Chapter 12.24 — EXCAVATIONS

This chapter shall take effect November 1, 1937, and shall be known and may be cited as the "excavation ordinance."

(Ord. 3414 § 5, 1938: Ord. 3387 § 47, 1937)

Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in this section (unless in the given instance the context wherein they are used clearly imports a different meaning).

A.

"Engineer" means director of public works of the city of Pasadena.

B.

"Excavation" means any opening in the surface of any street made in any manner whatsoever, except an opening into a structure located below the surface of the street, the top of which is flush with the adjoining surface of the street and so constructed as to permit frequent openings without injury or damage to the surface of the street.

C.

"Facility or equipment" means pipe, pipe line, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, cross-arm or bracket, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character not particularly mentioned herein which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any portion of the street.

D.

"Incidental expenses" means all expenses incidental to work authorized by any permit issued hereunder or incidental to the inspection, supervision or completion thereof, including a reasonable charge for overhead.

E.

"Obstruction" means any object, material, instrumentality or impediment in, upon, along, across, under or over a street needed or useful for a limited period of time in performing or doing work in, upon, along, across, under or over a street or in or upon property in close proximity thereto whether the same obstructs travel or not, provided a barricade, torch or light when placed upon, along or across a street by any person placing personal property lawfully in, upon, along, across, under or over such street to protect the public, such property or any work done in connection therewith, or by an officer or employee of the city in the course of his employment, shall not be considered an obstruction within the meaning of the foregoing definition.

F.

"Owner" means the person in which the title to any given piece of property is vested, or any person owning or having any interest in said property, and when the city is the owner within the foregoing definition, the word "owner" shall include the department or departments of the city having control or supervision over said property.

G.

"Person" means any individual, firm, partnership, association, organization, business trust, public or private corporation, and every department of the city, and every officer or employee of any of them while working in the course of his employment.

H.

"Street" means public street, lane, alley, court, easement, right-of-way or other public place in the city, as they now exist or may hereafter be established, or any portion thereof, including all or any part of the entire width of the highway, right-of-way or easement, whether or not such entire area is actually used for highway purposes, excepting any easement or right-of-way vested in the city for a specified single utility purpose only.

I.

"Street betterment" means any of the following when any work in connection therewith is done or performed by or at the instance and request of the owner of the real property abutting the street where such work is to be done or performed:

Grading of street;

Paving of street;

Construction of any gutter, sidewalk, crosswalk, step, seat, fountain, curb, driveway, tunnel, subway, viaduct, bridge, sewer, connecting sewer, instrumentality of sanitation, together with the necessary outlet, drain, channel for drainage purposes with necessary outlet;

Painting or placement of any street or house number, letter or name on any curb or other street betterment;

Installation of any pole, post, wire, pipe, conduit, lamp, ornamental light standard and any suitable or necessary appliance for the purpose of lighting any street;

Any hydrant and appliance for fire protection; retaining wall; embankment; or any appliance, attachment or appurtenance in connection with any structure or object mentioned in this definition, or any similar structure or object which will improve the whole or any portion of any street.

J.

"Street improvement" means any improvement, or any portion thereof, which the city is authorized by law to make in, upon, along, across, under or over any street, and any instrumentality used or useful in connection with the use thereof for travel or in connection with the construction, erection, maintenance or repair thereof, including a torch, red light or barrier.

K.

"Temporary driveway" means the equipment required by this chapter at the location upon any street designated in any permit issued hereunder authorizing a vehicle to be driven or operated over any sidewalk or curb at a point other than where a driveway has been constructed.

L.

"Travel" means vehicular or pedestrian travel.

M.

"Vehicle" means a device in, upon or by which any person or property is or may be propelled, moved or drawn on the highway weighing in excess of 100 pounds.

N.

"Work" means any or all of the acts mentioned in paragraphs numbered 1 to 6 inclusive of subsection A of Section 12.24.060.

(Ord. 5041 § 1, 1971; Ord. 4876 § 1, 1968; Ord. 3387 § 1, 1937)

A.

The use of the singular number herein includes the plural, and the use of the plural number includes the singular.

B.

It is the intention of the legislative body of the city in adopting the ordinance codified herein to require all departments of the city using or occupying the streets of the city, to comply with the provisions hereof except that such departments shall not pay the engineer any deposit before securing a permit and such department shall not pay any permit fee or any general or special deposit as herein provided.

(Ord. 3387 § 43, 1937)

Whenever any power or authority is given to, or any duty is imposed upon, any officer by any provision of this chapter it may be exercised or performed by any deputy or assistant of such officer unless it is expressly provided that it shall be exercised by such officer in person.

(Ord. 3387 § 44, 1937)

A.

The provisions of this chapter shall not apply to any work done or to be done in, upon, along, across, under or over any street pursuant to any street improvement law of the state, or ordinance of the city, providing for the improvement thereof or pursuant to any contract in which the city is a party and which has been authorized by the legislative body of the city, provided that the provisions of Section 12.24.240 shall apply to all such work and provided further that the provisions of Section 12.24.280 shall apply to all such work unless the provisions of the specification thereof are contrary to Section 12.24.280.

