Montebello Municipal Code Ch. 12.04 Streets and Sidewalks Generally

Subject to certain changes and amendments hereinafter set forth in this chapter, the following code is adopted by reference: "Standard Specifications For Public Works Construction, 1990 Edition," a code setting forth specifications for construction, maintenance and repair of streets, pavement, curbs, sidewalks, gutters, drainage structures, driveways, bridges and the like, where foregoing code and amendments thereto is designated as the "primary code" adopted by reference.

(Ord. 2029 § 1 (part), 1990: prior code § 7100 (a))

The director of public works may modify, vary or add to the standard specifications and standard drawings insofar as the same relate to any particular work or construction, maintenance or repair when, because of circumstances or conditions pertaining thereto but not existing generally throughout the city, such modification, variation or addition is required in order to secure the same standard of work ordinarily obtained.

(Ord. 2029 § 1 (part), 1990: prior code § 7100 (b))

For purposes of this chapter, the following definitions shall apply:

A. "Agency" means the city of Montebello.

B. "Board" means the city council of the city of Montebello.

C. "Director of public works" or "engineer" or "city engineer" means the director of public works or his designee or his authorized agents or inspectors.

(Ord. 2029 § 1 (part), 1990: prior code § 7101)

Sea level is declared to be the datum plane or base line of the city for the purpose of establishing and designating the official grades of streets, sewers, and other public works within the city, and for measuring all elevations or surface points therein; and the official bench mark of datum monument within the city shall be the top of that certain leaden tack set in the curb return at the northeast corner of Emmit Williams Way and Sixth Street in the city, and its elevation is 203.84 feet above sea level. The Los Angeles County public works bench marks are declared to be the bench marks of the city.

(Ord. 2029 § 1 (part), 1990: prior code § 7102)

Every person, before commencing the construction of any sidewalk, curb, gutter driveway, approach, excavation, grading or any work in any public street, alley, easement or other public way, except where the work is being done under a public contract for the same, shall make application to the director of public works for a permit to do such work on a form to be supplied by the city, which shall specify the place where the improvements are to be made, the nature and extent of the improvement, the time within which the work shall be commenced and when the same shall be completed and finished, and shall contain a statement that the permit is asked for and the work therein described shall be done subject to the terms and provisions of this chapter. No person shall do any work without first having obtained from the city a permit therefor.

(Ord. 2029 § 1 (part), 1990: prior code § 7103)

No person shall make any excavation in, along or under the surface of any street or other public place or dig in, plow up, tear up, fill, cover, disturb or change any portion of the same, or construct, put upon, maintain or leave thereon, any obstruction or impediment to travel, or pile or place thereon any material, without first obtaining a written permit therefor, which permit shall be issued by the director of public works upon the performance by the applicant for the same, or the following requirements and conditions precedent thereto.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.1)

No permit or a no-fee permit will be required under this chapter for any work which is done by public contract.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.12)

The applicant for such permit shall make, sign and file in the office of the director of public works an application to be approved by the director of public works, which shall set forth the name, address and principal place of business of the person making the application, and shall state in detail the location and dimensions of the excavation intended to be made, and the proposed purpose thereof, and the nature of, and location where it is desired to place obstructions, materials, and debris in connection therewith, and the length of time which will be required to complete the work, backfill the excavation and remove all obstructions, materials and debris.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.2)

An applicant for a permit to excavate in any street or other public place shall file in the office of the director of public works drawings in duplicate, designing the street or other public place and the location thereof, together with a designation of the location thereon of the proposed excavation, the dimensions thereof, and any other details which may be requested by the director of public works, provided, however, that the filing of drawings shall not be required when excavations are to be made for service connections or for location of trouble in conduits or pipes or making repairs thereto.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.3)

The applicant shall show to the satisfaction of the director of public works a right to use and occupy, for the purpose mentioned in the application, the street or other public place wherein the excavation is proposed to be made. The director of public works may modify the time specified for the completion of the work, the backfilling of the excavation and the removal of all obstructions, materials and debris, and may make such changes in the application as to the nature, location, size and depth of the excavation as he may deem necessary for the protection of the street or other public place wherein such excavation is to be made, or are in his judgment necessary for the proposed purposes thereof, and may make such changes as to the location, size and character of the obstructions to be placed in any street or other public place as are in his judgment necessary to prevent undue interference with traffic or danger to the safety of persons using the same.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.4)

With the application the applicant shall make a special deposit with the director of public works in the amount as shall be established by the director of public works. Such sums deposited with the city shall be used by the city for payment of all expenses of the city in connection with such work.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.6)

Every applicant at the time of filing his application shall pay to the city such fees as shall be established from time to time by resolution of the city council.

