Chapter 12.08 — EXCAVATIONS IN THE PUBLIC RIGHT-OF-WAY

Editor's note— Ord. No. 2013-05, § 1, adopted May 8, 2013, repealed and replaced ch. 12.08, §§ 12.08.010—12.08.100, in its entirety. Former ch. 12.08 pertained to excavations and encroachments and was derived from Ord. No. 2011-04, §§ 1, 2, adopted January 26, 2011.

State Law reference— Regional Notification Center System for protection of underground systems, Government Code § 4216 et seq.

The purpose of this chapter is the regulation of the use of the public right-of-way in the interest of public safety and convenience, and the operation of protection of public works infrastructure.

(Ord. No. 2013-05, § 1, 5-8-2013)

It shall be unlawful for any person to make or cause to be made any excavation in, along or under the surface of any street or other public place in the city or dig in, plow up, tear up, fill, cover, disturb or change any portion of the same or permit to be constructed, put upon, maintained or left therein any obstruction or impediment to travel, pile or place thereon any material or for any other purpose without first obtaining from the director an excavation permit in compliance with the requirements of this chapter. Any excavation for

which no permit is obtained and which does not fully comply with the requirements of this chapter shall constitute a nuisance and shall be subject to such enforcement actions and penalties as are set forth in this Code.

This provision shall not apply to any of the officers, employees or contractors of the city under the direction of the city departments or his or her authorized representative.

(Ord. No. 2013-05, § 1, 5-8-2013)

For purpose of this chapter, the following terms shall have the following meanings:

Applicant shall be the person applying for an excavation permit, as well as a person owning the facility or installation for which the excavation will be made.

City shall mean the city of Eastvale.

Department shall mean the public works department.

Deposit shall mean any bond, cash deposit, or other security provided by the applicant in accordance with section 12.08.280.

Director shall mean the director of public works department or his or her designee.

Excavation shall mean any work in the surface or subsurface of the public right-of-way, including, servicing, repairing or modifying any facility(ies) in or under the surface or subsurface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way.

Facility or facilities shall include, but not be limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right-of-way.

Major work shall mean any reasonably foreseeable excavation that will affect the public right-of-way for more than 15 consecutive calendar days.

Moratorium street shall mean any street that has been reconstructed, or resurfaced by the department or any other owner or person in the preceding five-year period.

Owner shall mean any person, including the city, who owns any facility or facilities or facilities that are or are proposed to be installed or maintained in the public right-of-way.

Permit or permit to excavate shall mean a permit to perform an excavation as it has been approved, amended, or renewed by the department.

Permittee shall mean the applicant to whom a permit to excavate has been granted by the department in accordance with this chapter.

Person shall mean any individual, agency or other public or private entity, firm, business, franchisee, contractor, corporation, partnership or other combination of individuals of whatever form or character, excepting the city or a contractor performing work for the city.

Public right-of-way shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets, and ways within the city, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the public works department.

Utility company shall mean a public or private entity, excluding the city, which provides utility services including, but not limited to, electricity, gas, sewer, water and communications.

(Ord. No. 2013-05, § 1, 5-8-2013)

Before issuing an excavation permit, the director shall require a written application on a form furnished by the director, setting forth:

(1)

The name and residence or business address of the applicant;

(2)

The location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes;

(3)

The purpose of the excavation;

(4)

The proposed start date of excavation and the length of time which will be required to complete such work, backfill the excavation and remove all obstructions, material and debris.;

(5)

A current business registration issued by the city;

(6)

Evidence of insurance as required by this section;

(7)

A traffic control plan to be approved by the director;

(8)

The applicant shall attach to the application form a scaled plan per director's requirements showing the location of the proposed excavation, the method of excavation, the facilities to be installed, to be maintained or repaired in connection with excavation, the dimensions thereof, and any other details the director may require. The director may establish different requirements for blanket permits issued under section 12.08.180;

(9)

At the time an application for an excavation permit is submitted, the applicant shall pay a nonrefundable fee in an amount established by resolution of the city council to defray the city's costs to administer the provisions of this chapter, including inspections;

(10)

Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of the director;

(11)

