Chapter 2 — STREETS AND SIDEWALKS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DIRECTOR. The Public Works Director of the city or an authorized agent or representative.

DEPARTMENT. The Public Works Department of the city.

INSPECTOR. The representative of the Public Works Director authorized to inspect work being performed under the provisions of this chapter.

('61 Code, § 7-2.01) (Ord. 37 C.S., passed 12-4-62)

No person shall grade, prepare, subgrade, pave, excavate, or construct sewers, drains, curbs, gutters, driveways, sidewalks, manholes, catch-basins or similar structures or works in any street, alley, or way, which street, alley, or way is dedicated or proposed to be dedicated for public use, within the city unless and until a permit for the work has been issued by the Department in accordance with the provisions of this chapter.

('61 Code, § 7-2.02) (Ord. 37 C.S., passed 12-4-62)

Any person desiring a permit under this chapter shall make application therefor to the department on the form prescribed by the department, setting forth the name and address of the applicant, details concerning the location, the nature, and extent of construction intended to be made, and the purpose for which such construction is to be made and used.

('61 Code, § 7-2.03) (Ord. 37 C.S., passed 12-4-62)

Each application for a permit shall be accompanied by a fee as set forth by resolution of the City Council, and each applicant shall pay for all work approved by the Director, such charges for inspection as fixed by resolution of the City Council, payable at the time of issuance of the permit. The application fee shall not be refundable. No application fee shall be required of city, county, or state departments.

('61 Code, § 2.04) (Ord. 37 C.S., passed 12-4-62; Am. Ord. 377 C.S., passed 12-31-81)

The construction of cement concrete sidewalks, curbs, or gutters shall conform to specifications on file in the department. Sidewalks shall be not less than four inches in thickness and not less than five feet in width. Curbs shall not be less than six inches in width at the top, 7½ inches in width at the bottom, 12 inches in depth, and with a six-inch curb face. Gutters shall be not less than six inches in thickness and 22½ inches in width. Such dimensions shall be minimum requirements and may be increased if, in the opinion of the City Engineer, it is necessary and required to conform to good design or to provide proper drainage facilities. The City Engineer may also authorize the use of a sidewalk of not less than four feet in width on existing developed streets in circumstances where the construction of a

sidewalk wider than four feet will require the acquisition of additional property or improvements, including but not limited to, trees, fences, minor structures, or the removal of existing buildings or portions of existing buildings. ('61 Code, § 7-2.05) (Ord. 37 C.S., passed 12-4-62; Am. Ord. 739 C.S., passed 7-3-02)

No permit under this chapter shall issue for work to be done in a city street unless the applicant carries the following insurance which shall be maintained for the full effective period of the permit and any renewal thereof:

(A) Bodily injury liability and property damage. Bodily injury liability and property damage insurance, including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage which may directly or indirectly arise from, grow out of, or be attributable to the permittee's operations or performance under the permit or contract, whether such operations be by the permittee or by any subcontractor or by any person directly or indirectly employed by either or any of them, in an amount not less than $100,000 for bodily injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than $300,000 on account of any one occurrence, and in an amount not less than $20,000 for property damage on account of any one occurrence; and

(B) Underground and collapse insurance. When excavations are to be made and the Director determines that the interests of the city require it, underground and collapse insurance in amounts to be specified by the Director, but not less than the above amounts, shall also be included.

(C) Insurance shall protect city. Such insurance shall name the city, and its officers, employees, and representatives, as additional insureds and protect them from any and all claims and actions for bodily injury, including accidental death, and for property damage arising from the use of the premises or facilities of the city and which may directly or indirectly arise from, grow out of, or be attributable to operations under the permit or contract. However, such insurance need not protect against injury or death occurring to any officer, employee, or representative while acting within the scope of his or her employment under the Workmen's Compensation Act.

(D) Notice of cancellation. Such insurance shall provide that it will not be modified, changed, or terminated until at least a ten-day written notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit.

(E) Exceptions to insurance and indemnity requirements.

(1) Governmental agencies. The federal and state government, or any political subdivision, agency, or department thereof, doing work directly with its own employees need not furnish the insurance prescribed by this section.

