Monrovia Municipal Code Ch. 12.08 Excavations

(A) It shall be unlawful for any person to make, or to cause or permit to be made, any excavation in or under the surface of any public place for the installation, repair or removal of any pipe, conduit, duct or tunnel or for any other purpose without first obtaining from the street superintendent a written permit to make such excavation and paying all fees for permit, inspection and trench resurfacing.

(B) The person intending to make an excavation shall make a written application, which shall contain the name and the residence or business address of the person making such application and shall state in detail the location and area of each excavation intended to be made. If required by the Superintendent of Streets, such application shall be accompanied by a plat in duplicate showing the location of each proposed excavation, the purpose for which the same is to be used, and such other details as the street superintendent may require to be shown upon such plat; provided, however, that the filing of plats shall not be required when excavations are made for service connections for the location of trouble in conduits or pipes or for making repairs thereto.

(`83 Code, § 12.08.010)

(A) Upon the presentation to the Street Superintendent of the receipt of the City Clerk showing the payment of all sums required to be paid to the City Clerk under any of the provisions of this chapter, and upon the filing of duplicate plats when such plats are required, the Street Superintendent shall issue a written permit to make such excavation, provided however, that whenever a permit for any excavation has been issued the street Superintendent may refuse to issue other permits for excavations in such street or alley until such excavation is made and refilled, if in his judgment such additional excavations shall interfere with the public use of such street or alley or travel thereon.

(B) Such permit shall specify the person to whom the same is issued, the street, alley or other public place and the particular portion or portions thereof to be excavated and the extent of such excavation.

(C) No permit is transferable.

(D) Every such permit for any excavation shall become and be void unless the excavation to be made pursuant thereto is commenced within five days from the date of the issuance of such permit and the work to be done pursuant thereto shall be done and the excavation refilled in the manner required by this chapter within five days after the work of such excavation is commenced and nothing herein contained shall be deemed or construed to allow a longer period of time therefor.

(E) Every such permit for any excavation mentioned in § 12.08.010 shall become and be void unless the excavation to be made pursuant thereto is commenced within ten days from the date of issuance of such permit and the work to be done pursuant thereto shall be done and the excavation refilled in the manner required by this chapter within 30 days after the date of the issuance of such permit; provided, however, that the Street Superintendent may grant a reasonable extension of time for a period not exceeding 30 days for the performance of such work and the refilling of any excavation mentioned in § 12.08.010, whenever the Street Superintendent shall deem good cause exists therefor, and provided further, that if any such extension of time be granted such permit shall become and be void unless all such work shall be done and such excavation refilled in the manner required by this chapter prior to the expiration of such extension of time.

(`83 Code, § 12.08.020)

(A) No excavation permits shall be issued for streets, sidewalks, or public places that have been paved or reconstructed within the previous five calendar years, or sealed or coated within the previous three calendar years. For the purpose of this section, the time shall be measured from the date the Notice of Completion for the applicable project was recorded.

(B) Exceptions to the prohibition set forth in division (A) of this section shall be as follows:

(1) Emergency excavations that are immediately necessary to protect life or property;

(2) Repairs or modifications that are necessary to prevent the interruption of essential utility service;

(3) Excavations necessary to provide utility service for buildings or properties where no other means of providing service exists;

(4) Work that is mandated by city, state, or federal law or regulation, and

(5) Excavations deemed by the City Council to be in the best interest of the general public.

(C) Work deemed by the utility provider to be necessary to resolve a situation that endangers life or property may be completed without prior approval or permit from the city. In these instances, a permit application must be submitted to the City Engineer by the end of business on the first business day following the work.

(D) For any excavation permitted pursuant to divisions (B) and (C), all excavations and repairs shall be completed in accordance with the City of Monrovia trench repair standards, which are approved by the Director of Public Services. The standards set forth in the trench repair standards include provisions for (without limitation):

(1) The two inch grind and overlay of disturbed asphalt within the impacted area and any area adjacent to the disturbed area as determined by the City Engineer.

(2) The application of roadway seal or coating comparable to that removed or excavated to the impacted area and to any adjacent area adjacent to the disturbed area as determined by the City Engineer.

(3) The replacement of all concrete within the disturbed area and any area adjacent to the disturbed area, to the nearest control joints, as determined by the City Engineer.

(Ord. 2017-01 § 1, 2017)

It shall be unlawful for any person to make or to cause or to permit to be made, any excavation or to install or maintain or to cause or permit to be installed or maintained any tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plats filed by such person as required by the provisions of this chapter.