The applicant shall show to the satisfaction of the director a right to use and occupy, for the purpose mentioned in the application, the street or other public place wherein the excavation is proposed to be made. The director may modify the time specified for the completion of the work, the backfilling of the excavation and the removal of all obstructions, materials and debris and make such changes in the application as to the nature, location, size and depth of such excavation as the director may deem necessary for the protection of the street, or other public place wherein such excavation is to be made, or are in the director's judgment necessary for the proposed purpose thereof, and may make such changes as to the location, size and character of obstructions to be placed in any street or other public place as in the director's judgment are necessary to prevent undue interference with traffic or danger to the safety of persons using the same.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

Upon receiving a written application for an excavation permit and plan, the director shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only excavation made pursuant to section 12.08.170 ("emergency excavations"), and section 12.08.180 ("blanket permits"), at least one working day prior to the start of work, the applicant shall telephone the engineering section of public works and request a permit number, informing city the date the work will commence. Upon approval, a permit number shall then be assigned to the job and a permit shall be sent to the applicant.

(b)

No permit shall be transferable. A permit shall be automatically cancelled unless the excavation to be made pursuant thereto is commenced within 30 working days from the date of its issuance unless a request for extension is made and approved by the director.

(c)

Each permit shall state a time period for completion of all the work to be done thereunder. After said date, the permit shall be void unless the director has granted an extension of time for good cause.

(d)

No person in violation of any requirement of this chapter shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.

(Ord. No. 2013-05, § 1, 5-8-2013)

The permit or a photo duplicate shall be available for review at the site of the excavation for the duration of the excavation and shall be shown, upon request, to any police officer or any employee of the city with jurisdictional responsibility over activities in the public right-of-way.

(Ord. No. 2013-05, § 1, 5-8-2013)

The permittee shall be responsible to comply with all current federal, state and local safety regulations and requirements and all federal and state disability laws including those requiring an accessible path of travel.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

It shall be unlawful for any person to make or cause to be made any excavation or to install or cause to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility appliance in or under the surface of any public street, alley, sidewalk or other public place at any location, other than that described in the application for the excavation permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may, but is not required to, grant a waiver to take the circumstances into account.

(b)

Failure to comply with requirements set forth in this chapter or on any permit shall be cause for revocation of the permit until the violations have been corrected or alternative requirements have been approved by

the director.

(Ord. No. 2013-05, § 1, 5-8-2013)

Restoration of the asphalt pavement, traffic loops, pavement markings, legends and stripes of any street, alley or other public place shall be completed by permittee. Nothing in this section shall relieve the person opening or tearing up any pavement from the responsibility to maintain the excavation or installation in a safe condition until it is repaved or otherwise restored. No permittee shall make any excavations or construct, put upon, maintain or leave any obstruction or impediment to travel or pile or place any material in or upon any street, alley or other public place in the city at any location other than or in any area greater than that shown in the permit issued under this chapter.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than 400 feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained.

(b)

Each permittee shall cover open excavation with non-skid surface steel plates ramped to the elevation of the contiguous street, pavement or other public right-of-way or otherwise protected in accordance with guidelines prescribed by the department.

(c)

All excavations shall comply with the standards and requirements established by the director for compaction, backfill and pavement restoration. The standards and requirements may impose different requirements for different excavations, taking into consideration relevant factors, such as:

(1)

The location, type and extent of excavation performed;

(2)

The condition of the surface being excavated;

(3)

The period of time elapsed since the construction or most recent resurfacing of the surface being excavated; and

(4)

The average daily traffic volume and truck volume.

Permanent pavement restoration shall be completed no later than two weeks after the trench is backfilled; provided, however, that that the director may grant an extension depending on the complexity of the work and testing which is demonstrated to be necessary to get the utility in service.

(d)

The old torn up pavements and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the director. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.

(e)

Whenever any caving in the sidewalls of any excavation, the pavements above such caving shall be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping.

(Ord. No. 2013-05, § 1, 5-8-2013)

In every case and at all times the work of removing from the streets all obstructions, surplus materials, debris, graffiti and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the permittee and shall be performed in a manner deemed satisfactory to the director. Excavation sites shall be cleaned at the completion of each workday. In addition, the permittee shall remove all excavated material from the site of the excavation no later than the end of each workday.

