Colton Municipal Code Ch. 12.12 Street Improvements

No Person, firm or corporation Shall make, place or construct Improvements upon, under, over or within a Public Street unless and until a Permit Shall be issued therefor as provided hereinafter; however, this section Shall not apply to public officials or Employees authorized by the City.

(Ord. 974 § 1, 1957)

All Applications for Permits mentioned in Section 12.12.010 Shall be filed with the City Engineer on a form authorized and Approved by the City Engineer.

(Ord. 974 § 2, 1957)

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 thereupon, the City Council Shall adopt from time to time pertinent rules and regulations relating to such work and 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 and copies of all such rules and regulations Shall be on file with the City Engineer and a Copy of same Shall be delivered with any and all such Permits upon request, and there Shall be included in any and all such regulations a schedule of Permit Fees, inspection Fees and other Fees and charges for items mentioned herein.

(Ord. 974 § 3, 1957)

"Improvements," as Used in this chapter includes, but is not limited to making, constructing, replacing and repairing Sidewalks, Curbs, gutters, cross-gutters, Driveways, sewers, storm drains, manholes, catchbasins, paving and concrete Structures.

(Ord. 978 § 1, 1957: Ord. 974 § 4, 1957)

Work performed under Permits authorized by this chapter Shall conform to such standard drawings and specifications as May be adopted by the City and a Copy of such drawings and specifications Shall be on file at all times in the office of the City Engineer and in any event all work performed Shall be inspected and Approved by the City Engineer or his authorized Representative; and before final Approval thereto Shall be obtained, the Party doing the work Shall notify the office of the City Engineer at least twenty-four hours prior to the time when the work is ready for final inspection by the City Engineer, and if this Notice is not given, the City Engineer may, for good cause, make such reasonable conditions as he deems necessary before final acceptance of the work.

(Ord. 974 § 5, 1957)

The City Engineer is authorized for good cause to reject or issue, subject to the performance of such conditions as he May deem to be reasonably necessary, all Applications or Permits for Improvements over, under, upon or within the Public Streets of the City. However, before any such Permit is issued, all Permit Fees and inspection Fees and other deposits mentioned herein, Shall be paid in cash in a sum as estimated by the City Engineer and in accordance with the rules and regulations as mentioned herein or in lieu thereof as bond or other security acceptable to the City Engineer in an equivalent amount.

(Ord. 974 § 6, 1957)

Upon the Approval of any such Application for Permit as stated in Section 12.12.060, the Applicant Shall be required to furnish and deposit with the City:

A. A public liability insurance policy issued by a reliable insurance company, Approved by the City, with at least five thousand dollars/ten thousand dollars personal and one thousand dollars Property damage limits; or

B. Equivalent cash, certified check or cashier's check in favor of the City to cover such liability and to insure the City from any and all liability of every nature whatsoever.

(Ord. 974 § 7, 1957)

The City, when it deems the same necessary, May require the Applicant prior to issuing a Permit mentioned herein to make a cash deposit or a bond or other security satisfactory to the City in an equivalent amount for the benefit of the City or such other Property Owner as May be affected to cover the cost of possible damage that May occur to the Public Streets or the existing Improvements therein in the performance of the work covered by a Permit herein.

(Ord. 974 § 8, 1957)

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 City Engineer 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 Shall fail or refuse to immediately correct the same; the City Engineer 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. The City May Use a cash deposit or security in its possession for such purpose without Notice of any kind in completing any such work should the City desire to do so, or in lieu thereof, or in addition thereto, take advantage of the provisions of a bond deposit for such purpose.

(Ord. 974 § 9, 1957)

A. No Person, firm or corporation Shall make any Improvement over, upon and in a Public Street without maintaining safe crossings for which traffic can cross at all Street intersections, Alleys and private Driveways and safe passage for Pedestrians through the work and Shall further provide and maintain at all times free Access to all fire hydrants and water valves.

B. Any Person, firm or corporation doing work under a Permit as hereinbefore mentioned Shall provide and place, as the City Engineer May deem necessary, warning Signs, lights and barricades Approved by the City Engineer, 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 City Engineer 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 work is entirely completed to the satisfaction of the City Engineer.

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

D. 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 City Engineer and available for public inspection.

(Ord. 974 § 10, 1957)

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 without cost and to the satisfaction of the City. 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 proceedings against any such guaranty bond, surety or deposit.

(Ord. 974 § 11, 1957)

Any Person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, Shall be punished by a 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. 974 § 12(A), 1957)

The punishment for Violation of the penal provision of this chapter is 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 Violation of the penal provisions of this chapter.

(Ord. 974 § 12(B), 1957)