Lawndale Municipal Code Ch. 12.08 Excavations and Encroachments

A. It is unlawful for any person, firm or corporation, either as principal, agent or employee, to make or cause to be made any excavations in, upon or under the surface of any public highway in the city, or to dig in, plow up, tear up, fill, cover, disturb or change any portion of the same, or, in conjunction with such excavation, to construct or permit to be constructed, put upon, maintained or left thereon any obstruction or impediment to travel, or pile or place any materials thereon, or in any other manner encroach into the public highway without first obtaining a written permit from the city public works department. For purposes of this chapter, a public highway shall be any public street, public right-of-way or public place for the purpose of travel.

B. Applications for such permits shall be filed with the city public works department on forms provided by that department and shall be completed to include the following:

1. The name, address and principal place of business of the person, firm or corporation making the application;

2. The location, purpose, nature and exact dimensions of the proposed excavations or obstructions;

3. A plat, in duplicate, designating the location of the highway and excavations thereon, the dimensions thereof and any other information which may be requested by the city, provided, however, that the filing of a plat shall not be required when excavations are made for service connections or for the location of trouble in conduits or pipes or making repairs thereto;

4. The time during which it is estimated that the excavations, obstructions or encroachments will exist;

5. A signed statement evidencing that the applicant agrees to indemnify, defend and hold the city, its authorized agents, officers, representatives and employees harmless in accordance with the provisions of Section 2.64.040 of this code;

6. Evidence that the applicant possesses personal injury and property damage insurance with a minimum personal injury liability limit of five hundred thousand dollars per person and one million dollars per occurrence, and property damage limits of two hundred fifty thousand dollars per occurrence as specified in Section 2.64.020 of this code.

C. An application for a major improvement project permit shall in addition include those items identified in Section 12.08.110 and shall be processed and approved according to that section. A major improvement project is defined as any project, public or private, that has total construction-related costs of ten million dollars or more and that will require an encroachment permit for the purpose of entering and/or disturbing the public right-of-way in order to construct either public or private improvements associated with the underlying project.

(Prior code § 17-120; Ord. 544-87 § 1; Ord. 1197-23 § 2)

In addition to the requirements set forth in this chapter, the applicant, at the time of filing the application, shall pay a fee in such amount as may be established from time to time by resolution of the city council. No permit shall be issued until the fee has been paid.

(Prior code § 17-121; Ord. 544-87 § 1)

Any permit issued pursuant to this chapter may be subject to terms and conditions, including, but not limited to, the following:

A. That the city may make such changes to the proposed excavations, obstructions or encroachment as deemed necessary for the protection of the public highway, existing traffic patterns and the safety of persons using the public highway.

B. That the city may prescribe the hours during which the proposed excavation, obstruction or encroachment may occur in order to minimize any interfere with the traffic pattern within the city.

C. That the applicant (all references in this section shall mean and include the applicant's employees, agents, contractors, or subcontractors) agrees to replace, repave and restore the roadway at the place of the excavation, obstruction or encroachment to its condition prior to making the excavation, obstruction or encroachment or the roadway may be replaced, repaved or restored by the city at the applicant's expense, as determined by and to the satisfaction of the city engineer with the city determining in its sole discretion whether it will oversee the repair work itself, in which case the applicant shall reimburse the city for the costs of the repair work within thirty days after receiving an invoice detailing such costs. Should the applicant fail to pay the costs identified in the invoice, the city may act on the bond required in subsection BB.

D. That the applicant agrees to either remove any obstruction, encroachment or material placed upon the highway within the time period provided in the permit or pay the city for such removal after receiving an invoice for the same. Should the applicant fail to pay the costs identified in the invoice, the city may act on the bond required in subsection BB.

E. That the applicant shall install and maintain lights, barriers, warning signs or other measures designed to protect the public traveling upon such highway as described in Section 12.08.050; provided, however, that any omission by the city to so specify shall not excuse the permittee from observing any and all requirements of this chapter.