B.

The provisions of this chapter shall not apply to any metropolitan water district created pursuant to the general laws of the state. The terms and provisions under which any such metropolitan water district shall be permitted to use and occupy the

streets shall be prescribed by agreement between the legislative body of the city and such district, subject to reasonable rules and regulations of the engineer.

(Ord. 3387 § 45, 1937)

A.

No person shall do or perform, or cause the doing or performing of any, of any number of, or all of the following, until and unless he has filed with the engineer a written application, and secured from the engineer a permit therefor, and until and unless he has complied with all of the conditions and regulations of this chapter applicable thereto, except as hereinafter provided in subsection B of this section:

Make any excavation, tunnel or bore in or under the surface of any street;

Construct, erect, place or repair any facility or equipment in, upon, along, across, under or over any street, or remove any facility or equipment from any street;

Repair, construct, reconstruct, erect or make any street betterment in, upon, along, across, under or over any street or remove any street betterment from any street when such work is done or performed by or at the instance and request of the owner of the real property abutting the street where such street betterment is to be repaired, constructed, reconstructed, erected or made or removed;

Destroy or remove any street improvement in, upon, along, across, under or over any street;

Construct, leave, place or maintain any obstruction in, upon, along, across or over any street;

Drive or operate a vehicle over any curb or sidewalk located upon any street at a point other than where a driveway has been constructed.

B.

Subsection A of this section shall not apply in case of emergency when it is necessary for the preservation of life or property to do work immediately in, upon, along, across, under or over any street in the city, provided that the person doing such work files a statement of the necessity therefor, a drawing or plat as required by said subsection A and makes a deposit as required by Section 12.24.120 with the engineer within 8 hours after beginning said work, or within 4 hours after the office of the engineer is first open subsequent to beginning said work.

A department of the city shall not be required to make application for or secure a permit from the engineer to construct, erect, place or repair a pole, pole line, tower, crossarm or bracket, transformer, conduit, junction box, wire, meter, meter box,

valve, valve box, in, upon, along, across, under or over a street of the city or remove the same from a street of the city when the work does not interfere with, disturb, destroy or remove any street improvement.

Any person operating under a franchise granted by the city and holding an annual blanket permit, shall not be required to make application for or secure a permit from the engineer to place or repair any facility or equipment when such placing or repairing does not interfere with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the surface of a street.

The owner of real property abutting the street shall not be required to have a permit in connection with work defined under paragraph 4 of subsection I of Section 12.24.020, provided that the work shall in all other respects meet all specifications required by the city engineer and superintendent of streets. Nothing herein shall authorize a contractor or any other person who is not the owner of abutting real property to perform the said activities without first securing a permit as required by this chapter.

(Ord. 4876 § 2, 1968; Ord. 3447 § 1, 1938; Ord. 3387 § 2, 1937)

Such written application, the form of which must have been approved by the city controller, shall be on a form furnished by the engineer.

(Ord. 3387 § 3, 1937)

A.

If an applicant applies for a permit to do any work mentioned in paragraphs numbered 1, 2 or 3 of subsection A of Section 12.24.060, at the time of filing such application the applicant also shall file with the engineer a drawing or plat showing the proposed location, size and depth of an excavation, tunnel or bore to be made, the proposed location and elevation above or below the established grade of the center line of the street, and if below the street, the proposed elevation below the actual surface of the roadway, the character of the street improvement or street betterment, facility or equipment or work to be done as the case may be; provided, however, that the filing of the drawing or plat shall not be required when an application is filed requesting a permit to excavate in a street for the purpose of making a service connection when extending a lateral to a property line from a main duct line, or for the location of trouble in conduits or pipes, or making repairs thereto, or for any minor work of repair, reconstruction or excavation when the description of the work to be done in the application gives all the data required by this subsection to be shown on a drawing or plat.

B.

The applicant for a permit pursuant to the provisions hereof, upon demand of the engineer at any time before the completion of the work mentioned in the application, will submit to the engineer as soon as practicable, any additional drawings, or any profiles or specifications of the work to be done or performed he may deem necessary, or of the street improvement, street betterment, or facility or equipment, as the case may be, to be constructed, erected, installed, maintained, operated, repaired, reconstructed or removed. The engineer may order all further work stopped until such additional drawings or profiles or specifications have been approved by the engineer.

C.

At the time any person applies for a permit for making a tunnel or bore in any street, he shall submit to the engineer for approval, specifications setting forth the method proposed to be used in backfilling the tunnel or bore.

D.

Any work done pursuant to paragraphs numbered 1, 2 or 3 of subsection A of Section 12.24.060 shall be done and performed in accordance with the drawings, plans, profiles or specifications designated in the permit issued therefor.

E.

