Fontana Municipal Code Div. 1 Generally

If, at any time during the progress of any work performed under any permit issued in accordance with the provisions of this article, the work is not being done in accordance with the terms and conditions set forth in this article or in accordance with the rules and regulations relating thereto and adopted by the city council for the protection of the health, safety and welfare of persons and property using the public streets of the city, or if the work is being done without a valid existing permit therefor, the street superintendent is authorized to immediately stop any and all such work and to require the work to be done properly and in accordance with all the provisions of this article. If a person responsible therefor shall fail or refuse to immediately correct the work, the street superintendent shall be and is hereby empowered and authorized to stop the work permanently or to take over under the circumstances, and either proceed to do the work or have the work done by qualified persons, all at the cost and expense of the party responsible.

(Code 1968, § 27-20)

Inasmuch as the work intended to be done under the provisions of this article is to be done upon public streets and highways and thereby may endanger the safety, welfare and health of persons and property thereupon, the city council shall adopt from time to time by resolution pertinent rules and regulations relating to such work, and all such work done under any permit so issued or work done after notice given or otherwise as provided in this article shall be done in accordance with any and all such rules and regulations relating thereto. Copies of all such rules and regulations shall be on file with the street superintendent, and a copy shall be delivered with any and all such permits upon request. There shall be included in any and all such regulations a schedule of filing fees and other fees and charges for items mentioned in this article.

(Code 1968, § 27-21)

(a) Any person who shall violate any of the provisions of this article, or who shall maintain, place or attempt to place upon any public, street, road or highway within the city any of the things, structures or contrivances set forth in this article without first having obtained a written permit so to do from the street superintendent, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-7.

(b) The punishment for violation of the provisions of this article shall be cumulative and in addition to any other remedies set up in this article, and the enforcement of the penal provisions of this section shall not constitute a bar to the exercise by the city of all other powers conferred upon it by this article; nor shall the exercise by the city of the powers conferred upon it by this article constitute a bar to criminal prosecution for violations of the provisions of this article.

(Ord. No. 997, § 1(27-25.1), 12-18-90)

(a) A permittee under this article shall expose all public and private utility facilities, including sewers, storm drains, gas mains, water mains, telephone, fiber optic and electrical conduits and other utility obstructions, sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary. The permittee shall pursue the work with care and caution so as to not damage any existing utility.

(b) If in the process of the work the permittee damages any public or private utility, the owner of such utility may come on the job and make the necessary repair and file a claim against the permittee, notifying the city of the cost of such repairs.

(Code 1968, § 27-22; Ord. No. 1495, § 1, 12-20-05)

(a) The doing of any work under or by authority of a permit issued under the provisions of this article shall institute an acceptance of all the provisions of this article by the permittee.

(b) All work, including refilling and repairing of the excavation, shall be planned and prosecuted with due diligence in a manner so as not to obstruct the street, road or highway more than is actually necessary.

(c) Where excavations have been made, the permittee shall replace the highway as required by street superintendent. In emergency excavations permittee shall repair as required by street superintendent.

(d) After any excavation or cut has been accomplished for the purpose intended, the work of refilling the excavation or cut shall be completed as soon as reasonably possible. Where excavations or cuts have been made in paved, improved or traveled sections of roadways, the backfill material shall be replaced in a manner that will provide density equal to or more than that of the soil prior to excavation before the pavement or other improved surface is replaced.

(e) The street surface excavated and damaged shall be replaced by the permittee as required by the city standard plans and specification or as required by street superintendent, and shall be maintained for a minimum of one year or as specified in the construction permit after the completion of the work performed under the permit, during which maintenance period the permittee shall repair and make good any injury or damage to any portion of the public street, road, highway or sidewalk which occurs as a result of work done under the permit, including any and all injury or damage to the street, road, highway or sidewalk which would not have occurred had such work not been done.

(Code 1968, § 27-23; Ord. No. 1495, § 2, 12-20-05)

(a) No person shall make any excavation within public right of way or public easement without maintaining safe crossings for vehicle traffic at all street intersections, alleys and private driveways and also safe crossings for pedestrians at intervals of not more than 500 feet, and in any event at least one safe crossing shall be maintained at all times for vehicles and pedestrians.

