Hawthorne Municipal Code Ch. 12.16 Encroachments in Public Places

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"City engineer"

means the director of public works or his or her designated representative.

"Encroachment"

means any activity or work area that occupies or impacts a portion of the public right-of-way ("PROW").

"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 public place.

"Facility"

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

"Public place"

or "public right-of-way" ("PROW") means any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the city.

"Substructure"

means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar structure located below the surface of any public place.

(Prior code § 11-400; Ord. 1934 § 1, 2008)

No person shall make any encroachment in any public place without first obtaining a permit to do so from the city engineer except as otherwise provided in this chapter. No permit to make an encroachment in a public place shall be issued except as provided in this chapter. The city engineer may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within any public street, alley or parkway where the opening or excavation does not exceed two feet in width and four feet in length, to the following:

A. A public utility regulated by the Public Utilities Commission of the state;

B. A person or corporation holding a franchise from the city;

C. The water department of the city;

D. Other governmental agencies.

(Prior code § 11-401; Ord. 1934 § 1, 2008)

A. No encroachment permit shall be issued unless a written application (on a form provided by the city engineer) for the issuance of such permit is submitted to the city engineer.

1. The written application for a standard encroachment permit shall state the name and address and principal place of business of the applicant, a twenty-four-hour emergency telephone number of a party responsible for the maintenance of the work zone, the location and dimensions of the installation or removal, the purpose of the facility and the length of time which will be required to complete such work, including backfilling said excavation and removing all obstructions, material and debris. Extensions of time may be granted by the city engineer should the permittee, for any reason, not be able to complete the work within the time as stated and provides to the city an additional administrative fee to compensate the city for the additional staff time involved in processing the permittee's extension.

B. The written application for an outdoor dining encroachment permit shall state the name and address and principal place of business of the applicant, a twenty-four-hour emergency telephone number of a party responsible for the maintenance of the outdoor dining area, and the location and dimensions of the outdoor dining area. Applications for outdoor dining encroachments shall be for a period of one year and may be renewed annually.

C. The permit fee shall be set by resolution of the city council. The application, when approved and signed by the city engineer, constitutes a permit.

(Prior code § 11-402; Ord. 1934 § 1, 2008; Ord. 2068 § 5, 2014)

A permit fee shall be charged by the city engineer for the issuance for an encroachment permit as established by resolution of the city council.

(Ord. 1473 § 5, 1989; Ord. 1934 § 1, 2008)

A. All plans and specifications for new installations, except services and laterals, in the street system of the city must be submitted to the city engineer for his or her approval prior to starting the work.

B. For outdoor dining only, the plan shall specify show the following:

1. Exact location and dimensions of the encroachment area (site plan);

2. All utility poles and anchors, light standards, equipment boxes, grates, curbs, and ramps within ten feet of the encroachment area (shown on site plan with exact distances to encroachment area called out);

3. Approximate location and dimensions of all furniture, barriers, menu boards, umbrellas and other nonpermanent features of the outdoor dining area, as well as description of how the furniture, etc., will be secured or removed when not in use; and

4. The hours of operation of the outdoor dining area.

(Prior code § 11-404; Ord. 1934 § 1, 2008; Ord. 2068 § 6, 2014)

Before a street encroachment permit, as herein provided, is issued, the applicant shall deposit with the city engineer a restoration bond in the amount of five thousand dollars per location or per one hundred lineal feet, up to one hundred thousand dollars, payable to the city.

Said bond shall insure that the permittee will properly backfill, repave and maintain any excavation made by him or her for a period of one year. Said bond shall also insure that, in case of any failure or settlement which might occur to any repaired or new trench or excavation made by the permittee, the permittee will cause repairs to be made within one week after notification by the city to make such repairs. Said bond shall also insure that the permittee comply with specifications set forth in this chapter.

Provided, however, that public utilities operating under the supervision of the public utilities commission, public utilities holding a franchise from the city, and permittees constructing minor improvements within the public right-of-way, may be relieved of the obligation of submitting such a bond per the discretion of the city engineer. (Example: routine maintenance accessing utility pull box/manhole/vault does not require bond.)

