Chapter 56 — STREETS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARTERIAL STREET. Any street identified as "minor arterial" in the current California Road System (CRS) Map. ASPHALT CONCRETE or AC. Blend of aggregate and asphalt binder meeting the specifications set forth in the City of Eureka Standard Specifications Section 02610, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."

CHIP SEAL. See the definition of SLURRY SEAL .

CITY. The City of Eureka, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.

CITY ENGINEER. The City Engineer of the city or his/her designee. CITY PROPERTY. Any real property vested in the city. DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city or his/her designee.

CITY STANDARDS. The City of Eureka's standard documents, including but not limited to plans, specifications, details and special provisions.

EASEMENT. Any right-of-way or easement for any public purpose vested in the city.

ENCROACH. Constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:

(1) Excavating or disturbing the public right-of-way;

(2) Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;

(3) Planting any tree, shrub, grass, or other growing thing within the public right-of-way;

(4) Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;

(5) Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;

(6) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.

ENGINEER. The City Engineer or their designee.

EXCAVATION. Any hole, cavity or trench made by excavating within the street right-of-way to access or install a utility line or ay related facility. All such excavations shall require an encroachment permit.

EXCAVATOR. The applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.

FACILITY. Any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.

MAJOR ARTERIAL STREET. Any street identified as "other principal arterial" in the current California Road System (CRS) Map.

MAJOR DEFECTS. Any defects greater than the deficiency tolerances specified in the City of Eureka Standards; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.

MICRO PAVING. See the definition of SLURRY SEAL .

MICRO SURFACING. See the definition of SLURRY SEAL .

PAVEMENT CONDITION INDEX (PCI). A numerical index between 0 and 100 which is used to indicate the general condition of a pavement according to ASTM standards.

PERMITTEE. Any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.

PERSON. Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Eureka or the city's officers, employees, or agents. PROHIBITION STREET. Streets that have been repaved within the last five years or had a preservative treatment such as micro-surfacing or slurry seal within the past three years, or any street with a Pavement Condition Index (PCI) of greater than or equal to 80.

PUBLIC RIGHT-OF-WAY. The area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

PUBLIC STREET. The full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system.

SLURRY SEAL. A mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Eureka Standards and the Caltrans Standard Specifications; usually less than ½ inches in thickness.

SPECIAL DISTRICT. Any agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.

STREET. Any public right-of-way or easement for street, road, alley, highway, lane, court, or other public access purposes vested in the city.

STREET OVERLAY. One or more courses of asphalt construction on an existing pavement; usually greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.

STRUCTURE. Any physical alteration or improvement below, on, or above the ground installed or constructed by man, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.

TIDELANDS. Any submerged lands in Humboldt Bay vested in the city.

UNDERGROUND UTILITY DISTRICT. Has the meaning set forth in § 52.01 of the Eureka Municipal Code.

UTILITY. Any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

WEARING SURFACE DEFECTS. The defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. 887-C.S., passed 8-6-19)

ENCROACHMENTS OF STREETS AND EASEMENTS

(A) It shall be unlawful for any person to excavate in or to construct, install, or maintain any improvement, structure, or encroachment in, on, over, or under any city property, tidelands, street or easement without first obtaining from the Director of Public Works a permit therefor, or to maintain the same without such permit or in violation of the terms or conditions thereof.

(B) Permits shall be issued by the Director of Public Works only upon receipt of a complete written application and payment of the required fees and deposits. Application shall be on forms provided by the city and shall include the following information unless waived by the City Engineer:

• (1) The name and residence of the applicant;

• (2) The location, purpose, and dimensions of the proposed excavation, construction, improvement, structure, or encroachment;

• (3) The name and address of the person who will perform the work; and

(4) Such additional information as the Director of Public Works may require based on the nature, scale, duration or potential impacts of the proposed work.

• (5) A current City of Eureka Business License.

• (6) Current evidence of insurance.

• (7) Twenty-four hour phone number and name for emergencies.

• (8) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Eureka.

• (9) If the project includes street excavations, plans indicating the following shall be submitted:

• (a) Name of the street to be excavated and the nearest cross street.

• (b) Distance of proposed excavation from the face of curb.

• (c) Distance of proposed excavation from the intersection.

• (d) The size of the excavation (length and width).

• (e) The location of any above ground facilities to be installed, showing:

1. Distance from curb and any street facilities/furnishings.

2. Purpose of the facility.

3. Size of the facility.

4. Location of doors and door swings.

• (f) The location of any existing underground facilities and the location of underground facilities to be installed showing:

1. Conduit vaults, maintenance holes, pipes, etc.

• (g) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.

