Grand Terrace Municipal Code Ch. 12.08 Street Excavations

Footnotes:

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Editor's note— (Ord. No. 351, § 3, adopted March. 12, 2024, repealed the former Ch. 12.08, §§ 12.08.010—12.08.410, and enacted a new Ch. 12.08 as set out herein. The former Ch. 12.08 pertained to similar subject matter and derived from Ord. 64 §§ 1—40, adopted 1982; Ord. No. 330, § 37, adopted May. 12, 2020; and Ord. 218 § 1, adopted in 2005.

The ordinance codified in this Chapter shall be known and may be cited as the "Street Excavation Ordinance."

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

For the purposes of this Chapter, the following terms shall have the meaning designated unless it is clear from the context that a different meaning is intended:

A. "Applicant" means any person making written application to the City Engineer for an encroachment permit under this Chapter.

B. "Directional boring" also known as horizontal directional drilling (HDD), means a trenchless method of installing underground pipes, conduits, or cables in a curved or straight line with minimal surface disruption. This technique involves drilling a pilot hole horizontally and then enlarging it to accommodate the desired utility.

C. "Excavation" means any opening in the surface of a public place made in any manner whatsoever except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

D. "Encroachment" means 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:

i. Excavating or disturbing the public right-of-way;

ii. 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;

iii. Planting any tree, shrub, grass, or other growing thing within the public right-of-way;

iv. Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;

v. 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; and

vi. 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.

E. "Facility" means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, catch basin, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated in this Chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over a public place.

F. "Permit holder" means any person who has been granted and has in full force and effect an encroachment permit issued under this Chapter.

G. "Person" means any person, firm, partnership, association, corporation, company, political body or organization of any kind.

H. "Public place" means any public street, way, place, alley, sidewalk, park, square, or any other public property owned or controlled by any governmental agency in a governmental capacity.

I. "Public utility" means any electrical corporation, gas corporation, heat corporation, water corporation, telephone corporation, pipeline corporation, sewer corporation, telegraph corporation, where the service is performed for, or the commodity delivered to, the public or any portion thereof.

J. "Slurry seal" means 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 Grand Terrace and Caltrans standard plans specifications, and details, whichever is more stringent or as directed by the City Engineer and usually less than one-half inch in thickness.

K. "Street" means any street, highway, sidewalk, alley, avenue or other public way or public ground in the City.

L. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually greater than one-half inch in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.

M. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any other facility located below the surface of any public place.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

No person shall dig, excavate, tunnel, undermine, or in any manner break up any street or public place, deposit, place, or leave upon any public place any earth or other excavated material obstructing or tending to interfere with the free use of the public place, or fill any excavation in any public place, unless such person has first obtained an encroachment permit, as defined in Section 12.10.020. The City Engineer shall have authority under this Chapter to issue encroachment permits as provided in Chapter 12.10.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

No encroachment permit shall be issued unless a written application for the issuance of an encroachment permit is submitted to the City Engineer. The written application shall follow guidelines set forth in Section 12.10.040, as amended from time to time.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

A permit fee shall be charged by the City Engineer for the issuance of an encroachment permit. Such fee shall be in accordance with the fee schedule established by the City Council and adopted by resolution.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

All excavation shall be subject to inspection by the City Engineer. Actual costs of such inspections, computed at current permit and inspection rates, shall be paid by the permit holder. Before an encroachment permit is issued, the permit holder shall deposit with the City an amount estimated to cover costs of the inspection, plan review, and repair and/or replacement costs, and shall include any third-party costs, computed based on the rates stated in the resolution setting a fee schedule. The remaining balance of the deposit, if any, shall be returned to the permit holder within one year of project completion. Return of the deposit shall be conditioned upon the permit holder's compliance with this Chapter. Public service companies shall be billed for inspection costs on a monthly basis.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

All places of business and residences abutting the public right-of-way that are within the limits of any construction zone shall be notified, by the permit holder, by mail or door hangers at least five days prior to commencement of work. This written notification shall be approved in advance by the City Engineer and explain the sequence of work and indicate any restrictions of access.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Before an encroachment permit as provided in this Chapter is issued, the applicant shall deposit with the City Finance Department a deposit in the amount to be determined by the City Engineer to secure proper repairs of the street cut, computed based on the rates stated in the resolution setting a fee schedule, as applicable.

