Chapter 12.20 — STREET EXCAVATION

It shall be unlawful for any person or firm to make, or to cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the Department of Public Works a written certificate that such person or firm is entitled to make such excavation and 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 the chapter provided. The Department of Public Works, before issuing such certificate, shall require:

• A. Written Application. A written application for each excavation, upon a form to be furnished by the Department of Public Works to be made and filed with said department, wherein the applicant shall set forth the name and residence or business address of the person or firm making such application, and shall state in detail the location and approximate area of such excavation intended to be made and shall state the purpose for which the excavation is to be made and used;

• B. Plat of Proposed Excavation. The presentation of a plat in duplicate showing the location of each proposed excavation and the dimensions thereof, and such other details as the Department of Public Works may require to be shown upon such plat;

• C. Legal Authority for Use. That the applicant show legal authority to occupy and use, for the purpose mentioned in said application, the streets, alleys, sidewalks or other public places wherein the excavation is proposed to be made;

• D. Material Ready for Use. That all the materials to be used in any excavation will be on hand in the City ready for use before any portion of such excavation is made, otherwise any certificate issued shall be void. Exceptions to this paragraph may be granted by the Director of Public Works or designated representative, upon written request stating circumstances for not having the material required.

• (Ord. 22-87)

The Department of Public Works shall adopt such regulations for the location, size and depth of such excavations as it may deem necessary for the public welfare. Such regulations shall include a requirement that bridges flush with the pavement shall be maintained over all excavations in street crossings for the full width and length of such excavations; also over service trenches suitable coverings shall be maintained, and all excavations parallel to the curb not at street crossings or intersections shall be fenced, barricaded or coned, as determined by a Public Works Inspector, where trenches are open.

(Ord. 22-87)

It shall be unlawful for any person, firm or corporation to make, or to cause or permit to be made, any excavations, or to install, or cause or permit to be installed any tank, pipe, conduit, duct or

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City of Orange, CA

ORANGE CODE

§ 12.20.030

§ 12.20.050

tunnel, 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 person, firm or corporation as required by the provisions of this chapter. (Ord. 22-87)

When the application to excavate and the details shown upon the accompanying duplicate plats, when such plats are required, comply with the terms of this chapter and the regulations of the Department of Public Works, the application and duplicate plats shall be approved by the City Engineer's office. After such approval one of the duplicate plats shall be filed in the office of the City Engineer as a public record. The application and the other duplicate plats shall be filed with the Department of Public Works, together with a special deposit of five dollars per square foot of surface of each such excavations to be made in streets or other public places; provided that no deposit shall be less than $250.00 and provided, further, that any person or firm intending to make excavations in public streets, alleys or other public places may make and maintain with the said Department of Public Works a general deposit in the sum of $5,000.00 which general deposit shall be used for the same purpose as the special deposits described hereinbefore in this section, or may, in lieu thereof, execute and file with the Department of Public Works a bond in the penal sum of $5,000.00 with some surety company authorized to do business in the State of California as surety thereon, running in favor of the City of Orange conditioned that such person or firm shall make all payments required to be made by them or it under and pursuant to this chapter, and while such general deposit is maintained at the said sum of $5,000.00 or while no breach of condition of said bond shall occur such person or firm shall not be required to make the special deposits hereinbefore in this section provided for, but shall be required to file a written application for a permit for each such excavation and duplicate plats showing the location thereof, as in this chapter provided, and to comply with all of the other provisions of this chapter. If a general deposit is made, the Department of Public Works shall deduct from the same amount due under the provisions of this chapter for each calendar month from the person or firm maintaining the same and shall render a statement of such deductions at the end of each month to said person or firm who must, within five days, restore said deposit to its original amount. If a bond is executed and filed hereunder, the Department of Public Works shall each month render to the person or firm filing the same a statement showing the amount of the payments due from them or it hereunder, for such month and such person or firm must, within five days pay such amount to the Department of Public Works pursuant to this chapter. (Ord. 22-87)

Upon receiving a written application, as provided in Section 12.20.010 of this chapter, and one of the duplicate plats, when such plats are required, each bearing the approval of the City Engineer, and the general or special deposit required by Section 12.20.040 of this chapter, the Department of Public Works shall issue a certificate in writing, which shall be evidence of the right of the person, firm or corporation therein named to make such excavation, and shall open and keep an account thereof; provided, however, the Department of Public Works shall not issue such certificate unless the applicant has legal authority to occupy and use, for the purpose mentioned in the application, the streets, alleys, sidewalks or other public places covered by said applications.

