Imperial County Municipal Code Ch. 12.12 Excavations on or Near a Public Road

It shall be unlawful for any person, firm, or corporation to place, build, construct or erect any structure, thing or contrivance or to excavate, cut, fill in, upon, over, across, along, above and/or under any public street, road or highway including the sidewalks thereof except for the normal planting of grass, tree or shrubs unless and until a permit is issued to such person, firm or corporation by the road commissioner. However, public utility corporations having a franchise to operate within the limits of the county may, in case of emergency make excavations or cuts necessary for the preservation of life or property provided an application for a permit is made within twenty-four (24) hours after the office of the road commissioner is first opened subsequent to the making of such excavations or cuts, and provided such work is in compliance with all law in effect at the time in reference to same.

(Ord. 1370 § 2 (part), 2003)

Applications requesting issuance of permits pursuant to Sections 12.12.010 or 12.12.080 of this chapter shall be filed with the public works director together with the required fees.

(Ord. 1370 § 2 (part), 2003)

A. Applications for permits required by this chapter shall be accompanied by a fee as follows:

B. In addition to the basic permit fee, the following will apply:

C. Plan check fee: fifty percent (50%) of encroachment permit fee or eighty-five dollars ($85.00) minimum.

D. Blanket permit: seven dollars and fifty cents ($7.50) per location in reporting period.

E. Any unusual permit can require a deposit for estimated inspection time at option of the director of public works.

F. Work done without a permit, except as authorized under emergency circumstances, will be charged at double the above fees.

G. Reactivating an expired or extending the completion time period will have an additional fifty dollar ($50.00) fee.

H. Public agency applicants for either a routine permit or a major or blanket permit may elect to have the routine permit fee billed to them. In the event the public agency applicant elects to have the fee billed, they shall be required to pay an additional charge of fifteen dollars ($15.00) per permit.

(Ord. 1370 § 2 (part), 2003)

A. Upon presentation of nonprofit status the director of public works or designee may exempt the nonprofit organization from the encroachment permit fee for such activities as parades, walk-a-thons, bicycle races, or similar events.

B. Any city, county service area or the Imperial irrigation district may be exempted by the public works director or designee from paying any applicable encroachment fee if that agency grants a similar exemption to county in granting of encroachment permits.

(Ord. 1370 § 2 (part), 2003)

Except in excavations, cuts, or fills to be made to service connections and locating or repairing existing underground installations, there shall be filed with each application a drawing, plan or plat showing the nature, character and location of the structure, duct, conduit, pipe or thing to be placed, built or maintained in, upon, along, over, across, or under any public street, road, highway or sidewalk in the county of Imperial. If the road commissioner desires further information, he or she may require the applicant to furnish same. The road commissioner may make such changes in the application or plat as may be reasonably necessary for the protection and maintenance of the public streets, roads, highways and sidewalks or as necessary for the protection and convenience of the public using such facilities.

(Ord. 1370 § 2 (part), 2003)

There shall also be filed with each such application such evidence as may be deemed necessary by the road commissioner to satisfy the official that the party making the application has the right, authority and qualifications to file the same and to do the work defined in the application.

(Ord. 1370 § 2 (part), 2003)

Upon the approval of any application for a permit as stated herein before, the road commissioner may, prior to the issuance of any permit therefore, require such applicant to deposit with the county of Imperial:

A. Cash, certified check, cashier's check, or a surety bond approved by the county of Imperial, in favor of the county of Imperial in an amount equal to the cost as estimated by the road commissioner to cover the cost of repairing and restoring the street or highway in such manner as to place the same as near as possible to its condition as existing immediately prior to such excavation, cut, or other work, unless plans or permit conditions approved by the road commissioner require more stringent improvements, and the deposit shall be considered as a guarantee that such work will be properly completed and shall be retained by the county and not returned unless the work shall have been completed as provided herein and not so completed the county may and is authorized to use same or any part thereof to complete the work and charge the entire cost thereof against the deposit and/or bond and/or the applicant;

B. Comprehensive general liability insurance, employer's liability insurance, comprehensive automobile liability insurance, and property damage insurance to cover such liability and to insure the county of Imperial from any and all liability of every nature whatsoever connected directly or indirectly with such work. Such insurance shall be issued by a reliable insurance company approved by the county of Imperial in a sum not less than the minimum limits set forth as follows:

C. That should the applicant be a regular franchised public utility company operating within the county limits of the county of Imperial or such other financially reliable person, firm or corporation whom the road commissioner may determine, upon investigation, to have sufficient clear assets within the county of Imperial to be more than sufficient to cover the deposits, bonds, and guarantees provided for herein; then and in that event, the road commissioner may waive all or part of such requirement as provided herein upon such terms and conditions as may be reasonably provided; however, any such waiver shall not release any such party from any or all liability upon any of the obligations provided herein.