Any applicant for a permit to place or paint any street or house numbers, letters or names on any curb, parkway or any other street betterment in the city shall be subject to such special rules and regulations as may be adopted from time to time by the board of directors. Such rules and regulations shall be adopted and amended by motion of the board.

(Ord. 4876 § 3, 1968; Ord. 3387 § 4, 1937)

A.

If the proposed location of any street betterment, or facility or equipment to be constructed, reconstructed, erected, installed, maintained, operated or repaired, in, upon, along, across, under or over any street or removed from any street, and if the proposed location of any obstruction or temporary driveway to be constructed, left, placed or maintained in, upon, along, across or over any street by the applicant does not interfere:

Unreasonably with the use of the street for the purpose of travel;

With any proposed or contemplated use of the street by the city or any of its departments, either above or below the surface of the street, for which plans have been prepared, or for which plans are in the course of preparation, which said plans have been authorized by the city manager or the legislative body of the city;

With personal property lawfully in, upon, along, across, under or over streets; and otherwise complies with the applicable provisions of this chapter, or any other ordinance of the city germane thereto, in force and effect at the time such application is made, the engineer shall approve such application and issue a permit or permits therefor; provided, however, that the engineer shall not issue any permit when the proposed manner of doing the work would be detrimental to the public welfare.

B.

The director of public works shall not issue a permit for any driveway approach at any location on a freeway frontage road or other city street if in his opinion such installation would cause excessive vehicular weaving or lane changing movements or otherwise adversely affect traffic flow and safety on public streets. It is not the intent of this section that the director of public works shall deny vehicular access to any property, but rather that, based on sound traffic engineering principles, he shall exercise control over the number and location of all points of driveway access to city streets.

(Ord. 5198 § 1, 1975; Ord. 3387 § 5, 1937)

The legislative body motion or resolution may authorize the engineer to withhold or restrict the issuance of excavation permits during certain periods and within certain geographical areas upon determination by said body that the regulation is in the best interests of the public welfare.

(Ord. 4825 § 1, 1967: Ord. 3387 § 5-A, 1937)

A.

Nothing in this chapter contained, and no fact, circumstance or inference arising therefrom shall be deemed or considered to grant any franchise, right or privilege in, over or under any street of the city.

B.

Nothing in this chapter contained shall ever be construed or taken to exempt, or as a contract right exempting a permittee from complying with any ordinances now in force or which may hereafter be adopted.

C.

Every permit for work in, upon, along, across, under or over a street shall be granted subject to the right of the city, or any other person entitled thereto, to use that part of such street for any purpose for which the street may lawfully be used.

(Ord. 3387 § 6, 1937)

Fees for the items specified in this section shall be established by resolution adopted by the board of directors and no permit shall be issued nor shall such permit be valid until the applicant has paid all such fees to the city. The items for which a fee shall be charged are specified hereinafter:

A.

Basic nonrefundable permit fee which shall be charged in addition to any other fees provided for hereunder;

B.

An additional fee shall be charged and collected prior to issuance of a permit for the following work or service items:

Utility service or main installation (in concrete or asphalt street or sidewalk),

Utility service cuts in unimproved areas (no concrete or asphalt),

Sidewalk or drive approach repairs or widening,

Drive approach installation or replacement,

Roof drains or temporary drive approaches,

Sidewalk installation or replacement,

Curb and gutter installation or replacement,

Tree removal or replacement,

Installation, repair or removal of storm drains, catch basins, culverts, sewer mains and laterals,

Sidewalk, parkway or roadway occupation,

Installation of wheelchair ramps,

Installation of manholes,

Bore hole testing,

Block party and related street uses, provided that the fee schedule authorized by the board of directors may allow for a reduced charge for nonprofit corporations, organizations or associations applying for such a permit;

C.

Permits issued under this section shall be valid for a period of 7 days only, except permits to public utilities and city departments, which shall be valid for a period of 30 days, except as otherwise granted in advance of commencement of work.

(Ord. 5568 § 40, 1982)

If a person does or performs, or causes to be done or performed, any of the acts for which a permit is required by Section 12.24.060, without first securing a permit therefor, except in case of emergency, the amount of the fee provided for such act shall be increased by 50 percent. The payment of such additional amount of fee shall not excuse or in any way interfere with the enforcement of any of the provisions hereof.

(Ord. 5041 § 3, 1971: Ord. 3387 § 8, 1937)

A.

When the engineer issues a permit to any department of the city, the department shall be liable for and shall pay the engineer his expenses in connection with any work he may do as the result of the issuance of the permit, in the same amount as any person is required to pay pursuant to the provisions hereof, except that each department shall not be required to pay any permit fee, or make a special or general deposit.

B.

Monthly the city controller shall send a bill to any or all of the departments of the city securing permits from the engineer pursuant to the provisions herein during the preceding calendar month for all work done, materials furnished, reasonable rental value of equipment used and incidental expenses of the city in connection with said permits.

C.

After any such bill has been approved, audited and allowed, the general fund of the city shall be credited with the amount thereof.