(Ord. No. 2013-05, § 1, 5-8-2013)

Each permittee that excavates or causes to be made an excavation in the public right-of-way shall be responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition acceptable to the director until such time as the public right-of-way is reconstructed, repaved, or resurfaced by the department.

(Ord. No. 2013-05, § 1, 5-8-2013)

In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the director shall exercise his or her best judgment to determine the person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The director shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction

of the director within five working days of the notification. The director may extend the time for the responsible party to repair or restore the affected public right-of-way.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the director's notice as set forth in section 12.08.130, the director may repair or restore, or cause to be repaired or restored, such condition in such manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall reimburse the city, or have the deposit deducted pursuant to section 12.08.280 by the city for any costs associated with the administration, construction, consultants, equipment, notification, remediation, repair, restoration, or any other actual costs incurred by the city that were made necessary by reason of the repair or restoration undertaken by the department. The director shall revoke the applicant's permit and may only reissue the permit or any future permits after all repair work done by the city has been reimbursed. The director's determination as to the cost of the repair or restoration performed shall be final.

(b)

Any repair or restoration by the department in accordance with this section shall not relieve the person(s) from liability for future pavement failures at the site of the repair or restoration.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

If, in the judgment of the director, the site of an excavation is considered hazardous or if it constitutes a public nuisance, public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the director may order the condition remedied by a written, electronic, or facsimile communication to the person(s) responsible, if any, for remedying the condition and shall designate such person as the responsible party.

(b)

If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication, the director may remedy the condition or cause the condition to be remedied in such manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall reimburse the city for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the department that were made necessary by reason of the emergency remediation undertaken by the department. The director shall revoke the applicant's permit and may only reissue the permit or future permits after all repair work done by the city has been reimbursed. The director's determination as the cost of any remediation performed shall be final.

(c)

Any remediation by the department in accordance with this section shall not relieve the person(s) from liability for future pavement failures at the site of the remediation.

(Ord. No. 2013-05, § 1, 5-8-2013)

Nothing in this chapter shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, alley, sidewalk, or other public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within one-day after the offices of the city are first opened subsequent to the excavation. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter.

Nothing contained in this chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by a municipal or utility excavator when such necessity, arises during days or times when the department is closed. In the event that any person takes any action to excavate or cause to be excavated the public right- of-way pursuant to this section, such person shall apply for an emergency permit within 24 hours after the department's offices first opened. The applicant for an emergency permit shall submit a written statement the basis of the emergency action and describe the excavation performed and work remaining to be performed.

(Ord. No. 2013-05, § 1, 5-8-2013)

The director may issue blanket permits to any person to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section, or in accordance with the terms and conditions set forth in any utility franchise ordinance agreement. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter unless otherwise stated in the utility franchise ordinance agreement.

(Ord. No. 2013-05, § 1, 5-8-2013)

Pursuant to the protections of the state tort claims act, neither the city nor any officer, agent, employee or volunteer thereof shall be held responsible for any damages caused by any excavations or encroachment in any street, alley, sidewalk or other public place made by any person under the authority of a permit issued pursuant to the provisions of this chapter. The permittee shall be solely liable for any damage or loss occasioned by any act or omission occurring in connection with excavation, and shall fully indemnify, hold harmless and defend city, its officers, agents, employees or volunteers from and against any and all suits,

actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers, agents, employees or volunteers may be subjected to for injury of any type, death or property damage arising from or connected with any such act or omission whether or not caused in part by the passive negligence of the city. The city shall promptly notify permittee, at the address set forth in the permit, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee in connection with an excavation.

(Ord. No. 2013-05, § 1, 5-8-2013)

In accordance with state law, any person excavating in the public right-of-way shall comply with the requirements of the underground service alert ("USA") regarding notification of excavation and marking of subsurface facilities. Such person shall provide USA with the assigned number for the permit to excavate or other information as may be necessary to properly identify the proposed excavation.

