Monterey Municipal Code Art. 6 Street Excavations

It shall be unlawful for any person, firm, or corporation to make any excavation in or under the surface of any street, alley, sidewalk, public way, or public place in the City of Monterey without first obtaining a permit so to do from the City. City may at its discretion require a cash deposit upon issuance of such permit to defray the cost of restoring the surface of said street, alley, sidewalk, public way or public place, as the case may be, to its former condition. (Ord. 3653 § 15, 2022; Ord. 3424 § 1, 2009)

When the applicant therefor has complied with this Article, the City shall issue an excavation permit under this Article.

Such permit shall set forth the time for the completion of the work and refilling the same. The time for commencement of such work and such completion may be extended by the City only upon good cause shown for such extension. (Ord. 3653 § 16, 2022; Ord. 3424 § 1, 2009)

No person shall make any excavations under this Article without first depositing with the City proof of adequate insurance coverage for personal injury, property damage, and Worker’s Compensation insurance. The applicant shall also agree to restore the surface of such street, alley, public way or public place to its former condition. (Ord. 3653 § 16, 2022; Ord. 3424 § 1, 2009)

It shall be the duty of a permittee under this Article to make such excavation in such a manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the Public Works Director, be necessary. Suitable barriers shall be constructed above the excavation for the prevention of accidents, and safety devices and flashers shall be continuously maintained thereon from the period of sunset to sunrise. Each applicant shall file with the City a certificate of liability insurance with minimum limits of $1,000,000 combined limit bodily injury and property damage liability, holding the City harmless from any liability in connection with such excavation. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

All excavations, refilling and resurfacing under this Article shall be made under the supervision and to the satisfaction of the Public Works Director and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements.

All such excavations shall be refilled by the applicant to the specifications of the City and resurfaced by a qualified licensed General Engineering contractor and inspected by City staff to the satisfaction of the Public Works Director. Public utilities, or contractors employed by such public utilities may, upon receipt of prior written permission from the Public Works Director, resurface such excavations, such work to be done to the satisfaction of the Public Works Director.

All public utility companies shall be responsible for any settlement of their trenches for a period of two (2) years following the date of final repaving, and shall make repairs during this period as directed by the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

The permittee of an excavation under this Article shall forfeit to the City, as liquidated damages, the sum of $100 per day each day of work of refilling such excavation remains uncompleted beyond the period for such completion fixed by the City, or as extended by the City. (Ord. 3653 § 16, 2022; Ord. 3424 § 1, 2009; Ord. 3291, 2001)