Irwindale Municipal Code Ch. 12.08 Excavations

The provisions of this chapter apply only to permits for the making of excavations, fills or obstructions.

(Ord. 91 § 1(j) (part), 1960: prior code § 7200).

A. No person shall make or cause to be made by excavation, fill, or obstruction of, or lay, construct or repair any curb, sidewalk, gutter, driveway, roadway, retaining wall, storm drain or culvert, highway light, highway lighting system, or public utility system, in, over, along, across, or through any street or public rights-of-way without first obtaining a permit from the city engineer to do so.

B. On each application the applicant shall sign a statement that he agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to person or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application.

C. The city engineer shall not issue any permit until all issuance fees have been paid in accordance with the provisions of this chapter, or as may have been determined by resolution of the city council.

(Ord. 143 § 1(A), 1964; Ord. 91 § 1(j) (part), 1960: prior code § 7201).

The application for a permit for the making of excavations, fills, or obstructions in any highway, or public rights of way shall state in detail:

A. The locations, dimensions, purpose, extent and nature thereof; and

B. The time during which it is estimated that such excavation or obstruction will exist.

(Ord. 143 § 1(B), 1964; Ord. 91 § 1(j) (part), 1960: prior code § 7202).

When excavations are made for service connections or for the location of trouble in conduits or pipes, or for making repairs thereto, the city engineer may waive the filing of a plat. Otherwise, each applicant for an excavation permit shall file with the application a plat in quadruplicate showing the highways or public rights-of-way in which the proposed excavation will be made, together with the exact locations and dimensions of the proposed excavations, and any other details which the city engineer requires.

(Ord. 143 § 1(C), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7203).

Each applicant for a permit shall file with the city engineer proof of the applicant's right to use the highways or public rights-of-way for the purposes set forth in the application.

(Ord. 143 § 1(D), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7204).

Every application shall contain a statement, signed by the applicant, that if any pole, tank, pipe, conduit, duct, or tunnel placed in the excavation or obstruction for which a permit is issued, interferes with the future use of the highway or public rights-of-way by the general public, then the applicant and his successors or assigns will, at his own expense, remove such pole, tank, pipe, conduit, duct, or tunnel, or relocate at a location designated by the city engineer.

(Ord. 143 § 1 (E), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7205).

The city engineer may make such changes in the application as to location, dimensions, character and number of the proposed excavations or obstructions as in his opinion are necessary for the protection of the highways or public rights-of-way within which it is proposed that the work is performed or for the prevention of undue interference with traffic or the safety of persons using such highways or public rights-of-way.

(Ord. 143 § 1(F), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7206).

A. Except in the case of construction under contract with the city where a faithful performance bond is posted which guarantees to the city the repair of the public rights-of-way, including construction financed in whole or in part by special assessments, each applicant for a permit, in addition to payment of the issuance fee, shall deposit with the city engineer a sum of money in no event less than ten dollars which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway or public rights-of-way which may be damaged or destroyed by the proposed excavation or obstruction.

B. In the case of applicants defined as public utilities by the Public Utility Commission of the state, no deposit or security shall be required unless the city engineer makes a written demand for deposit or security by subject applicant.

(Ord. 143 § 1(G), 1964: Ord. 91 § 1(j) (part) 1960: prior code § 7207).

In lieu of making the special deposit required by Section 12.08.080, the applicant may make and maintain with the city engineer a general deposit in an amount estimated by the city engineer to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavation or obstructions. The general deposit shall be held and used for the same purposes as the special deposit prescribed by Section 12.08.080.

(Ord. 91 § 1(j) (part), 1960: prior code § 7208).

In lieu of making either a general or special deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the city engineer in a penal sum not less than one thousand dollars executed either by two good and sufficient sureties or by a corporation incorporated for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings, complying with Section 1056 of the Code of Civil Procedure, and by the applicant conditioned upon the payment of all fees and other charges required by this chapter which may become due because of any permits issued during a period of not less than one year.

(Ord. 91 § 1(j) (part), 1960: prior code § 7209).

If, in the opinion of the city engineer, any special, general deposit, or any undertaking is not sufficient for the proper protection of the public interest in the highways or public rights-of-way in which it is proposed to excavate or on which it is proposed to place obstructions, the city engineer may require an additional deposit, or that the amount of the undertaking be increased to such an amount as he determines will be sufficient to protect the public interest.

(Ord. 143 § 1(H), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7211).

While a general deposit is maintained, or while an undertaking is filed, either or both of which are of an amount sufficient to cover the amount of deposit required for the making of any excavation or obstruction sought to be made, the applicant need not make any special deposit.

(Ord. 91 § 1(j) (part), 1960: prior code § 7210).

If any applicant for a permit complies in all respects with this chapter and with all applicable provisions of this code, the city engineer shall approve the application and the plat filed therewith. Upon approval, such application and such plat shall become public records.

(Ord. 91 § 1(j) (part), 1960: prior code § 7216).

When the city engineer approves an application for a permit he may issue the permit applied for. Permits issued hereunder are nontransferable.

(Ord. 91 § 1(j) (part), 1960: prior code § 7217).