(b) There also shall be provided and maintained free access at all times to all public and private utilities such as fire hydrants, water gates and gas valves.

(c) It shall be the duty of every person cutting or making any excavations in, above, on or under any public street, highway or sidewalk to take reasonable precautions to place and maintain temporary traffic control. The temporary traffic control shall be placed as approved by the street superintendent and as referenced in the Work Area Traffic Control Handbook "WATCH MANUAL" or the Manual on Uniform Traffic Control Devices, California Supplement "MUTCD."

(d) In all cases where the structures, things and contrivances governed by this article are being constructed, built or placed upon a public street, road, highway or sidewalk, including wires and cables being stretched above and across the street, road, highway or sidewalk, the permittee shall provide equivalent safeguards to the traveling public as specified and set forth for excavations or cuts. If any work performed under the provisions of this article interferes with the established drainage system of any public street or highway, provisions shall be made by the permittee to provide proper drainage to the satisfaction of the street superintendent.

(e) If any of the temporary traffic control described in this section is not installed or maintained by the permittee when required by the street superintendent, or in any event if required by an emergency, the street superintendent is authorized to install any or all of such traffic control and charge the permittee for all costs incurred in the installation.

(Code 1968, § 27-24; Ord. No. 1495, § 3, 12-20-05)

Any person being issued a permit to do work under the provisions of this article shall hold the city and its street superintendent free and harmless from any and all liability of every nature whatsoever connected directly or indirectly with any such work, and shall complete such work, including filling, to the satisfaction of and without cost to the city, and the deposits and bonds to guarantee completion of the work and the liability policy or cash in lieu thereof as provided for in this article shall be issued to guarantee the city and its street superintendent against such loss or liability. If the deposit or policies are not sufficient in amount to protect the city and the street superintendent therefrom, then the party responsible shall reimburse the city immediately upon demand therefor for any and all other loss incurred, including reasonable attorney's fees, that it may suffer by reason thereof in excess of such guarantee, and the city shall be and is hereby authorized to proceed directly against any party responsible therefor without the necessity of first proceeding against any such guaranty bond, surety or deposit.

(Code 1968, § 27-25)

(a) No person shall open or remove the cover of any manhole, vault or structure in any city street, alley, sidewalk or public place, or allow any manhole to remain open in or upon any city street, alley, sidewalk or public place, without first placing and at all times maintaining, temporary traffic control required to protect the work area. The traffic control shall conform to the requirements outlined in the "Work Area Protection and Traffic Control Manual" or the "WATCH MANUAL" or the Manual on Uniform Traffic Control Devices, California Supplement "MUTCD," a copy of which is on file in the office of the street superintendent and is available for public inspection.

(b) The owners of any manholes, vaults or other structures located in or upon any city street, alley, sidewalk or other public place shall, within 30 days after the date of receiving notice from the street superintendent that a change has been made in the elevation of the street surface wherein their manhole or structure is located, either raise or lower the manhole or structure to conform to the latest existing elevation of the street surface, at their own expense.

(Code 1968, § 27-26; Ord. No. 1495, § 4, 12-20-05)

(a) Every person owning, controlling or having an interest in any tank, pipe, conduit or tunnel on or under the surface of any street or sidewalk for supplying or conveying gas, gasoline, electricity or telephone wires, water, steam, ammonia or oil in, to or from the city or from its inhabitants or for any other purpose shall file in the office of the city engineer, within 20 days after the completed installation of any tank, pipe, conduit, duct, main, manhole, handhole, chamber or other appliance, except a service or service pipe installed beneath the surface of the street or sidewalk, or in case of a corporation each year on or before January 15, a corrected set of maps or atlas sheets, drawn to a minimum scale of 100 feet to one inch, showing the completed installation of all such underground tanks, pipes and other such underground improvements. Such maps shall become the property of the city.

(b) No person shall make any excavation or install, maintain or have any interest in any tank, pipe, conduit, duct or tunnel on or under the surface of any street or sidewalk at any location other than that described in the application and shown on the plats filed by such person as required by this section.

(Code 1968, § 27-27)

Cross reference— Utilities, ch. 27.