Such certificate shall state whether the work to be done is covered by a general or special deposit,

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.20.050

§ 12.20.090

and, if a special deposit, shall state the amount thereof and shall be a receipt therefor. It shall also specify the person, firm or corporation to whom the same is issued, the street, alley or other public place and the particular portion or portions thereof to be excavated and the approximate extent of such excavation. No certificate shall be transferable. The certificate shall state a time when all of the work to be done thereunder shall be completed and every such certificate shall become and be void unless the excavation to be made pursuant thereto is commenced within six months from the date of issuance of said certificate and the work diligently prosecuted as in this chapter required; provided, however, that the Department of Public Works may grant, not to exceed, one extension of time for a period not exceeding 30 days, such extension to be granted in the same manner as the original certificate.

• A. Penalty. In case any excavation made in accordance with any certificate is not backfilled and the pavement is not restored within the time stated herein, or within the time as extended as herein permitted, then the sum of $25.00 for each day such work is thereafter incomplete shall be deducted from the deposit made as required by Section 12.20.040 in this chapter.

• (Ord. 22-87)

In every case the street or thoroughfare so opened or torn up shall be restored by the person, firm or corporation opening or tearing up the same, in the manner and with the material in this chapter provided, and to as good a condition as it was in before the opening or tearing up thereof.

The person, firm or corporation opening or tearing up any pavement shall assume the full responsibility for all reconstruction and repairs as aforesaid, and shall be subject to the penalties hereinafter in this chapter provided in case the work of such repairs and reconstruction was not properly performed.

(Ord. 22-87)

No trench shall be opened in any graded street or thoroughfare for the purpose of laying pipes or conduits more than 500 feet, except in case of emergency and by consent of the Department of Public Works. All such trenches shall be backfilled in the manner specified by order of the Director of Public Works and the old torn-up pavements shall be removed from the street, together with the surplus excavated materials, within three working days from the time such material is placed upon the street, except by the written consent of the Department of Public Works.

(Ord. 22-87)

Pavement shall be restored within seven working days from the time the trench was backfilled in the manner specified by order of the Director of Public Works. On major streets designated by the Director of Public Works during the period following the laying of the concrete base to the re-laying of the wearing surface such concrete shall be covered with steel plates ramped to the elevation of the contiguous pavement.

(Ord. 22-87)

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City of Orange, CA § 12.20.090

ORANGE CODE

§ 12.20.130

Whenever any caving occurs in the side walls of any excavation, the pavement above such caving shall be cut away and in no case shall any void under a pavement be filled by any side or lateral tamping. (Ord. 22-87)

In every case the work or repaving over all trenches must be commenced immediately after said trenches are backfilled, and the work of clearing up the streets is to be considered part of the repaving work, and shall be finished within the same time allowed in all cases for said repaving and to the satisfaction of the Department of Public Works. (Ord. 22-87)

When a street is opened for the purpose of what is known as prospecting or for the purpose of making repairs or alterations to pipes or conduits, as soon as the work of such repairs and alterations is finished, the trench shall be backfilled and pavement restored in the manner and within the time allowed for the restoration of the same kind and character of pavements over main or service trenches.

(Ord. 22-87)

In every case and at all times the work of removal from the streets of all obstructions, surplus materials and debris or waste matter of every description caused and accumulated by said work of opening and restoring public streets and thoroughfares shall be kept up jointly with the work of backfilling and repaving either over "main" or "service" in Sections 12.20.060 to 12.20.110, inclusive, of the chapter, and in all cases the surface of the street shall be restored to as good a condition as it was in before the work of opening commenced.