(Ord. 1370 § 2 (part), 2003)

The road commissioner is authorized to issue a blanket permit renewable annually to any public utility corporation or to any person, firm, or corporation permitting the installation of telephone, telegraph, electric power, gas line service connections and for ordinary maintenance of the existing facilities located or installed on, in, or along county public highways by any such public service corporation, person, or corporation lawfully entitled to do business.

A. Blanket permits shall not be issued, renewable annually, for new construction work. New construction is hereby defined to mean an extension of existing line facilities for a distance in excess of two thousand six hundred forty (2,640) feet.

B. In the event a blanket permit shall so issue as herein provided for, the same shall be issued on a form containing the same provisions in substance as contained in regular permit.

C. It is made the duty of every lawful holder of such a blanket permit to comply with all the provisions of the chapter with respect to type of construction, safety regulations and inspection, and such blanket permits may be revoked by the road commissioner at any time without notice in the event he or she shall find it to be for the benefit of the people of the county of Imperial to so revoke same. And in the event any such blanket permit shall be revoked, the road commissioner shall transmit by mail to the holder of any such permit a notice revoking such blanket permit and from and after the mailing of such certified copy, the blanket permit shall be deemed to be revoked, and the lawful holders thereof shall not thereafter make any construction or connections under the same.

(Ord. 1370 § 2 (part), 2003)

Upon complying with all of the requirements stated herein, the road commissioner shall thereupon issue to the applicant a permit to proceed with the work as requested in the application and the work shall be done in accordance with the terms and conditions of the approved application and permit.

A. The doing of any work under or by authority of a permit issued under the provisions of this chapter shall constitute an acceptance of the provisions hereof by the permittee of the conditions of any permit granted hereunder.

B. All work shall be planned and prosecuted with due diligence in a manner so as not to obstruct the street, road, or highway more than is actually necessary. All work shall conform to recognized standards of construction.

C. Where excavations have been made, the permittee must replace the highway to the same or better condition as it existed before the work started, unless plans or permit conditions approved by the road commissioner require more stringent improvements.

D. After any excavation or cut has been accomplished for the purpose intended, the work of refilling the excavation or cut shall be completed as soon as reasonably possible. Where excavations or cuts have been made in paved, improved or traveled sections of roadways, the backfill material shall be replaced in a manner that will provide density equal to that of the soil prior to excavations before the pavement or other improved surface is replaced unless plans or permit conditions approved by the road commissioner require more stringent improvements.

E. The street surface excavated or damaged shall be replaced by the permittee to as good or better condition as the same was in before such work was begun, unless plans or permit conditions approved by the road commissioner require more stringent improvements, and shall be maintained for a period of two years after the completion of the work performed under the permit during which two-year period the permittee shall repair and make good any injury or damage to any portion of the public street, road, highway or sidewalk which occurs as a result of work done under the permit including any and all injury or damage to the street, road, highway or sidewalk which would not have occurred had such work not been done.

F. It shall be the duty of every person cutting or making any excavation in or upon any public street, road, highway or sidewalk to take reasonable precaution to place and maintain at each end of such excavation and at a distance as directed by the road commissioner along the line thereof the following warning lights and barriers:

1. Barriers shall be not less than three feet high and the upper portion shall consist of a substantial sign approximately one foot high and four feet wide and bearing a sign complying with the following requirements:

a. The name of the person, firm, or corporation performing the work in letters not less than three inches high and neither yellow nor black on a background of alternate three-inch black and yellow stripes. The stripes shall be at an angle between forty-five (45) and sixty (60) degrees from horizontal.

b. The word "excavation" in letters not less than six inches high.

2. Warning lights shall be flares, torches, lanterns, electric markers or flashers and shall be used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Reflectors or reflectorized material may be used to supplement, but not to replace light sources. Electric markers or flashers shall be able to emit light at sufficient intensity and frequency to be recognizable at a reasonable distance.

3. Placement of all materials, material type and type of traffic-control devices, including but not limited to barriers, cones, signs, reflectors, markers and flashers shall be in accordance with the latest California Department of Transportation Traffic Manual.

G. In all cases where the structures, things and contrivances governed by this chapter are being constructed, built or placed upon a public street, road, highway or sidewalk, including wires being stretched above and across the same, the permittee must provide equivalent safeguards to the traveling public as specified and set forth herein for excavations or cuts.

