Merced Municipal Code Ch. 12.28 Excavations

No person shall cut or open any public street, alley, lane, court or place in the city for the purpose of laying therein any water or gas pipe, box, flume, conduit, electrical or otherwise, or for any other purpose whatsoever, without first obtaining a permit in writing from the city engineer.

(Prior code § 24.58).

Whenever any person desires the privilege of cutting, opening or making any ditch, trench, hole or other excavation upon any public streets, lanes, alleys, courts or places in the city, he shall make an application in writing to the city engineer on a form to be furnished by him and set forth such information as may be required in the form and any additional information which may be required by the city engineer.

(Prior code § 24.59).

Before granting any permit, the applicant shall pay to the city a deposit in the amount determined by the city engineer as sufficient to cover the estimated expense of surface replacement, inspection and supervision of the work from its start to the completion of the work of replacement and repair of the area affected in the same condition that it was before the work was started; the amount shall be stated in the permit. Upon completion of the work, the finance officer shall determine the actual cost to the city of such work. Final acceptance of the work shall be withheld until all moneys due the city are paid. In the event the deposit exceeds the actual cost of the work, the difference shall be refunded to the applicant.

(Ord. 1223 § 4, 1978: prior code § 24.60).

Before granting a permit under this chapter, the city engineer may require the applicant to file with the division of engineering of the city, a satisfactory bond payable to the city in such amount as the city engineer deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this chapter, and further, to reimburse the city for any expense occasioned by any failure of repair occurring within one year from the completion of any work done by the permittee.

(Prior code § 24.63).

The city engineer is empowered to establish such rules and regulations as he may deem proper to be followed in the doing of any work, or incidental to any work, authorized under this chapter and to carry out the provisions hereof.

(Prior code § 24.64).

The city engineer may, in cases of emergency, waive the requirement for the application as set forth in this chapter, except the fee requirement, but in such event verbal authorization must be obtained from the city engineer to do any of the acts enumerated in this chapter.

(Prior code § 24.65).

Any person granted a permit under this chapter shall perform all of the work to the extent, in the manner, and in and during the time set forth in the permit in a good and workmanlike manner. He shall also repair and replace the area affected so that it will be in as goad condition as existed before the work was done. Such repair and replacement work shall also be done in a good and workmanlike manner. Any and all such work shall also be performed in such a manner as to minimize any inconvenience to individuals or the public and in general to protect the public safety and welfare.

(Prior code § 24.61).

If any permittee under the provisions of this chapter shall, in the opinion of the city engineer, cause unreasonable delay in the completion of the work as set forth in the application, in the permit and in Section 12.28.070, and such unreasonable delay, in the opinion of the city engineer, adversely affects the public convenience or safety, the city engineer, upon the giving of ten days' notice in writing to the permittee to perform the work immediately, may proceed with city facilities and labor or by any other facilities or means, to complete the work and charge the cost thereof to the permittee.

(Prior code § 24.62).