Los Altos Municipal Code Ch. 9.04 Excavations

The word "street," as used in this chapter, shall include all parking curbs and shoulders appurtenant thereto.

(Prior code § 7-1.01)

It shall be unlawful for any person to cut, scar, break, or otherwise disturb the surface of or obstruct any street, alley or public place in the city without a permit therefor issued by the city clerk. There shall be excepted herefrom utility pole holes, anchor holes and laterals by any utility under franchise from the city.

(Prior code § 7-1.02)

An application for a permit, as required by Section 9.04.020 of this chapter, shall be presented to the city engineer and shall give pertinent facts as required by the city engineer, including the width, depth and length of any ditch, trench, or excavation, the purpose thereof and the probable period of continuance of such ditch, trench, excavation or obstruction.

(Prior code § 7-1.03)

Before a permit is granted hereunder, the applicant shall pay a fee of one dollar ($1.00). Where trenches are opened or other work is done in other than streets being constructed, the permit fee shall be one dollar ($1.00) for each one hundred (100) lineal feet of such work.

(Prior code § 7-1.04)

The city engineer shall examine or cause to be examined the application and may grant a permit for the work if he is satisfied that the public intent will not be harmed and that the operation is reasonable and under due authority.

(Prior code § 7-1.05)

Before any work is begun under the permit, the person to whom the permit is granted shall post a bond in a penal sum of one thousand dollars ($1,000.00), executed by a responsible bonding company and guaranteeing to the city that full and faithful compliance will be had with every regulation and law of the city pertaining to the excavation or disturbance of the surface, and assuring adequate backfilling and restoration of the surface as the city engineer may require. Whenever such person shall already have on file

an adequate bond in a sum in excess of one thousand dollars ($1,000.00) in favor of the city, furnished as a guarantee to the performance of a franchise right covering the excavation work in question, such bond shall be accepted in lieu of the bond or deposit herein required.

(Prior code § 7-1.06)

Prior to commencing work under the permit hereby required, the holder shall also file with the city clerk a certificate of a responsible insurance company showing full and continuing coverage of the city in limits of one hundred thousand dollars ($100,000.00) from any liability to any one person or in limits of three hundred thousand ($300,000.00) dollars from any liability to more than one person for damages on account of injuries suffered by such person on account of such trench, ditch, excavation or other disturbance of the surface of any city street or other public way. The insurance company shall also certify that no cancellation of the policy shall be made without ten (10) days' notice thereof in writing to the city.

(Prior code § 7-1.07)

Any person granted a permit hereunder as a condition to the granting thereof agrees to proceed with dispatch and diligence to the prompt and efficient completion of any work of ditching, trenching, excavation or other nature under such permit, to keep protective notices and barriers as required by the city engineer or in sound safety practice, including warning lights or flares at a distance not less than every one hundred (100) yards from sundown until sunrise, and to backfill under such conditions as the city engineer shall prescribe and restore the surface of any street or public way to a smooth even surface within the earliest period reasonably possible.

(Prior code § 7-1.08)

The person making the excavation shall be deemed and held to guarantee the work of refilling and repair thereof for the period of two years after the refilling of such excavation against all defects in workmanship and materials. Whenever, within such period, any part of the pavement or surface of any public street or place so guaranteed becomes in need of repairs by reason of any defect in workmanship or material used in such work of refilling or repair, the city engineer shall serve on the person a written notice stating the repairs necessary and requiring such repairs to be commenced within ten (10) days after the service of the notice. The notice shall be served by registered or certified mail, return receipt requested, to the applicant for any permit or to a corporation operating under a franchise at the address given in the application. The bond as required by Section 9.04.060 of this chapter shall continue for the said two years and be conditioned for the fulfillment thereof.

(Prior code § 7-1.09)

Nothing in this chapter shall be construed to prevent any person maintaining a pipe or conduit in a public street, alley, or public place by virtue of any law or permit from making such excavations as may be necessary for the preservation of life or property when such necessity arises provided the person making such excavation shall obtain a permit therefor within five days thereafter.

(Prior code § 7-1.10)

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

(Prior code § 7-1.11)