• (h) The construction method of the structure to be installed.

• (i) Construction detail, location, size, design criteria and the purpose of the facility to be installed.

• (j) Cross section of a typical trench indicating:

1. The approximate depth of the facility to be installed.

2. Trench backfill material, depth, compaction and layer depths.

3. Pavement section detail (type and depths).

4. Plans, structural details, and trench cross section must be signed and stamped by a licensed Civil Engineer, when legally required.

• (10) A traffic control plan.

• (a) No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically approved for these hours.

(11) Estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.

(C) If the permittee damages other facilities during their work and additional work is needed beyond the scope of the original permit, the permittee will need an additional encroachment permit or amended permit at the discretion of the Engineer.

(D) The original permittee shall maintain and restore the site including any affected concrete, pavement, signage or striping to the satisfaction of the City Engineer.

(E) Except in an emergency, permits shall be obtained in advance of any work. An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days. In the event of an emergency, the person performing the work shall notify the City of Eureka and apply for an encroachment permit for "emergency work" within four hours after the City of Eureka's office opens.

(F) Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:

• (1) When work shall be performed.

• (2) When work shall be completed.

• (3) Date and time before which work shall not start.

• (G) Permits expire and become void, unless otherwise amended:

• (1) Sixty days after the start date, if no work has begun.

• (2) If the work is not diligently proceeding and there are delays of more than four working days after the work has started,

unless the delays are caused by weather or other circumstances beyond the permittee's control.

• (3) When the work, including the trench restoration, is completed or on the date specified on the permit as the expiration date.

• (4) When the insurance certificate for the permittee expires.

• (5) If the city receives notification that the permittee's insurance has been cancelled.

• (H) The work is determined to be proceeding diligently if:

• (1) After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.

(2) The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.

(I) A valid permit may be extended by requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. Proof of insurance through the extension period must be provided. The Engineer reserves the right to deny a request for extension.

(J) If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of any deposit or bond funds; all other permit fees are non-refundable.

• (K) To request a refund, a request must be submitted in writing to the City Engineer. The request shall include:

• (1) The reason for cancellation or withdrawal.

• (2) The permit number.

(L) By accepting an encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:

• (1) To follow all laws, rules, regulations, and permit conditions.

(2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and permit conditions.

(3) To indemnify the City of Eureka against all claims for personal injury or property damage that may arise in connection with the work.

(M) The encroachment permit shall be available during work periods at the project site, until the project is completed and approved by the Engineer. Permit(s) shall be shown to the City of Eureka employees upon request.

(N) The permittee shall provide notification to the public as required by the City Engineer when working within the public right-of-way. Required notice procedures may include posters, door hangers or other means of informing residents of the nature and duration of the work and to providing a point of contact for emergencies or complaints. (Ord. 887-C.S., passed 8-6-19)

The following regulations shall be applicable to permits issued pursuant to the provisions of this chapter:

(A) No permit shall be issued unless the use proposed is in the public interests and there will be no substantial injury to city property, tidelands, streets or easements or prolonged impairment of its use as a result thereof.

(B) The permit shall be revocable, and the right thereunder shall be subordinate to any prior right of the city to use the street or easement for public purposes. The permit shall be conditional upon the right of the city to require the permittee to relocate or

remove any structure or encroachment constructed, installed, or maintained thereunder at the permittee's expense where, in the opinion of the Director of Public Works, that action is reasonable and necessary to avoid a crossing conflict for the benefit of any public agency.

(C) The permit shall be conditioned upon all work performed thereunder conforming to City Standards.

(D) Encroachment permits are not valid if other required permits are not obtained or required notifications are not given.

(E) The Director of Public Works may require such surety bond or deposit of money as in his judgment is necessary to secure performance of the conditions of the permit and the requirements of this chapter.

(F) The Director of Public Works may, for reasons of city convenience, arrange to do the work of the restoration of city property, tideland or street surfaces at the expense of the permittee. If the permittee fails to refill any excavation or to restore the street or easement to its condition prior to the excavation, the Director of Public Works shall have the right to perform the work and to collect from the permittee in the name of the city the cost thereof.

(G) The Director of Public Works shall have the right to remove any structure or encroachment constructed, installed, or maintained in violation of the provisions of this chapter, and to restore the city property, tideland, street or easement to its condition prior to the excavation, construction, or installation, and to collect in the name of the city the cost thereof. (Ord. 887-C.S., passed 8-6-19)

(A) An excavation or encroachment may be made without first obtaining a permit for the repair or replacement of a facility previously installed or constructed only when necessary for the immediate protection or preservation of life or property, and provided the permit shall be obtained on the first business day thereafter, and further provided that the excavation or encroachment is made in a manner which fully protects the health, safety, and welfare of the general public.