When any of the work required to be done by Sections 12.20.070 to 12.20.120, inclusive, of this chapter is necessarily delayed by any strike or strikes, such delay shall be added to the time limits therein prescribed. (Ord. 22-87)

In case the pavement or surface of the street over said openings should become depressed or broken at any time after the work has been completed—natural wear of the surfaced or improper work of some other person or firm excepted—the person or firm for whom the street was opened shall, upon a written notice from the Department of Public Works, immediately proceed to repair and restore said pavement in a proper and professional manner to the satisfaction of said Department of Public Works; and it is hereby expressly declared that the fact that the original work of restoring said pavement or surface was subject to the inspection or inspected by or under the authority of the Department of Public Works as in this chapter provided shall not excuse such person or firm from the duty and obligation imposed by this chapter.

When the street was opened for any department, board or officer of the City of Orange in the

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.20.130

§ 12.20.160

discharge of its, his or her official duty, the written notice shall be sent to the person or firm who actually opened the street, and it shall be the responsibility of such person or firm to repair and restore the pavement.

In case said pavement is not completely restored within 30 days after such notice has been given, and unless delayed by a strike or strikes, or conditions beyond their control, the said department shall thereupon do the work at the expense of said delinquent persons or firm. (Ord. 22-87)

All materials shall be furnished by the party or parties for whom the work is being done, and said material shall be of the best quality in strict accordance with the City's Standard Specifications, and all the work shall be performed in a proper and professional manner in compliance with the rules and regulations and to the satisfaction of the Department of Public Works. At the discretion of the Director of Public Works or designated representative, the person or firm, during the progress of the work, shall maintain a sign at such excavation bearing the name of such person or firm and the address and telephone number at which the person or firm may be reached at any time during the day or night. (Ord. 22-87)

In case any part of the work herein referred to, such as refilling of trenches, restoring the pavements or clearing the streets, is not completed within the time required by Sections 12.20.050 and 12.20.120, inclusive, of this chapter (excepting by reason of legal holidays or delays caused by strike or strikes), or unless the Department of Public Works shall in its discretion allow further time for the work that cannot be reasonably so performed, the said Department of Public Works shall in its discretion allow further time for the work that cannot be reasonably so performed, the said Department shall notify in writing the person or firm doing the work to complete the same within 48 hours thereafter, legal holidays excepted, and in case said work should not be so completed within 48 hours after said notice has been received, the Department of Public Works shall have full power to do said work, or may contract for the performance of said work, and the reasonable cost thereof shall be deducted from the general or special deposit of the delinquent person or firm. If, in the judgment of the Director of Public Works or designated representative, the construction defect is considered hazardous or if it constitutes a public nuisance, requiring immediate action, the Director may order the condition remedied by written or oral, including telephonic, communication to the person or firm specified on the sign described in Section 12.20.140. If the person or firm doing the work cannot be reached or does not take immediate action, the Department of Public Works shall have full power to do said work, or may contract for the performance of said work, and the reasonable cost thereof, including administrative expense, shall be deducted from the general or special deposit of the delinquent person, firm or corporation.

(Ord. 22-87)

The Department of Public Works shall deduct from any deposits or collect the following sums for any certificate under the authority of which the excavation was made to cover the costs of inspection, viz: $0.15 per square foot of pavement to be excavated, provided that the minimum

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City of Orange, CA

ORANGE CODE

§ 12.20.160

§ 12.20.210

amount to be deducted shall be $50.00 for each block within which such openings are made; and an amount to cover the actual cost of inspection for excavations, as determined by the Department of Public Works. (Ord. 22-87)

For the purpose of this chapter, an excavation shall be defined as an opening within a block. A block shall be defined as the area of a street from property line to property line in width and extending from the center line of one intersecting street to the next intersecting street. All excavations within one block occurring within the same time period will be considered one excavation for purposes of computing inspection fees. (Ord. 22-87)

The balance of each such deposit, after the deductions herein before provided for have been made, shall be retained by the City of Orange for one year from the date of the completion of the work.