(2) Public utilities. Public utility companies with net assets of not less than $1,000,000 under the jurisdiction of the State Public Utilities Commission may, in lieu of the above insurance requirements, file annually with the City Clerk a statement in affidavit form, duly authenticated by its president or vice-president and secretary or assistant secretary, showing such net worth and indicating its election and agreement to be bound by the indemnification provisions of this section. Such election, when approved as to form by the City Attorney, shall constitute an agreement to indemnify and save harmless the city, its officers, employees, and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage arising from the use of the premises or facilities of the city and which may directly or indirectly arise from, grow out of, or be attributable to its operations or performance under the permit, as provided in § 7-2.06(C).

('61 Code, § 2.06) (Ord. 37 C.S., passed 12-4-62)

The person responsible for any work performed under the provisions of this chapter shall be licensed in accordance with the provisions of Cal. Bus. & Prof. Code Chapter 9 of Division 3 for the type or kind of work being performed.

('61 Code, § 7-2.07) (Ord. 37 C.S., passed 12-4-62)

The permittee shall commence the work authorized by the permit issued in accordance with this chapter within 60 days from the date of issuance unless a different period is stated in the permit. If the work is not commenced within 60 days or within the date stated in the permit, the permit shall become void unless, prior to the time for commencement, the date for commencement has been extended in writing by the Director. The permittee shall complete the work authorized by the permit before the expiration date shown on the permit unless such expiration date has been extended in writing by the Director. If the permittee commences work and fails to complete the work before the expiration date, the Director may cancel the permit and restore the right-of-way to its former condition or complete the work. All costs incurred by the Director in restoring the right-of-way or completing the work shall be deducted from the deposit or bond, if any, filed with the city by the applicant for the permit.

('61 Code, § 7-2.08) (Ord. 37 C.S., passed 12-4-62)

No changes may be made in the location, dimensions, or character of the work authorized to be done pursuant to a permit issued except on written authorization from the Director. All work described on a permit shall be completed unless the permit is changed in writing by the Director or unless the permit is cancelled and the right-of-way is restored to its former condition.

('61 Code, § 7-2.09) (Ord. 37 C.S., passed 12-4-62)

(A) Prior to the issuance of any such permit, the applicant shall deposit with the City Treasurer, through the department, cash, a certified check, or a cashier's check in the amount fixed by the Director as necessary to reimburse the city for the costs of inspection and performing the work should the applicant fail to complete the work or pay the required inspection fees. In lieu of such deposit, the applicant may file with the city a faithful performance bond issued by a company authorized to act as a general surety in the state. In lieu of a deposit or surety bond for a specific permit, the applicant may, upon approval of the Director, annually file with the city such an approved surety bond in an amount to be determined by the Director sufficient to reimburse the city for the cost of performing any and all work described in permits issued to the applicant should the applicant fail to complete the work described in those permits or pay the required inspection fees. The Director may limit the amount of work to be performed at any one time by an applicant or require an additional bond.

(B) The City Treasurer is authorized to refund the unused amount of any cash, certified check, or cashier's check filed as a deposit with the city upon notice from the Director that the work has been completed or that the permit has been cancelled.

('61 Code, § 7-2.10) (Ord. 37 C.S., passed 12-4-62)

The person performing work under the provisions of this chapter shall cause all work to be inspected by the Inspector and shall notify the Inspector at least 24 hours before the time set for such inspection. Work completed without giving such notice or request for inspection shall not be acceptable, and work done during the absence of the Inspector shall be subject to rejection. All work performed under this chapter shall be in conformance with applicable

plans, details, and specifications of the city and shall be done to the satisfaction and under the supervision of the Director.

('61 Code, § 7-2.11) (Ord. 37 C.S., passed 12-4-62)

All excess earth, debris, form lumber, waste material, or construction material not a part of the completed work shall be removed from the right-of-way by the person performing the work under the provisions of this chapter within three days after the completion of the work. If the same is not removed within such three-day period, the Director shall cause such debris to be removed and shall charge the applicant the actual costs thereof.