(Ord. 2029 § 1 (part), 1990: prior code § 7107)

The permittee shall save harmless the city, its officers, agents and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate result of the work undertaken.

(Ord. 2029 § 1 (part), 1990: prior code § 7108)

A. The director of public works may attach such conditions to the granting of any permit under this chapter as may in his judgment seem best or necessary to secure the proper performance of the work, or to protect the public interests in connection therewith. All applicants shall notify Underground Service Alert (USA) in conformance with state and USA requirements.

B. The applicant shall agree in advance to fill the excavation in the manner hereinafter provided and to remove all obstructions, materials and debris placed in the street or other public place by the applicant, all to the satisfaction of the director of public works and within the time limit specified in the permit therefor, or that the excavation may be filled in such manner, and any obstructions, materials or debris may be removed by the director of public works at the expense of said applicant.

(Ord. 2029 § 1 (part), 1990: prior code §§ 7103.5 and 7103.9)

Permits shall in all cases be applied for by or on behalf of the person who is to actually perform the work for which the permit is asked, and permits issued under the terms of this chapter shall not be transferable or assignable except by permission of the director or public works. No person shall do any work under a permit granted to another person unless such permit has been first properly transferred or assigned in accordance herewith to the person doing such work.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.8)

No person shall make any excavation, or construct, put upon, maintain or leave any obstruction or impediment to travel, or pile, or place any material in or upon any street or other public place at any location other than, or in any greater area, than that described in the application and shown by the plats filed by the applicant, as required by the provisions of this chapter.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.14)

All work shall be done only by contractors licensed by the state.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.7)

After any excavation, obstruction or impediment is commenced, made or erected by the permit holder, as herein provided, the work of accomplishing the purpose thereof shall be diligently carried out and completed by him in a manner that shall not obstruct the street or other public place, or any travel thereon, more than is absolutely necessary.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.15)

No person shall do any street work without first obtaining the lines and grades therefor from the director of public works, or do the same except at the place and on the line and grade given therefor by the director of public works.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.10)

No person shall set stakes or give the lines and grades for the improvements without the prior approval of the director of public works.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.11)

The permittee shall abide by all conditions of Section 7 of the standard specifications at all times. It shall be noted:

Section 7-4 WORKERS' COMPENSATION INSURANCE.

The certificate designated in this section shall be filed with all permit applications or an actual certificate of insurance.

Section 7-10 PUBLIC CONVENIENCE AND SAFETY.

Attention is directed to these sections of the Standard Specifications and this chapter and are supplementary with each other. The applicant and contractor are not relieved, by this code or any agent of the city, of the full responsibility for public safety.

(Ord. 2029 § 1 (part), 1990: prior code § 7103.13)

Upon compliance by the applicant with the foregoing requirements, the application insurance and drawing aforesaid shall be approved by the director of public works and shall become a file or public record in his office and thereupon the director of public works shall issue, in such form as he shall approve, a written permit to the applicant to do and perform the acts mentioned in the application. In any permit granted under the provisions of this chapter the director of public works may specify what lights, barriers, warnings signs or other measures designated to protect the traveling public must be erected, maintained or provided by the permit holder; provided, however, that any omission on the part of the director of public works to specify in a permit what lights or warnings signs shall be erected and maintained by the permit holder shall not excuse the permit holder form observing any and all requirements of this chapter. No permit issued under the provisions of this chapter shall be transferable and every such permit shall become and be void unless the excavation or other work thereby permitted to be done is commenced within the time specified therein and thereafter diligently and continuously prosecuted, and if the same is not so commenced and diligently prosecuted in the judgment of the director of public works, he shall have power to cancel such permit. No work shall be permitted after four p.m. or on Saturdays, Sundays or holidays.