(Prior code § 11-405; Ord. 1934 § 1, 2008)

The permittee shall take appropriate measures to assure that during the performance of any activity on any public street, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the general public, provided that the city engineer may permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her, if in his or her opinion it is necessary.

The permittee shall be required to submit a traffic control plan signed and stamped by a registered engineer for any encroachment to the public right-of-way on arterial and collector streets, when the proposed work is estimated to take longer than one day or is of a special nature as determined by the city engineer. (Example: excavation in an intersection requires engineer's stamp.) At all other locations, all traffic control shall be in accordance with the latest Manual of Uniform Traffic Control Devices and/or the use of Work Area Protection and Traffic Control Manual for work that is less than one day.

The written approval of the city engineer may require that the permittee give notification to various public agencies and to the general public. In such case, such written approval shall not be valid until such notice is given.

Warning signs and lights shall be placed far enough back of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, all in accordance with the "Manual on Uniform Traffic Control Devices" ("MUTCD"), revised and adopted by the State of California (most recent edition).

(Prior code § 11-406; Ord. 1934 § 1, 2008)

The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the city engineer.

(Prior code § 11-407; Ord. 1934 § 1, 2008)

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line.

(Prior code § 11-408; Ord. 1934 § 1, 2008)

The permittee shall not move, alter, temporarily relocate or interfere with any existing utility structure without the written consent of the owner of the utility. If it becomes necessary to relocate an existing utility structure, this shall be done by its owner. The cost of moving utilities shall be borne by the permittee unless it makes other arrangements with the person owning the utility; however, in the event the utility occupies the same space as that to be occupied by a proposed storm drain or sanitary sewer, the utility company shall be responsible for the relocation of the utility at its own expense. For purposes of clarification, the space necessary for a storm drain or sanitary sewer is the design width of the trench necessary for the installation. The permittee shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other facilities 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 said work. In case any of said pipes, conduits, poles, wires or facilities should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, they shall be repaired by the owner thereof and the expenses of such repairs shall be charged to the permittee, and his, her or its insurance policy shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its insurance policy shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

(Prior code § 11-409; Ord. 1934 § 1, 2008)

Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owing, using, controlling or having an interest therein shall, within thirty days after such abandonment, file with the city engineer a statement in writing or a drawing giving in detail the location of the substructure so abandoned.

(Prior code § 11-410; Ord. 1934 § 1, 2008)

The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the owner of such private property for such purpose. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and replaced after ditches have been backfilled as required in this chapter. Should the cutting and replacement of sod be impractical, the lawn area disturbed shall be reseeded with the same kind of grass existing before the work and such reseeding shall be done to the satisfaction of the owner of the affected property. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, trim or damage any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having control of such property.

(Prior code § 11-411; Ord. 1934 § 1, 2008)

It is the duty of every person, cutting or making an excavation in or upon any public place, to furnish, place and maintain such barriers and warning devices necessary for safety as specified by the State Division of Highways' publication "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways."

Barriers shall meet the requirements of the city engineer. Warning lights shill be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. Lanterns shall be kerosene or a similar fluid; burning lanterns shall have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace light sources.

No person shall willfully remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter.

(Prior code § 11-412; Ord. 1934 § 1, 2008)

Prior to making any street excavation, the contractor or utility company shall mark the curb with paint adjacent to the street excavation, indicating street excavation. For example, water cuts shall be marked with a W, electric cuts with an E, sewer cuts with an S, gas cuts with a G, and telephone cuts with a T.

Main installations which are installed parallel to the curb need not be marked.

(Prior code § 11-413; Ord. 1934 § 1, 2008)

The maximum width of any driveway from the curb to the edge of the right-of-way installed under the provisions of this chapter shall not exceed ten feet in an R-1 zone, seventeen feet in an R-1 zone where an attached garage exists in the front yard, thirty feet in an R-2, R-3, C or M zone, and in any event shall not exceed fifty percent of the street frontage of any lot; providing, however; that upon a proper showing a variance to these standards may be granted by the city engineer.

(Prior code § 11-414; Ord. 1934 § 1, 2008; Ord. 2103 § 2, 2016)

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled, and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the city engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal site.

All materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the city engineer. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the city engineer to prevent the spreading of dirt into traffic lanes.

