Article V — EXCAVATIONS

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.

Secs. 25-190—25-210. - Reserved.

(a)

It shall be unlawful for any person other than an authorized official or employee of the city, or other authorized governmental official, to make excavations in or under the surface of any street or sidewalk for the installation, repair or removal of any pipe, conduit or tunnel, or for any other purpose, without first:

(1)

Making and filing a written application with the street superintendent.

(2)

Receiving a written permit from the street superintendent.

(3)

Making a deposit to cover the cost of:

a.

Filing and inspection.

b.

Guaranteeing the restoration of the streets or sidewalks to as good or better condition than the streets or sidewalks were in before such work was begun.

c.

Any incidental expenses connected therewith as determined by the street superintendent.

(b)

This section shall be deemed not to apply to public utility corporations operating within the limits of the city in case of an emergency; provided, however, that an application for a permit shall be made within two working days thereafter and provided further that all work shall be done in compliance with all laws in effect at the time in reference to such work.

(Code 1968, § 27-16; Ord. No. 1495, § 5, 12-20-05)

Before issuing any permit provided for in section 25-211, the street superintendent shall require:

(1)

A written application to be made and filed with the street superintendent which shall state:

a.

The name and residence or business address of the applicant.

b.

In detail, the purpose, location and area of each excavation intended to be made and used; and the location of the proposed substructure.

(2)

The presentation of a plat in duplicate on a sheet 11 inches by 17 inches wide and drawn to a minimum scale of one inch to 100 feet, showing:

a.

The location of each proposed excavation.

b.

All dimensions of each proposed excavation.

c.

Such other details as the superintendent of streets may require to be shown on the plat, except that, for service connections and locating of trouble in conduits and pipes and making repairs thereto, no plat shall be required.

(3)

The applicant is to show, for the purpose mentioned in the application, the right, legal authority and qualifications to occupy and use the street or sidewalk wherein the excavation is proposed to be made.

(4)

The street superintendent is authorized to issue a blanket permit renewable annually to any public utility corporation or to any person permitting the installation of telephone, telegraph, electric power or gas line service or connections, and for ordinary maintenance of the existing facilities located or installed on, in or along city public highways by any such public service corporation or other person lawfully entitled so to do business. Such blanket permits shall not be issued for street openings exceeding two feet by four feet in size, and monthly reports on the street openings made under a blanket permit shall be filed before the tenth day of the following month with the street superintendent.

(Code 1968, § 27-17)

(a)

Upon the approval of any application for a permit as required by this article, the street superintendent shall, prior to the issuance of any permit therefor, require such applicant to deposit with the city:

(1)

Cash, certified check, cashier's check or a surety bond approved by the city in favor of the city in an amount equal to the cost as estimated by the street superintendent of repairing and restoring the street or highway in such manner as to place it as near as possible to its condition as existing immediately prior to such excavation, cut or other work, and such deposit shall be considered as a guarantee that such work will be properly completed and shall be retained by the city and not returned unless the work shall have been completed as provided in this article. If not so completed within 30 days after completion of the underground work, the city may and is hereby authorized to use the deposit or any part thereof to complete the work and charge the entire cost thereof against the deposit, the bond or the applicant.

(2)

A public liability policy issued by a reliable insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to cover such liability and to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with any such work.

(b)

Should the applicant be a regular franchised public utility company operating within the city or such other financially reliable person whom the superintendent of streets may determine upon investigation to have sufficient clear assets within the city to be more than sufficient to cover the deposits, bonds and guarantees provided in this section, then, and in that event, the street superintendent may waive all or part of such requirements as provided in this section upon such terms and conditions as may be reasonably provided, but any such waiver shall not release any such party from any or all liability under any of the obligations provided in this section.

(Code 1968, § 27-18; Ord. No. 1495, § 6, 12-20-05)

(a)

Upon compliance by the applicant with all of the requirements stated in this article, the street superintendent shall thereupon issue to the applicant a permit to proceed with the work in the application and such work shall be done in accordance with the terms and conditions of the approved application and permit.

(b)

Every permit issued under the provisions of this article shall become void unless the excavation to be made pursuant thereto is commenced within 60 days from the date of issuance of such permit and the work diligently prosecuted to completion as required in this article.

(c)

No refund shall be made on expired permits, and all monies deposited on such permits shall revert to the general fund of the city.

(d)

In all cases where the excavations or cuts are to be made in a public road, street or highway the permittee shall notify the street superintendent, the police department, the fire department and all owners of such other substructures in the vicinity of the work covered by the permit of the starting time of the job at least two working days prior to commencing the work.

(Code 1968, § 27-19; Ord. No. 1495, § 6, 12-20-05)

Secs. 25-215—25-240. - Reserved.