Daly City Municipal Code Ch. 12.04 Excavations

The following definitions shall apply to this chapter:

A. "Persons" means any person, firm, association, organization, partnership, business, trust, corporation or company.

B. "Public utility" means any person holding a franchise from the city, or under the jurisdiction of the Public Utilities Commission.

(Ord. 762 § 2 (part), 1973: prior code § 25-30)

No person shall in any manner, or for any purpose, break up, cut, excavate, disturb or undermine any public street, sidewalk, curb, right-of-way or public utility area or easement, without first having secured a written permit therefor as provided in this chapter, except that a public utility may proceed to do emergency repairs and secure the necessary permit during the next regular working day.

(Ord. 762 § 2 (part), 1973: prior code § 25-31)

Any person desirous of breaking up, cutting, excavating, disturbing or undermining any public street, sidewalk, curb, right-of-way or public utility area or easement for any lawful purpose, shall first file application therefor with the department of public works and deposit with the city, a sum pursuant to the schedule of fees to be established by the city council by resolution. The city shall thereupon give such person a receipt for the sum so deposited by him, specifying therein the place of excavation, the work to be done, and the date the work will be done. Such receipt shall be the authority for such person to proceed with the work therein described.

(Ord. 762 § 2 (part), 1973: prior code § 25-32)

(Ord. No. 1366, § 1, 3-25-2013)

A person doing work may, in lieu of the deposit required in Section 12.04.030, deposit and maintain a bond in an amount equal to the cash deposit. A single bond may be maintained for all work done within the city. The bond shall be not less than the aggregate amount required of all work not accepted as complete or five thousand dollars, whichever is greater. The form of the bond for faithful performance shall be such that the city may proceed against the permit holder and his sureties on the bonds immediately upon any default in payments for labor, materials and/or supplies, without waiting for the completion of work and the accumulation of damages.

(Ord. 762 § 2 (part), 1973: prior code § 25-33)

Every applicant for the permit mentioned in this chapter in addition to the nonrefundable fees or bond required to be deposited with the city, shall, at the time of making application, pay to the city a nonrefundable fee, to be established by the city council by resolution. Such sum shall be retained by the city for services rendered in the issuance of such permit. All sums so received shall be deposited in the general fund of the city.

(Ord. 882 § 2, 1978; Ord. 762 § 2 (part), 1973: prior code § 25-34)

Any person having first secured the permit required by this chapter, shall, within the time designated on the permit, or such additional time thereafter as may be granted, do and complete the work described in such permit, using all proper and necessary precautions and safeguards in doing such work, all of which shall be done and performed to the satisfaction and approval of the department of public works.

(Ord. 762 § 2 (part), 1973: prior code § 25-35)

At the completion of the work described in the permit required by this chapter, the department of public works shall examine the work and if the work has been done and completed to its satisfaction and approval, and all rubbish and debris removed, it shall give such person a certificate to that effect.

(Ord. 762 § 2 (part), 1973: prior code § 25-36)

In the event that the work referred to in this chapter is not done and completed to the satisfaction and approval of the department of public works, it shall give three days' notice, excluding Saturdays and Sundays, of said dissatisfaction and disapproval to the permittee and if not corrected within said three days, then the department of public works shall not issue a certificate of approval but shall at once proceed to have said sidewalks, street, curb, right-of-way or public utility area or easement put into such condition as shall meet with its approval. The city engineer shall certify such facts in written form to the city council and shall certify the expense thereof to the city attorney.

(Ord. 762 § 2 (part), 1973: prior code § 25-37)

After work performed by any person under this chapter is not done and completed to the satisfaction and approval of the department of public works, the deposit or bond made by such person at the time of filing written application shall be for use of the city and as part payment for the damage thereby sustained by the city. The city attorney shall then, upon direction of the city council, commence suit in the name of the city against such person for the additional damage which the city may have sustained by reason of the incomplete doing of such work, including cost of engineering, attorney and court costs properly attributable.

(Ord. 762 § 2 (part), 1973: prior code § 25-38)

Each person having received a certificate of approval pursuant to this chapter shall be paid the amount of cash deposit to which he is entitled, or be allowed to withdraw the bond on deposit with the city covering the work of the permit.

(Ord. 762 § 2 (part), 1973: prior code § 25-39)