Colton Municipal Code Ch. 12.08 Removal of Property—excavations

Whenever the Street superintendent of the City determines that it is reasonable and necessary that any Property located in, upon or under any Public Street or Public Place in this City, which is owned, maintained or controlled by any Person, firm or corporation, needs to be temporarily or permanently disconnected and/or moved from any Public Street or other Public Place, in order that the City or other governmental agency or instrumentality, within its governmental authority, May install, construct, build, repair, remodel, remove, change, or erect any public Improvement or works within the municipal limits, the Street superintendent Shall give Written Notice to the Person, firm or corporation owning, maintaining or controlling such Property by mail postpaid to their last known address notifying them to temporarily or permanently move, relocate and/or disconnect the same as May be deemed necessary; and such Notice Shall identify and Designate the Property to be so moved, relocated or disconnected and Shall Designate the new location if deemed necessary to which any such Property May be moved or relocated.

(Ord. 875 § 1, 1955)

It Shall be the duty of any such Person, firm or corporation within sixty Days from the date of mailing such Notice to commence, as soon as reasonably possible, the removal, relocating or disconnecting of said Property and to thereafter continuously and diligently perform such work in order that the same May be completed in the shortest possible and reasonable time; and should the same not be commenced or not performed or not completed as stated in Section 12.08.010, then and in that event the superintendent of Streets Shall be and is authorized and empowered to do the same or so much thereof as May be necessary to accomplish the desired purpose and charge the cost thereof to the Owner thereof or such other Person, firm or corporation who May be responsible or liable therefor; provided, however, the superintendent of Streets prior to performing such work Shall give Written Notice by mail post-paid as stated in Section 12.08.010 addressed to the last known address of such Person, firm or corporation prior to commencing any such work if reasonably practicable; provided further, however, in case of any Emergency or other unusual circumstances which makes the Notices mentioned in Section 12.08.010, or either of them, impossible or impracticable, then and in that event the Notices or Notice need not be given and the work May be done in the most reasonable manner under the circumstances that May then exist without any such Notice being given prior thereto.

(Ord. 875 § 2, 1955)

No Person, firm or corporation other than an authorized official or Employee of the City or other authorized governmental official, Shall make an excavation, cut or fill in or upon a Street or Highway including the Sidewalks thereof, for the installation, repair or removal of any pipe, conduit, duct or tunnel or for any other purpose whatsoever other than the normal planting of grass, trees or shrubs or the normal installation of poles and anchors serving overhead-Utility lines, unless and until a Permit Shall first have been issued to such Person, firm or corporation by the superintendent of Streets authorizing the same; provided, however, public Utility corporation operating within the limits of the City may, in case of an Emergency, make any such necessary excavation, cut or fill, provided an Application for a Permit Shall be made within twenty-four hours thereafter, and provided such work is in compliance with all Law in effect at the time in reference to same.

(Ord. 875 § 3, 1955)

All Applications for Permits mentioned in Section 12.08.030 Shall be filed with the superintendent of Streets on the authorized and Approved forms relating thereto together with the required filing Fee therefor as provided by rules and regulations adopted by the City Council.

(Ord. 875 § 4, 1955)

Except in excavations, cuts or fills to be made to service connections and locating or repairing existing underground installations, there Shall be filed with each Application a plan in duplicate, on a sheet eleven inches by seventeen inches, with drawing using a minimum scale of one hundred feet to an inch, showing the location, dimensions and such other complete details of such contemplated excavation, cut or fill as May be deemed necessary by the superintendent of Streets.

(Ord. 875 § 5, 1955)

There Shall also be filed with each such Application such evidence as May be deemed necessary by the superintendent of Streets to satisfy the official that the Party making the Application has the right, authority and qualifications to file the same and to make the excavation, cut or fill as requested.

(Ord. 875 § 6, 1955)

Upon the Approval of any such Application for Permit as stated in Sections 12.08.030 through 12.08.060, the superintendent of Streets Shall, prior to the issuance of any Permit therefor, require any such Applicant to deposit with the City:

A. Cash, certified check, cashier's check or a surety bond Approved by the City, in favor of the City, in an amount equal to the cost as estimated by the Superintendent of Streets to cover the cost of repairing and restoring the Street or Highway in such manner as to place the same as near as possible to its condition as existing immediately prior to such excavation cut, and said deposit Shall be considered as a guarantee that such work will be properly completed and Shall be retained by the City and not returned unless the work Shall be completed as provided herein and if not so completed the City May and is authorized to Use same or any Part thereof to complete said work and charge the entire cost thereof against the deposit and/or the bond and/or the Applicant;

B. A general liability insurance policy in the form of an original certificate of insurance, issued by a reliable insurance company Approved by the City, with minimum liability limits of one million dollars for each occurrence and naming the City as "additional insured," to cover such liability and to insure the City from any and all liability of every nature whatsoever connected directly or indirectly with any such work.