F. If applicable, the applicant shall provide city with a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission along with the permit application under this Chapter 12.08. If the applicant does not have a CPCN, the applicant shall cite to or provide other legal authority for it to install the proposed fiber or facilities in the right-of-way. If applicant uses the permit for purposes other than the services that are sanctioned by the CPCN or applicable law, the city reserves the right to charge the applicant full, fair and reasonable compensation for the use of the city's right-of-way and to impose other lawful requirements.

G. Streets, alleys, or sidewalks shall not be obstructed with material, equipment, or excavated materials except as expressly authorized under the permit.

H. The activity shall be conducted in a careful and prudent manner to avoid damage to public and private property, including trees, shrubs, plants or vegetation, utilities, sewers, storm drains or other installations; provided further, the permit expressly may authorize interference with city owned trees or vegetation.

I. During street excavations, pedestrian crossings shall be maintained at intervals not exceeding three hundred feet.

J. Access shall be provided to fire hydrants and water valves at all times.

K. Any excavation shall proceed in a manner which imposes the minimum annoyance and inconvenience to traffic, pedestrians and adjacent properties, and the excavation site shall, to the extent possible, be maintained free from dust and other construction related inconveniences.

L. The applicant shall first obtain a city issued business license in accordance with Title 5 of this code.

M. All work and entry upon, over, under or along the public right-of-way shall be done under the supervision of the applicant and its contractors in a good and skillful manner and must comply with all standards imposed by the city from time to time. The city may require supervision of any work under the permit and in such case, the applicant shall allow for any city employees, agents, or representatives to be present during all such work activities under the permit.

N. Any and all damage to other facilities or the right-of-way resulting from the activities of the applicant under the permit must be promptly repaired by the applicant, at its sole cost and expense, to return such facilities or right-of-way to a safe and satisfactory condition as directed by, and to the satisfaction of the city's director of public works. If the applicant does not make such repairs, the city has the option, upon thirty days' prior written notice to the applicant, to perform or cause to be performed all reasonable and necessary work on behalf of the applicant. In the event the damage presents a danger to the public health, safety or welfare, the city may provide shorter notice as it may deem appropriate given the circumstances. The city may charge the applicant for the costs incurred by the city. Upon receipt of a demand for payment by the city, the applicant must promptly reimburse the city for those costs. Should the applicant fail to pay the costs incurred, the city may act on the bond required in subsection W.

O. Any excavation, obstruction, or encroachment on the public right-of-way by the applicant must be monitored by the applicant for any lateral movement or other forms of trench failure.

P. The applicant must notify the: (1) city in writing; and (2) all owners and tenants of real property located within three hundred feet of any installation, excavations, repairs and/or maintenance work performed by the applicant at least seven business days prior to the commencement of any work. The applicant shall use an appropriate "door hangar" for notification, which shall include contact information for the applicant's representative for any questions that may arise, consistent with utility installation and construction industry practices. The notice shall be approved by the city prior to use.

Q. The applicant shall at all times remain in compliance with all local, state, and federal laws regarding public safety as well as any and all applicable or additional conditions placed by the city on the work performed under the permit as is necessary to preserve and protect the public health, safety and welfare.

R. The applicant shall promptly resolve technical interference problems with other equipment located at or near the place of the excavation, obstruction, or encroachment prior to the excavation, obstruction, or encroachment, as well as any interference problems arising from any equipment that becomes attached to the property near or at the excavation, obstruction, or encroachment location at any future date if the city approves the addition of equipment under the permit.

S. If the applicant desires to install a small wireless facility, any antennas or related equipment, in connection with the permit, the applicant shall be subject to and processed through the city's wireless telecommunications ordinance in Chapter 12.60, as amended from time to time, and any other applicable provisions of this code. No fiber, communications lines, antenna or related equipment shall be installed for the purposes of servicing a wireless telecommunications facility or small wireless facility (as defined in Section 12.60.020) unless and until the applicant has a city approved permit for the installation of said wireless facilities.

