Del Rey Oaks Municipal Code Ch. 12.08 Excavations and Encroachments

It is unlawful for any person, firm or corporation, to make any excavation in or under the surface of any street, alley, sidewalk, public way, or public place in the city without first obtaining a permit so to do from the building inspector of the city, and depositing with the building inspector upon receipt of such permit, a cash deposit to defray the cost of restoring the surface of the street, alley, sidewalk, public way or public place, as the case may be, to its former condition as nearly as practicable; provided, however, that any public utility company need not make such deposit but shall be billed monthly for the cost of any such restoration.

(Prior code § 10-201)

A. The application for the permit herein required shall be in writing, and addressed to and filed with the building inspector. It shall state clearly the nature, extent and location of the excavation proposed to be made, and the purpose for which the same is to be made. When the applicant has complied with this chapter, the building inspector shall issue the permit applied for, and deliver the same to the applicant therefor, or his duly authorized agent. Such permit shall set forth the time for the completion of the work of refilling the same and/or the restoring of the surface of the excavation to its former condition. The time for such commencement and such completion may be extended by the city council only upon good cause shown for such extension.

B. The applicant for such excavation shall forfeit to the city as liquidated damages the sum of $10.00 per day for each day such work of refilling remains uncompleted beyond the period for such completion fixed by the building inspector, or as extended by the city council, and the city attorney of the city shall institute the necessary legal proceedings in a court of competent jurisdiction for the collection of such damages, and prosecute the same to completion.

(Prior code § 10-202)

All applicants for a street opening permit shall pay to the city as provided in Section 12.08.010, sufficient moneys to defray the cost of resurfacing such excavations as determined by resolution of the city council.

(Ord. 233 § 11, 1995: prior code § 10-204)

It shall be the duty of the building inspector to report all street opening permits to the city clerk and the city council monthly, and to deposit with the city council all cash deposits made under this chapter.

(Prior code § 10-205)

A. All excavations, refillings and resurfacing shall be made under the supervision and to the satisfaction of the city engineer of the city, and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements.

B. All such excavations shall be refilled by the applicant under the direction of the city engineer and resurfaced by the city; provided, however, that the applicant may, upon the written approval of the city engineer and the city council, resurface such excavations, said work to be done to the satisfaction of the city engineer.

(Prior code §§ 10-203, 10-206)

It shall be the duty of the applicant for an excavation permit in receipt of the same to make such excavation in such manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the city engineer be necessary. Suitable barriers shall be constructed about the excavation for the prevention of accidents, and adequate lights shall be continuously maintained thereon, from the period of sunset to sunrise.

(Prior code § 10-207)

The encroachment upon or obstruction in or to the sidewalk, street, alley, lane, court, park, curb, gutter, or other public place in the city is prohibited and declared to be a nuisance and the superintendent of streets is authorized, in the event of the failure to remove said obstruction within a period of 30 days from written notice of such obstruction, to summarily abate the same and the expense of such abatement shall constitute a lien against the property upon which it is maintained and a personal obligation of the property owner.

(Prior code § 10-406)