(Ord. 2029 § 1 (part), 1990: prior code § 7106.16)

Every person making any excavation, or erecting or leaving any obstruction, in the traveled part of any street or other public place, shall place and maintain lights at each end of such excavation or obstruction, and at distances of not more than one hundred feet along such excavation or obstruction, and at such other locations as may be necessary for the protection of the public from injury, from sunset of each day to sunrise of the next day, until such excavation is entirely filled, or such obstruction is removed, and every such person shall maintain barriers not less than three feet high at each end of the excavation or obstruction, and at such other places as may be necessary for the protection of the public from injury, at all times until each excavation is entirely filled or such obstruction removed.

(Ord. 2029 § 1 (part), 1990: prior code § 7104)

A. Subject to certain changes and amendments hereinafter set forth in subsection B of this section, the following codes are adopted by reference:

1. "Standard Specifications for Public Works Construction (APWA-A6CA)" Green Book;

2. "Work Area Traffic Control Handbook (WATCH)," where foregoing codes and amendments thereto are hereby designated as the "Primary Code" adopted by reference.

B. The director of public works may modify, vary or add to the standard specifications and standard drawings insofar as the same relate to any particular work or construction, maintenance or repair when, because of circumstances or conditions pertaining thereto but not existing generally throughout the city, such modifications, variation or addition is required in order to secure the same standard of work ordinarily obtained.

(Ord. 2029 § 1 (part), 1990: prior code § 7104.1)

Traffic control plans may be required on any permit when it is deemed by the director of public works that this plan is necessary for the public safety. When required, traffic control plans shall be prepared by a traffic engineer and approved by the director of public works. Applicant shall pay all costs and fees as required for the processing and checking of the traffic control plan.

(Ord. 2029 § 1 (part), 1990: prior code § 7104.2)

Whenever an excavation is made by tunneling under the surface of any street or other public place, the director of public works may adopt such regulations and require such special inspections as he may deem necessary for the full compliance with this chapter.

(Ord. 2029 § 1 (part), 1990: prior code § 7112)

No person shall make any connection to any public sewer without first obtaining a permit so to do from the public works department in accordance with applicable provisions of this code.

(Ord. 2029 § 1 (part), 1990: prior code § 7105)

Whenever any person proposes to construct a sewer lateral, in and along private property other than the property to be served by the sewer lateral, he shall file with the public works department a certified copy of the instrument of conveyance granting the easement for such sewer lateral. Such instrument of conveyance shall be recorded in the office of the county recorder prior to the time a certified copy thereof is filed with the public works department.

(Ord. 2029 § 1 (part), 1990: prior code § 7106)

The director of public works may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director of public works may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the director of public works may revoke the permit and require that a new permit be secured before further work is done.

(Ord. 2029 § 1 (part), 1990: prior code § 7109)

Upon completion of the work for which the excavation was made, the permit holder shall promptly fill in the excavation in the manner herein provided and shall promptly remove all obstructions, materials, and debris placed in any street or other public place by the permit holder.

(Ord. 2029 § 1 (part), 1990: prior code § 7110)

A. Upon completion of the permittee's activity, the director of public works, at his option, may require the permittee to restore that portion of the street facilities damaged by the permittee's activity, or the director of public works may elect to do such restoration himself.

B. Where the pavement or surface has been removed, the permittee shall replace it to a minimum thickness one inch greater than that of the surrounding pavement or surface.

C. The base removed shall be replaced to the same thickness as that of the surrounding base course.

D. Where the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.

E. When the structural section removed varies from or exceeds the average existing section, the director of public works may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

F. In those instances where the permittee's excavation is within an area of street to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the director of public works may waive such resurfacing.

G. The permitted work must be restored to the satisfaction of the director of public works, including permanent patching, within thirty days of the completion of any construction.

H. The top surface of the backfill shall conform closely enough to the level of the adjoining street surface, and shall be compacted so that it is hard enough and smooth enough to be safe for traffic to travel over at any legal rate of speed. The permit holder shall maintain the backfill safe for traffic until the surface has been replaced to the satisfaction of the director of public works, and shall assume responsibility for all accidents which may occur, due to vehicles crossing the site of the excavation at any legal rate of speed, until such surface has been so replaced. If it is impracticable to maintain the backfill in safe condition for traffic, then the permit holder shall maintain barriers and lights, as hereinbefore provided until such surface has been replaced.