T. The applicant must not interfere in any manner with the existence and operation of any public or private right-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television and telecommunications facilities, utilities, or municipal property, without the express written approval of the owner or owners of the affected property or properties.

U. Any equipment installed above-ground within the city by the applicant must be covered in anti-graffiti surfaces, must be specifically identified on the permit and shall be of a design approved by city staff. Should any of the applicant's facilities be painted with graffiti, the applicant shall have five days from its receipt of notification by the city to remove the graffiti. Should such graffiti not be removed within five days, the city may cause the graffiti to be removed and shall submit an itemized statement of the costs to the applicant. Upon receipt of a demand for payment by the city, the applicant must reimburse the city for those costs within thirty days of receipt of the invoice. Should the applicant fail to pay the costs incurred, the city may act on the bond required in subsection BB.

V. The applicant shall comply with all city requirements regarding ground-mounted facility installations as well as any future regulations that may be adopted by the city respecting such installation that are consistent with the city's rights under Section 7901.1 of the California Public Utility Code and other applicable laws that are applied in a non-discriminatory fashion to similarly situated parties.

W. The applicant shall pay for all utilities used (and connections to utilities) in connection with the installation, operation and maintenance of the work under the permit. The applicant shall take utility access from the nearest possible connection, to minimize damage to the public right-of-way. When available, meterless utilities shall be utilized. No above ground meters are permitted in the right-of-way. The applicant shall maintain, in good operational condition, the work and any installations authorized under the permit.

X. The applicant, at its sole cost and expense, shall maintain any real property utilized by the applicant to access the applicant's facilities in connection with the permit in a safe and satisfactory condition as directed by, and to the satisfaction of, the city, including, but not limited to, removal of any debris generated by the applicant and replacement of any plants damaged or destroyed by the applicant.

Y. In the event that any of the applicant's facilities in connection with the permit cause damage to the public rights-of-way or interfere with the performance of any of the city's public duties or other uses of the right-of-way, the applicant agrees to promptly commence and complete all necessary repairs to cure any such damage caused by such facilities, at the applicant's sole cost and expense. At least forty-eight hours in advance of any work, the applicant shall notify: (1) the city in writing in accordance with this code and permit requirements; and (2) all owners and tenants of real property located within three hundred feet of any maintenance work performed by the applicant. If the applicant fails to repair the damage after receiving notice from the city or if an emergency necessitates immediate repair of the damage, the city may, in its sole discretion, perform the repair work itself, in which case the applicant shall reimburse the city for the costs of the repair work within thirty days after receiving an invoice detailing such costs. Should the applicant fail to pay the costs identified in the invoice, the city may act on the bond required in subsection BB.

Z. The applicant shall be solely responsible for payment of all personal property taxes, use taxes, and possessory interest taxes assessed upon and arising from its use and operation of the facilities in connection with the permit.

AA. From time to time, the city may change the grade, width or location of any portion of the right-of-way or improve any right-of-way in any manner, including the laying of any sewer, storm drain, conduits, gas, water, electric or other utility system, or other pipes owned or operated by the city or any other city-controlled public agency or city-controlled public utility, or move existing utilities where the applicant's facilities in connection with the permit are located to an underground location, or other work of the city and such work will, in the sole opinion of the city, render necessary any change in the position or location of any installation in connection with the permit of the applicant in or into the street, the applicant will, at its sole cost and expense, take any and all actions necessary to effect such change in position or location, in conformity with the written notice of the city to the applicant.

1. To the extent feasible and to the extent that the city is involved in any relocation or rearrangement, the city will provide the applicant with at least one hundred twenty days' written notice of any relocation or rearrangement of facilities in connection with the permit which the applicant is required to make pursuant to this section. Such written notice will specify, in reasonable detail, the work to be done by the applicant and will specify the time that such work is to be accomplished. In the event that the city changes the provisions of any such written notice given to the applicant, the applicant will be given additional time to accomplish such work.

