Coachella Municipal Code Ch. 12.04 Street Excavations and Obstructions

The city council finds that excavations and obstructions have caused damage and dangerous conditions to the streets in the city. The damage and dangerous conditions to the streets is a detriment to the health, safety, and welfare of the citizens of the city. The city council declares that this chapter is adopted to prohibit excavation and obstructions on or about city streets which cause, or tend to cause, damage or dangerous conditions to the streets in the city.

(Prior code § 20-14)

The following definitions apply to this chapter:

"City attorney" means the city attorney of the city of Coachella.

"City council" means the city council of the city of Coachella.

"City engineer" means the city engineer of the city of Coachella.

"City treasurer" means the city treasurer of the city of Coachella.

"City" means the city of Coachella, a municipal corporation, and "city" shall also mean the area within the territorial limits of the city of Coachella.

"Excavation" means any cavity, hole, tunnel or other opening which directly or indirectly causes damage to any portion of a street, or to any portion of the city's right-of-way, or any opening which has the potential to directly or indirectly cause such damage.

"Obstruction" means any material or substance which directly or indirectly blocks, congests, hinders, impedes, slows, or stops any portion of a street, or to any portion of the city's right-of-way, or any act which has the potential to directly or indirectly cause such blockage.

"Person" means any natural person, association, company, corporation, firm, limited liability company, partnership, or organization of any kind.

"Street" means the travel portion of any alley, highway, parkway, sidewalk, street or other public way in the city and the city's right-of-way for such purposes or uses.

(Prior code § 20-15)

A. It is unlawful for any person to make, or cause to be made, any excavation in or under the surface of any city street or other public place for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the city engineer, a written permit to make such excavation and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter.

B. It is also unlawful for any person to make, or cause to be made, any obstruction on, or any encroachment upon any city street, sidewalk, or other public place without first obtaining from the city engineer, a written permit to make such obstruction and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter. This subsection applies to stationary sidewalk vendors who have obtained a permit pursuant to Chapter 12.50 of this title.

(Prior code § 20-16; Ord. No. 1209, § 5, 3-13-24)

The city engineer, before issuing the permit required by this chapter shall require:

A. A written application therefor to be made and filed with the city engineer wherein shall be set forth the name and residence or business address of the person making such an application and shall state in detail the location and area of each excavation or obstruction to be made and used.

B. The application shall contain the following statement which shall be signed by the applicant:

"The applicant acknowledges the duties under Article II, Chapter 20 of the Coachella Municipal Code and agrees to comply with the conditions on a permit issued under Article II, Chapter 20. The applicant also agrees to repair, or to pay the city, for the cost of any damage or removal fees to the city's street or right of way caused, directly or indirectly, by the applicant and also agrees to pay the city's collection costs including actual attorneys' fees."

C. The presentation of a plat showing the location of each proposed excavation or obstruction and the dimensions thereof, and such other details as the city engineer may require to be shown upon such plat.

D. When the application to excavate or obstruct and the details shown upon the accompanying plat comply with the terms of this chapter and the regulations of the city council, the application and the plat shall be approved or denied by the city engineer. After such approval or denial the application and plat shall be filed in the office of the city engineer as a public record.

E. If the application is approved by the city engineer, a deposit shall be made with the city engineer equal to sixty cents ($0.60) per square foot of the surface of each excavation or obstruction to be made in streets or other public places which have been paved and a sum equal to thirty cents ($0.30) per square foot for each foot of each such excavation or obstruction to be made in streets or other public places which are not paved; provided, that no deposit shall be less than twenty-five dollars ($25.00); provided further, that any person intending to make excavations or obstructions in public streets, alleys, or other public places, may make and maintain with the city a general deposit in the sum of five hundred dollars ($500.00) which general deposit shall be used for the same purpose as the special deposits described in this section, and while such general deposit is maintained at the sum of five hundred dollars ($500.00) such person shall not be required to make the special deposits as in this section provided, but shall be required to comply with all of the other provisions of this chapter.

F. Upon reviewing and approving a written application for the permit required by this chapter and the deposit required by this chapter, the city engineer shall issue a written permit to make such excavation or obstruction and shall open and keep an account thereof; provided, however, that the city engineer shall not issue such permit, unless the applicant has legal authority to occupy and use for the purpose mentioned in the application, the streets, alleys, sidewalks, or other public places covered by the application.

G. Excavation or obstruction permits shall specify whether the work or obstruction to be done is covered by a general or special deposit and if a special deposit, shall state the amount thereof. It shall also specify the person to whom the same is issued, the street, alley, or other public place and the particular portion thereof to be excavated or obstructed and the extent of such excavation or obstruction.

H. No permit issued under this chapter shall be transferable.

I. Every permit issued under this chapter shall become and be void unless the excavation or obstruction to be made pursuant thereto is commenced within ten (10) days from the date of the issuance of such permit and the work diligently prosecuted as in this chapter required.

