Hemet Municipal Code Art. II Excavations

Footnotes:

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Cross reference— Utilities, ch. 82.

It is unlawful for any person or his agents or employees to construct or lay pipelines or conduits upon, along, under or across the streets of the city, or to excavate, dig, open or tear up any portion of any such streets for the purpose of constructing, maintaining, operating or repairing any such pipelines or conduits, or to fill any opening and repair and restore the pavement thereover, except under the direction of the city manager or designee and in accordance with the provisions of this Code and other ordinances of the city and such rules and regulations as may be from time to time adopted by the city council.

(Ord. No. 73; Code 1984, § 13100; Ord. No. 2035, § 2, 6-25-24)

It is unlawful for any person to tear up, excavate, dig, open or remove any part of any street in the city without first obtaining a permit from the city manager or designee for such work. Applications for such work permit shall be made in writing.

(Ord. No. 73; Code 1984, § 13101; Ord. No. 2035, § 2, 6-25-24)

The application for a permit required by section 66-32 shall designate the streets or portions thereof where the proposed work is to be done, and, in case it is intended to construct laterals or connections with the main, the application shall be accompanied by a diagram or plat showing the location of such proposed laterals or connections and the direction and location thereof from the main to the curbline. The person applying for such permit shall also notify the city manager or designee, either personally or in writing, not less than 24 hours in advance of the time that the work is expected to begin; provided, however, that, in the event of accident or emergency requiring immediate action to prevent injury or damage to person or property, no such notice shall be required, but in that event the person shall notify the city manager or designee of the nature or kind of work done and the time when the work was completed within 24 hours after the completion of the work.

(Ord. No. 73; Code 1984, § 13102; Ord. No. 2035, § 2, 6-25-24)

The application for a permit required by section 66-32 shall contain an agreement on the part of the applicant that he will replace the earth, dirt, rock or other materials so excavated or removed so as to restore such street to as good a condition as before the opening or tearing up thereof. Such work of restoration shall be done under the supervision of the city manager or designee and subject to his approval. The city manager or designee shall be sole judge as to whether or not the terms of the application and permit have been complied with; provided, however, that, in all cases where the street or portion thereof upon which such work has been done is improved with a pavement having a concrete base or is macadamized, the work of replacing such concrete or macadam and the surface over the concrete or macadam shall be done by the city manager or designee, or under their direction, at the expense of the person to whom the permit was granted; and provided further that, in any event, the city manager or designee shall have the right when, in the exercise of his their discretion, they decide that the best interests of the city will be served thereby, to take charge of all filling or refilling or restoring of any streets of any character and have the filling or refilling done by parties other than the person to whom the permit was granted, and in that event the cost of such work shall be charged to the person to whom the permit is granted. A clause in such application to the effect that the applicant agrees to do the work in accordance with the provisions of this article shall be deemed to be specific agreement on the part of such applicant to all of its terms and conditions, the same as though each were specifically set forth.

(Ord. No. 73; Code 1984, § 13103; Ord. No. 2035, § 2, 6-25-24)

(a) Preparation of subgrade and construction of the structural pavement section shall follow immediately after excavation and shall be performed in an operation continuing through each working day, from the beginning of excavation to the placing of surfacing to match the grade of the adjacent pavement.

(b) At the end of each working day, if a difference exists between the elevation of the existing pavement and the elevation of any excavation within five feet of the existing traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of the existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the excavation.

(c) Any person, or the officers or manager of any corporation, violating or failing to comply with any of the provisions of this section, or the agent, representative or employee of such person in active charge or control of such work who may so violate or fail to comply with any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished in accordance with section 1-8.

(Ord. No. 73; Ord. No. 797; Code 1984, § 13104; Ord. No. 2035, § 2, 6-25-24)

Before any person is entitled to have a permit issued for doing any of the work upon the streets of the city described in this article, such person shall make application to the city manager or designee to designate for such applicant an alphabetical letter or mark, which shall be used in the manner and for the purposes set forth in this section. The city manager or designee, upon such application being made, shall designate a letter of the alphabet or mark for such person and keep a record thereof. Upon the installation of every service pipe or conduit, or the construction of any lateral or connection from the main to the curbline, the person excavating the public streets for such purposes shall cut into the curb immediately over such service pipe or conduit the letter of the alphabet or mark so designated to him, in a size not less than two inches in length, so as to correctly indicate the location of such service pipe, conduit, lateral or connection and the person placing the pipe, conduit, lateral or connection in position.

(Ord. No. 73; Code 1984, § 13105; Ord. No. 2035, § 2, 6-25-24)

No trench or excavation in the streets of the city shall be allowed or permitted to remain open for a longer time than is necessary to permit the proper construction of the work to be done, and it shall be the duty of the person doing such work to proceed with all diligence to complete the work. It shall be the duty of the city manager or designee to see that all filling, refilling and repairs to the streets are done as soon as possible and without unnecessary delay.