The city engineer may cancel a permit unless the work therein permitted is commenced within sixty days of the issuance thereof and thereafter, in the opinion of the city engineer, and is diligently prosecuted to completion.

(Ord. 91 § 1(j) (part), 1960: prior code § 7219).

No permittee shall make or cause to be made any excavation, or construct, put upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway or public rights-of-way, or install or maintain or cause to be installed or maintained any pole, tank, pipe, conduit, duct, or tunnel in or upon, or under the surface of any highway, at any location other than that described in the application, as amended, if amended, by the city engineer, and shown in the plat filed with such application, or in any way contrary to the terms of the permit.

(Ord. 143 § 1(J), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7220).

The city shall deduct from any deposit made or maintained by the permittee:

A. The permit issuance fee if that has not otherwise been paid;

B. The cost to the city of refilling any excavation or removing any obstruction;

C. The cost to the city calculated pursuant to the provisions of subsection A of Section 12.08.080 of resurfacing the highway or public rights-of-way; and

D. The cost of any inspection by the city engineer.

(Ord. 143 § 1(I), 1964; Ord. 91 § 1(j) (part), 1960: prior code § 7212).

After making the deductions specified in Section 12.08.170, the city shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust moneys.

(Ord. 91 § 1(j) (part), 1960: prior code § 7213).

If any deposit made is less than sufficient to pay all fees and costs provided for in Section 12.08.170, the permittee shall, upon demand, pay to the city engineer an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full a permit shall not be issued to such permittee.

(Ord. 91 § 1(j) (part) 1960: prior code § 7214).

If a person makes and maintains with the city engineer either a general deposit or an undertaking as permitted by this chapter, the deductions provided for in Section 12.08.170 need not be made.

(Ord. 91 § 1(j) (part), 1960: prior code § 7215).

A. In any permit issued by him, the city engineer may specify what lights, barriers, warning signs or other measures designed to protect the traveling public must be erected by the permittee.

B. If the permit does not specify what lights, barriers, warning signs or other measures must be erected by the permittee, the permittee shall place and maintain warning lights at each end of such excavation or obstruction and at distances of not more than fifty feet along such excavation or obstruction from sunset of each day to sunrise of the next day, until such excavation is entirely refilled and resurfaced or such obstruction is removed, and every said person shall place and maintain barriers not less than three feet high at each end of any excavation or obstruction at all times until such excavation is entirely refilled or such obstruction is removed.

C. The upper portion of each of these barriers shall consist of a substantial sign approximately one foot high and four feet wide, and, on each side thereof, bear a sign complying with one of the following requirements:

1. In letters not less than three inches high and neither yellow nor black, bearing the name of the permittee, on a background of alternate three-inch black and yellow stripes. The stripes shall be at an angle between forty-five and sixty degrees from the horizontal; and

2. In letters not less than six inches high, bearing the word "EXCAVATION" or "OBSTRUCTION."

(Ord. 91 § 1(j) (part), 1960: prior code § 7218).

Immediately upon completion of the work necessitating the excavation or obstruction permitted by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction.

(Ord. 91 § 1(j) (part), 1960: prior code § 7221).

A permittee shall refill an excavation in the manner which the city engineer determines is most effective to accomplish thorough consolidation and enable the highway to be restored to a condition equivalent to that in which it was prior to the excavation.

(Ord. 91 § 1(j) (part), 1960: prior code § 7222).

If any permittee fails or refuses to refill any excavation which he has made, or remove any obstruction which he has placed in any highway or public rights-of-way, the city engineer may do so and charge the cost thereof to the permittee.

(Ord. 143 § 1(K), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7223).

Upon completion of the refilling of the excavation, the permittee shall so notify the city engineer, in writing, on a form prescribed by the city engineer.

(Ord. 91 § 1(j) (part), 1960: prior code § 7224).

Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the city engineer orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade.

(Ord. 91 § 1(j) (part), 1960: prior code § 7225).

If, after the refilling of an excavation, the permittee fails or refuses to resurface that portion of the surface of the highway or public rights-of-way damaged by him, or if the city engineer elects to do such resurfacing, the city engineer may do such resurfacing. The cost of such resurfacing shall be charged against the permittee, except in those instances where the permittee's excavation is within an area of pavement to be immediately reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement. The cost shall be computed as provided in subsection A of Section 12.08.080.

(Ord. 143 § 1(L), 1964: Ord. 91 § 1(j) (part) 1960: prior code § 7226).

If permittee fails or refuses to pay such additional costs upon demand, the city may recover such additional costs by an action against such permittee in any court of competent jurisdiction. Until such costs are paid, the city engineer shall not issue any permits to such permittee.

(Ord. 91 § 1(j) (part), 1960: prior code § 7227).

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pole, pipe, or conduit in or on any highway or public rights-of-way, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the city engineer are first opened subsequent to the making of such excavation.

(Ord. 143 § 1(M), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7228).

Every permit for an excavation in or under the surface of any highway or public rights-of-way shall be granted subject to the rights of the city, or of any other person entitled thereto, to use that part of such highway or public right-of-way for any purpose for which such highway or public right-of-way may lawfully be used.

(Ord. 143 § 1(N), 1964: Ord. 91 § 1(j) (part), 1960: prior code § 7229).