(Ord. 2029 § 1 (part), 1990: prior code § 7111)

The person, firm or corporation by whom any excavation in paved, macadamized or graveled streets, alleys or sidewalks shall be made, shall be deemed and held to warrant the work of refilling and repair thereof for the period of one year after the refilling of such excavation against all defects in workmanship or materials. Whenever within the period of one year any part of the pavement or surface of any public street, alley or sidewalk so warranted becomes in need of repairs, by reason of any defect in workmanship or material done or used in said work of refilling or repair, the director of public works shall serve on the person, firm or corporation by whom the excavation was made, a written notice, stating what repairs are necessary and requiring such repairs be made within three days after the service of the notice.

(Ord. 2029 § 1 (part), 1990: prior code § 7117)

The applicant shall remove all surplus material and rubbish from the work after its completion and before application for the final inspection of the work, and shall leave the earth in the space between the curb and sidewalk to the proper grade.

(Ord. 2029 § 1 (part), 1990: prior code § 7118)

Upon completion of the work to be done under any such permit, the director of public works shall make a final inspection thereof, and if the same is found to be in accordance with the specifications for the same and in accordance with the terms of this chapter, he shall issue a final certificate of the acceptance thereof.

(Ord. 2029 § 1 (part), 1990: prior code § 7119)

No work will be considered as accepted which may be defective in its construction or deficient in any of the requirements of these specifications in consequence of the negligence of any officer of the city or inspector connected with the work to point out the defects or deficiency during construction, and the contractor shall be required to correct any imperfect work whenever discovered, before the final acceptance of the work.

(Ord. 2029 § 1 (part), 1990: prior code § 7120)

A. If the work does not comply with the specification therefor or with the terms of this chapter, the director of public works shall notify the person to whom the permit was granted of the defect or failure of the work and shall require such person within five days of service of such notice to proceed to remedy such defect. Such notice shall be written or printed and shall be served personally or by leaving it at the residence or place of business of such person; or if such person cannot be found, and such place of business or place of residence is unknown or is outside of the city, the notice may be served by depositing it in the post office, addressed to the person holding such permit at such address as is shown in his application for such permit. If it is determined that any action or noncompliance is a safety hazard, the applicant or contractor shall be notified verbally or in writing and the contractor or applicant must comply immediately.

B. If such notice is not complied with, the director of public works shall not grant any permit to such person to do street work until full compliance with the terms of the notice is made. If such failure or defect relates to the construction of cement walks or cement curbs, or is deemed a safety hazard, the director of public works may order the same taken up and removed from the street at the expense, including salaries, overhead and administrative costs, of the holder of such permit, which expense all applicants, by making application hereunder agree to pay.

(Ord. 2029 § 1 (part), 1990: prior code §§ 7114 and 7115)

When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any street facility has been damaged and the person fails or refuses to repair or restore; the director of public works, with the city forces or otherwise, may cause such to be placed, erected, completed, repaired, restored and/or maintained. The applicant shall pay for any and all costs.

(Ord. 2029 § 1 (part), 1990: prior code § 7116)

If any person making any excavation in, or placing any obstruction on, any street or other public place shall fail to refill such excavation in the manner herein provided, or shall fail to remove such obstruction, within the time specified in the permit therefor, the director of public works may do or complete the work of refilling or removal, and the person by whom, or under whose direction, the excavation was made, or the obstruction was placed, shall be liable to the city for the cost of the work so done by the director of public works. The amount of such cost shall be payable on demand to the director of public works by the person to whom the permit was issued and no permit shall thereafter be issued to such person until the demand is paid in full. The decision of the director of public works as to the cost of any work done by him, or under his direction, pursuant to the provisions of this chapter shall be final and conclusive as to such cost.

(Ord. 2029 § 1 (part), 1990: prior code § 7113)

No person shall drive or ride any animal, or drive or propel any vehicle, or walk or go upon, over or across any newly made pavement or newly made sidewalk, or newly made concrete or cement work in any public street where there is a barrier to prevent traveling upon the same, or near which there is a sign stating that the road is closed, or where warning lights are maintained during the night to indicate the street is closed.