(Ord. 3387 § 9, 1937)

A.

In addition to the permit fees required by Section 12.24.120, any person, except city departments, intending to do any work in, on, over, or under any street, shall deposit with the engineer a cash deposit or permit bond equal to 100 percent of the engineer's estimate of the cost of the work to be done. The bond or deposit shall guarantee payment of the following costs:

Inspection and supervision of the work by the engineer;

Refilling any excavation, tunnel or bore;

Removing any obstruction or temporary driveway;

Restoring a street surface to as safe, usable, durable and good condition as existed prior to the commencement of the work;

Any other act or work of the engineer incidental thereto.

B.

Where a permit bond is filed, it shall be made payable to the city, executed by the permittee and by a surety company conditioned that if such person fails to pay the bill for the reasonable cost and expense of the work done and performed by the engineer pursuant to the provisions of this chapter, then the surety will pay the same to the amount of the bond. Such bond and the surety thereon must receive the approval of the city attorney and the city clerk before it shall be accepted by the engineer.

C.

Immediately upon the reduction of the obligation of such surety by payments made thereon, such bond shall be renewed and at all times maintained in the full amount herein required.

D.

Public utilities operating under the jurisdiction of the Public Utilities Commission of the state are exempt from the requirements of this section.

(Ord. 5041 § 4, 1971: Ord. 4752 § 1, 1966; Ord. 3461 § 1, 1939: Ord. 3387 § 10, 1937)

If the estimated amount of any deposit or bond in lieu thereof proves to be insufficient, the engineer shall cause the work done pursuant to the permit to be stopped until such additional sum is deposited as will equal the estimated cost and

expense of the items mentioned in subsection A, paragraphs 1 through 5, of Section 12.24.150, or until the amount of such bond is increased to equal such amount.

(Ord. 5041 § 5, 1971: Ord. 3461 § 2, 1939: Ord. 3387 § 11, 1937)

The applicant of any permit authorized to be issued pursuant to the provisions of this chapter shall show to the satisfaction of the engineer a lawful right to use and occupy the streets of the city for the purpose and at the location mentioned in the application.

(Ord. 3387 § 12, 1937)

The engineer may make such changes in the application as to the location, size and depth of any excavation, tunnel or bore as he may deem necessary for the protection of the streets wherein such excavation, tunnel or bore is to be made, or as in his judgment are necessary for the proposed purposes thereof, and may make such changes as to location, size or character of an obstruction, street betterment or temporary driveway constructed, erected, made, left, placed or maintained, in, upon, along or across, under or over any streets as in his judgment are necessary to comply with good engineering and workmanship, to prevent undue interference with travel upon the streets, or danger to the safety of persons using the same, and may make such changes as to location or elevation above or below the surface of the street of any facility or equipment to be constructed, erected or placed as in his judgment are necessary to prevent undue interference with travel on the streets or danger to the safety of persons using the same.

(Ord. 3387 § 13, 1937)

Any permittee, before doing any work in the streets of the city pursuant to any permit issued in accordance with the provisions hereof, if required by the permit, shall secure from the engineer the lines and grades approved by him for doing said work, and shall conform thereto in doing and performing said work.

(Ord. 3387 § 14, 1937)

The permittee shall keep the permit at the site of the work at all times while any work is in progress, by retaining the same on his person or delivering it to the foreman or person in charge of the actual doing or performing of the work authorized by the permit.

(Ord. 3387 § 15, 1937)

After any work in connection with any excavation, obstruction, facility or equipment, or street betterment is commenced, by the holder of any permit as herein provided, the work of accomplishing the purpose thereof shall be diligently carried on and completed by him in a manner that shall not obstruct the street or any travel thereon more than is absolutely necessary.

(Ord. 3387 § 16, 1937)

A.

All work done in the streets shall be done under the direction and to the reasonable satisfaction of the engineer. From time to time, or at such time as he deems necessary, as the work progresses, he shall inspect all work done or performed pursuant to any permit issued by him.

B.

Any permittee of any permit issued hereunder, excepting any department of the city, shall notify the engineer 24 hours in advance of starting or commencing any work to be done or performed thereunder, and before refilling any excavation, tunnel or bore, in order that the engineer may procure and assign an inspector to inspect the same, or in order that he may lay out any portion of said work. No work shall be done, or any excavation, tunnel or bore refilled until such notice shall be given and authority is given therefor by the engineer.

(Ord. 3387 § 17, 1937)

A.

Before any vehicle shall be driven or operated over any sidewalk or curb at any point other than where a driveway has been constructed, such sidewalk and curb at the point where the vehicle is to be driven or operated over the same, shall be adequately protected by wood planking in such a way as to fully protect the sidewalk or curb from danger or injury. The outside ends of all planks so used shall be evenly adjusted and beveled in such manner as to render passage thereover as easy and safe as possible. All portions of the street and sidewalk so protected at all times shall be kept open and clean and passable for pedestrians.