('61 Code, § 7-2.12) (Ord. 37 C.S., passed 12-4-62)

After the work described in the permit, and any authorized changes thereto, has been completed to the satisfaction of the Director, the Director shall issue to the applicant a notice of acceptance stating that the work has been completed in an acceptable manner.

('61 Code, § 7-2.13) (Ord. 37 C.S., passed 12-4-62)

It shall be the duty of any person making any excavation in any public street, road, alley, or place to place and maintain lights at each end of such excavation, and at distances not more than 50 feet along the line thereof, from sunset of each day to sunrise of the following day and to provide such other safeguards as shall be reasonably necessary to prevent damage by such excavation until such excavation is entirely refilled. ('61 Code, § 7-2.14) (Ord. 37 C.S., passed 12-4-62)

The person by whom an excavation in any street, road, alley, or other public place shall be made shall be deemed and held to warrant the work of refilling and repairing thereof for the period of one year after the refilling of such excavation against all defects in workmanship or materials.

('61 Code, § 7-2.15) (Ord. 37 C.S., passed 12-4-62)

(A) It shall be the duty of every person when such person shall own, use, control, or have an interest in any pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems under or beneath the surface of any public street, alley, sidewalk, or other public place, which pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems shall be used or provided for the purpose of supplying or conveying gas, oil, petroleum products, hydrocarbons, ammonia, water, steam, heat, sewerage, discharge of wastes, electricity, or communication circuits in, to, or from the city, or to or from any person situated within the city, or for any other similar purpose, to file in the office of the Department a map or set of maps each drawn to a scale of not more than 200 feet to one inch, which maps shall show the exact location, size, and description of the pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems, together with all mains, laterals, services and service pipes, valves, pressure regulators, traps, vents, manholes, handholes, transformer chambers, or other appliances, installed beneath the surface of the public streets, alleys, sidewalks, or other public places in the city

belonging to, used by, or under the control of such person, or in which such person has an interest, together with the date of installation of such improvement if such date of installation is known.

(B) It shall be the duty of every person owning, using, controlling, or having an interest in any pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems under or beneath the surface of any public street, alley, sidewalk, or other public place, which pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems shall be used or provided for the purpose of supplying or conveying gas, oil, petroleum products, hydrocarbons, ammonia, water, steam, heat, sewerage, discharge of wastes, electricity, or communication circuits in, to, or from the city, or to or from any person situated within the city, or for any other similar purpose, to file, on or before the first day of each and every March commencing on March 1, 1963, a corrected map or set of maps each drawn to a scale of not more than 200 feet to one inch, showing the complete installation or changes of all pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems, including all mains, laterals, services, service pipes, vents, valves, pressure regulators, traps, manholes, handholes, transformer chambers, or other appliances installed under or beneath the surface of the public streets, alleys, sidewalks, or other public places in the city belonging to, used by, or under the control of such person or in which such person has an interest. Such map or set of maps shall include all installations or changes made during the previous year to, and including the last day of, each such year.

(C) In the event a map or set of maps has been filed in accordance with this section, and on the last day of any year subsequent to such filing, no additional pipes, pipe lines, conduits, or other items referred to shall have been installed during such year, no new map shall be required, but in lieu thereof a statement from such person shall be filed with the department referring to such maps on file and stating that the same represents the pipes, pipe lines, conduits, or other items of the person submitting such statement and that no additional pipes have been installed. ('61 Code, § 7-2.16) (Ord. 37 C.S., passed 12-4-62)

Whenever any pipe, pipe lines, conduits, ducts, tunnels, or conveyor systems, or other structures located beneath or under the surface of any public street, alley, sidewalk, or other public place, or the use thereof is abandoned the person owning, using, or having an interest therein shall, within 30 days after such abandonment file in the office of the department, a statement in writing giving in detail the location of the pipes, pipe lines, conduits, ducts, tunnels, or conveyor systems or other structures so abandoned. Each map or set of maps filed pursuant to the provisions of this chapter shall show in detail the location of all such pipes, pipe lines, conduits, ducts, tunnels, or other structures abandoned subsequent to the filing of the last preceding map or set of maps. ('61 Code, § 7-2.17) (Ord. 37 C.S., passed 12-4-62)