(B) A public utility which holds a franchise issued by the city or state which authorizes the use of the city streets for infrastructure shall not be required to obtain a permit for routine maintenance operations in streets or easements. For the purpose of this section, routine maintenance shall be defined as isolated spot repairs which are not part of a larger coordinated project and are four square feet or four feet long, or smaller. This exception shall not relieve the permittee from notifying the city of the work being performed nor does it waive the right of the Director of Public Works to regulate the location of utilities and to resolve conflicts between the various users of the streets.

(C) The provisions of this chapter shall not be applicable to signs and other similar installations. (Ord. 887-C.S., passed 8-6-19)

(A) A fee schedule may be adopted by resolution of the Council establishing permit fees and inspection fees for the various types of excavations, installations, construction, and encroachments. The permit fee shall be paid at the time the application for the permit is filed, and the inspection fees shall be paid prior to the issuance of the permit. Permit fees represent the value of staff time in processing a permit application and are non-refundable.

(B) All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.

(C) If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.

(D) If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.

(E) The following persons shall be exempt from the payment of the permit and inspection fees:

(1) Every public district, public agency, or political subdivision having lawful authority to use the streets or easements of the city for the purposes proposed;

(2) Special assessment districts constructing public improvements under proceedings conducted by the Council;

(3) The city and its employees and officers while acting within the scope of their official duties; and

(4) Contractors acting under a specific contact with the city under which the entire cost of the proposed excavation, installation, or construction is borne by the city.

(Ord. 887-C.S., passed 8-6-19)

(A) The Director of Public Works may issue to any applicant a blanket permit for a series of excavations, installations, or encroachments of the same type and may prescribe a procedure for the payment of the fees therefor on a monthly or annual basis. The provisions of this section shall be broadly construed to reduce the administrative costs of both the applicants and the city.

(B) Applicants seeking blanket permits are encouraged to communicate planned excavations with the city, other utility owners and/or other applicants in an effort to coordinate project schedules and minimize impacts to the roadway and traveling public. (Ord. 887-C.S., passed 8-6-19)

(A) Any violation of this chapter may be enforced though administrative citation, as an infraction or misdemeanor, or by any remedy available to the city under this code or under state law.

• (1) Any fines shall be paid by the permittee prior to issuance of any additional permits for work in the City of Eureka.

(B) Suspension. Whenever the Engineer finds it necessary to suspend an encroachment permit to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The Engineer shall, within three working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within 15 days after service of such a written notice of suspension, file with the City Manager a written request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:

• (1) An order to correct any particular noncompliance.

• (2) A revocation of the encroachment permit.

• (3) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.

• (4) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.

• (C) The City Manager or his or her designee shall, within ten days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with § 39.01 of this Code.

• (D) Revocation. The Engineer may recommend that the City Manager revoke a permit where he or she finds that:

• (1) The permittee has violated any provision of this code or conditions of the permit;

• (2) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter;

• (3) The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the city's public right-of- way or increases the city's liability exposure;

• (4) The encroachment is causing the city to incur substantial additional maintenance costs; or

• (5) Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.

(E) The Engineer shall give the permittee at least ten days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this Chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit.

(F) The City Manager or his or her designee shall, within ten days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with § 39.01 of this code.

(Ord. 887-C.S., passed 8-6-19)

STREET OPENING AND PAVEMENT RESTORATION REGULATIONS

(A) The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.

(B) To achieve the purpose of this chapter, the City of Eureka shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a 12-month period.

(Ord. 887-C.S., passed 8-6-19)

(A) For streets having recently received new pavement consisting of at least a one-half inch thick layer of asphalt, the prohibition period shall be five years from the date of installation.

(B) For those streets with chip seal, slurry seal coating, or micro paving (or similar) with less than one-half inch of new pavement, the prohibition period shall be three years from the date of installation.

(C) For streets not sealed or paved within the last three to five years the prohibition period shall end when the PCI drops below 80 according to the city's most recent PCI survey/study.

• (D) Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in prohibition streets. Exceptions are as follows:

• (1) Emergencies that endanger life or property.

• (2) Interruption of essential utility service.

• (3) Work that is mandated by city, state, or federal law.

• (4) Service for buildings where no other reasonable means of providing service exists.

• (5) Situations in which no alternative course of action exists, as determined by the Engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.

(E) To excavate in a Prohibition Street a waiver must be obtained. Before issuing a permit for work in a Prohibition Street, the Engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method to avoid excavating a prohibition street whenever possible.

