Mountain View Municipal Code Art. III Excavations

No person shall tear up, loosen or remove any portion of the pavement, macadam, gravel or other surface dressing, or the surface of any street, or contract for or do any work therein, without permission of the director of public works.

(Code 1938, Sec. 434.)

The permit required in the preceding section shall be granted only after the applicant has deposited with the director of public works the sum of twenty-five (25) dollars and an additional ten (10) dollars for each thirty (30) square feet, or fraction thereof, to be so torn up, loosened or removed, as security for any damage which may be caused thereby.

(Code 1938, Sec. 434.)

If the person desiring to so open any street be a corporation such corporation shall file notice of intention to make the opening with the director of public works, specifying the location and dimensions of the proposed opening.

(Code 1938, Sec. 436.)

Any corporation desiring to open a street within the city shall deposit with the director of public works to the credit of the city with the notice required in the preceding section, a sum of one (1) dollar per square foot of street surface to be opened, provided that no deposit shall be less than ten (10) dollars.

(Code 1938, Sec. 436.)

Any corporation desiring to open a street within the city may, in lieu of making the deposits required by the preceding section, execute and file with the director of public works a bond in the penal sum of five hundred (500) dollars, with two (2) good and sufficient sureties thereon, running in favor of the city and conditioned upon such corporation complying with all of the terms, conditions and provisions of this article, which bond shall be and remain in full force and effect for the period of two (2) years after the date of its execution and which may be renewed after its expiration only by the execution and filing of a new bond as aforesaid.

(Code 1938, Sec. 436.)

When required by the director of public works, any person doing work upon the streets or sidewalks of the city shall file with the director of public works a good and sufficient bond with at least two (2) sureties or a surety bond, to be approved by the city attorney and made payable to the city, such bond to be in such sum as the director of public works may direct.

(Code 1938, Sec. 435.)

Upon the completion of any of the work described in this article the director of public works shall inspect the same, and if the street remains in good condition for one year after such inspection shall so certify and shall thereupon return any deposit made.

(Code 1938, Sec. 438.)

In the event of any material not being properly replaced and the street left in such order and condition as may be required by the director of public works, the council may cause the same to be replaced and certify the cost to the director of public works, who shall deduct such amount from the sum so deposited, and return the balance, if any, to the owner.

(Code 1938, Sec. 438.)

Every street will be left in as good condition as it was before being so torn up, loosened or disturbed.

(Code 1938, Sec. 434.)

The material taken up or removed shall be replaced in accordance with the specifications for first paving, macadamizing, or graveling the street, if any, and in all cases as may be required from time to time by the director of public works; and the filling of trenches shall be thoroughly tamped and wet down. The surface dressing shall be rolled or tamped so as to leave no ridge in the street.

(Code 1938, Sec. 437; Ord. No. 175.809, 10/29/62.)

The person removing the surface dressing or surface of any street shall, at any time within one (1) year after replacing the same, on demand of the director of public works, repeat the work of replacing the surface, and do all filling that may be necessary to raise any sunken part of the street to the proper grade.

(Code 1938, Sec. 437.)

Any person by whom, or under whose immediate direction, or by whose immediate authority as principal, or as contractor or employer, any portion of any street may be made dangerous, shall:

a. Erect, and, so long as the danger continues, maintain around the portion of the street so made dangerous, a good and substantial barrier.

b. Cause to be maintained during every night, from sunset until sunrise, adequate warning devices and lights on that portion of the street so made dangerous.

(Code 1938, Sec. 428; Ord. No. 175.809, 10/29/62.)

All work involving excavation in the public streets and rights-of-way, including excavation for public utility purposes, shall be done subject to the inspection of the director of public works. Any person doing such work shall pay the cost of said inspections, including the cost of both field and office time, except that the director of public works may waive said inspection fees in projects where, in his opinion, the costs of inspection are nominal. The hourly charge rates for the cost of field and office time shall be set from time to time by resolution or ordinance of the city council.

(Code 1938, Sec. 437; Ord. No. 10.71, 4/12/71; Ord. No. 11.80, 3/24/80.)

The city and its officers and employees shall be held harmless from all claims, of whatsoever kind or nature, for damages or otherwise arising in any way from any tearing up, loosening or removal as described by this article, or the excavation resulting therefrom.

(Code 1938, Sec. 434.)