Hermosa Beach Municipal Code Ch. 12.12 Street Excavations and Obstructions

Contents:

12.12.010 Permit to remove sand, dirt or gravel from streets.

12.12.020 Permit to make street excavations–Bond required.

12.12.030 Cash deposit in lieu of bond.

12.12.040 Inspection and approval of work–Restoration by city at permittee’s expense.

12.12.050 Appeal from action of superintendent of streets.

12.12.060 Unlawful deposits and obstructions in streets.

12.12.080 Mixing cement and mortar in streets.

12.12.090 Gates and doors opening on streets.

It is unlawful for any person to dig up, remove, cart hay or carry away any sand, dirt or gravel from any public street, place, park or other public property within the city without first having obtained a permit from the city manager. (Prior code § 29-1)

It is unlawful for any person to break, lower, remove in any manner, alter or disturb any street curbing or to make any excavations in any public street, alley or public place without first obtaining a permit so to do from the superintendent of streets, which permit shall be issued only under the following conditions:

1. That an application be made therefor on forms provided by the superintendent of streets and properly completed and executed;
2. That there shall be deposited with the superintendent of streets an amount of money, which in his opinion, will be sufficient to cover the cost of restoring the areas covered by such excavation to their original condition, or as may be required by him to conform to orders, rules, regulations or specifications adopted by the city council governing such matters, which deposit shall be applied towards the cost and the balance, if any, refunded to the applicant;
3. That the applicant for such permit shall agree to reimburse the city for the actual cost of restoring the area covered by such excavation or curb alteration to a condition satisfactory to the superintendent of streets as above set forth, and to hold the city harmless against any claim for damages of any nature growing out of such excavation or curb alteration. (Prior code § 29-2)

In lieu of making deposits as required in Section 12.12.020, any person desiring to make a number of curb alterations or excavations in streets, alleys or public places within one (1) year, may make a cash deposit of an amount, which, in the judgment of the superintendent of streets, will be sufficient to cover the excavations or curb alterations which such applicant may desire to make within a given period; provided, that in the case of excavations or curb alterations by public utility companies operating under franchises or under the jurisdiction of the public utilities commission, permit may be granted without such deposits, but in such cases the city shall bill such companies for the actual cost to the city of restoring the area covered by such excavations or curb alterations to a condition satisfactory to the superintendent of streets. (Prior code § 29-3)

Nothing herein shall prohibit any person from doing all or any part of the work called for in the permit; provided, that all such excavations or curb alterations shall be subject to the inspection and approval of the superintendent of streets, and if the area covered thereby is not restored to a condition satisfactory to the superintendent of streets, he shall at the expense of the permittee proceed to do such work as may be necessary to restore the area to a condition satisfactory to him. (Prior code § 29-4)

Any person feeling aggrieved by any action of the superintendent of streets taken under the provisions of this chapter may appeal to the city council within thirty (30) days after the completion of the work, and its decision relating thereto shall be final and conclusive. (Prior code § 29-5)

It is unlawful for any person, firm or corporation to permit any obstruction of any kind or character to be or remain on any public street, alley, sidewalk or public place, or to deposit or permit to remain thereon any rubbish, trash, refuse, junk or like material. (Prior code § 29-6)

It is unlawful for any person to mix, make, place or pile, or to cause or permit to be mixed, made, placed or piled, or to permit to remain any mortar, plaster or lime, or any similar substance or mixture, upon the surface of any paved public street, alley or other public place, or to cause or permit the same to remain at any place in such a manner that the same will fall or leak upon the surface of any such paved public street, alley or other public place; and it is unlawful for any person to cause or permit any mortar, plaster, lime or similar substance or mixture to fall or leak upon the surface of any such paved public street, alley or other public place in the city. (Prior code § 29-8)

All gates, doors or fence openings constructed or maintained by any person upon any property abutting on any paved or improved public alley in the city shall be so constructed that the gates, doors or fence openings shall open or swing in and over the property upon which they are constructed.

It is unlawful for any person to construct or maintain, or to cause or permit to be constructed or maintained any gate, door or fence opening so that the same or any part thereof opens over or swings over any portion of any public alley in the city which is paved with asphalt, concrete pavement or is graded and improved in any other manner. (Prior code § 29-9)