Los Banos Municipal Code Ch. 2 Street and Alley Work

It is unlawful for any person to perform any work within the right-of-way of any street, alley, or other public property unless a permit for the proposed work shall have first been obtained from the City.

(§ 1, Ord. 428)

Applications for the permits required by the provisions of this chapter shall be made in writing prior to the commencement of the work and shall provide the following minimum information:

(a) The name and address of the applicant;

(b) The name, address, and telephone number of the person directly responsible for the work;

(c) A map, adequately dimensioned, showing the location, depth, and any other information required to positively identify and indicate the nature of the work and its location;

(d) The starting and completion dates of the proposed work; and

(e) A statement of the necessity of the proposed work, indicating why the proposed installation can or should not be located otherwise.

(§ 2, Ord. 428)

A fee shall be charged for each permit as specified in Table No. 1-A of Chapter 1 of the Uniform Building Code, as adopted in Section 8-1.01 of this code.

(§ 3, Ord. 428, as amended by § 1, Ord. 913, eff. April 4, 1997)

Before any permit required by the provisions of this chapter shall be issued to any person, firm, or corporation, other than a public utility having franchise rights within the City or a contractor having had a City business license in force five years before the date of the application for such permit, the applicant shall deposit with the City Clerk a bond, cashier's check, or certified check, in an amount approved by the Director of Public Works, as a guarantee for the faithful performance of the work specified in the application. Such bond or check shall be retained for one year following the completion of the work to guarantee the maintenance and repair of such work to the satisfaction of the City, normal wear and tear excepted.

(§ 4, Ord. 428, as amended by § 3, Ord. 759, eff. January 16, 1987)

The work shall be prosecuted in strict conformance with the statements set forth on the permit and the application for the permit required by the provisions of this chapter. Variations made from the permit shall be considered a willful violation of the provisions of this chapter. The Safety Orders of the Industrial Accident Commission of the State, State laws, and City laws applicable to the work shall be considered to be in full force and effect, even though not particularly enumerated in this chapter.

(§§ 5 and 6, Ord. 428)

An inspection shall be requested prior to beginning any work regulated by the provisions of this chapter. The City Inspector shall specify the various stages of the work when he wishes to be notified for inspections. The City Inspector shall revoke the permit and stop construction for noncompliance with any of the provisions of this chapter or the specifications for the work.

(§ 7, Ord. 428)

The safety of the public during the work regulated by the provisions of this chapter shall be guaranteed through the use of flares at not greater than 100 foot intervals, adequate barricades, flags, and other appropriate warning devices agreeable to the City Inspector. The permittee, upon written notice from the City Inspector, shall furnish additional safety devices when, in the opinion of the City Inspector, the safety of the public requires more protection than normally supplied or required by the provisions of this section. The City Inspector shall determine the safety requirements of the public, and his judgment shall be final.

(§ 8, Ord. 428)

The public inconvenience caused by the work regulated by the provisions of this chapter shall be minimized through proper and thoughtful procedure, bearing in mind the public inconvenience connected with such construction work. The work shall be completed within the time specified in the permit. Cuts, excavations, or other destruction of public property shall not be made until all material for the proposed work is delivered to the job site, stored locally, or is known to be immediately available to the installation.

(§ 9, Ord. 428)

The relocation of permitted facilities or their appurtenant structures, connections, outlets, and the like shall be at the sole expense of the permittee when such facilities or appurtenances conflict with improvements for the public convenience or the general good of the community.

(§ 12, Ord. 428)

The City shall be indemnified by the permittee paying to the City, upon demand, the cost of all repairs to public property made necessary by, or proximately resulting from, any operation of the permittee pursuant to the permit required by the provisions of this chapter, ordinary wear and tear excepted.

(§ 11, Ord. 428)

The following provisions shall govern excavations made pursuant to the provisions of this chapter:

(a) Cutting. The cutting of surfaces, pavements, curbs, or walks shall be as straight as possible in order that resurfacing difficulties may be minimized. Excavations shall be vertical below the edge of the surface cut. Excavations on cave-ins under pavement shall be considered a surface or pavement cut.

(b) Removal of excavated materials. All excavated materials shall be truck hauled from the site and disposed of by the permittee.

(c) Backfilling. Backfill shall be considered a critical element to regulate and govern the installation of underground facilities within publicly-owned rights-of-way. The backfill methods set forth in the Improvement Standards and Specifications shall be considered the absolute minimums.

(d) Surfacing. The surfacing shall conform to that in existence at the time the cut was permitted, except that a surfacing may be substituted, upon approval by the City, as being equal to, or better than, the previously existing surfacing.

(e) Maintenance. Maintenance by the permittee shall be required for one year after the date of the completion of the work. Such maintenance shall be performed upon notice by the City that maintenance is required. Any delay in performing the required maintenance shall be considered ample reason for the City to perform, or have performed, such required maintenance, and the City shall bill the permittee for the full cost of the work, plus the labor and materials directly chargeable to the deficiency but not included in the actual repair. Liability for the maintenance of all installations shall be the responsibility of the permittee, regardless of time limitations.

(f) Emergency repairs. Emergency repairs may be made by the City when, in its judgment, such repairs are an emergency and are necessary to safeguard the public. The permittee may be charged for such emergency repairs as determined by the City.

(g) Resurfacing by the City. Resurfacing and base material may be placed by the City upon the request of the permittee after the permittee has back filled to the elevation of the street surface pursuant to the provisions of this section. The costs for such resurfacing shall be set by resolution of the Council. The maintenance of the resurfacing performed pursuant to the provisions of this subsection shall not be chargeable to the permittee; provided, however, the permittee shall not be relieved of any responsibility or liability other than the resurfacing thus purchased.

(§ 13, Ord. 428, as amended by § 8, Ord. 732, eff. May 3, 1985)

The liability of the City and its officers and authorized agents and/or employees shall be protected by the permittee, and the permittee shall indemnify and hold harmless the City and its officers and employees from any damages or suits for damages arising from, or connected with, the granting of the permit required by this chapter.

(§ 10, Ord. 428)