2. If, after its receipt of such written notice, the applicant fails or refuses to relocate, within the time period identified in the written notice, its facilities in connection with the permit located in, on, upon, along, under, over, across or above any right-of-way or to pave, surface, grade, repave, resurface or regrade as required, then such facilities will automatically be deemed abandoned and the city or other public entity may cause the work to be done and will keep an itemized account of the entire cost thereof, and the applicant shall hold harmless the city, its officers and employees from any liability, claims or damages which may arise or be claimed to arise from the moving, cutting, or alteration of any of applicant's facilities in connection with the permit, or the turning on or off of water, oil, or other liquid, gas, or electricity. The applicant shall reimburse the city or other city-controlled public entity for such cost within thirty days after presentation to the applicant of an itemized account of such costs. Should the applicant fail to pay the costs incurred, the city may act on the bond required in subsection BB. Nothing contained in this subsection should be construed as a waiver to any rights that the applicant may have to collect funds, if available, under various California Public Utilities Commission "Rule 20" undergrounding project rules.

3. When rearrangement of the applicant's facilities in connection with the permit is done for the accommodation of any third-party, the cost of such rearrangement may be borne by the accommodated third-party. Notwithstanding the previous sentence, this subsection shall not be construed to require the city to move, alter or relocate any of its facilities upon any right-of-way, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation; nor shall this section require the city or any person, firm or corporation now or hereafter owning a public utility system of any type or nature, to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the applicant.

4. If the applicant has attached or connected its fiber lines to the facilities of other utilities or parties located in the public rights-of-way, such as light poles or telephone poles or is otherwise sharing such facilities pursuant to any lease, sublease or other agreement, then the applicant will be bound to relocate or remove its communication lines at the same time and in the same manner as such other utilities or parties at the applicant's sole cost and expense.

BB. Before any work under the permit may begin, the applicant shall provide the city with a performance and removal bond, which bond shall have a required dollar value as determined by the city engineer in its sole and absolute discretion. Moreover, the city engineer may demand, and permittee will comply with, an increase in the bond coverage to reflect the increased costs for a project to ensure adequate bonds are in place should the city engineer determine that additional bonds are required. The city engineer may demand, and developer will comply with, an increase in the bond coverage to reflect the increased costs for constructing any of the components to ensure adequate bonds are in place. To the extent such estimated costs exceed the estimated costs included on exhibit "B" for such component of the improvements, the bonds applicable to such component shall be increased by the difference.

The bond: (1) shall be executed by an "admitted surety insurer", as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California and reasonably acceptable to the city; (2) shall be kept in place for the duration that the applicant is in control of the facilities in connection with the permit; (3) is conditioned upon the performance by the applicant of all the terms and conditions under the permit and upon the further condition that if the applicant fails to comply with any terms or conditions of the permit including this section, there shall be recoverable jointly and severally from the principal and surety of the bond, including the full amount of any and all costs incurred by the city, as provided herein.

1. Upon the applicant's failure to pay the city any amount owing under the terms and conditions under the permit, and after any applicable notice and cure periods, the bond may be assessed by the city for purposes including, but not limited to:

a. Reimbursement of costs borne by the city to correct violations of the permit not corrected by the applicant.

b. To provide monetary remedies or to satisfy damages assessed against the applicant due to material breaches under the permit.

c. The fees and all costs incurred to remove, from the right-of-way, any installations that have been abandoned by the applicant, including work undertaken by a third party hired by the city.

d. To collect fees and charges that have not been paid by the applicant when owed.

2. The applicant must deposit a sum of money or a replacement instrument sufficient to replenish the bond to its original amount within thirty days after written notice from the city that any amount has been recovered from the bond. Failure to restore the bond to its full amount within thirty days will constitute a material breach under the permit.

3. If the bond is drawn upon, all of the city's reasonable costs of collection and enforcement of the provisions relating to the bond that are specified in this section, including reasonable attorneys' fees and costs, will be paid by the applicant.