(`83 Code, § 12.08.030)

Any person intending to make any excavation in any street, alley or other public place in the city shall pay all fees as established by the City Council.

(`83 Code, § 12.08.040)

(A) All excavations shall be refilled in the following manner:

(1) In streets or alleys which have not been macadamized, paved or oiled, and where water is available, and where in the opinion of the Street Superintendent the material excavated can be properly settled by the use of water, the trench may be filled to within not less than one foot from the surface and shall then be thoroughly flooded and the material settled by poling or with shovels.

(2) If required by the Street Superintendent the filling shall be settled at not more than two intermediate depths to be determined by the Street Superintendent before it is brought to within one foot of the surface.

(3) After the material has been allowed to settle, the trench shall be filled to the surface again, flooded and then allowed to settle.

(4) It shall then be filled four inches above the surface of the street and all trenches running parallel to the street shall be thoroughly rolled by the person, firm or corporation refilling such excavation, and with a roller weighing not less than five tons.

(5) If the street, alley or other public place where such excavation is made has been macadamized, paved or oiled, the macadam, pavement or oiled surface removed therefrom shall be kept separate from all other material.

(6) The trench shall be refilled in the manner provided in this chapter, two inches above the surface of such macadamized, paved or oiled street or alley, and all trenches running parallel to the street or alley shall then be rolled by the person refilling such excavation, with a roller weighing not less than five tons.

(7) When such refilling is in proper condition the macadam, pavement or oiled surface torn up or damaged by such excavation shall be replaced by the Superintendent of Streets in accordance with the specifications then in use by the city, for the laying of pavement of the character of that which has been removed.

(8) In all cases where a pipe not exceeding four inches in diameter is placed in an excavation, all the material removed from such excavation shall be replaced therein.

(9) Any surplus material not required in refilling trenches shall be promptly removed by the person, firm or corporation to whom the permit was granted.

(B) Tunnels will be permitted in all excavations in any street or alley between curbs; provided, however, that all such tunnels shall be entirely cut down before same are refilled. No tunnel shall exceed four feet in length.

(`83 Code, § 12.08.050)

(A) It shall be the duty of every person making any excavation in any public street, alley or other public place to maintain safe crossings for vehicular traffic at all street intersections and safe crossings for pedestrians at intervals of not more than 300 feet. If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants. All excavated material shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to the public traffic. All gutters shall be maintained free and unobstructed for the further depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

(B) It shall also be the duty of every person making any excavation in any public street, alley or other public place to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents, and also to place and maintain lights at each end of such excavation and at distances of not more than 100 feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled; and it shall be unlawful for any person to fail, refuse, or neglect to comply with any requirement contained in this section.

(`83 Code, § 12.08.060)

The decision of the Street Superintendent as to the cost of any work done or repairs made by him or her or under his or her direction pursuant to the provisions of § 12.08.040 shall be final and conclusive as to such cost.

(`83 Code, § 12.08.070)

The City Clerk shall deposit at least once each week in the city treasury all moneys received by him or her pursuant to this chapter.

(`83 Code, § 12.08.080)

All excavations, refilling of excavations and rolling the same pursuant to the provisions of this chapter shall be made under the supervision and direction of the Street Superintendent. It shall be the duty of the Street Superintendent to supervise and direct all such excavations, refilling and rolling of the same, and to require that all such excavations, refilling and rolling the same comply with the requirements of this code and any ordinances of the city.

(`83 Code, § 12.08.090)

It shall be unlawful for any person to install, or to cause or permit to be installed any service pipe or main pipe conduit, duct, tunnel or other structure, except manholes, culverts and catch basins, in any public place at a distance of less than two feet below the established grade of such public street or alley or if the grade has not been established less than two feet below the surface of such street, alley or other public place.

(`83 Code, § 12.08.100)

(A) It is hereby made the duty of every person owning, using, controlling or having an interest in pipes, conduits, ducts, or tunnels under the surface of any public place for supplying or conveying gas, electricity, water, steam, heat, ammonia or oil in, to or from the city, or to or from its inhabitants or for any other purpose, to file in the office of the City Engineer a map or set of maps, each drawn to a scale of not less than 200 feet to one inch, which said map or set of maps shall show in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, traps, manholes, hand-holes, 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 any interest. It shall also be the duty of every such person to file, within 15 days after the first day of January of each and every year after January 1, 1913, a corrected map or set of maps, each drawn to a scale of not less than 200 feet to one inch, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year, to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or by a member of such firm, or by the President or Secretary of such corporation, to the effect that the same correctly exhibits the details required by this chapter to be shown thereon.