B.

Such planks shall be maintained only during the life of the permit issued therefor. The maintenance of planks over the curb and sidewalk after the expiration of the permit shall be unlawful, and is declared to be a public nuisance and may be abated by the city at any time thereafter by removing the same without notice to the permittee, and the cost and expense of removing the planks shall be collected from the permittee in any manner authorized by law.

(Ord. 3387 § 18, 1937)

A.

Every person making an excavation in any street or causing the same to be made, or constructing, leaving, placing or maintaining an obstruction in any street, or causing the same to be constructed, left, placed or maintained shall place and maintain torches or red lights from sunset of each day to sunrise of the next day, until such excavation is entirely refilled or such obstruction is removed:

Along the side of such excavation or obstruction at an angle to the street line, at distances not more than 3 feet apart, but there shall be placed and maintained not less than 3 such torches or red lights on such side; and

Where such excavation is within a street intersection torches or red lights shall be placed and maintained on each side thereof at distances not more than 3 feet apart, but there shall be placed and maintained not less than 3 such torches or red lights on each side; and

Along the side of such excavation or obstruction parallel to the street line, at distances of not more than 25 feet apart; and

Where red lanterns are used as a warning, they shall be maintained in such condition so as to be visible from a distance of 300 feet.

B.

Every said person shall place and maintain barriers at each side of such excavation or obstruction at an angle to the street line and at such other places as directed by the engineer at all times until such excavation is entirely refilled or such obstruction is removed. The barriers shall be not less than 2-½ feet high and shall display on the front thereof in letters not less than 4 inches high the word or words:

"Excavation," or "Obstruction," or "Danger," or "Street Closed," or "Detour," or

"Dangerous but Passable," or any other word or words appropriate to the particular purpose for which the barrier is used; provided that any other type of barrier, a plan of which has been approved by the engineer, may be used; provided, further, that every such person shall use the type of barrier as may be specified by the engineer.

(Ord. 3580 § 1, 1941; Ord. 3532 §§ 1, 2, 1940; Ord. 3387 § 19,1937)

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 200 feet.

B.

If any excavation is made across any street, at least 1 safe crossing shall be maintained at all times for vehicles and pedestrians.

C.

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

D.

All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to travel. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and keep a passageway at least 5 feet in width open and along such sidewalk.

E.

All gutters shall be maintained free and unobstructed for the full length of the adjacent curb, and for at least 1 foot in length from the face of such curb at the gutter line. Whenever a gutter crosses a street intersection an adequate waterway shall be provided and at all times maintained, provided when good cause is shown therefor, the engineer may permit any permittee to place in the gutter next to the curb metal pipe of such inside diameter as will permit the free passage of all storm water in lieu of maintaining the gutter free and unobstructed as herein provided.

(Ord. 3387 § 20, 1937)

A.

It is unlawful for any person to construct, erect, install or lay or cause or permit to be constructed, erected, installed or laid any facility or equipment below the surface of the roadway, or to dig or make any tunnel or bore or other structure except manholes, vaults, valve boxes, culverts and catch basins, in any roadway a distance of less than 30 inches below the actual surface of the roadway measured from said surface to the nearest point to such property, tunnel or bore, as the case may be.

B.

Where, however, such depths are impracticable due to extraordinary circumstances, the applicant of any permit shall secure the approval of the engineer in person as to the suitable depth or location of said property, tunnel or bore, and the same shall be placed in conformity with such approved location or depth, and in a manner satisfactory to the engineer.

(Ord. 3387 § 21, 1937)

A.

All manholes, vaults, traps, catch basins or other structures shall be so capped and covered as to be flush with the surface of the street, and shall not interfere in any way with the use of the streets for the purpose of travel.

B.

The permittee shall not lay, construct, erect or install in the streets of the city any vent pipe from any vault, manhole or other structure of the permittee except in the manner and at the location or locations prescribed or approved by the engineer.

C.

A person shall not install or connect a pipe connection known as a Y branch in the top of any main line sewer of the city without first securing the written approval of the engineer.

D.

Structures constructed below the surface of the street, such as gasoline or oil storage tanks, or basement walls, shall not be placed or constructed under any portion of any sidewalk or street parking lying between the outer curb line and any point in such sidewalk or street parking 4 feet distant from such outer curb line, or under any alley within 5 feet of the center line thereof; provided, however, that the legislative body of the city may issue a special permit to construct such substructures under sidewalks and street parkings contrary to the provisions of this section when unnecessary hardship or unreasonable property loss otherwise would result.

(Ord. 3387 § 22, 1937)

A.

On completion of the work provided for in the permit, the permittee shall refill in a workmanlike manner any excavation and/or remove any obstruction in the street, and it is unlawful for any person to fail, refuse or neglect to comply with this requirement.

B.

