Costa Mesa Municipal Code Ch. II Work on or Affecting Streets

The application for a permit required by this chapter shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruction or fill, and any other detail which the city engineer may require.

(Code 1960, § 7203; Ord. No. 80-2, § 2, 2-4-80)

Each applicant for a permit shall submit to the city engineer satisfactory proof of the applicant's right to use the street for the purpose set forth in the application.

(Code 1960, § 7204; Ord. No. 80-2, § 2, 2-4-80)

The city engineer may require such changes in the application respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in his opinion may be necessary for the protection of the street, the prevention of undue interference with traffic, or to assure the safety of persons using the street.

(Code 1960, § 7205; Ord. No. 2-80, § 2, 2-4-80)

Each application for a permit required by this chapter shall be accompanied by an issuance fee established by the city council, by a separate resolution, no part of which shall be returned to the applicant regardless of the action taken on the application.

(Code 1960, § 7207; Ord. No. 80-2, § 2, 2-4-80)

(a) Unless the city engineer shall have authorized the applicant under this chapter to perform the resurfacing or repair of the surface of the street which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant shall, in addition to the issuance fee, deposit with the city engineer the estimated cost of resurfacing or repairing the surface of the street which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than $10. The estimated cost shall be determined by the city engineer by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the cost to the city per square foot.

(b) In cases where the applicant is granted authority to make the repairs required under this chapter, the city engineer may, in order to insure the completion of said repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of said bond shall not be less than $1,000, nor the minimum period less than one year. The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this chapter in a good and workmanlike manner and to the satisfaction of the city engineer.

(c) Whenever an applicant is authorized to make or perform any portion of the necessary repairs to any street pursuant to this chapter, he shall, in addition to other fees and costs, be required to pay the actual engineering and inspection costs incurred by the city to ensure the making of repairs in a workmanlike and satisfactory manner. To secure the payment of such costs, the applicant shall, in addition to the permit fee and other fees required by this chapter, deposit with the city engineer an amount estimated by the latter to be equal to twice the actual cost of all necessary engineering and inspection costs. Engineering and inspection costs shall include the wages of the engineer or inspector for the time actually spent in connection with the permittee's operation, plus expenses of transportation, plus 15% of the total wages to cover overhead items. The deposit required under this subsection may, with the approval of the city engineer, be effected through a charge against or deduction from any funds maintained as a "general deposit" authorized by section 15-33 or with the approval of the city engineer, the payment of said fees may be secured through any surety bond posted by the applicant under the provisions of this chapter.

(Code 1960, § 7208; Ord. No. 80-2, § 2, 2-4-80)

(a) In lieu of making the special deposit required by section 15-32, the applicant may make and maintain with the city engineer a general deposit in an amount estimated by the city engineer to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, but not to exceed $500.

(b) In lieu of the special deposit required by section 15-32 or of making the general deposit as provided for in subsection (a) of this section, the applicant may, with the approval of the city engineer, furnish a surety bond conforming in all respects to the requirements for surety bonds set forth in subsection (b) of section 15-32, except that the condition of such bond shall be that the applicant will pay to the city, upon demand, all fees, costs or charges incurred by or due the city under the provisions of this chapter.

(Code 1960, § 7209; Ord. No. 80-2, § 2, 2-4-80)

Whenever in this chapter any costs are to be charged to any permittee and no other method for the calculation thereof is specified, such costs shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead, not to exceed 15% of the total costs.

(Code 1960, § 7210; Ord. No. 80-2, § 2, 2-4-80)

If the United States, this state, this or any other county, any municipal corporation, school district or other public agency files with the city engineer a written guarantee of payment of all costs for which they may become liable to the city under this title, then no deposit for costs shall be required from such persons, except that the city engineer may require contractors, acting as agents of a public agency, to comply with section 15-32 for projects exceeding $50,000 in construction costs where the performance of work within the public right-of-way in the preceding two years by contractors, acting on behalf of such public agency, has been unsatisfactory. The term unsatisfactory shall mean a determination by the city engineer that 20% or more of city staff time than would normally be expended is used to monitor or inspect a public agency project to ensure compliance with city engineer safety and operation standards for city streets, roadways and alleys. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to section 6103 of the California Government Code.

(Code 1960, § 7211; Ord. No. 80-2, § 2, 2-4-80; Ord. No. 95-17, § 2, 11-6-95)

If the applicant for a permit under this chapter complies in all respects with this chapter and with all other applicable laws, rules, regulations or ordinances of the city or of any other public agency, and pays the fees and deposits required by this chapter, the city engineer shall approve the application and issue the permit.

(Code 1960, § 7212; Ord. No. 80-2, § 2, 2-4-80)

Any permit issued pursuant to this chapter shall be subject to the following conditions which shall be stated thereon:

(a) The permit must be kept at the site of the work and shall be shown, on demand, to any authorized representative of the city or any law enforcement officer.

(b) The permit shall authorize work to be performed only as to such portion of the street over which the city has jurisdiction.

(c) All work shall be performed in accordance with the provisions of this chapter and of all applicable laws, rules and regulations of the city and any other public agency, and to the satisfaction of the city engineer.

(d) The permit shall be nontransferable.

(e) The city engineer may cancel the permit unless the work authorized thereon is commenced within 30 days of the issuance of the permit and thereafter, in the opinion of the city engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application.

(f) The city engineer may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the street or for the prevention of undue interference with traffic or to assure the safety of persons using the street.

(Code 1960, § 7213; Ord. No. 80-2, § 2, 2-4-80)

A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any street, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel in, upon or under the surface of any street, at any location, or in any manner other than that described in the application as approved by the city engineer or contrary to the terms of the permit or of any provision of this chapter.