(Ord. No. 2013-05, § 1, 5-8-2013)

Whenever any facility is abandoned in the public right-of-way, the person owning, using, controlling or having an interest therein, shall, within 30 calendar days after such abandonment, file in the office of the director a statement in writing, giving in detail the location of the facility or facilities so abandoned. Each map, set of maps, or plans filed shall show in detail the location of each such facility or facilities abandoned subsequent to the filing of the last preceding map, set of maps, or plans. The maps or plans shall be a scaled drawing submitted in digital format on Mylar and on blueprint.

(Ord. No. 2013-05, § 1, 5-8-2013)

Each visible facility installed in the public right-of-way shall be clearly identified with the owner of the facility. The department shall adopt orders or regulations to specify other appropriate methods for identification.

(Ord. No. 2013-05, § 1, 5-8-2013)

In undertaking enforcement of this chapter, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers, agents, employees and volunteers an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

All utility installations permitted under this chapter shall, upon demand of the director, be relocated or lowered if required by the city to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating, lowering lines, pot-holing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee.

(b)

Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall furnish record drawings of the installation showing a correct plan view to scale, details and profile showing the locations of all elements of the installation based on data obtained in the field during construction. The record drawings shall be submitted in digital format, on Mylar and on blue print.

(c)

Private parties and non-public utilities shall comply with the following additional requirements:

(1)

Permittee shall take out, pay for and maintain during the period in which the permit is in effect, a policy of public liability and property damage insurance protecting permittee, permittee's agents and employees against any liability, injury or death sustained or suffered by the public or damage to the property of the public by reason of the work carried on under the permit. The public liability insurance shall be for the limits of at least $300,000.00 for injury to one and $500,000.00 for injury to more than one person, and the property damage insurance limit shall be at least $100,000.00. The insurance shall be placed with a company satisfactory to the risk management division of city, prior to the date that work under the permit is commenced. The policy or policies of insurance shall name the city, its officers, agents, employees and volunteers as additional insured and shall contain an endorsement precluding cancellation or reduction in coverage without giving the director at least 30 days written notice prior thereto.

(2)

If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the risk management division a corporate surety bond or other security approved by the risk management division in the amount specified on the face of the permit, said bond or other security to fully assure the performance by permittee of all obligations imposed upon permittee under the provisions of the permit and this chapter.

(Ord. No. 2013-05, § 1, 5-8-2013)

(a)

Five-year plans.

(1)

On the first day of April and October, or the first regular business day immediately thereafter, each utility excavator shall prepare and submit to the department a plan, in a format specified by the department, that shows all major work anticipated to be done in the public right-of-way in the next five years, any utility excavator that does not propose major work in the next five years shall submit a plan with a statement that no such major work is anticipated and shall immediately report any major work to the department as soon as it becomes reasonably foreseeable.

(2)

The department may disclose information contained in a five-year plan to any utility excavator only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary excavation in city streets. To the maximum extent permissible under federal, state, and local laws applicable to public records, the city shall not otherwise disclose to the public any information contained in a five-year plan submitted by a utility excavator that proprietary, trade secret or is otherwise protected from disclosure; provided, however that the city shall have no duty to decline to disclose any information that the utility excavator has not identified on its face as proprietary, trade secret or otherwise protected from disclosure. The department shall notify a utility excavator of request for inspection of public records that calls for disclosure of any five-year plan on which any information has been identified as proprietary, trade secret or protected from disclosure. The department shall consult with the city attorney regarding any such request and shall inform the affected utility excavator either that the department will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the department intends to disclose the requested information unless ordered otherwise by a court.

(b)

Department resurfacing plans.

(1)

The department shall prepare a five-year resurfacing plan showing all proposed resurfacing and reconstruction of the public right-of-way. The department's resurfacing plan shall be revised and updated at least on an annual basis after receipt of the five-year plans from utility excavators. In order to facilitate coordination and minimize the cost of excavation, the department shall make its resurfacing plan available for public improvements.

(2)

Except when waived by the director, at least 180 calendar days prior to undertaking the resurfacing and reconstruction of any street, the department shall send a notice of the proposed repaving and reconstruction to each utility and municipal excavator.

(c)

Coordination. The department shall review the five-year plans and identify conflicts and opportunities for coordination of excavations, the department shall notify affected owners and permittees of such conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each applicant shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize

disruption in the public right-of-way. Quarterly meetings shall be conducted between the department and the utility companies to coordinate the city's repaving schedule and street excavations.