(Ord. 0-03-03, 2003; Ord. 875 § 7 (part), (a), (b), 1955)

Should the Applicant be a regular licensed public Utility company operating within the City limits or such other financially reliable Person, firm or corporation whom the superintendent of Streets May determine, upon investigation, to have sufficient clear assets within the City to be more than sufficient to cover the deposits, bonds and guarantees provided for herein; then and in that event, the superintendent of Streets May waive all or Part of any such requirement as provided herein upon such terms and conditions as May be reasonably provided; however, any such waiver Shall not release any such Party from any or all liability upon any of the obligations provided herein.

(Ord. 875 § 7(c), 1955)

Upon complying with all of the requirements stated herein the superintendent of Streets Shall thereupon issue to the Applicant a Permit to proceed with the work as requested in the Application and said work Shall be done exactly in accordance with the terms and conditions of the Approved Application and Permit.

(Ord. 875 § 8, 1955)

After any excavation or cut has been accomplished for the purpose intended, the work of refilling the same Shall be completed as soon as reasonably possible and Shall be done so as to obstruct the Street, Highway and Sidewalk as little as possible.

(Ord. 875 § 9, 1955)

Inasmuch as the work provided to be done in this entire chapter is to be done upon Public Streets and Highways, and thereby May endanger the health and safety of Persons and Property, the City Council Shall adopt from time to time pertinent rules and regulations relating to such work. All such work done under any Permit so issued or work done after Notice given or otherwise as provided herein Shall be done in accordance with any and all such rules and regulations relating thereto. Copies of all such rules and regulations Shall be on file with the superintendent of Streets and a Copy of same Shall be delivered with any and all such Permits upon request. There Shall be included in any and all such regulations a schedule of filing Fees or other Fees and charges for items mentioned herein.

(Ord. 875 § 10, 1955)

If at any time during the progress of any work as provided in this chapter, the same is not being done in accordance with the terms and conditions set forth herein or in accordance with the rules and regulations relating thereto adopted by the City Council for the health and safety of Persons and Property using the public Highways of this City, or if the same is being done without a valid existing Permit therefor, the superintendent of Streets Shall be and is authorized to immediately Stop any and all such work and to require the same to be done properly and if the Person, firm or corporation responsible therefor fails or refuses to immediately correct the same, the superintendent of Streets Shall be and is empowered and authorized to Stop the work permanently or to take over under the circumstances and either proceed to do the work or have the same done with qualified Persons all at the cost of the Party responsible.

(Ord. 875 § 11, 1955)

All Permits issued under provisions of this chapter Shall become null and void unless the work to be done thereunder is done as soon as reasonably possible after the issuance thereof and has been completely finished within sixty Days from the issuance thereof; provided, however, the superintendent of Streets May extend the time thereof in writing should extraordinary or Emergency conditions occur which prevented the work being done in the time stated herein.

(Ord. 875 § 12, 1955)

The Permittee Shall maintain the surface of any and all backfills resulting from any excavations referred to herein in a safe and efficient manner to properly accommodate any and all traffic that May Use the same until such time as the superintendent of Streets, after inspection at the expense of the Permittee, Shall accept and approve the completion of the entire Project and the Approval Shall be given, if the work has been done properly within thirty Days, if reasonably possible, after such temporary surface has been completed and the superintendent of Streets so notified.