A. An application for an encroachment permit to perform excavation work under this Chapter shall be accompanied by a deposit, payable to the City, in accordance with a schedule of fees set by resolution. No deposit shall be less than the amount as set by resolution of the City Council. Any person intending to make openings, cuts or excavations in streets or public places may make and maintain with the City Finance Director a general annual deposit in the sum of not less than an amount set by resolution of the City Council. Such deposit shall be refunded by the City to the permit holder upon the expiration of such 24-month period and upon request of the permit holder, provided, that the City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street or public place as provided in this Chapter in the event the permit holder fails to perform such work, in which event the amount refunded to the permit holder shall be reduced by the amount thus expended by the City. The decisions of the City Engineer as to the cost of the work done or repairs made by him under the provisions of this Chapter shall be final and conclusive as to cost. An applicant may submit a bond or letter of credit in a form and amount acceptable to the City Engineer, which shall remain in effect for not less than 24 months, in lieu of a deposit under this provision.

B. Return of the deposit shall be conditioned upon the permit holder's compliance with this Chapter, and further conditioned that the permit holder must fill, restore, place in good and safe condition, and as near to its original condition the public place or street, and to the satisfaction of the City Engineer for the period of 24 months after the work has been accepted. Any settlement of the surface of the public place or street within that 24-month period shall be deemed conclusive evidence of defective backfilling by the permit holder. Nothing contained in this Subsection shall be construed to require the permit holder to maintain any repairs to pavement made by the City if such repairs should prove defective.

C. Any owner of real property repairing or engaging another to repair privately owned property that is not a part of the public place or street shall not be required to give such deposit, but shall comply with all other provisions of this Chapter.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Working hours 7:00 a.m. to 8:00 p.m. Monday-Saturday, and at no time on Sunday or national holidays as per Section 8.108.040.C.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall submit a traffic control plan subject to approval by the City Engineer and take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable are maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The traffic control plan shall ensure that the schedule and conduct of work avoids unnecessary inconvenience to the public and abutting property owners, avoids undue delay in construction activities to reduce the public's exposure to construction dust and debris. All street closures shall be approved in advance by the City Engineer. The traffic control plan shall include a detour plan, as applicable. The City Engineer may in his discretion permit the closing of streets to all traffic for a period recommended by him in order for the permit holder to complete the excavation work. The permit holder shall comply with standards set forth by the latest edition of the State of California's Manual on Uniform Traffic Controls Devices for route and traffic control, including its own vehicles, as directed by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Maintain safe and adequate pedestrian and vehicular access to driveways, houses, fire hydrants, buildings, fire and police stations, hospitals, and establishments of similar nature. When an abutting property owner's access across the right-of-way line is to be eliminated or replaced under the contract, the existing access must not be closed until the replacement access facility is usable. Construct temporary approaches to a crossing and an intersecting highway. The permit holder shall provide safe and adequate pedestrian zones and public transportation stops. Pedestrian crossings shall be provided at intervals not exceeding 200 feet, which shall be maintained unless otherwise approved by the City Engineer.

The permit holder shall provide, at the end of the day, vehicular access to residential driveways except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the permit holder shall immediately clear the street and driveways and provide and maintain access.

The permit holder shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The permit holder shall absorb in its bid all costs for the above requirements.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The excavation work shall be performed and conducted so as not to interfere with access to fire stations, fire hydrants, fire escapes, water gates, underground vaults, water valves, and all other vital equipment as designated by the City Engineer. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall erect and maintain suitable barriers, as approved by the City Engineer, to confine earth from trenches or other excavations to encroach upon streets highways as little as possible. The permit holder shall comply with all standards set forth by the State of California's Manual on Uniform Traffic Controls Devices, latest edition. The permit holder shall provide barriers, guards, lights, signs, temporary bridges, flag persons and watchpersons, advising the public of detours and construction hazards. The permit holder shall also be responsible for compliance with additional public safety requirements, which may arise during construction. The permit holder shall furnish and install, and upon completion of the work, promptly remove, all signs and warning devices.

As part of the initial submittal review process, the permit holder must, in advance of closing, partially closing, or reopening any street, alley, or other public thoroughfare, notify the Police, Fire, School Districts, Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. The City Engineer must first approve all schedule deviations in writing.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall not interfere with any existing utilities without the written consent of the City Engineer and the utility company or person owning the utility. The permit holder shall notify the various gas, electric, telephone, water, or other public utility companies, 48 hours in advance of the intention to begin work so that they may take any necessary protective measures around their facilities. If removal of an existing utility is necessary, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permit holder unless the cost of such work is borne by the permit holder. The cost of moving privately owned utilities shall be similarly borne by the permit holder unless other arrangements are made with the owner of the utility. The permit holder shall support and protect (by timbers or otherwise) substructure apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work. The permit holder shall be responsible for any damage done to any public or private property by reason of the breaking of any utilities, water pipes, sewer, gas pipe, electric conduit, or other substructure. In case any of the substructure apparatus is damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permit holder, and his or its bond shall be liable therefor. The permit holder shall inform itself as to the existence, and location of all substructures and protect the same against damage.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the City Engineer a statement in writing giving in detail the location of the substructure so abandoned. When the City determines that the abandoned substructure is an obstruction or is otherwise detrimental to a governmental function, and no other alternatives are available, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Excavations made in or under a sidewalk shall be subject to compliance with standards as established by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall place and maintain barriers and warning devices and take other steps required for the protection of the public, as required and/or established by the City Engineer. Permit holder shall not permit or maintain any unguarded machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and become hazardous to their safety or health.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Equipment must be kept in a good state of repair and maintained in such state during the progress of the work. No worn or obsolete equipment shall be used, and in no case shall the maker's rating of capacity for any equipment be exceeded.