(B) Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place or the use thereof is abandoned, the person owning, using, controlling or having an interest therein, shall within 30 days after such abandonment, file in the office of the City Engineer a statement in writing, giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.

(C) It shall be unlawful for any person to fail, refuse or neglect to file any map or set of maps at the time, and in all respects as required by this section.

(`83 Code, § 12.08.110)

(A) It shall be unlawful for any person to make, or cause or permit to be made, any excavation in any unimproved public street, alley or other public place, for the purpose of removing soil or gravel therefrom, or to remove or to cause or permit to be removed therefrom, any soil or gravel, without first obtaining a permit in writing from the Street Superintendent to do so, as provided in this section.

(B) Any person desiring to remove any soil or gravel from any unimproved public street, alley or other public place, or to make any excavation therein for the purpose of removing soil or gravel therefrom, shall make a written application therefor to the Street Superintendent, which application shall state the place where such excavation is proposed to be made or where such soil or gravel is proposed to be removed, the extent of such proposed excavation and the quantity of soil or gravel proposed to be removed. The Street Superintendent shall have power to grant or refuse such permit as in his or her judgment the public interest or convenience may require. If such application is granted, the Street Superintendent shall issue a written permit to the applicant therefor, which permit shall specify the place where such excavation may be made and the extent thereof, or the place from which soil or gravel may be removed and the quantity to be removed, and the time within which such work shall be commenced, done and completed; provided, however, that if the grade of any such unimproved public street, or alley, or other public place has been established, no permit shall be issued to make any excavation therein, or to remove any soil or gravel therefrom below the established grade, and provided further, that no material shall be removed from any public street, alley or other public place in such a manner as to render such street, alley or other public place impassable or dangerous to public travel.

(C) Before any permit is granted pursuant to the provisions of this section, the applicant therefor shall pay to the City Clerk the sum of $0.05 per lineal foot of street, alley or other public place along which a permit to excavate is issued, and shall also make a deposit with the City Clerk to cover the cost of inspection, as specified in this section. Such applicant shall also secure and deliver to the City Clerk a good and sufficient bond in favor of the city with two or more sureties to be approved by the City Clerk, in such amount as the City Clerk shall determine, which bond shall be conditioned that the work to be done pursuant to such permit shall be performed in a good and workmanlike manner, in strict accordance with the provisions of this chapter and to the satisfaction of the Street Superintendent. Such bond shall also be conditioned that the person named in the permit will save the city harmless from any and all loss or damage that may be sustained by any person by reason of the making of such excavation or the removal of such soil or gravel. Such bond shall inure to the benefit of any person who shall sustain any loss, damage or injury by reason of the making of such excavation or the removal of such soil or gravel.

(D) No such permit shall be issued unless there is first filed with the Street Superintendent a waiver of damages, signed by all owners of property fronting upon that portion of the street along which it is proposed to excavate or to remove soil or gravel.

(E) The making of all excavations in and the removal of all soil or gravel from streets, alleys or other public places pursuant to the provisions of this section, shall be at all times done to the satisfaction of the Street Superintendent and subject to the satisfaction of said Street Superintendent and subject to the inspection and supervision of said Street Superintendent, who shall designate an inspector therefor. The amount of the deposit to cover the cost of such inspection and supervision shall be the sum of $1 for each 100 lineal feet or fraction thereof, of each street, alley or other public place to be excavated or from which soil or gravel is to be removed; provided, however, that no deposit to cover the cost of such inspection shall be less than $10 under any permit issued in accordance with the provisions of this section. The city shall retain such deposit until the work of excavating in or removing soil or gravel from such unimproved street, alley or other public place shall have been completed. It shall then deduct from such deposit the cost of such inspection as shall have been necessary to determine that the provisions of this chapter have been strictly complied with, and shall thereafter return and refund to the person making such deposit the balance of such deposit after the deductions hereby authorized shall have been made, provided however, that such return or refund shall be audited and paid in the same manner that other demands against the city are audited and paid.

(`83 Code, § 12.08.120)

Any person engaged in the making or refilling of any excavation in any street, alley or other public place shall at all times while such work is in progress keep at the place where such excavation is located the original permit, or the number thereof, for such excavation, and must on demand exhibit the same to the Street Superintendent or to any of his or her deputies or to any police officer.