The refilling of all excavations shall be made in the following manner:

The dirt or earth removed shall be replaced and carefully tamped in layers not exceeding 4 inches in thickness, and each layer shall be well flooded with water and allowed to stand until the water has seeped away before the next layer is put on, and the top layer shall be well flooded with water and tamped, although the same may be less than 4 inches in thickness. The top of the dirt or earth placed in said excavation shall be not more than 2 inches above the surrounding surface of the street.

C.

The top surface of the dirt or earth refilled in any excavation shall conform sufficiently to the level of the adjoining street surface and shall be compacted so that it is hard and smooth enough to be safe for traffic to pass over at the legal rate of

speed. If the top surface of the dirt or earth cannot be maintained in such condition, the permittee shall maintain barriers and torches or red lights around it as herein provided, until the surface of the street has been restored to such condition as would permit the safe passage of travel thereon and the use thereof.

D.

The permittee may use either a hand or mechanical tamper weighing not less than 1 pound per square inch of face, and satisfactory to the engineer. If, after any excavation has been refilled as herein provided, and the dirt or earth placed in the excavation settles so as to bring the surface of the refilled material below the surrounding surface of the highway, the permittee shall refill the excavation with dirt or earth and keep the same so refilled until the surface of the street has been restored by the city.

E.

If, in the opinion of the engineer, soil, climatic or other conditions are such that a more compact refilling of excavations may be secured by employing methods other than specified in this section, the engineer shall so advise such permittee, and in such instance the permittee shall use the method of refilling excavations prescribed by the engineer.

(Ord. 3387 § 23, 1937)

If any person making any excavation in or constructing, leaving, placing or maintaining any obstruction on any street fails to refill such excavation or remove such obstruction or temporary driveway, in the manner and within a period of time satisfactory to the engineer, the engineer may do or complete said work of refilling or removal, and the permittee for whom said excavation was made or obstruction was placed, shall be liable to the city for the doing of the work so done by the engineer, and the engineer shall deduct the cost of the work done by him from the deposit made by the person obtaining the permit, and any portion of the deposit remaining after defraying such expense, shall be returned to the permit holder.

(Ord. 3387 § 24, 1937)

When the doing or performing of any of the things mentioned in paragraphs numbered 1 to 6 of subsection A of Section 12.24.060, in any of the following streets of the city, unreasonably interferes with travel thereon and the engineer so finds, he shall notify the permittee to that effect, and thereafter such work shall be prosecuted diligently for a total period of not less than 15 hours each calendar day from midnight to midnight, except holidays and Sunday:

All streets in the area bounded by Lake Avenue on the east, Vernon Avenue on the west, Walnut Street on the north and Green Street on the south, including said four streets contiguous to the area above mentioned or within any portion of any street in front of any property located in any manufacturing, industrial or commercial zone, as the same is or shall be defined by any comprehensive zoning ordinance of the city, including any street intersection each corner of which is, or shall be, contiguous to the property defined as a manufacturing, industrial or commercial zone in such ordinance.

(Ord. 3387 § 25, 1937)

A.

By and through the engineer only, the city shall restore the improved surface of any street except a street betterment in which any excavation has been made or which has been injured or damaged in any way by the doing or performance of work under any permit issued hereunder to as useful, safe, durable and good condition as existed prior to the making of such excavation or the doing of such work.

B.

Such work shall be done with city labor, materials and equipment. The engineer shall cause the work of restoration of the improved surface of the street to be commenced as soon as practicable after the work of the permittee has been completed, and shall thereafter diligently carry on the work until completed.

(Ord. 3387 § 26, 1937)

The engineer shall keep an accurate record of the amount expended by the city for labor, materials, the reasonable rental value of the equipment used by the city in doing or performing said work and all incidental expenses in connection therewith. The record or records so kept shall be in the form and of the character designated and determined by the city controller, subject to the other provisions of this chapter.

(Ord. 5041 § 6, 1971; Ord. 3387 § 27, 1937)

A.

As soon as practicable after all work done or performed, or to be done or performed by the permittee pursuant to any permit issued hereunder, has been completed and accepted by the engineer, and the city has completed all work of restoring the street surface as herein provided, the city controller shall prepare and deliver a bill for the reasonable cost and expense of the work done and performed by the engineer, to the permittee therefor.

B.

If the permittee made a deposit and the bill is not paid within 15 days after delivery, the amount thereof shall be deducted from the deposit. If the permittee filed a bond in lieu of a deposit and the bill is not paid within 15 days after delivery of the bill, the city controller shall deliver to the surety a copy of the bill together with a statement that it has not been paid, and a demand for payment, and the surety's obligation on the bond shall thereupon become due and payable to the amount of the bill.

(Ord. 5041 § 7, 1971: Ord. 3461 § 3, 1939; Ord. 3387 § 28, 1937)

It is unlawful for any person destroying or removing, or causing to be destroyed or removed, any street betterment, or any portion thereof, to fail, refuse or neglect for a period of 20 days after written notice from the engineer to construct or cause to be constructed, erected or made in place thereof such street betterment of the same quality and appearance as the one removed or destroyed, and the same shall conform as nearly as practicable to the specifications therefor when constructed.