The said City shall also deduct the cost of any work done or repairs made by the Department of Public Works, as provided for in this chapter, from any and all deposits then on hand, belonging to or that may thereafter be made by any person or firm required by this chapter to do any work or to make any repairs under the provisions of Sections 12.20.130, 12.20.140 and 12.20.150 of this chapter, and who shall have failed, refused or neglected to perform such work or make such repairs.

(Ord. 22-87)

Each special deposit made pursuant to the provisions of this chapter shall be retained by the City of Orange for a period of one year after the completion of the refilling of the excavation on account of which such special deposit was made, and at the expiration of such period of one year, such special deposit, less the deduction made pursuant to this chapter, shall be returned to the person or firm making the same, or to such person's or firm's assigns. (Ord. 22-87)

Each general deposit made pursuant to the provisions of this chapter may be returned at any time to the person, firm or corporation making the same, or to their or its assigns, after first making the deductions therefrom authorized by this chapter; provided, however, that the City of Orange shall retain, from each general deposit, such amounts and for such period of time as would be required by this chapter if the amount of such general deposit had been paid as special deposits for permits for the several excavations made by reason of such general deposit. (Ord. 22-87)

The decision of the Department of Public Works as to the cost of any work done or repairs made by it or under its direction pursuant to the provisions of Sections 12.20.130 and 12.20.150 of this

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.20.210

§ 12.20.260

chapter shall be final and conclusive as to such cost. (Ord. 22-87)

All the moneys paid to the Department of Public Works under the provisions of Sections 12.20.160 and 12.20.180, inclusive, of this chapter shall be deposited with the Treasurer to credit of a special account hereby created and designated "Excavation Deposit Account," to be used to defray the cost of inspection made necessary by reason of such excavation and repairs.

All costs of inspection shall be paid from said last named fund, on a warrant drawn by the Treasurer on demands approved by the Department of Public Works and returns of any deposit shall be made in like manner.

The cost of all repairs made to pavements by the Department of Public Works by reason of the failure of any person, firm, or corporation to make the same when required to do so under the provisions of this chapter shall also be paid out of said fund and charged against the general or special deposit made by said person, firm or corporation. (Ord. 22-87)

All excavations, refilling of excavation and repairing of street surfaces, pursuant to the provision of this chapter, shall be made under the supervision and direction of the Street Superintendent. It shall be the duty of the said Superintendent to supervise and direct all such making and refilling of excavations and repairing of street surfaces. (Ord. 22-87)

Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof, is abandoned, the person, firm or corporation owning, using, controlling or having an interest therein, shall, within 30 days after such abandonment, file in the office of the City Engineer a statement in writing, giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of the chapter shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.

It shall be unlawful for any person, firm or corporation to fail, refuse or neglect to file any map or set of maps at the time, and in all respects as required by this chapter. (Ord. 22-87)

The power to issue certificates for service connections may be delegated by the Department of Public Works to its secretary or other employee or assistant of such department. A register shall be kept by said department showing the date and location of each excavation for which a certificate has been granted.

(Ord. 22-87)

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City of Orange, CA

ORANGE CODE

§ 12.20.260

§ 12.20.310

Individuals, corporations, agents or their employees are strictly forbidden to lay main pipes, conduits, etc., in any excavation made by the City or its contractors, except by permission of the Department of Public Works.

(Ord. 22-87)

For the purpose of interpreting the provisions of the chapter, the term "service connection" as herein used shall be taken to mean a branch pipe or conduit between main pipe or conduit and a building or buildings which are to be supplied with heat, light, power, water or telephone, telegraphic or signal service from said main pipe or conduit. (Ord. 22-87)

Any person, firm or corporation engaged in the making or refilling of any excavation in any public street, alley or other public place shall at all times while such work is in progress, keep at the place where such excavation is located the original certificate (or the number thereof) for such excavation and must, on demand, exhibit the same to the Department of Public Works, or to any police officer.

