Lindsay Municipal Code § 12.04 Excavations And Obstructions Of Public Places

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

1. "Administrative authority" means the city manager or his delegated representative of the city.
2. "Excavation" means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.
3. "Facility" means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure, or object of any kind or character, whether enumerated in this subsection or not, which is or may be lawfully constructed, left, placed, maintained in, upon, along, across, under or over any public place.
4. "Person," as used in this chapter, means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, the state, the county, incorporated cities, all public districts and other political subdivisions of the state except the city, and any group or combination acting as a unit.
5. "Public agency" includes the United States and any department or agency thereof, the state and any department or agency thereof, the county and any department or agency thereof, incorporated cities, and all public districts and other political subdivisions of the state except the city.
6. "Public place" means any public street, way, place, alley, sidewalk, park, square, plaza, or any other public property owned or controlled by any governmental agency in a governmental capacity.
7. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other structure located below the surface of any public place.

(Ord. 360 § A (part), 1979: prior code § 00-1)

It is unlawful for any person to dig up, plow, remove or break the earth, soil, stone, pavement or other surface of any public place, or to make, or cause to be made, any excavation, or to construct, place upon, maintain or leave any material or any obstruction to the use of, or travel upon, any public place, or to install or maintain, or cause to be installed or maintained any tank, pipe, conduit, duct, tunnel, curb, gutter, sidewalk, driveway, roadway surface, storm drain, culvert or any other structure or installation of any nature across, upon, in or under any public place in the city unless an excavation permit is first obtained pursuant to the provisions of this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-2)

The administrative authority shall not issue, or permit to be issued, an excavation permit that does not fully comply with the provisions of this chapter, and no person shall make any excavation or fill any excavation in any public place without first obtaining a permit except as provided in this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-3)

1. The provisions of this chapter are not applicable to the installation of a mailbox. However, mailboxes shall be installed in accordance with the rules and regulations of the United States Post Office Department.
2. The provisions of this chapter are not applicable to a public agency which has the right under the laws of the state to perform work described in this chapter without following the procedure prescribed in this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-4)

The administrative authority may issue an annual blanket permit on a form prescribed by him for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed two feet in width and four feet in length, to the following:

1. A public utility regulated by the Public Utilities Commission of the state;
2. A person holding a franchise from the city.

(Ord. 360 § A (part), 1979: prior code § 00-5)

1. Application for an excavation permit required by this chapter shall be made on a form prescribed by the administrative authority. The application shall be signed by either the applicant, or by the contractor if the proposed work is to be done by a contractor, and shall include the following information:
2. The name and address of the applicant;
3. The name and address of the contractor if the proposed work is to be done by a contractor;
4. The location, purpose, extent and nature of the proposed work, including the dimensions of the installation, removal or obstruction for which the permit is sought;
5. The period of time when the proposed work will be performed, and the length of time which will be required to complete the work, including backfilling the excavation and removing all obstructions, material and debris;
6. Such other information, including plats, plans and specifications, and materials to be used in performing the work, as the administrative authority may require.
7. The application, when approved and signed by the administrative authority, shall constitute a permit.

(Ord. 360 § A (part), 1979: prior code § 00-6)

Before an excavation permit as provided in this chapter is issued, the applicant, or the contractor who is to perform the work, shall, at his own expense, secure from a reputable insurance company permitted to do business in the state, a policy of public liability and property damage insurance and provide evidence of same to the administrative authority.

1. The policy shall name the city and its officers, agents and employees as coinsureds and shall protect them from claims for damage or injury suffered by any person arising out of the work authorized by the permit and the manner of its installation or construction.
2. The insurance shall be in effect on the date that the work is commenced and shall expire not less than one year after the date on which the work is completed.
3. The policy of public liability and property damage insurance shall be in amounts not less than set forth by resolution of the city council.

(Ord. 360 § A(part) 1979: prior code § 00-7)

Before an excavation permit as provided in this chapter is issued, the contractor who will perform the work shall, at his own expense, file with the administrative authority a certificate of insurance evidencing worker's compensation insurance coverage.