(Ord. 2029 § 1 (part), 1990: prior code § 7121)

No person shall ride or drive any horse or other animal, drive or propel any wagon, automobile, truck or other motor vehicle upon, along or across any cement sidewalk, cement curb or any street, except where a driveway has been constructed across the same for the use of vehicles, or permit any animal or vehicle to stand upon any cement sidewalk.

(Ord. 2029 § 1 (part), 1990: prior code § 7122)

No person shall drive along or upon any paved, macadamized or improved street, or any public highway, culvert or bridge in the city, any tractor or motor vehicle having any part of the vehicle coming in contact with the surface of any such street any block, stud, flange, cleat, ridge, bead, or any other protuberance of metal or wood which projects beyond the tread or traction surface of the tire, or that will cause damage to the pavement or surface of any such street, but this section shall not be deemed to prohibit the use of antiskid chains of reasonable proportions on pneumatic tires attached to the wheels of motor vehicles.

(Ord. 2029 § 1 (part), 1990: prior code § 7123)

No person shall throw, deposit or place in or upon any public street any nails, tacks, crockery, wire, scrap, iron, tin, bottles, glass, thorns or thorny clippings, or other article or thing likely to puncture or injure the tire of any vehicle.

(Ord. 2029 § 1 (part), 1990: prior code § 7124)

No person shall paint, dye, or otherwise mark, letter or number with any permanent substance or material, any curb or gutter within the city, for house numbering purposes or any other purpose, without first obtaining a permit therefor, which permit shall be in addition to any other permit or license required by this code.

(Ord. 2029 § 1 (part), 1990: prior code § 7125)

Where a permit is issued for house numbering purposes, markings shall consist of a white field with black letter thereon; the field shall be reflectorized by clear glass spherical beads applied with force against the white field plaint while the same is still tacky so that the beads will be firmly bonded to the field paint upon drying. The field and numeral borders shall be sharply defined with no running or blurring of edges. The numerals shall be four inches in height. The field shall have a minimum border of one and one-half inches at all edges of the numerals.

(Ord. 2029 § 1 (part), 1990: prior code § 7126)

A. Authority to order alteration. When any curb-cut or driveway within the city has been abandoned and is no longer in use, and in any case where the use, convenience and necessity of the public require, the director of public works shall have authority to order the owner or agent in charge of the property adjacent to which curb-cuts are maintained to alter the curb-cut in such manner as he shall find reasonably necessary.

B. Notice of alternation order. Whenever the director of public works shall determine that a curb-cut or driveway has been abandoned, or shall determine that the use, convenience and necessity of the public require an alteration, the director of public works shall serve a written notice on the owner or agent in charge of the adjacent property and shall post a conspicuous notice on the property notifying the owner or agent in charge that an alteration of the curb-cut is required, and such notice shall specify the time in which the owner or agent shall comply with such requirement, which time shall not be less than twenty days from the date of such notice.

C. Violation. If the alteration as required by the director of public works is not complied with within the time specified in the notice, the owner or agent of the property shall be deemed in violation of this chapter, and each day that the curb-cut or driveway is maintained without alteration, after the time set forth in the notice, shall constitute a separate and distinct violation of this chapter.

D. Appeal. Any owner or agent in charge of property who has been notified by the director of public works to alter a curb-cut may appeal from the order of the director of public works to the city council by filing a written notice of appeal, specifying the grounds for such appeal, with the city clerk within ten days after the notice of alteration order has been served on such person, or after property has been posted. No appeal shall be heard by the city council unless the notice of appeal is filed within the time herein specified; provided, however, the city council may request a review on its own motion. Where an appeal has been filed as hereinabove set forth, or a review has been requested by the city council, no party shall be deemed in violation of this chapter until such time as the city council has determined the controversy and the owner or agent is allowed a reasonable time thereafter to comply with such alteration order.

(Ord. 2029 § 1 (part), 1990: prior code § 7127)

A. Any owner, lessee or agent constructing or arranging for the construction of any building or dwelling within the city shall also provide for the construction of cement curbs, gutters, sidewalks, driveways, and street paving in accordance with the requirements of this chapter and city specifications and/or repair and/or replace inadequate or unsafe curbs, gutters, sidewalks, driveways and street paving, already existing along all street frontages adjoining the lot or lots on which the building or dwelling is to be constructed.

B. The building inspector shall deny final approval and acceptance or final public utility connections to any building or dwelling until the curbs, gutters, sidewalks, driveways, and street paving exist or are constructed, or repaired or replaced.