(Ord. 22-87)

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 to the State of California, providing for the improvement thereof, or to any work done or to be done along, in or upon any such street, alley or other public place pursuant to any contract for improvement authorized by the City Council; provided, however, that the provisions contained in Sections 12.20.070 to 12.20.120, inclusive, of this chapter shall apply to all such work and to all excavations to be made along, in or upon any public street, alley or other public place. (Ord. 22-87)

The provisions of this chapter shall not apply to excavations made by any department, board or officer of the City of Orange in the discharge of its, his or her official duty when such work is performed directly by City employees. Nothing in this section shall be construed to exonerate any independent contractor from legal liability for violations of the provisions of this chapter when such contractor performing any work for a department, board or officer under a contract entered into in discharge of its, his or her official duty. (Ord. 22-87)

Nothing in this chapter contained shall be construed to prevent any persons, firm or corporation maintaining any pipe or conduit in any public street, alley or other 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 during such hours as the offices of the City are

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.20.310

§ 12.20.350

closed; provided that the person, firm or corporation making such excavation shall apply for a certificate therefor as herein required within four hours after the offices of the City are first opened subsequent to the making of such excavation. Provided, further, that in making the charges for such emergency prospect holes all the holes within 200 feet of street length shall be charged for as one excavation.

(Ord. 22-87)

Every certificate for an excavation in or under the surface of any public street, alley or other public place shall be issued subject to the right of the City of Orange or of any other person, firm or corporation entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may lawfully be used. (Ord. 22-87)

Neither the City nor officer or employee thereof shall be held responsible for any damage caused by any excavation in the street made by or for any person, firm or corporation but such person, firm or corporation shall be solely liable for any damage or loss occasioned by any act or neglect in respect to such excavation.

(Ord. 22-87)

In case any person or firm shall violate the requirements of this chapter, order of the Director of Public Works, or permit condition, the Director of Public Works or designated representative shall issue a warning of violation of the offending party. Should the violation continue, the sum of $100.00 for each day of said violation shall be deducted from the deposit made as required by Section 12.20.040 of this chapter.

In case any person or firm is found performing work without the permits required by this Public Works Code, the Director of Public Works or designated representative shall order, in writing that such work be stopped and shall deduct the sum of $500.00 from any deposit made as required by Section 12.20.040 of this chapter.

Any person or firm refusing to stop work when ordered to do so by written notice of the Director of Public Works or designated representative, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than $500.00 or more than $1,000.00 or by imprisonment in the County Jail for a period of not less than five days nor more than six months or by both such fine and imprisonment. (Ord. 22-87)

No construction contract or agreement to which the City of Orange is a party shall include any terms or conditions which limit or restrict production or the use of machinery, tools, or other labor-saving devices, except as such limitation or restriction in specific cases shall be necessary to avoid public nuisance or protect public health, safety or facilities. It is declared to be the general policy of the City of Orange that there shall be no limitation or restriction on production or the use of machinery, tools, or other labor-saving devices; provided that the

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City of Orange, CA

ORANGE CODE

§ 12.20.350

§ 12.20.370

contractor operating the same shall assume legal liability for damage to property of others, including utilities, resulting from the operation of such machinery, tools or other labor-saving devices. Where such limitation or restriction is necessary to avoid nuisance or protect public health, safety or facilities, the contract or agreement limiting or restricting such production or the use of machinery, tools, or other labor-saving devices shall specify the location, basis for, and conditions pertaining to such limitation or restriction. The terms hereof are intended to include, but are not restricted to, automatic rapid pavement breakers or other such types of equipment. (Ord. 22-87)

No excavations shall be allowed in any public street, alley or other public place for a period of three years from the completion of street resurfacing or reconstruction; provided, however, that the Director of Public Works may adopt rules and regulations to allow exceptions to this moratorium when such exceptions would benefit the public; and further provided that the inspection cost to be charged shall be sufficient to recover the actual costs of inspection instead of the fees specified in Section 12.20.160 of this chapter. (Ord. 22-87)

Deposits, fees and other charge adjustments shall be subject to recommendations by the City Manager and approved by the City Council. The charges listed in Sections 12.20.040, 12.20.050, 12.20.160 and 12.20.340 may be changed by resolution of the City Council. (Ord. 22-87)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.24.010

§ 12.24.020