La Palma Municipal Code Art. II Excavations

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State Law reference— Regional Notification Center System for protection of underground systems, Government Code § 4216 et seq.

A person who digs up, plows up, removes, or breaks the earth, soil, stone, pavement, or other surface of, or otherwise injures, any highway; or any person who makes or causes to be made any excavation or constructs, places upon, maintains, or leaves any material or any obstruction or impediment to travel in or upon a highway; or any person who installs or maintains or causes to be installed or maintained any tank, pipes, conduit, duct, tunnel, boring or any other installation of any nature across, upon, in, or under any highway shall be guilty of a misdemeanor unless such person has first obtained a permit to do so.

(Code 1975, § 22-9; Ord. No. 19, § 1)

State Law reference— Digging, taking, or carrying away any earth, soil, or stone from land in any City street, alley, avenue, or park, without the license of the City council is a misdemeanor trespass, Penal Code § 602.

Applications for permits required by this article shall be filed in writing with the City Engineer. The application shall be signed by the applicant and shall state:

(1) The name and address of the applicant;

(2) The location, purpose, extent, and nature of the proposed excavation, fill, or obstruction;

(3) The time during which it is estimated that the excavation, fill, or obstruction will exist;

(4) That the applicant agrees to indemnify, defend, and save the City, its authorized agents, officers, representatives, and employees, harmless from and against any and all penalties, liabilities, or annoyances or loss resulting from claims or court action and arising out of any accident, loss, or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application;

(5) That the applicant agrees that if any tank, pipe, conduit, duct, tunnel, or other installation of any nature or kind placed in the excavation, fill, or obstruction for which the permit is issued shall at any time in the future interfere with the use, repair, improvement, widening, or change of grade of the highway, the applicant, or his or her successors or assigns, within ten days after the receipt of a written notice from the City Engineer to do so, will at his or her own expense either remove such tank, pipe, conduit, duct, tunnel, or other installation, or, subject to the approval of the City Engineer, relocate them to a site which may be designated by the Engineer;

(6) Any additional information which the City Engineer may deem necessary for the proper disposition of the application.

(Code 1975, § 22-10; Ord. No. 19, § 1)

(a) The application shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruction, or fill, and any other detail which the City Engineer may require.

(b) Each applicant for permit shall submit to the City Engineer satisfactory proof of the applicant's right to use the highway for the purpose set forth in the application.

(Code 1975, § 22-11; Ord. No. 19, § 1)

The City Engineer may require such changes in the application respecting the location, dimensions, character, or number of the proposed excavations, fills or obstructions as in his or her opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway.

(Code 1975, § 22-12; Ord. No. 19, § 1)

Each application for a permit shall be accompanied by an issuance fee to be established by resolution of the City Council, no part of which shall be returned to the applicant regardless of the action taken on the application.

(Code 1975, § 22-13; Ord. No. 19, § 1; Ord. No. 78-16, § 1; Ord. No. 82-11, § 1)

Applications for permits hereunder shall be filed not less than two business days when the City offices are open before the work is proposed to be done.

(Code 1975, § 22-14; Ord. No. 19, § 1)

If the applicant for a permit complies in all respects with this article and with all other applicable laws, rules, regulations or ordinances of the City and of any other public agency and pays the fees and deposits required by this article, the City Engineer shall approve the application and issue the permit.

(Code 1975, § 22-15; Ord. No. 19, § 1)

The permit shall be subject to the following conditions:

(1) The permit must be kept at the site of the work and be shown on demand to any authorized representative of the City or any law enforcement officer.

(2) The permit shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction.

(3) All work shall be performed in accordance with the provisions of this article and of all applicable laws, rules and regulations of the City and any other public agency and to the satisfaction of the City Engineer.

(4) The permit shall be nontransferable.

(5) The City Engineer may cancel the permit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the City Engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending such notice to the applicant by ordinary mail to the address shown on the application.

(6) The City Engineer may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he or she may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to ensure the safety of persons using the highway.

(7) No work shall be permitted until marking of current utility locations is completed to the satisfaction of the City Engineer.

(Code 1975, § 22-16; Ord. No. 19, § 1)

A permittee shall not make or cause to be made any excavation; or construct, place upon, maintain, or leave any obstruction or impediment to travel; or pile or place any material in or upon the highway; or install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, or tunnel in, upon or under the surface of any highway, at any location, or in any manner other than that described in the application as approved by the City Engineer, or contrary to the terms of the permit or of any provision of this article.

(Code 1975, § 22-17; Ord. No. 19, § 1)

The City Engineer may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit hereunder.

(Code 1975, § 22-18; Ord. No. 19, § 1)

Unless the City Engineer shall have authorized the applicant to perform the resurfacing or repair of the surface of a highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant shall, in addition to the issuance fee, deposit with the City Engineer the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit required hereunder shall be in no event less than the amount established by Council resolution. The estimated costs, as well as the costs of restoration or repair, shall recover actual expenses, but in no event less than the amount established by Council resolution.

(Code 1975, § 22-19; Ord. No. 19, § 1; Ord. No. 78-16, § 2; Ord. No. 82-11, § 2)

In lieu of making the special deposit required by section 36-47, 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 excavations or obstructions.

(Code 1975, § 22-20; Ord. No. 19, § 1; Ord. No. 82-11, § 3)

In lieu of the special deposit required by section 36-47 or of making the general deposit as provided for in section 36-48, the applicant may, with the approval of the City Engineer, furnish a surety bond conforming in all respects to the requirements for surety bonds set forth in section 36-53, except that the condition of such bond shall be that the applicant will pay to the City upon demand all fees, costs or charges incurred by or due to the City under the provisions of this article.