(Prior code § 11-415; Ord. 1934 § 1, 2008)

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of said work, the permittee shall, at his, her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, said work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the restoration bond provided in Section 12.16.060.

(Prior code § 11-416; Ord. 1934 § 1, 2008)

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

The permittee shall make provisions to take care of all surplus water, muck, silt and slickings pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

(Prior code § 11-417; Ord. 1934 § 1, 2008)

A. Heavy duty pavement breakers may be prohibited by the city engineer when the use endangers existing substructures or other property.

B. Saw cutting of Portland cement concrete may be required by the city engineer when the nature of the job or the condition of the street warrants. When required, the depth of the cut shall not be less than two inches in depth; however, depths greater than two inches may be required by the city engineer when circumstances warrant. Saw cutting may be required by the city engineer outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.

C. Approved cutting of bituminous pavement surface ahead of excavations may be required by city engineer to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or saw cut edge. However, in the event that the sidewalk is eight feet in width or less, the entire sidewalk shall be removed and replaced.

E. Pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trenchline.

H. Boring or other methods to prevent cutting of pavement may be required by the city engineer.

I. There will be no saw cutting allowed between the curb section and gutter section of a monolithically poured curb and gutter. The entire curb will have to have to be removed and replaced if the structure is to be altered.

(Prior code § 11-418; Ord. 1934 § 1, 2008)

The breaking of existing pavement structures shall be done in such a manner as to do the least amount of damage to the remaining pavement structure and shall be done with approved equipment designed for that purpose; e.g., concrete saws, pneumatic pavement breakers or hydraulic pavement cutters.

Tunneling is not allowed in a street or alley between curbs. This means that tunneling is likewise not allowed under concrete gutters except where the length of such tunnel does not exceed two feet. Tunneling is permitted, however, under curbs and sidewalks, but is not mandatory. When tunnels are permitted under concrete gutters, the tunnel shall be filled with concrete from the top of the tunnel to two feet from the top of the tunnel measured vertically; provided, however, that where interfering facilities make such filling with concrete impossible or impractical, the city engineer may modify or reduce the amount of concrete fill required in such tunnels and in such cases, the city engineer shall prescribe sufficient concrete and compaction of the remaining fill to assure adequate support for the overlying concrete gutter. The remainder of the tunnel shall be backfilled to a relative compaction of ninety percent.

This rule of tunneling does not apply to acceptable methods of boring, jacking or tunneling with liner plate where sand or cement is jetted into the voids thereby created. Further, the rule does not apply to tunneling under certain structures, such as storm drains, large pipe lines or conduits, etc.; in the event tunneling is required, in any instance heretofore mentioned, a jetted sand backfill shall be employed.

(Prior code § 11-419; Ord. 1934 § 1, 2008)

No person shall, without written permission of the city engineer, install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a distance less than the following:

A. Roadway (From Property Line to Property Line). Thirty inches below the established flow line of the gutter.

If said flow line is not established, then the depth shall be at a minimum of thirty inches below the surface of the outermost edge of the traveled portion of the street.

B. Other Public Places. The minimum depth of any substructure in any other public place shall be twelve inches below the surface; provided, however, that the city engineer may permit a lesser depth in special cases.

Nothing in this section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes with the maintenance of, or travel on, a public street.

(Prior code § 11-420; Ord. 1934 § 1, 2008)

One sack cement slurry backfill will be required for all backfilling operations. However, the city engineer may allow sand backfill to be substituted for slurry if soil tests are furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics, at all places designated by the city engineer. Such tests shall certify that the backfill has been compacted to ninety percent relative density. All expense of such tests shall be done by the permittee.

The permittee shall be responsible for any settlement of the trench for a period of one year following completion of the work.

(Prior code § 11-421; Ord. 1934 § 1, 2008)

Temporary surfacing shall be placed as soon as the backfill has been thoroughly prepared according to backfill specifications. The surfacing shall be at least two inches thick, wherever vehicular traffic is encountered, and at all times smooth, level and even with the existing surfaces when completed. In no case shall temporary surfacing be installed to a thickness of less than two inches.

There will be no wheel rolling alone permitted of a cold laid plant-mixed surface for compaction and the contractor shall be responsible for any pavement settlement.