4. The bond is subject to the reasonable approval of the city and must contain the following endorsement: "This bond may not be canceled until sixty days after receipt by city of Lawndale, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." A permittee may not allow a bond to expire until the city has agreed in writing that the work requiring the bond has been completed to the satisfaction of the city engineer.

5. The rights reserved by the city with respect to the performance bond are in addition to all other rights and remedies the city may have under the permit or any other law.

CC. As a condition of issuance of any permit issued pursuant to this section for work involving the construction of a structure within the public right-of-way, the permittee and legal owner of the adjacent property shall execute a recordable covenant running with the land, in a form approved by the city attorney, surrendering possession of the encroachment structure, and releasing the city from all claims in the event the city determines to widen or improve the street, alley, parkway, or other public place where the encroaching structure is situated. The costs for the city's work on the covenant agreement including the city attorney's time shall be paid by the permittee or its successor.

DD. Upon completion of any trenching operations and construction, including pavement breakage, excavation, installation, backfilling and patching, the permittee shall plate the trench, remove all debris, clean the street and pay the city the estimated cost to repay the street as determined by the city engineer. The city engineer has the sole discretion to determine when the repaving project will be undertaken.

(Prior code § 17-122; Ord. 544-87 § 1; Ord. 1169-20 § 1)

Upon compliance by the applicant with the foregoing conditions and requirements, the application shall be approved and the permit issued by the city public works coordinator or the coordinator's designee unless the issuance of the permit is contrary to the health, safety or welfare of the citizens of Lawndale. In determining whether to approve the application, the city may consider the effect that the proposed work will have on travel within the city. If approved, the permit and application shall be filed in the planning department, and the city public works coordinator or the coordinator's designee shall issue a written permit to the applicant to perform the acts approved in the application. No permit issued under this chapter shall be transferable. Every permit shall become void unless the work thereby permitted is commenced and thereafter diligently performed within sixty days from the date of the permit's issuance, unless a longer period is specified in the permit.

(Prior code § 17-123; Ord. 544-87 § 1)

A. Every person, firm or corporation making any excavation or erecting or leaving any obstruction in the public highway, or causing the same to be made, erected or left, shall place and maintain lights at each end of such excavation or obstruction, and at distances of not more than one hundred feet along the excavation or obstruction, from sunset of each day to sunrise of the next day, until the excavation is entirely refilled or the obstruction is removed; and every such person shall place and maintain barriers not less than three feet high and bearing on the front thereof, in letters not less than six inches high, the words "CAUTION: EXCAVATION" or "OBSTRUCTION," at each end of any such excavation or obstruction, at all times until the excavation is entirely refilled or the obstruction is removed.

B. Notwithstanding the foregoing, such person shall comply with any order of the city engineer or any law enforcement officer concerning lights and barriers for such excavation or obstruction.

(Prior code § 17-124; Ord. 544-87 § 1)

No excavation or obstruction shall obstruct the highway or road or any travel thereon more than is absolutely necessary.

(Prior code § 17-125; Ord. 544-87 § 1)

Upon the completion of the work under this permit, the applicant shall promptly and in a workmanlike manner refill the excavation or remove the obstruction in the highway, and it is unlawful for the applicant to fail to comply with this requirement. The material and method of backfilling shall be the same as stated in the standard specifications for public works construction, as adopted by the city, or such other method as shall be specified by the city engineer. Upon satisfactory completion of backfilling, the surface of the highway shall be replaced, restored repaved to its original condition and shall be made smooth, even and flush with the surrounding surface of the highway, without bumps or depressions, as approved by the inspector.

(Prior code § 17-126; Ord. 544-87 § 1; Ord. 557-87 § 1)

The provisions of this chapter do not apply to the city or any of the employees of the city in the discharge of their official duties.

(Prior code § 17-127; Ord. 544-87 § 1)

When an emergency situation endangering life or property exists, and excavation, obstruction or encroachment of or into the public highway would aid in remedying that emergency situation, any person, firm or corporation may make such necessary excavations, obstructions or encroachments without the permit required by this chapter, providing both that it was impractical to obtain the permit and that the person, firm or corporation complies with the conditions as soon as feasible. For the purposes of this chapter, it is feasible to obtain a permit when City Hall is open for business.