Construction materials may not be stored on public streets, roads, or highways. All materials or equipment not installed or used in the construction shall be stored elsewhere by the permit holder at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the worksite.

Excavated material, except that which is to be used for backfilling the same day in the adjacent trench, may not be stored on public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing backfill, all excess material shall be removed immediately from the site.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Trench and tunnel excavation and construction, including care of excavated materials, shall be done in compliance with the requirements as established by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property.

The permit holder shall repair or replace all existing improvements, public or private, which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations; except when a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be reconstructed or capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

Trees, lawn, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the permit holder's operations, they shall be restored or replaced in as neatly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.

The permit holder shall give five days' notice, in writing, to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-way, which are designed for removal and would be destroyed because of the work. All costs for protecting, removing, and restoring existing improvements shall be borne by the permit holder.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permit holder. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permit holder fails to furnish the necessary labor and materials for such repairs, the City Engineer shall have the authority to cause the necessary labor and materials to be furnished by the City, and the cost shall be charged against the permit holder, and the permit holder shall also be liable on his or its cash deposit therefor.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the encroachment permit, and it shall be the permit holder's responsibility to confine excavation work within these limits.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

As the excavation work progresses, all streets, public places, and private properties shall be maintained free of all rubbish, excess earth, rock, and other debris resulting from such work.

Permit Holder. The permit holder shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work within three days after the completion of the work. Failure to do so within 24 hours of being notified by the City Engineer, the work may be done by the City Engineer, and the cost thereof charged to the permit holder, and the permit holder shall also be liable for the cost thereof.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Permit holders shall provide for the flow of watercourses, sewers and drains and provide for incidental matters as established by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Permit holders shall comply with the requirements as established by the City Engineer in regard to breaking through any pavement or sidewalks as specified in Section 12.08.200.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Permit holders shall comply with the requirements as established by the City Engineer in regard to the installation of any substructures.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Tunnels under pavement shall not be permitted except by permission of the City Engineer and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The use of fire hydrants as sources of water supply shall be subject to the conditions set forth by Riverside Highland Water Company and any required payment by permit holder for such use.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

A. If the permit holder has failed to restore the surface of the street or public place to its original and proper condition, upon expiration of the time fixed by such permit, or otherwise has failed to complete the excavation work covered by such permit, the City Engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street or public place and to complete the excavation work. The permit holder shall be liable for the actual cost and an additional amount equal to the City's actual costs for general overhead and administrative expenses which shall be set by resolution of the City Council. The City shall have a cause of action for all such costs and for all fees, expenses and amounts paid out and due it for such work, and shall apply in payment of the amount due it any funds of the permit holder deposited as provided in this Chapter, and the City shall also enforce its rights under the permit holder's deposit provided pursuant to this Chapter.

B. It shall be the duty of the permit holder to guarantee and maintain the site of the excavation work in the same condition it was in prior to the excavation work two years after restoring it to its original condition.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall comply with the OSHA's Trenching and Excavation Safety and rules and regulations as established by the City Engineer in regard to the excavation, construction and maintenance of any trenches for the laying of pipe.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The permit holder shall prosecute with diligence and expedition, to the satisfaction of the City Engineer, all excavation work covered by the encroachment permit, and shall promptly complete such work and restore the street or public place to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the encroachment permit therefor.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

If, in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest, require that the excavation work be performed as emergency work, the City Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed to expeditiously complete such work as soon as possible.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The following provisions are intended to minimize pavement degradation, maintain structural integrity of streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts:

A. The City Engineer shall attempt to give notice to all owners of substructures and facilities located within the City streets who might be affected approximately six months prior to the probable date of construction of any new paving or repaving of any street in the City. The failure to give such notice shall not affect the further provisions of this Section.

B. No excavation, trenching, or overlay shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five years after completion and acceptance of the project by the City Council, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of three years from completion unless the person proposing to make such excavation shall agree to pay for resurfacing half the street section with an asphaltic concrete cap of a minimum thickness of two inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from centerline of the street.