(`83 Code, § 12.08.130)

(A) It shall be unlawful for any person to make or to cause or permit to be made, any excavation under, or to remove or to cause or permit to be removed any earth, dirt or other formation from under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline or under any alley within three feet of the centerline of such alley, or to construct or to cause or permit to be constructed, any wall or other structure under any sidewalk within four feet of such curbline or under any alley within three feet of the centerline of such alley; provided however, that the City Council may in their discretion, issue permits for the making of excavations under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline and below a line parallel with and 12 feet distant beneath the surface of such sidewalk, and may also in their discretion issue permits to maintain any excavation heretofore lawfully made under that portion of any sidewalk lying between the outer curbline and any point in such sidewalk four feet distant from such curbline and above a line parallel with and distant 12 feet below the surface of such sidewalk. Any permits issued under the provisions of this division (A) may be revoked by the Council at any time it may become necessary to construct any sewer, water main or pipeline, or conduit or other public work of any kind, along, in or through the excavation constructed or maintained under the authority of such permit, and the city shall have the right to use any portion of any such excavation for the construction and maintenance of any said sewer, water main, pipeline, conduit or other public work or improvement. Any such excavation shall be so constructed and maintained as to afford lateral, sublateral, adjacent and overhead support of the surrounding embankments and structures satisfactory to the Council.

(B) Before such permit is issued a detailed plan of such excavation, showing the proposed location thereof, and all appurtenances thereto, shall be filed in the office of the City Clerk, and provided further, that the Council may in their discretion issue permits for the making of excavations under alleys for the purpose of installing and maintaining oil storage tanks as provided by this section. Every tank installed, constructed or maintained pursuant to any such permit shall be so constructed that the top thereof shall not be less than eight feet below the surface of the alley in which such tank is so installed, constructed or maintained. No such tank shall be of a size sufficient to contain more than 2,500 gallons, and shall be used only for the storage of crude petroleum or distillate for use as fuel in buildings. Any such permit may be revoked at any time by the Council and upon such revocation any tank so installed, constructed or maintained pursuant to any such permit shall be at once removed from such alley by the person owning, having charge of or using such tank. If at any time it becomes necessary to construct any sewer, water main, or other pipeline or conduit, or other public work of any kind along or in such alley, such tank, or such portion thereof as may be necessary, shall be so removed as to permit the construction of such sewer, water main, or other pipeline or conduit or other public work. If any such permit be revoked, or if it becomes necessary to remove any such tank or any portion thereof for the purpose of allowing the construction of such sewer, water main, or other pipeline or conduit or other public work, and the person owning, having charge of, or using such tank shall fail, refuse or neglect to remove the same within 20 days after service of notice by the Street Superintendent so to do, the Street Superintendent shall remove such tank or so much thereof as may be necessary for such purpose, and the city shall have the right to recover the cost of such removal from such person, firm or corporation. Before any such permit is issued a detailed plan of such tank and all appurtenances thereto shall be filed in the office of the Street Superintendent, which plan shall show the proposed location of such tank in such alley.

(`83 Code, § 12.08.140)

None of the provisions of this chapter shall apply to any work done or to be done along, in or upon any street, alley or other public place pursuant to any law of the state providing for the improvement thereof; provided, however, that the provisions contained in § 12.08.060 shall apply to all such work and to all excavations to be made along, in or upon any public street, alley or other public place.

(`83 Code, § 12.08.150)

Nothing contained in this chapter shall be construed to prevent any person maintaining any pipe or conduit, in any street, alley or other public place, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed; provided that the person making such excavation shall obtain a permit therefor within four hours after the offices of the city are first opened subsequent to the making of such excavation.

(`83 Code, § 12.08.160)

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

(`83 Code, § 12.08.170)

The Standard Specifications for Public Works Construction, 1976 edition, together with all supplements and amendments thereto, as from time to time adopted, all as promulgated jointly by the Southern California Chapter of the American Public Works Association, and the Southern California District of the Associated General Contractors of California Joint Cooperative Committee, is adopted by reference. Three copies of such code and amendments thereto are on file in the office of the City Clerk. Each reference therein to the “legislative body” or “agency” shall refer to the city and each department thereof.

(`83 Code, § 12.08.180)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or by imprisonment, or by both such fine and imprisonment as provided elsewhere in this code. Every person violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day during which, or any portion of which such violation continues and shall be punishable therefor as provided in this chapter.

(`83 Code, § 12.08.190)