(Prior code § 17-128; Ord. 544-87 § 1)

On a newly paved, constructed, or reconstructed street, the pavement surface shall not be cut or opened for a period of five years after completion or from the recordation of a notice of completion for the road project. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of three years from recordation of a notice of completion for the road project.

The city engineer may grant exemptions to the moratorium for emergencies which endanger life or property or interrupt essential utility service; for work that is mandated by city, state, or federal regulation; when there is no other reasonable means of providing service to a building; or for other situations deemed by the city council to be in the best interest of the city. When granting exceptions to this regulation, the city engineer may impose conditions determined appropriate to insure the rapid and complete restoration of the street and street paving. Repaving may include street grinding, base and sub-base repairs, asphalt concrete paving overlay, striping or other related work as required by the city engineer.

Any person who is required to repave a street shall obtain a street improvement permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work. For concrete streets, repaving shall be from joint to joint of Portland cement concrete (PCC) pavement.

Pavement improvements shall be completed within ninety days of the completion of the work or project that required the pavement cut. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short-term factors, the city engineer may order a postponement until proper conditions allow for the restoration work.

(Ord. 1154-19 § 1)

A. An encroachment permit for a major improvement project shall be submitted for review and issuance by the city council. City council approval shall include such conditions as will mitigate the impacts of the encroachment into the public right-of-way and the disturbance of vehicular and pedestrian traffic, parking, and the general quality of life for city residents and businesses during and after the completion of the work associated with the permit.

B. At minimum, the applicant for a major improvement project encroachment permit shall repair, upgrade, replace or construct the city's public infrastructure adjacent to or as determined to be impacted by the major improvement project to the satisfaction of the city engineer. The foregoing shall include, but not be limited to, roadway/right-of-way, pavement (asphalt, concrete, curbs, sidewalk, driveways, etc.), bridges, traffic systems, and beautification components (hardscape, landscape, street furniture, etc.). Where appropriate and consistent with the purpose of this section, the applicant also may be required to repair, upgrade, replace or construct public infrastructure owned or maintained by the California Department of Transportation or other governmental entities.

C. The applicant for the major improvement project shall repair, upgrade, replace or construct such utility systems and infrastructure as are adjacent to, or as are determined to have been impacted by, the major improvement project. The foregoing shall include, but not be limited to, water, sanitary sewer, recycled water, electricity, gas, and information technology/fiber optics.

D. The applicant for the major improvement project shall enter into a maintenance agreement with the city for care and upkeep of the repaired, upgraded, replaced, or newly constructed public infrastructure and/or utility systems described above, at no cost to the city. The term of such maintenance agreement shall be dependent on the scope of the public infrastructure and/or utility systems included in the major improvement project.

E. The foregoing requirements, and such other conditions of approval as will mitigate the impacts of the work associated with the permit, shall be included in or attached to the city council's approval and shall be subject to enforcement by the city engineer. Completion of work pursuant to subsections B and C of this section is to be to the city engineer's satisfaction.

F. Due to the substantial staff time required to oversee the work subject to a major improvement project encroachment permit, a fee of ten thousand dollars shall be deposited with the city upon approval of the permit. That fee will be considered a "time and materials" fee subject to reimbursement if less than the full amount is utilized by city staff and the city engineer in overseeing and enforcing the permit. The fee may be increased by additional deposits as necessary to reflect actual costs.

G. The foregoing shall not apply to any pre-existing franchise agreement or other contract between the city and a utility provider where the agreement regulates the utility provider's encroachment into the public right-of-way. The foregoing also shall not apply to any agreement entered into by the city subsequent to the adoption of this section where the agreement specifically references this section and by its terms supersedes the application of this section.

(Ord. 1197-23 § 3; Ord. 1201-23 § 2)