1. In accordance with this street moratorium, it is hereby declared that all paved streets dating back to FY 2020-21 shall be covered by the moratorium as of their filed notice of completion date.

C. As practical, directional boring methods shall be utilized along the City's main thoroughfares, as required by the City Engineer, including but not limited to the full lengths of Barton Road, Mount Vernon Avenue, De Berry Street, Van Buren Street, Pico Street, Main Street, and Observation Street, to minimize surface disruption while efficiently installing, maintaining, or repairing underground utilities.

The City Engineer/Public Works Director may, in his or her sole discretion, grant an exception to the moratorium for:

A. Emergencies which endanger life, or public health and safety.

B. Work that is mandated by City, State or Federal legislation.

C. New construction approved by City Council or service to buildings or properties where no other reasonable means of providing service exist.

D. The City Engineer/Public Works Director or City Manager shall grant an exception to Riverside Highland Water Company if the following conditions are met:

1. Riverside Highland Water Company (RHWC) will repair or replace the facility, backfill the excavation with new fill dirt and base, and install temporary paving. When multiple trenches have accumulated, RHWC will replace the temporary paving with permanent paving on a quarterly basis or as required by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

To request an exception, the applicant shall submit the following information to the Public Works Department:

A. The location of excavation.

B. Which exception from the moratorium as set forth in Section 12.08.330is being claimed.

C. Description of the work to be performed.

F. Justification from the applicant why the work cannot be deferred until after moratorium expires.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Each permit holder shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permit holder shall take appropriate measures to reduce to the fullest extent practical, in the performance of the excavation work, noise, dust and unsightly debris and, during the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday and all day on Sunday or a national holiday, shall not use, except with the expressed written permission of the City Engineer or, in case of an emergency as otherwise provided in this Chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Engineer so to do. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by a registered professional engineer or a registered land surveyor.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The City Engineer shall make such inspections as are necessary in the enforcement of this Chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Chapter.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The provisions of this Chapter shall not be applicable to any excavation work performed under the direction of City authorities by employees of the City. The provisions of this Chapter shall apply to any permit holder performing work for the City except to the extent exempted by the City engineer or where a particular provision is inconsistent with a specific provision of the contract under which such work is to be performed.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

All persons operating public utilities in the City either under regulations of the State Public Utilities Commission or authorized by the State to operate the public utility, and having the right, either by general or special permission to enter upon the streets and open and excavate pavements, sidewalks or disturb the surface thereon by excavation or other work, shall be required to apply for a permit for all work in the public right-of-way. A blanket permit may be issued for periods up to one year to place or to repair any facility which does not interfere with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the surface of the street or interfere with any installation owned by any other person. Excavations in excess of four feet by four feet shall not be made without prior approval of plans by the City Engineer.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

A permit holder, prior to the commencement of excavation work under this Chapter, shall furnish the City Engineer satisfactory evidence, in writing, that the permit holder has in force and will maintain in force during the performance of the excavation work and the period of the encroachment permit, public liability insurance for the protection of the City and the permit holder against claims for injury or death to any person or persons or damage to any property arising out of the performance of such excavation work. Such policy shall provide coverage of not less than $4,000,000.00 for all damages arising out of bodily injuries to or death of one or more persons in any one occurrence, and not less than $2,000,000.00 for all damages and/or destruction of property in any one occurrence, and not less than $2,000,000.00 for all damages and/or destruction of property during the policy period. Such policy shall guarantee payment of any final judgment rendered against the permit holder or the City within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such permit holder. Such policy shall specifically name the City as an additional insured and shall further provide that the insurance coverage thereby afforded shall not be terminated or cancelled except upon 30 days' written notice to the City.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an encroachment permit is issued under this Chapter, nor shall the City or any official or any employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this Chapter, the issuance of any permit, or the approval of any excavation work.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

The City Engineer and/or their designee shall have the authority to promulgate and cause to be enforced such rules and regulations as are reasonably required to provide for the matters governed by this Chapter and to supplement the same and to provide for the enforcement of this Chapter. Violation of such rules and regulations shall constitute a violation of this Chapter.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.

(Ord. No. 351, § 3(Exh. A), 3-12-2024)

A. Description of Violation. Encroachment permits along with a City of Grand Terrace Construction Application Package can be obtained from the Public Works Department.

1. Failure to obtain a permit is a misdemeanor.

2. It is unlawful to perform street cuts and resulting patching that are not performed correctly in accordance with Section 12.08.300.C.

3. Each occurrence constitutes a separate violation and requires the permit holder to repair and restore the street per engineer's standards.

(Ord. No. 369, § 33, 7-22-2025; Ord. No. 351, § 3(Exh. A), 3-12-2024)