Cold laid plant-mixed (temporary) surfacing shall be of a "dense graded aggregate type," containing an SC-4 liquid asphalt binder and three-eighths maximum aggregate.

(Prior code § 11-422; Ord. 1934 § 1, 2008)

Upon completion of the backfilling, and temporary resurfacing of an excavation within a public place for the installation or removal of substructures, the city engineer will require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, and resurfacing shall be done in a manner and under specifications prescribed by this chapter, subject to inspection by the city engineer and shall be completed within a period of sixty days after such authorization to complete final resurfacing. The city engineer shall be notified prior to replacing base and surface materials.

A. Subgrades. Subgrades shall be restored pursuant to Section 12.16.220 in accordance with standards for the construction of new streets used by the city, per the city engineer's approval.

B. Paving Replacement.

1. Portland cement concrete used in the repair of trenches shall not have a slump in excess of two inches.

2. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than six inches. Bituminous pavement shall be replaced with one and one-half times the thickness as the existing pavement.

C. Pavement base shall be replaced in kind and thickness except that in all cases the base replaced shall meet the current standards for Aggregate Base of the Division of Highways Standard Specifications.

D. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than three and one-half inches and shall be of a color and texture of the adjoining sidewalk.

E. Expansion joints in Portland cement patches shall be matched with saw cut lines.

F. Portland cement shall be finished to match the texture of that adjoining pavement.

G. Concrete shall be compacted by tamping, rodding or mechanical vibration.

H. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous type pavement.

I. Bituminous paving shall conform to Section 39 of the current state of California Standard Specifications, and shall be the type and thickness shown on the plans. Paving grade asphalt shall determined by the city engineer.

The edges of the existing bituminous pavement must be vertical, sharp, clean and free from foreign material. The edges of the existing pavement and at least twelve inches on each side of the trench shall be primed with from 0.10 to 0.20 gallon per square yard of SS-2 asphaltic emulsion. Where pavement is replaced in two or more lifts, the base course shall be three-fourths inch maximum size aggregate and 85-1 00 paving grade asphalt. This shall be placed in no more than a two-inch lift. The compaction of the base course shall be made with equipment which will give a smooth, even surface and will give the compaction required by the city engineer. Wheel rolling alone is unacceptable. Finish course shall be one-half inch maximum size aggregate and 85-1 00 paving grade asphalt. The finish course shall be smooth, level and even with the existing surface when compacted. Compaction will conform to Section 39 of the current state of California Standard Specifications.

J. All Portland cement concrete pavement paving shall be of a Class B mix and shall conform to the current state of California Standard Specifications, Section 40.

K. The permittee shall be responsible for any settlement of the trench for a period of one year following completion of the work.

(Prior code § 11-423; Ord. 1934 § 1, 2008)

Within thirty days after restoration of permanent surface the permittee shall notify the city engineer giving the dimension of the surface restoration, the type of surface, the location permit number and date and the date of the surface restoration.

(Prior code § 11-424; Ord. 1934 § 1, 2008)

The maximum length of open trench permissible at any time shall be in accordance with existing ordinances or regulations or as may be specified by the city engineer and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the city engineer.

(Prior code § 11-425; Ord. 1934 § 1, 2008)

After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.

(Prior code § 11-426; Ord. 1934 § 1, 2008)

If, in his or her 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 power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible.

(Prior code § 11-427; Ord. 1934 § 1, 2008)

Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the city engineer for such a permit on the first working day after such work is commenced.

(Prior code § 11-428; Ord. 1934 § 1, 2008)

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measure to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and during the hours of ten p.m. and seven a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Prior code § 11-429; Ord. 1934 § 1, 2008)

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 to do so. 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 the city engineer.

(Prior code § 11-430; Ord. 1934 § 1, 2008)

The city engineer shall make such inspections as are reasonably 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.

(Prior code § 11-431; Ord. 1934 § 1, 2008)

Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city, shall file with the city engineer, within one hundred twenty days after the adoption of the ordinance codified herein, a map or set of maps each drawn to a scale of not less than one inch to two hundred feet showing in detail the location, size, description and date of installation, if known, of all substructures, except a service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the city engineer within fifteen days after the first day of March of each and every year a corrected map or set of maps each drawn to said scale including all installations made during the previous year, to and including the last day of such year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.