(F) To request a waiver, the applicant must submit a written request to the Engineer. The request shall accompany a completed application for an Encroachment Permit along with the following additional information:

• (1) The reason(s) the work was not performed before the street was paved.

• (2) The reason(s) the work cannot be deferred until after the prohibition period.

• (3) The reason(s) the work cannot be performed at another location.

• (4) The reason(s) it is justified to excavate the Prohibition Street.

• (Ord. 887-C.S., passed 8-6-19)

Any and all construction work within the public right-of-way shall require an encroachment permit in conformance with § 56.10. The contractor and all subcontractors performing the work shall apply for and obtain the permit.

(A) Every trench must be backfilled to the existing surface and shall include a minimum three inch layer of temporary cold asphalt concrete or covered by steel trench plates the same day.

(B) If backfilled, the trench shall be flush with the existing surface and include a minimum three inch layer of temporary cold mix asphalt concrete.

(C) If steel plates are used, the plates shall overlap the existing pavement by a minimum of 12 inch, secured against movement in any direction and shall be ramped to the elevation on the adjacent pavement. Temporary ramps shall be constructed of fine grained asphalt and shall have a maximum slope of 5.0% (1:20) with a minimum of 18 inches of taper to the plate edge.

(D) Steel plates may be required to be inset into the paved surface, made flush and restrained to avoid movement. This requirement shall apply to steel plates that will remain in place for more than 14 days in areas where the excavations are located within the vehicular travel lane, outside the travel lane but used for bicycle or pedestrian traffic or as directed by the City Engineer.

(E) The permittee is responsible for maintenance of the steel plates, shoring, asphalt concrete ramps, and ensuring that they meet minimum specifications.

(Ord. 887-C.S., passed 8-6-19)

All excavation and backfill shall be in conformance with the City Standards and Caltrans Standard Specifications Section 19 Earthwork.

(Ord. 887-C.S., passed 8-6-19)

(A) Asphalt pavement shall be placed in conformance with the City Standards and Caltrans Standard Specifications Section 39 Asphalt Concrete.

(B) Trenches shall be paved in accordance with the City of Eureka Standards and the following requirements:

(1) After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Eureka Standards, to a vertical face.

(2) The cut shall be a "T-Cut" according to City of Eureka Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated.

(3) To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made.

(4) Undamaged pavement of five feet or less between two damaged areas shall also be removed.

(5) "T-Cap" section shall be in accordance with the City of Eureka Standards and shall include a minimum of 1.5" of Asphalt Concrete Pavement.

(6) Projects which will result in more than 15% or more of the surface to be T-capped in any segment of roadway, shall require full lane width paving. Curb returns will be used as reference points for calculations and limits of paving and for these purposes, are included within the area of the intersections. The actual limits of paving however, will be determined by the City Engineer and may be extended to include projects which, begin or end mid-section or continue over multiple city blocks.

(C) Pavement shall be restored within 14 working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.

(D) For minor excavations such as service installations, the pavement shall be restored with in 30 working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.

(E) All damaged pavement markings and striping shall be replaced and restored by the permittee within 14 days of pavement restoration.

(Ord. 887-C.S., passed 8-6-19)

Any excavation in Prohibition Streets will be repaired with full lane width paving (paving from the center line to the edge of the lane) in accordance with § 56.35 Paving, except that the final asphalt concrete wearing surface shall be a minimum of 2.5" thick and shall be done by a paving machine or spreader box.

(Ord. 887-C.S., passed 8-6-19)

(A) Work not in compliance City Standards shall be rejected by the city and removed and redone by the permittee to the satisfaction of the Engineer.

(B) By obtaining an encroachment permit, the permittee expressly warranties all work to be free from defects for a period of one year after the permit expiration date. Should the trench repair fail within a year as determined by the City Engineer based on

City or Caltrans Standards, the permittee shall repair the affected area at the City Engineer's discretion.

(C) Defects may include wearing surface failure, trench settlement, pavement smoothness or surface fluctuations resulting in an increase in ponding. Repairs shall be in conformance with the City and Caltrans standards, based on the type and severity of defect, as determined by the City Engineer.

(D) When the City of Eureka determines that an excavation or defect is hazardous or constitutes a public nuisance or threat to public health, safety, or welfare, the Engineer may order the responsible party to remedy the condition immediately.

(E) If the responsible party refuses or fails to make the needed repairs immediately, the City of Eureka will make the repairs and:

(1) The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.

(2) The repair or restoration by the City of Eureka does not relieve the responsible party from liability for future pavement failures.

(3) If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.

(Ord. 887-C.S., passed 8-6-19)