Oceanside Municipal Code Art. II Excavations Generally

No person shall make or cause, or permit to be made, any excavation or construction in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any tank, pipe, conduit, duct or tunnel or for any other purpose without first obtaining from the city engineer a written permit to make such excavations or construction and without first making a deposit to cover the cost of inspection and of restoring such public street, alley, sidewalk or other public place to its original condition, together with the incidental expenses in connection therewith, all as hereinafter in this article provided.

(Ord. Code § 7311; Ord. No. 72-8, § 2, 2-9-72)

The street superintendent before issuing such permit shall require:

Application for permit; form. A written application therefor to be made and filed with the street superintendent where, in the application, is set forth the name and residence or business address of the person making such application, and shall state in detail the location and area of each excavation intended to be made, and shall state the purpose for which the excavation is to be made and used.

Filing of plat. The presentation of a plat in duplicate showing the location of each proposed excavation and the dimensions thereof and such other details as the street superintendent may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for the location of trouble or leaks in conduits or pipes or for the making of repairs thereto.

(Ord. Code, §§ 7312—7312.21)

If the work of excavation is not commenced within sixty (60) days from the date of issuance of such permit, the permit shall terminate and end forthwith without notice to the permittee, and the city shall retain a fee in the sum of fifty cents ($0.50) from the deposit made by the person to whom such permit was issued, and the balance of the deposit shall be returned to the permittee.

(Ord. Code, § 7313)

No permittee, pursuant to this article, shall perform any work in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plats filed by such permittee as required by the provisions of this article.

(Ord. Code, § 7314)

When the application to excavate and the detail shown on the accompanying duplicate plats, when such plats are required, comply with the terms of this article, the application and duplicate plats shall be filed with the street superintendent, together with required inspection fees as established by resolution of the city council, and with a sufficient deposit as established by the city engineer to guarantee replacement of streets, curbs, etc., in the city right-of-way based upon construction costs as they then exist.

(Ord. Code, §§ 7315—7315.65; Ord. No. 76-32, § 2, 8-25-76)

Upon receiving a written application, as provided in sections 31.6 through 31.8, and one of the duplicate plats when such plats are required, the inspection fee and the deposit required by the preceding section, the street superintendent shall issue a written permit to make such excavation and shall open and keep an account thereof.

(Ord. Code, § 7316)

The permit required by this article shall state whether the work to be done is covered by a deposit, shall state the amount thereof, and shall be a receipt therefor. It shall also specify the person to whom the same is issued, the street, alley or other public place and the particular portion thereof to be excavated, and the extent of such excavation.

(Ord. Code, §§ 7317, 7317.1)

No permit issued pursuant to this article shall be transferable.

(Ord. Code, § 7318)

Every such permit shall become and be void unless the excavation to be made pursuant thereto is commenced within sixty (60) days from the date of issuance of such permit and the work diligently prosecuted as in this article required.

(Ord. Code, § 7318.1)

Every permit for an excavation in or under the surface of any public street, alley or other public place shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such street, alley or other public place for the purpose for which such street, alley or other public place may lawfully be used.

(Ord. Code, § 7378)

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 vehicular traffic at all streets intersections, and safe crossings for pedestrians, and to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents, and also to place and maintain red lights at each end of such excavation and at distances of not more than fifty (50) feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled.

(Ord. Code, § 7321)

All excavations, made pursuant to this article, shall be filled in the following manner:

Layers; tamping. The trench shall be filled in layers of not more than six (6) inches each in depth, each layer to be well rammed or tamped with rammers weighing not less than one pound per square inch of face.

Extent of tamping. Ramming or tamping shall continue until the ground shall become firm and unyielding.

(Ord. Code, §§ 7331—7331.2)

An alternate method of filling an excavation, depending upon the type of soil encountered, may be as follows:

Flooding; poling. The trench shall be filled to within not less than one foot from the surface and shall then be thoroughly flooded, and the material settled by poling or with shovels.

Intermediate settling. If so directed by the street superintendent, the filling shall be settled with water at not more than two (2) intermediate depths, to be determined by the street superintendent, before it is brought to one foot from the surface.

Filling; reflooding. After the material has been allowed to settle, it shall be filled to the surface of the street and again flooded and allowed to settle.

Filling; tamping. It shall then be filled to the surface of the street and thoroughly rolled or tamped.

Prompt refilling; removal of material. All excavations shall be promptly refilled in the most workmanlike manner, and surplus material removed without delay.

(Ord. Code, §§ 7332 to 7332.5)

It shall be unlawful for any person to fail, refuse or neglect to comply with any of these regulations, or with any regulations of the street superintendent governing the refilling of excavations.

(Ord. Code, § 7333)

The street surface excavated or damaged shall be replaced by the street superintendent for which deductions shall be made from the deposit of the permittee making the excavation.

(Ord. Code, § 7341)

Only the actual cost of labor, material, equipment and supervision required for the replacing of such surface shall be deducted; provided, however, that the street superintendent may enter into an agreement with the permittee or any other person to perform any or all of the work required in replacing the surfacing excavated or damaged.

(Ord. Code, § 7342)

The agreement provided for in the preceding section shall set forth the specifications for such surfacing and the work shall be done under the supervision of the street superintendent.

(Ord. Code, § 7343)

After an excavation is commenced, the work of making and refilling the same shall be prosecuted with due diligence and so as not to obstruct the street or other public places of travel thereon more than is actually necessary therefor.

(Ord. Code, § 7344)

The street superintendent shall cause a statement, showing the amount due the city from every person for any work performed by the city pursuant to the provisions of this article, to be mailed thereto on or before the twelfth day of any month for any and all work performed during the previous month.

(Ord. Code, § 7351)

The amount due the city as shown by any such statement as provided for in the preceding section shall be paid to the street superintendent on or before the twenty-fifth day of the month in which any such statement is mailed, as herein provided.

(Ord. Code, § 7352)

In case of a deposit, the balance shall be returned within thirty (30) days after the street surface has been replaced by the street superintendent.

(Ord. Code, § 7353)

The street superintendent shall deduct the cost of any work done or repairs made by the city for any person as herein provided, from any and all deposits then on hand belonging to or that may thereafter be made by such person under the provisions of this article.

(Ord. Code, § 7354)

The auditable accounts of the street superintendent as to the cost of any work done, or repairs made by him or under his direction, pursuant to provisions of sections 31.20 to 31.23, shall be final and conclusive as to the cost thereof.

(Ord. Code, § 7355)

All moneys refunded pursuant to the provisions of this article shall be paid upon demands, audited and paid in the same manner as other demands against the city are audited and paid.

(Ord. Code, § 7356)

All moneys collected for inspection fees and cost of repairs shall be deposited in the street improvement fund.

(Ord. Code, § 7357)