(Ord. 875 § 13, 1955)

No Person, firm or corporation Shall make any excavation in any Street or Sidewalk without maintaining safe crossings for Vehicle traffic at all Street intersections, Alleys and private Driveways, and safe crossings for Pedestrians at intervals of not more than three hundred feet, and in any event at least one safe crossing Shall be maintained at all times for Vehicles and Pedestrians; and

A. Shall further provide and maintain at all times free Access to all fire hydrants and water Gates; and

B. Shall place and maintain at each end of such excavation, and at distances of not more than fifty feet apart along the line thereof and at such other places as the superintendent of Streets May deem necessary, warning Signs, lights and barricades Approved by the superintendent of Streets, and any such lights Shall be kept lighted from sunset each Day until sunrise the Following Day; together with such other additional warning Signs, barricades, temporary bridges, watchmen, or any of the foregoing as the superintendent of Streets May deem necessary and order to be installed, kept and maintained at such places to safeguard the public, all of which Shall be maintained until the excavation is entirely refilled and resurfaced to the satisfaction of the superintendent.

In the event any of the foregoing safety measures are not installed or maintained by the Permittee, when required by the superintendent of Streets, or in any event if required by an Emergency, the superintendent is authorized to install any, or all, of the aforementioned warning Signs, barricades, lights, bridges, etc., and charge the Permittee for such installation.

(Ord. 875 § 14, 1955)

Any Person, firm or corporation being issued a Permit to do work under provisions of this chapter Shall hold the City free and harmless from any and all liability of every nature whatsoever connected directly or indirectly with any said work and Shall complete all such work including filling to the satisfaction and without cost to the City and the deposits and bonds to guarantee completion of the work and the liability policy or cash in lieu thereof as provided herein Shall be issued to guarantee the City against any such loss or liability and if the deposits or policies are not sufficient in amount to protect the City therefrom, the Party responsible Shall reimburse the City immediately upon demand therefor for any and all other loss including Attorney Fees incurred that it May suffer by reason thereof in excess of such guarantees, and the City Shall be and is authorized to proceed directly against any Party responsible therefor without the necessity of first proceeding against any such guaranty bond, surety or deposit.

(Ord. 875 § 15, 1955)

Every Person owning, controlling or having an interest in any pipe, conduit, duct, or tunnel under the surface of any Street or Sidewalk, for supplying or conveying Gas, electricity, telephone lines, water steam, ammonia, or oil in, to, or from this City, or from its inhabitants, or for any other purpose Shall file in the office of the City Engineer, within sixty Days hereafter or within sixty Days after the completed installation of any pipe, conduit, duct, main, manhole, hand hole, chamber, or other appliance, except a service, or service pipe installed beneath the surface of the Street or Sidewalk, a corrected set of maps or atlas sheets, as drawn to a minimum scale of one hundred feet to one inch showing the complete installation of all such underground pipes and other such underground Improvements.

(Ord. 875 § 16(a), 1955)

Whenever any pipe, conduit, duct, or tunnel or other Structure, or the Use thereof, is Abandoned, except service, or service pipes, located under the surface of any Street, or Sidewalk, the Person owning, using, controlling, or having an interest therein, Shall within sixty Days, file in the office of the City Engineer a map giving in detail the location of such pipes, conduit, duct, or tunnel, or other Structure so Abandoned or removed.

(Ord. 875 § 16(b), 1955)

No Person Shall open or remove the cover of any manhole, vault, or Structure in any City Street, Alley, Sidewalk or Public Place, or allow any manhole to remain open in, or upon any City Street, Alley, Sidewalk or Public Place without first placing, and at all times maintaining, immediately adjacent to the opening of any manhole, and while such manhole remains open, at least two red flags, or two danger Signs, between one-half hour before sunrise and one-half hour after sundown, and at least two red lights between one-half hour after sundown and one-half hour before sunrise. All flags, lights and danger Signs Shall conform to the requirements outlined in the current and hereafter amended "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways" issued by the Department of Public Works of the State, a Copy of which is on file with the superintendent of Streets and available for public inspection.

(Ord. 875 § 17(a), 1955)

The Owners of any manholes or other Structures located in or upon any City Street, Alley, Sidewalk or other Public Place, Shall within thirty Days after the date of receiving Notice from the superintendent of Streets that a change has been made in the Elevation of the Street surface wherein their manhole or Structure is located, either raise or lower said manhole or Structure to conform to the latest existing Elevation of the Street surface at their own expense.

(Ord. 875 § 17(b), 1955)

Any Person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, Shall be punished by fine not to exceed three hundred dollars, or by imprisonment in the County Jail not to exceed ninety Days or by both such fine and imprisonment at the discretion of the Court.