(Code 1984, § 13106; Ord. No. 2035, § 2, 6-25-24)

All pipelines or conduits upon, along or across the streets of the city shall be laid and constructed according to the following rules. All water pipes shall be laid at such depth that the top of the pipes shall not be less than 30 inches below the established grade of the street, and all gas pipes shall be laid at such depth that the top of the pipe shall not be less than two feet below the established grade of the street. All conduits for other purposes than conducting or conveying of water or gas shall be laid in accordance with such rules and regulations as may be prescribed by the city council.

(Ord. No. 73; Code 1984, § 13107; Ord. No. 2035, § 2, 6-25-24)

Every person who may be engaged in any work upon the streets of the city provided for in this article shall suitably protect all excavations made by him on or in any of such streets by such barriers or notices, or both, during such time, as may be required by the city manager or designee, and shall conspicuously display lighted lanterns or such other means of illumination as may be specified by the city manager or designee, which shall show a plainly visible red light during the nighttime along both sides of the excavation, or around the excavation if the excavation is approximately square or round. Such lanterns or lights shall be of such size and number as the city manager or designee may specify, but in any event sufficient to clearly illuminate and protect such excavation throughout its entire length, or to clearly indicate the size and shape thereof if such excavation is approximately square or round. Such lanterns shall be kept clean and filled and in first class repair, and they shall be lighted and kept lighted so as to protect the public from such excavation during the period between one hour after sunset and one hour before sunrise, and the holder of the permit shall see that they do so burn and be responsible therefor.

(Ord. No. 73; Code 1984, § 13108; Ord. No. 2035, § 2, 6-25-24)

Any person who may be engaged in excavating upon the streets of the city as provided in this article, or who may be engaged in the construction or repair of any street, including sidewalks, curbs, gutters and culverts, shall deposit or cause to be deposited all sand, gravel, rock, tools, implements, forms or other materials necessary and incidental to such work along such streets in such manner as to cause the least possible obstruction to the free use thereof and travel thereon, and shall, during the period between one hour after sunset and one hour before sunrise, cause to be conspicuously displayed upon each pile, heap or aggregation of such material a lantern or other means of illumination acceptable to the city manager or designee, showing a plainly visible red light.

(Code 1984, § 13109; Ord. No. 2035, § 2, 6-25-24)

Any person who may be engaged in any work, improvement or repair upon or along any of the streets of the city as provided in this article shall, immediately upon the completion of such work, with all diligence, proceed to remove from the street all residue or material of any kind that may remain after the completion of the work or improvement, together with all tools, implements, lumber, forms or other material which may have been used in or about such work or improvement.

(Ord. No. 73; Code 1984, § 13110; Ord. No. 2035, § 2, 6-25-24)

(a) It shall be unlawful for any person to excavate, cut, or open the pavement surface of any street within five years after acceptance of the street construction work by the city engineer, with the exception of seal coated or micro-surfaced streets, which shall be for a period of three years after acceptance of the work by the city engineer. This moratorium on street excavations shall not apply if the city manager or designee grants a street excavation permit for any of the following reasons.

(1) Excavation work that is mandated by city, county, state or federal legislation or that is required as a condition of approval to a city issued development permit;

(2) Utility service for development where no other reasonable means of providing service exists, as determined by the city engineer;

(3) For a prospect hole to verify utility depth or location;

(4) Excavations which are essential components of a regional project which will provide a substantial public benefit as determined by the city council;

(5) Written requests for state/federal mandated pipeline integrity inspections; or

(6) Other situations where the city manager or designee finds that the excavation is necessary for the public health, safety, or welfare.

(b) In the event of an emergency which endangers life or property, or for an emergency repair or modification which is necessary to prevent interruption of life essential utility services, excavation work may occur without first obtaining a permit; however, written application for a permit shall be provided the following business day.

(c) If a permit is granted by the city manager or designee for emergency excavation work as hereinabove described is performed, the following conditions shall apply:

(1) All restoration and repair work shall be performed in accordance with the most current trench, backfill, and pavement replacement detail standards in effect and as approved by the city engineer.

(2) Provide a written pavement life performance warranty in a form acceptable to the city, unless one is already provided through a franchise agreement with the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails at any time after the excavation (or joint operation excavation) has been completed, that person shall repair or reconstruct the subsurface and pavement to a condition to the satisfaction of the city engineer; and

(3) The person requesting the excavation permit or responsible for emergency excavation work shall submit an application for an excavation permit, pay all required fees, and comply with the provisions of this article.

(d) The moratorium on excavations shall apply in any area where the street pavement construction was completed five years prior to the effective date of the ordinance codified in this section.

(Ord. No. 2035, § 2, 6-25-24)