(Prior code § 11-432; Ord. 1934 § 1, 2008)

In the case of failure or settlement of any repaired or new excavation made by the contractor or utility company which, in the opinion of the city engineer, endangers the safety of the pedestrian or motoring public, the contractor or utility company shall cause emergency repairs or barricading to be made immediately within five hours after notification. Should the failure or settlement be reported after five p.m. and before eight a.m. or on Saturday or Sunday or any legal holiday, or should the contractor or utility company fail to cause the necessary emergency repairs or barricading to be accomplished within the specified time limit, the city will cause the emergency repairs or barricading to be accomplished and will bill the contractor or utility company for the cost thereof with a minimum charge per trip to be twenty-five dollars.

(Prior code § 11-433; Ord. 1934 § 1, 2008)

This chapter and Chapters 2.04 through 2.12, 8.12, 9.38, and 15.44 are not intended to and 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 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.

(Prior code § 11-434; Ord. 1934 § 1, 2008)

Prior to commencing work, the permittee shall secure the following types and amounts of insurance:

A. Minimum Limits of Insurance. Permittee shall obtain insurance of the types and in the amounts described below:

1. Commercial General Liability Insurance (for Projects One Thousand Linear Feet or Less). Permittee shall maintain commercial general liability (CGL) with a limit of not less than one million dollars each occurrence/two million dollars in the annual aggregate.

2. Commercial General Liability Insurance (for Projects Greater Than One Thousand Linear Feet). Permittee shall maintain commercial general liability (CGL) with a limit of not less than three million dollars each occurrence/three million dollars in the annual aggregate.

3. Business Auto Liability Insurance. Permittee shall maintain business auto liability with a limit of not less than one million dollars each accident. Outdoor dining encroachment permittees are not required to show proof of auto liability insurance.

4. Workers' compensation insurance as required by the state of California and employer's liability insurance.

5. Excavations in the street will require pollution coverage (XCU) coverage endorsement for one million dollars.

B. These amounts may be increased or decreased by the risk manager upon a showing of special circumstances relating to risk to public property, public improvements or public safety.

(Prior code § 11-435; Ord. 1934 § 1, 2008; Ord. 2068 § 7, 2014)

A. CGL insurance shall be written on Insurance Services Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from or in connection with permitted activity.

B. Business auto insurance shall cover liability arising out of any auto, including owned, hired, and nonowned autos. Coverage shall be written on Insurance Services Office form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage.

(Ord. 1934 § 1, 2008)

A. Each general liability and automobile insurance policy shall be with insurers passing a Best's rating of no less than A:VII. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: city of Hawthorne, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the permittee; and with respect to liability arising out of work or operations performed by or on behalf of the permittee including materials, parts or equipment furnished in connection with such work or operations. The insurance policy endorsement shall contain language stating that the policy is considered primary insurance. The general liability, workers compensation and automobile policies shall contain the following provision: "Permittee agrees that in the event of loss which permittee has agreed to provide comprehensive general liability, workers compensation coverage or automobile liability insurance, permittee shall look solely to its own insurance for recovery. Permittee hereby grants to the city of Hawthorne, on behalf of any insurer providing comprehensive general, automobile liability insurance and workers compensation insurance to the permittee with respect to the work performed by the permittee, a waiver of any right to subrogation which any such insurer of said permittee may acquire against the city of Hawthorne by virtue of the payment of any loss under such insurance."

B. Under the CGL policy or commercial umbrella policy, the Insurance Services Office additional insured endorsement form CG 20 10 or a substitute providing equivalent coverage shall be used. Any deductible self insured retention per claim or per occurrence over twenty-five thousand dollars must be approved by the city.

(Ord. 1934 § 1, 2008)

Each insurance required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty days prior written notice by certified mail, return receipt requested, has been given to the city, attention city engineer.

If permittee is self-insured for any of the required coverages, permittee shall provide to city's risk manager written certification as provided by either permittee's risk management professional, independent insurance consultant or actuary, or a licensed insurance broker that permittee has sufficient assets to provide coverage as required in this chapter.

(Ord. 1934 § 1, 2008)

Permittee shall furnish the city of Hawthorne with original certificates and copies of amendatory endorsements effecting coverage required by Section 3.16.360 et seq. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the city of Hawthorne or on other than the city of Hawthorne's forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the city of Hawthorne before work commences.