(Prior code § 20-17)

Every permit as required by this chapter for an excavation or obstruction in or under the surface of any public street, alley, or other public place shall be granted subject to the right of the city or any other person entitled thereto to use that part of such street, alley or other public place as may be lawfully used.

(Prior code § 20-18)

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

(Prior code § 20-19)

A. The dirt from all excavations shall be replaced and carefully tamped in layers not exceeding two feet in thickness. Each layer shall be flooded with water before the next layer is put on, and the last layer shall be well flooded and tamped although the same may be less than two feet in thickness.

B. If the street or place where such excavation is made has been paved, the excavation shall be refilled as this chapter provided, up to the under side of the permanent pavement and when such refilling is in proper condition, the pavement torn up or damaged by such excavation shall be replaced in accordance with the requirements of the city.

C. The replacing of pavement shall be done under the supervision of an inspector duly authorized by the city engineer to inspect work and the city engineer shall collect as in this chapter specified, for the cost of replacement and the cost of such inspection at the rate of fifteen dollars ($15.00) per day for each inspector so employed.

(Prior code § 20-20)

A. If the disturbed pavement from an excavation or obstruction is not replaced by the person making the excavation or the obstruction is not removed within such time as the city engineer may allow therefore in the permit to make such excavation or obstruction, then the city engineer is authorized to collect from such person liable for such work the cost of replacing such pavement or removing such obstruction. If the payment for the replacement or removal work is not made within a reasonable time, then the cost of the replacement or removal work shall be deducted by the city from the deposits retained by the city from the person making the excavation or obstruction.

B. All money collected by the city engineer or deducted from the deposits for the cost or placement, removals and the inspection thereon as provided in this chapter shall be paid to the city treasurer and placed in the general fund of the city.

(Prior code § 20-21)

A. It shall be the duty of every person making any excavation or obstruction in any public street, alley, or other public place, to maintain safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than three hundred (300) feet. If any such excavation or obstruction is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants and water gates.

B. All materials from the excavation or obstruction 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. If the street is not wide enough to hold the excavation or obstruction material without using part of the adjacent sidewalk, the person by whom the excavation or obstruction is made shall erect a tight board fence 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 in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

(Prior code § 20-22)

It shall be the duty of every person making any excavation or obstruction in any city street or other public place, to place and maintain barriers at each end of such places as may be necessary along the excavation or obstruction to prevent accidents and also to place and maintain lights at each end of such excavation or obstruction and at distances of not more than fifty (50) feet along the line thereof from sunset each day to sunrise of the next day, until such excavation is entirely refilled or such obstruction entirely removed. It is unlawful for any person to fail, refuse or neglect to comply with any requirement of this section.

(Prior code § 20-23)

A. After an excavation or obstruction is commenced, the work of making, refilling or removing the same shall be prosecuted with due diligence and so as not to obstruct the street or other public place of travel thereon more than is actually necessary therefor. If the work is not so prosecuted, or the work of refilling or removing does not, in the judgment of the city engineer, comply with the terms of this chapter, the city engineer shall notify the person named in the permit that the work is not being prosecuted with due diligence or that the refilling of such excavation, or the removal of such obstruction, has not been properly done and shall require such person, within three days after the services of such notice, to proceed with diligent prosecution of such work or properly to complete the same as the case may be.

B. Such notice shall be written or printed, and shall be served personally or by leaving same at the residence or place of business of such person. If such person cannot be found in such place of business or residence is unknown or is outside the city, such notice may be served by depositing the same in the United States Post Office in a sealed envelope, postage fully prepaid, addressed to such person at such place of business or residence, if known. If such notice is not complied with the city engineer may do such work as may be necessary to refill such excavation and to restore the street or other public place or part thereof excavated to as good a condition as the same was in before such excavation was made.

(Prior code § 20-24)

All excavations, refilling of excavations, repairing of street surface and removal of obstructions pursuant to the provisions of this chapter shall be made under the supervision and direction of the city engineer. It shall be the duty of the city engineer to supervise and direct all such making, refilling and repairing of excavations, removal of obstructions and repairing of street surfaces and to require that all such excavations, refilling and repairing, and removal of obstructions comply with the requirements of this chapter and other ordinances of the city.

(Prior code § 20-25)

A. None of the provisions of this chapter shall apply to any work done, or to be done along, in or upon any city street other public place pursuant to any law of the estate provided for the improvement thereof, or any work done or to be done along, in or upon any such street, alley or other public place pursuant to any contract for the improvement authorized by the city council; provided, however, that the provisions contained in this chapter 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.

B. The provisions of this chapter shall not apply to excavations made by any officer or under the direction of any officer of this city in the discharge of his or her official duties.

(Prior code § 20-26)

Nothing in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit from making such excavations or obstructions as may be necessary for the preservation of life or property when such necessity arises; provided, that the person making such excavation or obstruction shall obtain a permit therefore within six hours thereafter.

(Prior code § 20-27)