(Ord. 360 § A (part), 1979: prior code § 00-8)

1. Before an excavation permit as provided in this chapter is issued, the applicant, or the contractor who will perform the work, shall, at his own expense, file a bond with, and in a form approved by, the administrative authority. The bond shall be a surety bond and shall be issued by a corporation duly and legally licensed to transact business in the state. The bond shall guarantee the performance of the work authorized in accordance with all of the provisions of the application, the permit and this chapter, and shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the performance of the work and for the term of one year after the completion of the work.
2. If an applicant, or the contractor performing the work, intends to perform more than one project requiring a permit under this chapter, the bond may be written so as to apply to more than one excavation permit, and it shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the period of one year after the completion of the work authorized by each permit.
3. The following bond amounts and bonding exceptions shall apply to both singular and multiple excavation permit applications:
4. The administrative authority shall fix the amount of the bond based on his estimate of the maximum cost or damages which the city might incur in connection with the work authorized by the permit or permits; provided, however, that the administrative authority shall not fix an amount less than two thousand dollars.
5. Public utilities operating under the supervision of the Public Utilities Commission, public utilities holding a franchise from the city, city departments and other governmental agencies may be relieved of the obligation of submitting such a bond by the administrative authority.

(Ord. 360 § A (part), 1979: prior code § 00-9)

Each applicant for an excavation permit shall agree to hold the city and its officers, agents and employees harmless from any and all causes of action, penalties, liabilities or loss resulting from claims or court actions arising out of any accident, loss or damage to persons or property occurring as a result of any work performed pursuant to the permit.

(Ord. 360 § A (part), 1979: prior code § 00-10)

If the applicant for an excavation permit complies with all of the provisions of this chapter and with all other applicable laws and ordinances, the administrative authority may issue the permit to the applicant. The permit granted by the administrative authority shall refer to this chapter and shall be granted subject to all of the terms and conditions which are set forth in this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-11)

When the administrative authority grants an excavation permit pursuant to this chapter, he may impose thereon such terms and conditions concerning the location, dimension or character of the work as he may deem necessary for the protection of the public place and to assure the safety of persons using it.

(Ord. 360 § A (part), 1979: prior code § 00-12)

If the applicant does not comply with all of the requirements of this chapter and with all other applicable laws and ordinances, the administrative authority shall deny the application for the excavation permit. If the administrative authority denies an application for an excavation permit, or issues a permit subject to conditions which the applicant believes to be unreasonable, the applicant may appeal to the city council for issuance of the permit. The city council shall thereafter determine whether the permit shall be issued to the applicant and the terms and conditions under which it shall be issued. The decision of the city council shall be final.

(Ord. 360 § A(part), 1979: prior code § 00-13)

Nothing in this chapter shall be deemed to make it mandatory for the administrative authority or the city council to issue an excavation permit, and, upon an appeal to the city council, the decision whether the permit will be issued, and the terms and conditions on which it is issued, rest solely in the discretion of the council, and the permit may be denied without cause.

(Ord. 360 § A (part), 1979: prior code § 00-14)

A permit fee shall be charged by the administrative authority for the issuance of an excavation permit. The fee for a permit shall be fixed by resolution of the city council.

(Ord. 360 § A (part), 1979: prior code § 00-15)

The excavation permit shall be kept at the site of the work and shall be shown, on demand, to all authorized representatives of the city and to all law enforcement officers.

(Ord. 360 § A (part), 1979: prior code § 00-16)

An excavation permit issued pursuant to the provisions of this chapter shall not be assigned or transferred by the permittee to any other person and any permit which is assigned or transferred by the permittee shall automatically become null and void.

(Ord. 360 § A (part), 1979: prior code § 00-17)

The administrative authority may revoke the excavation permit unless the work authorized therein is commenced within sixty days after the date of issuance of the permit, and is thereafter diligently prosecuted to completion. The administrative authority may revoke a permit pursuant to this section by sending written notice of the revocation to the permittee by ordinary mail at the address shown on the application for the permit, or by personal delivery of the written notice to the permittee.

(Ord. 360 § A (part), 1979: prior code § 00-18)

Immediately prior to the commencement of the work authorized by an excavation permit, the permittee shall notify the administrative authority by telephone or in person of the time when the work will actually be commenced.

(Ord. 360 § A (part), 1979: prior code § 00-19)

At any time prior to the completion of the work authorized by an excavation permit, the administrative authority may prescribe such additional conditions as he may deem necessary for the protection of the public place, and to assure the safety of persons using it.

(Ord. 360 § A (part), 1979: prior code § 00-20)

1. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the administrative authority may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary.
2. The written approval of the administrative authority may require that the permittee give notification to various public agencies and to the general public. In such case, the excavation permit shall not be valid until the notice is given.