(Ord. 1934 § 1, 2008)

Permittee shall include all contractors and subcontractors as additional insureds under its policies or shall ensure that all contractors and subcontractors meet all of the requirements stated herein.

(Ord. 1934 § 1, 2008)

The permittee shall defend, indemnify, and hold harmless the city of Hawthorne, its council, boards, commissions, officers, agents, volunteers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, resulting from the alleged acts or omissions of permittee, its officers, agents, or employees in connection with the permitted work. Nothing contained herein shall be construed as obligating permittee to indemnify city for losses resulting from its sole or active negligence or willful misconduct.

(Ord. 1934 § 1, 2008)

The permittee shall warrant that any trench backfill, pavement restoration, or other work performed by the permittee or its employees, agents, and contractors in the public rights-of-way will be free from all defects due to faulty materials or quality of work for a period of five years after the date of installation of the facilities. The permittee will repair or remove and replace all such backfill, pavement restoration, or other work, together with any other pavement areas directly affected by that removal or replacement, without any expense to the city. If the permittee fails to comply diligently with those provisions within ten days after being notified in writing (or in cases of emergency, within twenty-four hours), the city is authorized to proceed to have any backfill, pavement restoration, or other defects remedied at the sole cost and expense of the permittee, and the permittee is obligated to pay those costs and expenses within thirty days of receipt of invoice. Such action by the city will not relieve the permittee of the warranty provided for in this section.

(Ord. 1934 § 1, 2008)

No permittee shall be excused from complying with any of the provisions of this chapter by any failure of the city on anyone or more occasions to seek, or insist upon, compliance with any requirements or provisions of this code. Regardless of the city's failure to seek compliance on any occasions, such action shall not be considered a waiver of any requirements of this code.

(Ord. 1934 § 1, 2008)

The city recognizes that in some cases a utility's local franchise agreement and/or applicable federal or state laws may take precedence over this chapter. The city also recognizes that the local franchise agreements generally require compliance with the Hawthorne Municipal Code. In the case of a conflict between a franchise provision, a federal law or a state law, on the one hand, and a provision of this chapter, on the other hand, each situation will require a case-by-case analysis to determine the applicable requirement.

(Ord. 1934 § 1, 2008)

A. A telecommunications utility may apply to the city engineer for an exemption from any of the requirements of this chapter on the grounds that such requirement constitutes a prohibition pursuant to Section 253(a) of the Telecommunication Act of 1996 (as may be amended), or other law.

B. An application shall include information necessary for the city to make its decision, including but not limited to reports or studies showing the factual support for the claimed exemption. The city engineer may require the telecommunications utility to provide additional information to permit the city engineer to determine facts regarding the telecommunications exemption application.

C. In addition, the application shall include a radius map and a certified list of the names and addresses of all property owners, as shown on the latest assessment roll of the county assessor, and commercial and residential tenants within five hundred feet of the exterior boundaries of the property involved. This list shall be in an approved mailing label format.

D. Such waiver request shall be subject to a hearing by the city engineer. Following a review of the application and hearing, the city engineer shall prepare a written decision which shall contain the findings of fact upon which such decision is based. Such decision shall be issued within thirty days of the hearing. The city engineer may approve the exemption, in whole or in part, with or without conditions, provided all of the following findings of fact are made:

1. The subject requirement constitutes a prohibition pursuant to Section 253(a) of the Telecommunication Act of 1996 (as may be amended), or other law;

2. There are special circumstances or exceptional characteristics applicable to the facility or the proposed location, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity containing similar facilities;

3. The proposed facility complies with all of the applicable provisions of this chapter and code, except for the requirement subject of the waiver request;

4. The proposed facility will not interfere with the use of the PROW;

5. The proposed facility can be mitigated so that its impacts do not result in a material change to the character of the location and relate harmoniously with the surrounding neighborhood;

6. The city engineer's decision shall not become effective until fourteen consecutive calendar days after it is served by first class mail upon the applicant, unless it is stayed as provided for in the appeal section of this chapter. The city engineer's decision is appealable to the city manager.

(Ord. 1934 § 1, 2008)