(Code 1975, § 22-21; Ord. No. 19, § 1)

If the United States, this State, this City, any County, any municipal corporation, school district or other public body files with the City Engineer a written guarantee of payment of all costs for which they may become liable to the City hereunder, then no deposit for costs shall be required from such persons. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Government Code § 6103.

(Code 1975, § 22-22; Ord. No. 19, § 1)

(a) The City shall deduct from any deposit made or maintained by the permittee:

(1) The permit issuance fee if it has not otherwise been paid;

(2) The cost to the City of refilling any excavation or removing any obstruction;

(3) The cost to the City of resurfacing or repairing the highway, calculated pursuant to the provisions of section 36-47 or 36-48;

(4) The cost to the City of any additional repairs, as provided in section 36-60;

(5) The cost of any inspection by the City Engineer made necessary by the failure of the permittee to comply with any provisions of this article or the terms or conditions of the permit.

(b) After making the deductions specified in subsection (a) of this section, the City shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the City Engineer and applied to issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued hereunder unless a written demand for the balance is made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys.

(Code 1975, § 22-23; Ord. No. 19, § 1)

(a) If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall upon demand pay to the City Engineer an amount equal to the deficiency.

(b) If a permittee, upon demand, fails to pay any deficiency as provided in subsection (a) of this section or fails to pay any other costs due the City hereunder for which no deposit has been made, the City may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit hereunder shall not thereafter be issued to such permittee.

(Code 1975, § 22-24; Ord. No. 19, § 1)

In cases where the applicant is granted authority to make the repairs required under this article, the City Engineer may, in order to ensure the completion of such repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, that the minimum amount of such bond shall not be less than $1,000.00 nor the minimum period less than one year. The condition of such bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this article in a good and workmanlike manner and to the satisfaction of the City Engineer.

(Code 1975, § 22-25; Ord. No. 19, § 1)

Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling.

(Code 1975, § 22-26; Ord. No. 19, § 1)

All pipes and conduits laid parallel to the roadway shall be placed at least five feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the City Engineer. The shallowest portion of any pipeline or other facility shall be installed not less than 30 inches below the roadway surface.

(Code 1975, § 22-27; Ord. No. 19, § 1)

(a) In backfilling, there shall be no flooding of the trench within the upper 24 inches. All loose backfill shall be dampened and well tamped with a pneumatic tamper or in any other workmanlike manner satisfactory to the City Engineer to reduce all settlement to a minimum.

(b) All excavated material shall be cast away from the improved portion of the highway. After the work has been completed all excess material, including excess excavation, shall be removed from the right-of-way and the roadway left in a neat and orderly condition.

(c) All roadside drainage ditches shall be restored to a true grade and the intake and outlet ends of all culverts shall be left free from all excess material and debris.

(d) All approaches to private driveways and intersecting roads and streets shall be kept open to traffic at all times.

(e) Clay and earth which adhere to the paved surface of the roadway shall be removed by hand scraping, washing, and sweeping, or by any other method which will leave a clean non-skid surface without impairing, injuring or loosening the surface.

(f) All muck or mud resulting from water or any leaky condition will be removed and the excavation backfilled with the compactable material which is the most effective.

(Code 1975, § 22-28; Ord. No. 19, § 1)

The permittee shall take adequate precautions for the protection of the traveling public. Barricades, red lights, and warning signs, together with flagmen where necessary, shall be maintained until the excavation is refilled, the obstruction removed, and the roadway is safe for the use of the traveling public. The City Engineer may specify, as a condition of the issuance of the permit, the safety devices or measures to be used by the permittee; but the failure of the City Engineer to so specify the devices or measures to be used shall not relieve the permittee of his or her obligation hereunder.

(Code 1975, § 22-29; Ord. No. 19, § 1)

(a) Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this article, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the City Engineer. Upon completion of the refilling of the excavation and the removal of the obstruction, the permittee shall promptly resurface or repair any portion of the highway surface removed or damaged by the excavation or obstruction.

(b) All restoration work performed pursuant to the requirements of this section shall be performed in accordance with the provisions of this Article, the City's Standard Specifications for Excavation Restoration developed by and kept on file in the office of the City Engineer, and to the satisfaction of the City Engineer.

(c) If any permittee fails or refuses to perform the restoration work required by this section, the City Engineer may do so and the applicant shall promptly reimburse the City for the cost thereof.

(Code 1975, § 22-30; Ord. No. 19, § 1)

(a) Upon completion of the refilling of the excavation and the removal of the obstruction, the permittee shall promptly resurface or repair any portion of the highway surface removed or damaged by the excavation or obstruction, or the City Engineer may, at his or her option, elect to do the resurfacing or repairing himself or herself.

(b) Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface and in no event to a thickness less than two inches. 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.

(Code 1975, § 22-31; Ord. No. 19, § 1)

(a) If after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him or her, or if the City Engineer has elected to do such resurfacing or repairing, the City Engineer shall do so, and the permittee shall be charged with the cost thereof computed by the City Engineer as provided in sections 36-47 and 36-48, whichever in the judgment of the City Engineer will most fairly compensate the City for the expenses incurred by it.

(b) If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the City the cost of such additional repairs made by the City Engineer. The cost shall be computed by the City Engineer as provided in section 36-47 or 36-48, whichever in the judgment of the City Engineer will most fairly compensate the City for the expenses incurred by it.

(Code 1975, § 22-32; Ord. No. 19, § 1)

Nothing in this article prohibits any person 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 opened subsequent to the making of such excavation.

(Code 1975, § 22-33; Ord. No. 19, § 1)