(Ord. 360 § A (part), 1979: prior code § 00-21)

1. Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic.
2. Warning signs, barricades, lights, flagmen, etc., unless otherwise specified by the administrative authority, shall conform to the requirements of the "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways," published by the Department of Public Works of the state. It is the duty of every person cutting or making an excavation in or upon any public place to place and maintain the warning devices to protect the public safety.

(Ord. 360 § A (part), 1979: prior code § 00-22)

The excavation work regulated by this chapter shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the administrative authority.

(Ord. 360 § A (part), 1979: prior code § 00-23)

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along the sidewalk line.

(Ord. 360 § A (part) 1979: prior code § 00-24)

The permittee shall not interfere with any existing utility without the written consent of the administrative authority and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of the work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain, and protect them under, over, along or across the work. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, they shall be repaired by the agency or person owning them and the expense of the repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect them against damage.

(Ord. 360 § A (part), 1979: prior code § 00-25)

Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling or having an interest therein shall, within thirty days after such abandonment, file with the administrative authority a statement in writing giving in detail the location of the substructure so abandoned. If the abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove the abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body.

(Ord. 360 § A (part), 1979: prior code § 00-26)

The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of the property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the owner of the private property for such purpose and if he cannot obtain a license from the owner, the administrative authority may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public places or private property or highways resulting from its failure properly to protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before the work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having control of such property.

(Ord. 360 § A (part), 1979: prior code § 00-27)

The administrative authority shall not issue an excavation permit to remove a tree from a public place unless he determines that there is a good and sufficient reason for the removal of the tree. When a tree is removed pursuant to a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit and the hole shall be backfilled and tamped. All resulting debris shall be removed from the site and the public place shall be restored to its former condition.

(Ord. 360 § A (part), 1979: prior code § 00-28)

1. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the administrative authority shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
2. All materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the administrative authority. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the administrative authority to prevent the spreading of dirt into traffic lanes.
3. All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with "Trench and Tunnel Construction Safety Orders of the State of California," as they now or may hereafter exist.

(Ord. 360 § A (part), 1979: prior code § 00-29)

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the work. All cleanup operations at the location of the excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the administrative authority. From time to time, as may be ordered by the administrative authority and in any event immediately after completion of such work, the permittee shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting form the work, and upon failure to do so within twenty-four hours after having been notified to do so by the administrative authority, the work may be done by the administrative authority and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided by this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-30)

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

(Ord. 360 § A (part), 1979: prior code § 00-31)

1. Heavy duty pavement breakers may be prohibited by the administrative authority when the use endangers existing substructures or other property.
2. Saw cutting of portland cement concrete may be required by the administrative authority when the nature of the job or the condition of the public place warrants. When required, the depth of the cut shall be no less than one inch in depth; however, depths greater than one inch may be required by the administrative authority when circumstances warrant. Saw cutting may be required by the administrative authority outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.
3. Approved cutting of bituminous pavement surface ahead of excavations may be required by administrative authority to confine pavement damage to the limits of the trench.
4. Sections of sidewalks shall be removed to the nearest score line or saw cut edge.
5. Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.
6. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.
7. Cutouts outside of the trench lines must be normal or parallel to the trench line.
8. Boring or other methods to prevent cutting of new pavement may be required by the administrative authority.

(Ord. 360 § A (part), 1979: prior code § 00-32)

1. No person shall, without written permission of the administrative authority, install any substructure, except manholes, vaults, valve casings, culverts and catchbasins at a distance less than the following:
2. Streets. Thirty inches below the established flow line of the gutter. If the flow line is not established, then the depth shall be at a minimum of thirty inches below the surface of the outermost edge of the traveled portion of the street.
3. Parkway.
4. The minimum depth of any substructure shall be twenty-four inches below established gutter grade when the substructure parallels the parkway.
5. The minimum depth of any substructure shall be thirty inches below the top of the established sidewalk or curb when the substructure is at right angles to the parkway.
6. Other Public Places. The minimum depth of any substructure in any other public place shall be thirty inches below the surface; provided, however, that the administrative authority may permit a lesser depth in special cases.
7. Nothing in this section shall impose a duty upon the permittee to maintain such specifications as required in this section upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street.