H. If any work performed under the provisions of this chapter interferes with the established drainage system of any public street or highway, provisions shall be made by the permittee to provide proper drainage and erosion control to the satisfaction of the road commissioner.

I. All work shall implement best management practices ("BMPs") to address storm water pollution control concerns. All BMPs shall be approved by the road commissioner or his/her designee.

(Ord. 1370 § 2 (part), 2003)

In all cases where the excavations or cuts are to be made in a public road, street, or highway, the permittee must notify the road commissioner of the starting time of the job at least two days prior to commencing the work.

(Ord. 1370 § 2 (part), 2003)

Inasmuch as the work provided to be done in this chapter is to be done upon public roads, highways, streets and sidewalks and thereby may endanger the safety of persons and property thereupon, the board of supervisors of the county of Imperial may adopt from time to time pertinent rules and regulations relating to such work and all such work done under any permit so issued or work done after notice given or otherwise as provided herein shall be done in accordance with any and all such rules and regulations relating thereto and copies of all such rules and regulations shall be on file with the road commissioner and copy of same shall be delivered with any and all such permits upon request.

(Ord. 1370 § 2 (part), 2003)

If the work performed under the permit is done as herein provided, the deposit made for the issuance of the permit shall be returned to the applicant or his or her assigns following satisfactory completion of the work or after the expiration of the two-year period specified in Section 12.12.070 but if the work has or is not being done diligently and in a workmanlike manner, or if maintenance work is necessary during the two-year guarantee period, the road commissioner may give written notice to the permittee revoking the permit or informing him or her of work during the two-year guarantee period and causes such work to be done as is necessary to restore the public street, road, highway, or sidewalk to as good condition as the same was in before such work was begun and pay the cost thereof out of such deposit and return any balance of the deposit to the applicant, his or her successors or his or her assigns; provided further, however, that if no deposit was required of the permittee any expenses incurred by the county in restoring the public street, road, highway or sidewalk to as good conditions as the same was in before work authorized under the permit was begun or in maintaining the pavement over any excavation or cut during the two-year guarantee period may be covered by an action against the permittee in any court of competent jurisdiction together with reasonable attorney fees to be fixed by the court.

(Ord. 1370 § 2 (part), 2003)

Decisions or rulings of the road commissioner made in the administration of this chapter may be appealed to the board of supervisors by the applicant, permittee or other persons affected by such decisions or rulings.

(Ord. 1370 § 2 (part), 2003)

Every permit issued under this chapter shall be granted subject to the right of the county of Imperial, or of any person, firm or corporation entitled thereto, to use that part of such public street, alley, right-of-way or other public place for any purpose for which such public street, alley, right-of-way or other public place may lawfully be used.

(Ord. 1370 § 2 (part), 2003)

A. Whenever the road commissioner shall determine that it is reasonable and necessary that any property located in, upon, over or under any public street or sidewalk in this county, owned, maintained or controlled by any person, be temporarily disconnected and reconnected, or permanently moved, relocated or removed from any public street or other public place, in order that the county may install, construct, build or erect any public improvement or works in, on, over, under or along any public street; the road commissioner shall give written notice to the person owning, maintaining or controlling such property to move, relocate or temporarily disconnect the same, as may be determined by him or her.

B. Such notice shall identify and refer to the property to be moved, relocated or temporarily disconnected. When relocation of any such property is required, such notice shall designate the locations upon, over or under any public street or sidewalk to which the same shall be removed. It shall be the duty of such person, within ten (10) days after the giving of such notice, to begin the work of moving, relocating or disconnecting the property designated in such notice, and to prosecute such work diligently to completion. Nothing contained in this section shall apply to any improvement, work or works done by this county other than in a governmental capacity.

C. The road commissioner shall have power to move, relocate or temporarily disconnect any property located in, upon, over or under any public street or public place in this county, owned, maintained or controlled by any person, in the event such person shall neglect, fail or refuse, within ten (10) days after the giving of notice, as aforesaid, to begin the work of moving, relocating or disconnecting the same, or shall fail to prosecute such work diligently to completion. The cost necessarily incurred in doing the work by the road commissioner may be recovered by the county from the person owning, maintaining, operating or controlling the property.

(Ord. 1370 § 2 (part), 2003)

The permittee shall be responsible for any and all liability for damages proximately caused by any of the work herein permitted or proximately caused by the permittee's failure to perform his or her obligations under the permit. In the event any claim is made against the county, or any department, officer, or employee thereof, for damages arising out of the work or failure, the permittee shall and by acceptance of the permit does agree to defend, indemnify and hold them, and each of them, harmless therefrom.

(Ord. 1370 § 2 (part), 2003)