Mountain House Municipal Code Ch. 1 Excavations

No person shall dig holes, trenches, or ditches or make openings or excavations of any kind for any purpose on any street, highway, road, or other public place except upon application to, and permit granted by, the Director, who shall have authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when finished. Every permit granted pursuant to this Section shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director, to complete the work or to restore the street, highway, road, or other public place to a condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director may do the work and furnish the materials necessary therefore, and all sums reasonably expended for these purposes shall be repaid to the City by the grantee.

(Ord. 2024-27 Exh. A, 2024)

No application shall be granted until the applicant has filed with the Director a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition. An applicant for these permits may file one bond to cover all work during a year, if desired, in an amount that the Director shall deem necessary to save the City harmless from all damage.

(Ord. 2024-27 Exh. A, 2024)

Nothing in this Chapter shall be construed to enlarge the liability of the City for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this Chapter shall provide that the City and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work. As a condition of granting any permit under this Chapter the City may require the applicant to provide and maintain insurance evidencing coverage for bodily injury or property damage or both and file a certificate of insurance to that effect. Said coverage will be primary to any coverage which may otherwise be provided by City.

(Ord. 2024-27 Exh. A, 2024)