El Centro Municipal Code Div. 1 Generally

The following definitions shall apply to this article:

Excavating a public area shall mean the breaking up, cutting, excavating, disturbing, undermining or opening of any public street, sidewalk, curb, alley, gutter, right-of-way, easement or public area.

Inspector shall mean any person employed by the city and empowered by the city director of public works to inspect improvements on city property, rights-of-way, easements and other areas designated by this article.

Public utility shall mean any person holding a franchise from the city or under the jurisdiction of the Public Utilities Commission and special districts functioning to provide public utility services.

Cross reference— Rules of construction and definitions generally, § 1-3.

All work done under the provisions of this article shall conform to city standards. The replacement of pavements and base materials shall be done under the supervision of an inspector. Should any dispute arise regarding conformance to specifications, such dispute shall be decided by the director of public works, and the decision of the latter shall be final and conclusive.

At the completion of the work described in the permit required by this article, the inspector shall examine the work and if the work has been done and completed to his satisfaction and approval, and all rubbish and debris removed, he shall give such person a certificate to that effect.

In the event that the work referred to in this article is not done and completed to the satisfaction and approval of the inspector, he shall give five (5) days' notice, excluding Saturdays, Sundays and holidays, of such dissatisfaction and disapproval to the permittee and if not corrected within three (3) days, then the inspector shall not issue a certificate of approval but shall at once proceed to have such excavation put into such condition as shall meet the city specifications. The director of public works shall certify such facts in writing for the city council and shall certify the expense thereof to the city attorney.

If the work performed by any person under this article is not done and completed to the satisfaction and approval of the director of public works, the deposit or bond made by such person at the time of filing written application shall be for the use of the city and as part payment for the damage thereby sustained by the city. The city attorney shall, upon direction of the city council, commence suit in the name of the city against such person for any 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.

Each person having received a certificate of approval pursuant to this article 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 at the completion of the warranty period.

Any excavating of a public area by, or on behalf of, the city shall be exempt from the provisions of this article. A minimum of one working day's notice to the city shall be required, except in emergencies. Conformance to all other provisions of this article and all other pertinent city requirements is mandatory.

Every public utility maintaining pipes, conduits, cables, or other equipment in the streets of the city shall file with the city engineer during the month of January of each year, a map indicating the size and location of each pipe, conduit, cable, or other equipment owned or maintained by such public utility in the streets of the city; provided, however, that after the public utility has in the first instance filed such map, it may thereafter in lieu of filing a new map each year, revise the map on file so as to show changes and extensions.

Cross reference— Sewers and sewage disposal, Ch. 22; water, Ch. 28.

Any person violating any of the provisions of this article shall be deemed guilty of an infraction.