(Code 1960, § 7214; Ord. No. 80-2, § 2, 2-4-80)

(a) Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the city engineer.

(b) If any permittee fails or refuses to refill any excavation which he has made or to remove any obstruction which he has placed on any street, the city engineer may do so and the permittee shall promptly reimburse the city the cost thereof.

(Code 1960, § 7215; Ord. No. 80-2, § 2, 2-4-80)

Upon completion of the refilling of the excavation and the removal of the obstruction, the permittee shall promptly resurface or repair any portion of the street surface removed or damaged by the excavation or obstruction, or the city engineer may, at his option, elect to do the resurfacing or repairing himself. Where the pavement or surface has been removed, the permittee shall replace it to a thickness of one inch greater than that of surrounding pavement or surface and, in no event, to a thickness less than two and one-half (2½) inches. Where a treated or modified subgrade has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the city engineer orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade.

(Code 1960, § 7216; Ord. No. 80-2, § 2, 2-4-80)

If, after the refilling of an excavation, the permittee fails or refuses to resurface or repair that portion of the surface of the street damaged by him, or if the city engineer has elected to do such resurfacing or repairing, the city engineer shall do so and the permittee shall be charged with the cost thereof computed by the city engineer as provided in section 15-32 or section 15-34, whichever, in the judgment of the city engineer, will most fairly compensate the city for the expenses incurred by it.

(Code 1960, § 7217; Ord. No. 80-2, § 2, 2-4-80)

The city engineer may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resurfacing or repair of any street surface removed or damaged by the proposed excavation or obstruction pursuant to a permit hereunder.

(Code 1960, § 7206; Ord. No. 2-80, § 2, 2-4-80)

If at any time subsequent to the first repair of a surface of a street damaged or destroyed by any excavation or obstruction of such street, it becomes necessary again to repair the surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the city the cost of such additional repairs made by the city engineer. The cost shall be computed by the engineer as provided in section 15-32.

(Code 1960, § 7218; Ord. No. 80-2, § 2, 2-4-80)

Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling.

(Code 1960, § 7219; Ord. No. 80-2, § 2, 2-4-80)

There is hereby adopted standard specifications of warning devices which shall be known and referred to as "Construction Safety Orders," as published by the state division of industrial safety, and also the "Work Area Traffic Control Handbook" booklet published by Building News, Incorporated, in Los Angeles.

(Code 1960, § 7220; Ord. No. 74-53, § 2, 10-1-74; Ord. No. 77-4, § 2, 2-22-77; Ord. No. 80-2, § 2, 2-4-80)

All pipes and conduits laid parallel to the roadway shall be placed at least five feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the city engineer. The shallowest portion of any pipeline or other facility shall be installed not less than 30 inches below the roadway surface.

(Code 1960, § 7221; Ord. No. 80-2, § 2, 2-4-80)

(a) In backfilling there shall be no flooding of the trench within the upper 24 inches. All loose backfill shall be dampened and well tamped with a pneumatic tamper or in any other workmanlike manner satisfactory to the city engineer to reduce all settlement to a minimum.

(b) All excavated material shall be cast away from the improved portion of the street. After the work has been completed, all excess material, including excess excavation, shall be removed from the right-ofway and the roadway left in a neat and orderly condition.

(c) All roadside drainage ditches shall be restored to a true grade and the intake and outlet end of all culverts shall be left free from all excess material and debris.

(d) All approaches to private driveways and intersecting roads and streets shall be kept open to traffic at all times.

(e) Clay and earth which adhere to the paved surface of the roadway shall be removed by hand-scraping, washing and sweeping, or by any other method which will leave a clean nonskid surface without impairing, injuring or loosening the surface.

(f) All muck or mud resulting from water or any leaky condition shall be removed and the excavation backfilled with compactable material which is most effective.

(Code 1960, § 7222; Ord. No. 80-2, § 2, 2-4-80)

(a) The city shall deduct from any deposit made or maintained by the permittee:

(1) The permit issuance fee if it has not otherwise been paid.

(2) The cost to the city of refilling any excavation or removing any obstruction.

(3) The cost to the city of resurfacing or repairing the street calculated pursuant to the provisions of section 15-32 or section 15-34.

(4) The cost to the city of any additional repairs as provided in section 15-43.

(5) The cost of any inspection by the city engineer made necessary by the failure of the permittee to comply with any provisions of this chapter or the terms or conditions of the permit.

(6) The cost of engineering and inspection as prescribed in section 15-32(c).

(b) After making the deductions specified above, the city shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the city engineer and applied to issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this chapter, unless a written demand for the balance is made by the depositor, in which event, any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys.

(Code 1960, § 7223; Ord. No. 80-2, § 2, 2-4-80)

If any deposit is insufficient to pay all fees and costs provided for under this chapter, the permittee shall, upon demand, pay to the city engineer an amount equal to the deficiency.

(Code 1960, § 7224; Ord. No. 80-2, § 2, 2-4-80)

If a permittee, upon demand, fails to pay any deficiency as provided in section 15-49 or shall fail to pay any other costs due the city hereunder for which no deposit has been made, the city may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit under this chapter shall not thereafter be issued to such permittee.

(Code 1960, § 7225; Ord. No. 80-2, § 2, 2-4-80)

The permittee shall comply with the standard specifications of warning devices and shall acknowledge in writing the requirement that he do so at the time the permit is issued.

(Code 1960, § 7226; Ord. No. 80-2, § 2, 2-4-80)

Nothing in this chapter shall prohibit any person from making an excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the city engineer are first opened subsequent to the making of such excavation.

(Code 1960, § 7227; Ord. No. 80-2, § 2, 2-4-80)