Chapter 12.12 — EXCAVATIONS

Prior legislation: Ords. 147, 227, 339, 436, 495 and 627.

As used in this chapter:

• A. “Person” means an individual, a copartnership, a firm, an incorporated or unincorporated association, a trust, a corporation, an estate, or a public agency.

• B. “Excavation” means any operation in which earth, sand, gravel, rock, or other material in the ground is moved, by using tools for grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing, drawing, brushing, or other similar activity.

• C. “Public property” means property owned in fee by the city or dedicated for public use.

• D. “Public rights-of-way” means public easements or public property that are used for streets, alleys or other public purposes.

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

No person shall make or cause to be made any excavation, cut or fill in or under the surface of any street or other public place in the city or construct, alter, or reconstruct any improvements thereon or therein without first having obtained from the public works director a permit to make such excavation or construction. This provision shall not apply to any of the officers or employees of the city under the direction of the various city departments or their designee. (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. Any person applying for a permit required by the provisions of PVEMC § 12.12.020 shall file with the public works director an application in writing on a form furnished by the director. Such form shall specify the following:

  1. The name and residence or business address of the applicant.

  2. The location and area of each excavation intended to be made.

  3. The purpose for which the construction or excavation is to be made and used.

  4. Proof of legal authority to occupy and use, for the purpose mentioned in said application, the streets wherein the excavation is proposed to be made.

  5. The proposed start date and the estimated time to complete the work.

  6. A trench cut cost recovery fee as determined by resolution of the city council.

  7. The deposits and fees as required by resolution of the city council.

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City of Palos Verdes Estates, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.12.030

§ 12.12.040

8. Such other information as the public works director may desire.

• B. The applicant shall also provide the following:

  1. A plat in duplicate showing the location of each proposed excavation or new construction, the dimensions thereof and such other details as the public works director may require to be shown upon such plat; provided, however, that the public works director may waive such requirement when, in his or her opinion, the plat is unnecessary.

  2. A report of survey, when such deemed to be desirable by the public works director.

• C. The application shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council.

• D. A permit for the construction, alteration, or reconstruction of improvements on property of the city shall be issued only to a person licensed by the state of California as a contractor for the work to be performed under said permit and shall not be transferable.

• E. Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth, and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the public works director, and all backfilling, compaction, and pavement restoration performed for any excavation shall comply with all city standards that have been adopted by the public works department.

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. The public works director may condition issuance of an excavation permit to provide for the public safety, the protection of persons or property, the public convenience, the accommodation of public needs, adequate traffic control, control over litter and noise, the cleanup and removal of construction materials, and such other provisions as may appear to be in the public interest.

• B. Prior to issuance of an excavation permit, the director shall require the applicant to provide and maintain:

  1. An agreement to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, costs, charges, and expenses, including attorney’s fees, and causes of action of whatsoever character which city may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment.

  2. An agreement to reimburse the city for any costs incurred by the city to repair damage, restore premises, or satisfy claims incurred by reason of the excavation.

  3. A certificate of insurance issued by a corporation authorized to do business in the state of California providing for comprehensive general liability insurance in an amount established by resolution by the city council, on account of any one occurrence or in the aggregate resulting in injury to or death of one person or for damage to property. A certificate indicating that the city is named as additional insured shall be provided on a form specified by the city.

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City of Palos Verdes Estates, CA

PALOS VERDES ESTATES CODE

§ 12.12.040

§ 12.12.100

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. An excavation, cut or fill may be made in an emergency without a permit having been issued.

• B. An emergency shall exist in any situation where, due to the shortness of time and the magnitude of the danger sought to be averted, it is impractical to secure a permit before work is commenced.

• C. Any person making or causing to be made any such emergency excavations, cut or fill shall notify the public works director and shall obtain a permit as soon as practicable after such work is commenced.

• D. The provisions of this section shall be strictly construed against the person claiming the benefit hereof and such person shall have the burden of proving the existence of such emergency.

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

The permittee shall keep the permit at the work site at all times any work is in progress. (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. An excavation, cut or fill in or under any street or other public property shall be done under the supervision of the public works director or his or her designee. Any such work done without the inspection and approval of the public works director shall be subject to rejection and abatement as a public nuisance.

• B. The applicant shall be subject to inspection fees as determined by resolution of the city council. Such inspection fees shall be paid prior to the commencement of the excavation.

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

The excavation permit may be revoked by the public works director if the applicant fails to comply with any of the requirements or conditions of the permit or if the director finds that such action is necessary to protect the public interest.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

The decisions of the public works director in connection with the excavation permit may be appealed to the city council.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

Before any vehicle shall be driven or operated over any sidewalk or curb at any point other than

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City of Palos Verdes Estates, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.12.100

§ 12.12.140

where a driveway had been constructed, the sidewalk or curb shall be adequately protected by wood planking so that the sidewalk or curb is not damaged.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

The permittee shall comply with all current federal, state, and local safety regulations. Barriers, warning signs and lights, and other measures must be erected by the permittee. Warning lights shall be placed and maintained at each excavation or obstruction at distances of not more than fifty feet along such excavation at all times until the excavation is entirely refilled and resurfaced or such obstruction is removed. Barriers shall be placed and maintained not less than three feet high at each end of any excavation or obstruction at all times until the excavation is entirely refilled and resurfaced or such obstruction is removed. Additional safety measures may be required by the public works director.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. No person shall make any excavation in any street without maintaining safe crossings for vehicular traffic at all street intersections and safe crossings for pedestrians at intervals of not more than two hundred feet.

• B. Free access must be provided to all fire hydrants and water gates.

• C. All excavated materials shall be laid completely along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to travelers.

• D. All traffic control shall be administered pursuant to the latest edition of the Work Area Traffic Control Manual.

• (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

All work and construction must conform to all city standard plans and specifications and the latest edition of the Standard Specifications for Public Works Construction (the “Greenbook”) and the APWA Standard Plans for Public Works Construction and all amendments and supplements, as approved by the public works director. In case of conflict between the city standard plans and specifications and the Greenbook or the Standard Plans for Public Works Construction, the city standards shall take precedence over and be used in lieu of such conflicting portions.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

• A. After an excavation, cut or fill in or under any street or other public property is commenced, such work shall be prosecuted diligently to completion and shall restore the surface to a condition approved by the public works director.

• B. Permittees shall maintain the surface of the street or other public property in good condition for a period of two years following the date of issuance of the permit.

• C. Should it become necessary for the surface of a street to be repaired due to causes

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City of Palos Verdes Estates, CA § 12.12.140

PALOS VERDES ESTATES CODE

§ 12.12.150

attributable to an excavation, the permittee shall make such repairs at no cost to the city. (Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

Should a permittee fail or refuse to perform any work in accordance with the conditions of the excavation permit or the provisions of this chapter within five days’ notice by the city, the city may complete the work and the permittee shall pay the actual cost of the work plus an additional fifteen percent.

(Ord. 650 § 2, 2003; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.16.010

§ 12.16.020