.

• 12.16.020 Work to be done expeditiously.

• 12.16.030 Work not to discommode the public.

• 12.16.040 Barricades and lights required.

• 12.16.050 Area to be refilled and replaced to original condition.

• 12.16.060 Backfilling requirements.

• 12.16.070 Repaving requirements. 12.16.080 Bond – Required when – Determination of amount – Deposit in lieu of when.

***** For statutory provisions authorizing cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775.

It is unlawful for any person to excavate or cause to be excavated any hole, trench or ditch in any street, alley or sidewalk within the City limits without first having notified either the Department of Public Works of the City between the hours of 8:00 a.m. and 5:00 p.m., or the Police Department before 8:00 a.m. and after 5:00 p.m., of their intention to do so, stating the time and place and approximate duration of such excavation. Where the place of excavation is not specifically fixed by a franchise or permission, the place shall be designated by the Director of Public Works or the superintendent of streets and the work done under the direction of such individual. (Ord. 1205 § 2, 1969; prior code § 27.601).

Any work of excavating the streets, sidewalks, alleys or public places of the City shall be done with all possible expedition. (Ord. 1205 § 2, 1969; prior code § 27.602(1)).

All poles shall be placed and set, and all excavations made, so that the same shall discommode adjoining property owners and the general public as little as possible. (Ord. 1205 § 2, 1969; prior code § 27.602(2)).

It is unlawful for any person to excavate or cause to be excavated any hole, trench or ditch in any street, alley or sidewalk within the City limits of the City without maintaining barricades on such hole, ditch or trench with adequate lights and other warnings to the public of the location of such hole, trench or ditch. All such excavations shall at all times be safely guarded against the possibility of persons, vehicles or animals or other property being injured by the same. (Ord. 1205 § 2, 1969; prior code § 27.602(3)).

All ditches, trenches or excavations shall be refilled and replaced, and the street, alley or sidewalk shall be placed in the same condition it was prior to such excavation, to the satisfaction of the Department of Public Works. (Ord. 1205 § 2, 1969; prior code § 27.603(1)).

All excavations in the public streets, alleys, sidewalks or other public places in the City shall be backfilled without undue delay. Backfilling shall be accomplished in accordance with standard specifications as approved by the City Council. (Ord. 1205 § 2, 1969; prior code § 27.603(2)).

All excavations in paved surfaces shall be repaved in accordance with said standard specifications. Any person so repaving an excavation shall inspect the same after 30 days have expired to detect and to correct, at his own expense, any settlement. If, in the opinion of the Director of Public Works, a seal coat of bitumuls and screenings is necessary, the same shall be applied at once by any person so repaving such excavations at any time within two years after repaving is completed. (Ord. 1205 § 2, 1969; prior code § 27.603(3)).

A. Any person, other than a public utility, or persons who have obtained permits pursuant to Chapters 12.20, 12.24 and 12.28 CVMC, who shall apply for a franchise or permit to cut or excavate a surfaced or paved street, alley, public place or sidewalk for any purpose mentioned in CVMC 5.30.020, shall post with the City a good and sufficient surety company bond or a cash deposit in an amount equal to twice the estimated cost of replacing such surfaced or paved street, alley, sidewalk or public place in the same condition as before the same is excavated or cut, to insure and to guarantee all cost of replacing such surfacing or paving in the same condition as before the same was cut or excavated and in the manner provided for in CVMC 12.16.050 through 12.16.070, and to insure and guarantee the cost of maintaining such surfacing or paving for a period of two years from the date the same is replaced. The Director of Public Works shall determine the amount of such bond in accordance with this section, and his determination of the estimated cost of replacing such surfacing or paving shall be final.

B. Any general contractor, licensed by the state and the City, may, in lieu of posting a bond for each job as above provided, post a cash deposit or a blanket bond in the sum of $4,000 issued by a surety company acceptable to the City and approved by the City Attorney, which, by its terms, is made to guarantee the replacing and maintenance of such surfaced streets, alleys, sidewalks or public places as above provided, and which shall, by its terms, not be subject to withdrawal or cancellation without the consent of the Council, until two years have expired since the last job performed by such contractor involving excavations in such surfaced streets, alleys, sidewalks or other public places has been completed. (Ord. 1205 § 2, 1969; prior code § 27.604).