(Ord. 875 § 18(a), 1955)

The punishment for Violation of the penal provisions of this chapter are cumulative, and in addition to any other remedies set up in this chapter and the enforcement of the penal provisions of this chapter, Shall not constitute a bar to the exercise by the City of all other powers conferred upon it by this chapter; nor Shall the exercise by the City of the powers herein conferred upon it by this chapter constitute a bar to criminal prosecution for the Violation of the penal provisions of this chapter.

(Ord. 875 § 18(b), 1955)

A. Definitions. The following definitions are applicable within this section:

"Director" means Public Works and Utility Services Director or designee.

"Excavate" or "Excavation" means any cutting, digging, potholing or otherwise disturbing the street surface with the right-of-way to access or install a utility line or any related facility or for other reasons.

"Facility" means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.

"Moratorium street" means a street, alley, and public place that was (a) constructed, reconstructed, or overlaid within the past five (5) years or (b) slurry sealed within the past three (3) years.

"Permit" means written authorization from the Director to excavate, encroach upon, or obstruct a public right-of-way in compliance with this section.

"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

B. Moratorium. For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:

1. Non-emergency street excavation is prohibited for a period of five (5) years from the date of notice of completion of street construction, reconstruction, or overlay.

2. Non-emergency street excavation prohibited for a period of three (3) years from the date of notice of completion of slurry seal.

Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced public streets.

C. Exceptions. Exceptions to the moratorium may be permitted in the following situations, at the discretion of Director:

1. Emergencies that create imminent endangerment of life or property.

2. Interruption of essential utility service.

3. Work that is mandated by the city, state, or federal law.

4. Service for new development or new customers where no other reasonable means of providing service exists.

5. Other situations deemed by the Director to be in the best interest of the general public.

Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as included herein or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the City acting in the discharge of their official duties.

D. Waiver Application. To apply for a waiver to excavate within a public street within five (5) years of the completion date of the street construction, reconstruction, or overlay or within three (3) years of the date of notice of completion of slurry seal, the applicant must submit a written request to the Director. The request must include the following:

1. The location of the excavation.

2. Description of the work to be performed.

3. A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.

4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.

5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

E. Permit Conditions. In the event that a waiver is granted under subsection (C) of this section, any excavation in the public street shall be repaired in accordance with any and all conditions of the permit and the following standards:

1. Construction, Reconstruction, Overlay:

i. For street cuts/trenches, on a moratorium street, perpendicular to traffic lanes (a transverse street cut): The permittee will be required to grind and overlay, two (2) inches of Asphalt Concrete (AC), twenty (20) feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five (5) feet from the end(s) of the trench. If the trench end(s) is less than or equal to five (5) feet from a lane line the adjacent lane shall be included, or as directed by the City Engineer. The full width of street shall be slurry sealed within the limits of the grind and overlay, or as directed by the City Engineer. All work requires a properly licensed contractor. All other criteria from the City of Colton Standard Drawing No. 124 are applicable.

ii. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to grind and overlay two (2) inches of AC, one-half (½) street width minimum, for the length of the cut plus ten (10) feet on both ends, but not less than or equal to five (5) feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included, or as directed by the City Engineer. The full width of the street shall be slurry sealed, within the limits of the grind and overlay, or as directed by the City Engineer. All work requires a properly licensed contractor. All other criteria from City of Colton Standard Drawing No. 124 are applicable.

2. Slurry Seal.

i. For street cuts/trenches, on a moratorium street, perpendicular to traffic lanes (a transverse street cut): The permittee will be required to slurry seal, match existing slurry seal, twenty (20) feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five (5) feet from the end(s) of the trench. If the trench end(s) is less than or equal to five (5) feet from a lane line the adjacent lane shall be included. All work requires a properly licensed contractor. All other criteria from City of Colton Standard Drawing No. 124 are applicable.

ii. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to slurry seal, match existing slurry seal, one-half (½) street width minimum, for the full length of the cut/trench plus ten (10) feet on both ends, but not less than or equal to five (5) feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included. All work requires a properly licensed contractor. All other criteria from Colton Standard Drawing No. 124 are applicable.

F. Violation and Penalties. Any street cut, trench, or condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare. Such condition is hereby declared and deemed to be a public nuisance and may be corrected or abated as directed by the Director. Any person creating a public nuisance is guilty of a misdemeanor and may also be subject to administrative citations and fines.

(Ord. No. O-02-22, § 2, 3-1-2022)