(Ord. 3387 § 29, 1937)

A.

Every permit for making a house connection to a sewer, or for making repairs to the same, shall terminate within 15 days after the date of issuance, provided that any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this chapter within 3 days after the date of commencing such work, and within 1 day after final inspection of the pipe, if any, by the engineer, and nothing in this chapter contained shall be construed to allow a longer period of time therefor.

B.

If any person fails, refuses or neglects to complete the making of any house connection to a sewer, or to refill any excavation therefor within the time required by this section, the engineer shall complete the refilling of such excavation in the manner

required by this chapter, and the engineer shall deduct and retain the cost of the refilling from the deposit made at the time of securing the permit therefor.

C.

If the work provided for in any permit is not completed within the time prescribed herein, such permit shall be canceled and the city shall retain the permit fee therefor.

(Ord. 3447 § 3, 1938; Ord. 3414 § 4, 1938; Ord. 3387 § 30, 1937)

A.

Any permit issued under the provisions of this chapter may be revoked by the engineer on approval of the city manager:

At any time it may become necessary for the city to construct any sewer, water main, pipe line or conduit or other public work of any kind along, in or through the excavation constructed or maintained under authority of such permit, and the city shall have the right to use any portion of any such excavation for the construction and maintenance of any such sewer, water main, pipe line, conduit or other public work or improvement;

If the permittee fails, neglects or refuses to comply with any of the conditions of the permit issued to him, or of any of the terms or conditions of any ordinance now in force or hereafter adopted by the city in the exercise of its police power during the term hereof, and if such failure, neglect or refusal continues for more than 3 days after demand by the engineer, for compliance therewith, then, and in that event, the engineer, in addition to all rights and remedies allowed by law to the city, thereupon may revoke the permit.

B.

In the event that it becomes necessary for the engineer, with the approval of the city manager, to revoke a permit in accordance with the provisions of this section, the city, its officers and employees, shall not be held liable for any damage that may accrue therefrom, and the permittee, by the acceptance of the permit, expressly releases the city, its officers and employees as in this section provided.

(Ord. 3387 § 31, 1937)

A.

Where any permit fee or deposit has been paid more than once, or illegally, erroneously or wrongfully paid or collected, it shall be refunded by the city controller upon the approval of the engineer where a claim therefor has been filed with the city controller within 30 days after the expiration of the permit. The claim shall be on a form furnished by the controller, verified by the person who paid such fee or special deposit, his attorney, authorized agent or guardian, or his executor or administrator, and shall set forth the name and address of the claimant, the amount and date of the payment sought to be refunded, and the ground upon which the claim for refund is based.

B.

Where any permit fee or deposit has been paid and no work has been done under the permit issued therefor, a refund of 100 percent of the inspection fee and 100 percent of the deposit shall be made to the applicant by the director of finance.

C.

A deposit, or balance thereof, shall be refunded by the city controller, after approval of the engineer, to the person making such deposit, his attorney, authorized agent or guardian, or his executor or administrator, at any time after 15 days after all sums due and owing the city have been paid or deducted from the deposit and after all permits issued to the person making such deposit have expired, and all work authorized has been completed and accepted by the engineer.

D.

The surety on a bond filed in lieu of a general deposit may be released from liability thereon at any time after 15 days after all sums due and owing the city have been paid, and after all permits issued to the person filing such bond have expired, and all work authorized by any permit issued to the person has been completed and accepted by the engineer, when an application for release from such liability, duly verified by the principal and the surety, shall have been filed with the engineer setting forth the name and address of the surety, and the date, number and amount of the bond. The release of the surety from liability shall be effected by an order signed by the engineer and approved by the city attorney and the city manager, which order shall be filed by the engineer with the bond thereby released.

(Ord. 5375 § 2, 1978; Ord. 5368 § 23, 1978; Ord. 5041 § 8, 1971; Ord. 4739 § 1, 1965; Ord. 3461 §§ 4, 5, 1939; Ord. 3387 § 32, 1937)

A.

It shall be the duty of the officers and employees of the city to report or cause to be reported to the engineer any defect or defects actually known to such officers or employees in any improvement made in the streets.

B.

It shall be the duty of the officers and employees of the park department to report to the engineer any damage to any grass, plant or tree in any parking in any street of the city known to have been caused or where reasonable grounds exist for believing that the same was caused as the result of work done by any person holding a permit from the engineer pursuant to the provisions of this chapter.

C.

It shall be the duty of the officers and employees of the light and power department to report to the engineer any damage to any ornamental street lighting standard or support located on any street known to have been caused or where reasonable grounds exist for believing that the same was caused as the result of work done by any person holding a permit from the engineer pursuant to the provisions of this chapter.

(Ord. 3387 § 33, 1937)

A.

