Napa Municipal Code Ch. 12.12 Street Excavations and Encroachments

It is unlawful for any person to cut the pavement, make any excavation or encroach in any manner over, on or under any public street of this city except as hereinafter provided.

(Rev. Code 1954 § 7121)

It is unlawful to make any excavation, cut the pavement, make an excavation in or encroach over, on or under any street without first obtaining a permit therefor from the Public Works Director.

(Rev. Code 1954 § 7122)

The Public Works Director shall provide forms upon which application for a permit required by this chapter is to be made.

(Rev. Code 1954 § 7122)

Private parties desiring to make excavations may be required by the Public Works Director or Community Development Director to post a bond equal to 100% of the Director's estimate for the total cost of the project. No such bonds shall be required of public bodies or agencies.

(Rev. Code. 1954, § 7122; O2006 8)

The fee for permits required by this chapter shall be established by the Council by resolution.

In addition to any other requirements made by the Public Works Director in granting any such application for encroachment, the work to be done under a permit issued pursuant to this chapter shall conform to the specifications adopted by resolution of the Council.

(Rev. Code 1954 § 7124)

If after investigation or on the spot inspection, the work is found to be unsatisfactory, the Public Works Director is authorized to notify the permittee to replace such unsatisfactory work within a specified period, not to exceed 48 hours. If such work is not replaced within the period specified, the Public Works Director is authorized to remove the unsatisfactory portions of the work and replace as necessary. The cost of labor, materials, equipment rental and overhead as necessary to remove and replace the unsatisfactory work shall be charged against the permittee.

(Rev. Code 1954 § 7125)

None of the provisions of this chapter shall apply to any work done or to be done along, in or upon any public street, alley or other public place pursuant to any law of this state providing for the improvement thereof, or any work done or to be done along, in or upon any public street, alley or other public place, pursuant to any action for the improvement of such street, alley or other public place authorized by the Council.

(Rev. Code 1954 § 7126)

A. The provisions of this chapter shall not apply to excavations or encumbrances made by any officer, or under the direction of any officer or officers of this city, in the discharge of his, her or their official duties.

B. The provisions of this chapter shall not apply to excavations or encumbrances required pursuant to an executed improvement agreement for private development for which plans and specifications have been approved by the City Engineer.

(Rev. Code 1954 § 7127; O2006 8)

Nothing contained in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or 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; provided that the person making such excavation shall obtain a permit therefor within 24 hours thereafter, exclusive of intervening Saturdays, Sundays, or legal holidays, and provided further, that all refilling shall be done in accordance with this chapter.

(Rev. Code 1954 § 7128)

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 vehicle and pedestrian 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.

(Rev. Code 1954 § 7129; O2082)

Free access must be provided to all fire hydrants and water valves.

(Rev. Code 1954 § 7129)

All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Rev. Code 1954 § 7129)

A. It shall be the duty of every person doing any work pursuant to this chapter in any public street, alley or other place, to place and maintain barriers at each end of such places as may be necessary along the excavation to prevent accidents and also to place and maintain flashing lights at each end of such excavation and at distances of not more than 50 feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled and replaced to its original state.

B. If the street is not wide enough to hold excavated materials without using a part of the adjacent sidewalk, a tight board fence upon or along such sidewalk shall be erected and maintained so long as said materials remain along said sidewalk.

C. The permittee shall supply any lights, barricades, signs or other safety devices the Public Works Director deems necessary for the protection of the public.

(Rev. Code 1954 § 7130; O2082)