(Ord. 360 § A (part), 1979: prior code § 00-33)

Fine material, free from lumps and stone, selected from the spoil shall be thoroughly compacted around and under the substructure to the upper level of the substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavements in lifts consistent with the type of soil involved and the method of consolidation being used. Broken pavement, large stones, roots and other debris shall not be used in the backfill. Each lift shall be flooded, jetted, rolled or tamped, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. The backfill shall be done in a manner that will permit the restoration of the surface to a condition equivalent to that in which it was prior to excavation. The administrative authority may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, the tests must show that the backfill material meets the minimum requirements as prescribed by the administrative authority. All expense of the tests shall be borne by the permittee.

(Ord. 360 § A (part), 1979: prior code § 00-34)

1. Permanent resurfacing of excavations may be made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the administrative authority, to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided. If temporary surfacing is provided, the top surface of the backfill shall be covered with two inches of bituminous material. The temporary paving material shall be cold mix, except that the permittee may use or the administrative authority may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the administrative authority, and shall keep it safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required by this chapter.
2. Acceptance or approval of any excavation work by the administrative authority shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required under this chapter for incomplete or defective work if discovered within twenty-four months from the completion of the excavation work. The administrative authority's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities pursuant to this section.

(Ord. 360 § A (part), 1979: prior code § 00-35)

Upon completion of the backfilling, and when required, temporary resurfacing of an excavation within a public place for the installation or removal of substructures, the administrative authority, at his option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this chapter, subject to administrative authority inspection, and shall be completed within a period of ninety days after the authorization to complete final resurfacing. The administrative authority may elect to do the resurfacing with city forces, in which event the cost of resurfacing shall be borne by the permittee.

(Ord. 360 § A (part), 1979: prior code § 00-36)

1. Subgrades shall be restored to that existing prior to the excavation or in accordance with standards for the construction of public places or new streets used by the city.
2. Portland cement concrete used in the repair of trenches shall not have a slump in excess of four inches.
3. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than five inches. Bituminous pavement shall be replaced at the same thickness as the existing pavement.
4. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than three and one-half inches and shall be of a color and texture of the adjoining sidewalk.
5. Expansion joints in portland cement patches shall be matched with saw cut lines.
6. Portland cement shall be finished to match the texture of that of the adjoining pavement.
7. Concrete shall be compacted by tamping, rodding or mechanical vibration.
8. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous type pavement.
9. Seal coats may be required by the administrative authority when the street has been seal coated or when it is a general practice of the local jurisdiction to seal coat bituminous type pavement.

(Ord. 360 § A(part), 1979: prior code § 00-37)

After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete the work and restore the public place to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.

(Ord. 360 § A (part), 1979: prior code § 00-38)

If in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require the excavation work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that the excavation work may be completed as soon as possible.

(Ord. 360 § A (part), 1979: prior code § 00-39)

Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property of for the location of trouble in conduit or pipe, or for making repairs; provided, that the person making the excavation shall apply to the administrative authority for such a permit on the first working day after the work is commenced.

(Ord. 360 § A (part), 1979: prior code § 00-40)

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and, during the hours of ten p.m. and seven a.m. shall not use, except with the express written permission of the administrative authority, or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Ord. 360 § A (part), 1979: prior code § 00-41)

Any monuments set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the administrative authority to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of them.

(Ord. 360 § A (part), 1979: prior code § 00-42)

The administrative authority shall make such inspections as are reasonably necessary in the enforcement of this chapter. The administrative authority shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.

(Ord. 360 § A (part), 1979: prior code § 00-43)

Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city shall file with the administrative authority within one hundred twenty days after the adoption of this chapter a map or set of maps each drawn to a scale of not less than one inch to two hundred feet showing in detail the location, size, description and date of installation, if known, of all substructures, except a service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of the person having any interest, and shall file with the administrative authority within fifty days after the first day of January of each and every year a corrected map or set of maps each drawn to such scale including all installations made during the previous year to and including the last day of such year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.

(Ord. 360 § A (part), 1979: prior code § 00-44)

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any excavation work.

(Ord. 360 § A(part), 1979: prior code § 00-45)

Upon the completion of the work authorized by an excavation permit, the permittee shall file with the administrative authority a notice of completion of the work on a form prescribed by the administrative authority.

(Ord. 360 § A (part), 1979: prior code § 00-46)

1. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punishable in a manner satisfactory to the court.
2. Each day that violation of this chapter continues shall be considered a separate offense.

(Ord. 360 § A (part), 1979: prior code § 00-47)