(Ord. 2029 § 1 (part), 1990: prior code §§ 7128 and 7129)

It is unlawful for any person or persons to in any manner obstruct any street, alley or sidewalk, or to do any act or thing whatever so as to interfere in any manner whatever with any free passage through, along, across or upon any street, alley or sidewalk in the city, without permission of the director of public works.

(Ord. 2029 § 1 (part), 1990: prior code § 7130)

A. Responsibility For Repair. The owner of any property on which is situated a tree, not in public right-of-way, which causes an adjacent city-owned sidewalk to become cracked, uplifted or depressed due to growth of roots or other material below or next to the sidewalk shall be responsible for repair of the damaged sidewalk and, if necessary, removal of the tree.

B. Notification of City Personnel. The city department responsible for maintenance and repair of sidewalks, when aware of such a condition, shall notify the property owner of the requirement to repair the sidewalk removal of roots or other cause of damage and, if necessary, either removal of the tree or execution and recordation of an unsubordinated covenant in a form approved by the city attorney indemnifying and holding the city harmless from any injury or damage caused by the tree, including weakening of the tree due to root removal.

C. Repair by City—Fee. If following notification by the appropriate city department, the property owner fails to correct the condition within the time specified in the notice, the city may repair the sidewalk and take all necessary actions to correct the condition. The property owner shall pay for the cost of repair by payment of a fee sufficient to cover the costs incurred, including salary and administrative costs.

(Ord. 2029 § 1 (part), 1990: prior code § 7131)

Every person, company or entity, owning, using, controlling or having an interest in pipes, conduits, ducts, tunnels, storage tanks or other structures under the surface of any street or other public place for supplying or conveying gas, electricity, water, steam, ammonia, oil or other commodity, within ninety days after the effective date of this section shall file in the office of the director of public works a map or set drawn to a scale of not less than two hundred feet to one inch, which shall show in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and all valves, pressure regulators, drips, manholes, transformers, chambers or other appliances installed beneath the surface of streets or other public places in the city belonging to, used by or under the control of such person, company or entity, or in which such person, company, or entity has any interest.

(Ord. 2029 § 1 (part), 1990: prior code § 7132)

Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street or other public place, or the use thereof, is abandoned, the person, company, or entity owning, using, controlling or having an interest therein, shall, within thirty days after such abandonment, file in the office of the director of public works, 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. All such pipes, conduits, ducts, tunnels or other structures abandoned shall be filled or removed in a manner acceptable to the director of public works.

(Ord. 2029 § 1 (part), 1990: prior code § 7133)

For any damage done to any city-owned sign, barricade, pole, pipe, wall, signal or any city-owned property of any nature, occurring from the operation of any business or use of any property or residence, the responsibility for the repair and cost of repair of such city-owned property shall be the responsibility of the adjacent property owner.

(Ord. 2029 § 1 (part), 1990: prior code § 7134)

A. Prohibition. No excavation and no cutting shall be permitted in any public right-of-way for five years after completion of surface paving or repaving.

B. Exceptions. The director of public works or city engineer may in its discretion grant exceptions to the prohibition of this section under the following circumstances:

1. Emergency that threatens life or serious property damage.

2. Work that is mandated by a federal, state, or county agency.

3. No other reasonable means of providing service exists.

4. Other situation deemed to be in the public interest.

In granting exceptions, the director of public works or city engineer may lengthen and enlarge the required area of restoration up to the full-width of the roadway, and impose other reasonable conditions as it deems appropriate to protect the public interest.

C. The city engineer shall develop and maintain a master pavement list and make it available at the engineering division public counter and the city clerk's office. The master pavement list shall identify those segments of public right-of-way that are subject to the prohibition of this section and the corresponding starting and ending dates of the prohibition.

D. Rules and Procedures. The city engineer may promulgate pavement restoration guidelines and other rules and procedures that are consistent with this section.

(Ord. No. 2413, § 2, 3-27-2019)

Editor's note— Ord. No. 2413, adopted March 27, 2019, provided an Exhibit A and states that Standard ST 11B (Exhibit "A") is the city's trench standard to be used by all entities paving streets in the public right-of-way. Exhibit A can be found on file with the city.