(Ord. No. 2013-05, § 1, 5-8-2013)

The department shall not issue any permit to excavate in any moratorium street. Utilities shall determine alternate methods of making necessary repairs to avoid excavating newly paved streets. Exceptions to the above are as follows:

(1)

Emergency which endangers life or property or public health.

(2)

Interruption of essential utility service.

(3)

Work that is mandated by city, state, or federal legislation.

(4)

Service for buildings where no other reasonable means of providing service exists.

All permits which are issued under subsections (1)—(4) shall be in accordance with the details and specifications used and established by the director.

(Ord. No. 2013-05, § 1, 5-8-2013)

Editor's note— Ord. No. 2014-09, § 2, adopted September 10, 2014, repealed § 12.08.270 in its entirety. Former § 12.08.270 pertained to tree removal and was derived from Ord. No. 2013-05, § 1, 5-8-2013.

Each applicant shall submit and maintain with the department a bond, cash deposit, or other security acceptable to the department securing the faithful performance of the obligations of the owner and applicant under any permit(s) to excavate and the compliance with all terms and conditions of this section (the "deposit"). The deposit shall be in the sum determined by the director in favor of the city, utility excavators and other frequent applicants may submit a single deposit for multiple excavations so long as a constant balance is maintained on filewith the department. If the director has deducted from such a deposit pursuant to section 12.08.150, the utility or other frequent applicant must restore the full amount of the deposit prior to the department's issuance of a subsequent permit.

(Ord. No. 2013-05, § 1, 5-8-2013)

Any permittee who excavates or causes to be made an excavation in the public right-of-way shall provide notice as follows:

(1)

Three to 14-day excavations. For excavations that will be completed and restored in a period exceeding 72 hours but within 14 calendar days of commencement, the permittee shall post and maintain notice at the site of the excavation. The notice shall include the name, telephone number, and address of the owner and permittee, a description of the excavation to be performed and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place at least 72 hours prior to commencement of the excavation.

(2)

Notice for major work.

a.

At least ten calendar days prior to commencement of the excavation, the permittee shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest city-wide assessor's roll for names and addresses of owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection and the name, address, and 24-hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation.

b.

The permittee shall post and maintain notice at the site of the excavation at least ten calendar days prior to the commencement of the excavation in the same manner and with the same information as required for posted notice pursuant to subsection (2)a. At least ten calendar days prior to commencement of the excavation, the permittee also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to this subsection.

c.

Before commencement of construction, a permittee for major work shall post and maintain excavation project signs at the site of the excavation that describe the excavation being done and bear the name, address, and 24-hour telephone number of a contact person for the owner and permittee. Said excavation project signs shall be in format, quantity, and size specified by the department.

(3)

Notice for emergency excavation. For emergency excavation, the permittee, or the applicant if a permit has not been issued, shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of the owner and permittee, a

description of the excavation to be performed, and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place.

(Ord. No. 2013-05, § 1, 5-8-2013)

Violation of the terms, conditions and requirements of this chapter and any permit issued pursuant to this chapter by the permit holder shall subject the permit holder to the following actions and penalties:

(1)

Administrative penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.

a.

Notwithstanding any contrary provision of this chapter, each day a violation of the following chapter provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:

b.

If a person commences any work in a street, alley, or easement for which a permit is required by this chapter before obtaining all required permits, he or she shall pay, in addition to the permit fees required to be paid, a penalty in an amount equal to the permit fee for the work which was unlawfully commenced, not to exceed $1,000.00. Such penalty shall be in addition to any other penalty or restitution otherwise provided by this Code or under the law. Violations of a specific section of this this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.

c.

In addition to the aforementioned penalties, the city may withhold issuance of permits for encroachment or excavation in a city street to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two-year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple

administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.

(2)

Imposition of the administrative penalties. The administrative penalty order shall be imposed in accordance with the provisions of chapter 8.17.

(3)

All other remedies available to the city including, but not limited to, criminal and civil proceedings.

(Ord. No. 2013-05, § 1, 5-8-2013; Ord. No. 2020-01, § 1, 2-26-2020; Ord. No. 23-15, § 1, 2-8-2023)