It is made the duty of every person owning, using, controlling or having an interest in any facility or equipment below the surface of any street, to file in the office of the engineer a map or set of maps, each drawn to a scale of not less than 200 feet to 1 inch, which map or set of maps shall show in detail the exact location, elevation, size, description and date of installation, if known, of any and all facilities or equipment except laterals, services and service pipes, upon any street. Said map or set of maps shall be so filed within 15 days from the 1st day of January of each and every year. Each such map or set of maps shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or if a corporation, subscribed and sworn to by the president, secretary, general manager or other authorized agent thereof, or if a department of the city, subscribed and sworn to by the head of such department, to the effect that said map or set of maps correctly delineates the data required by this chapter. After any such map or set of maps have been filed with the engineer, they shall become official documents of the city, and be the property of the city thereafter.

B.

It is unlawful for any person to fail, refuse or neglect to file any map or set of maps at the time and in all respects as required by this section.

(Ord. 3447 § 4, 1938; Ord. 3387 § 34, 1937)

It shall be the duty of the owner of real property abutting a portion of a street improved by a street betterment, whether the street betterment was constructed, erected or made at the instance or request of such owner or any predecessor in interest of such owner, or not, to maintain the street betterment on such portion of such street abutting the owner's real property in such condition that the same shall not endanger persons or property, and to maintain the same in a condition which will not interfere with the public convenience or safety in the use of such street betterment, save and except as to those conditions created or maintained in, upon, along, across, under or over said street by any person other than the owner under and by virtue of any permit issued hereunder or any right to them granted by law or by the legislative body of the city, and such persons shall be under a like duty in relation thereto.

(Ord. 3387 § 35, 1937)

A.

If a person desires to repair, construct, reconstruct, erect or make a street betterment in, upon, along, across, under or over any street, or remove a street betterment from any street, and such person is the owner of the real property abutting such street where such work is to be done and performed, he may apply to the engineer to have the city do and perform such work.

B.

The form of the application shall be the same as required by Section 12.24.070, and such person shall file or cause to be filed all necessary drawings, profiles and specifications, and pay all fees and deposits as herein required for a permit to do said work; and, in addition thereto, pay the estimated cost and expense for the doing and performing of all work and furnishing all materials mentioned in the application; provided that no fee shall be charged or required if the cost of the work shall be less than $5.00.

C.

If the application is granted the engineer is authorized to do the work with city labor, materials and equipment.

D.

When the work is completed by the engineer, the city controller shall deliver a bill to such person for all the costs and expense of the work, and within 10 days thereafter the city controller shall prepare a demand upon the city in favor of such person for the difference, if any, between the amount of the deposit and the costs and expense, which demand shall be presented in due course to the proper officials of the city for approval, auditing and allowance.

(Ord. 3387 § 36, 1937)

Upon abandonment of any facility or equipment located above or below the surface of the street, the owner thereof shall notify the engineer in writing of such abandonment within not less than 20 days thereafter; and if, in the opinion of the engineer, the facility or equipment so abandoned should be removed the owner shall commence the removal of the same at the owner's own cost and expense within 20 days after receipt of notice to that effect from the engineer, or if, in the opinion of the engineer, any work should be done in the streets for the purpose of insuring the restoration of improved surface of the

street to a useful, safe, durable or good condition as the result of such abandonment, the city shall commence such work after 20 days' written notice to the owner to that effect from the engineer and when the work is completed the city controller shall send a bill to the owner for the total cost and expense thereof, which shall be collected in any manner authorized by law.

(Ord. 3387 § 38, 1937)

A.

In the event that during the period of time any facility or equipment is located in, upon, along, across, under or over any street the city shall change the grade, width or location of any street, or improve any street in any manner, including laying of any sewer, storm drain, conduit, water or other pipe, or construct any pedestrian tunnel or other improvement, and, in the opinion of the engineer such work shall render necessary any change in the position or location of any facility or equipment in the street including the support thereof while such work is being done or performed, or the disconnecting or reconnecting thereof, the owner shall begin the work of doing any and all things to effect such change in position or location in conformity with such written instructions at his own cost and expense, within 20 days after written notice from the engineer and request so to do.

B.

The city reserves the right for itself to lay, construct, erect, install, use, operate or maintain below surface or above surface improvements of any type or description in, upon, along, across, under or over the streets of the city. If the necessary location for such improvements conflicts with any facilities or equipment laid, constructed, erected, used, installed, operated or maintained pursuant to any permit issued hereunder or under a similar ordinance, whether previously laid, constructed, erected, used, installed, operated or maintained or not, the owner, at his own cost and expense, within 20 days after written notice from the city manager and request so to do, shall begin the work of changing the location of all facilities or equipment so conflicting with such improvements to a location in, upon, along, across, under or over the street, to be approved by the engineer.

C.

The city engineer may grant in writing an extension of the time specified in this section for the commencement of work if in his opinion such extension of time is necessary.

(Ord. 3447 § 39, 1937; Ord. 3387 § 39, 1937)

In the event any permittee, or owner of any facility or equipment fails to commence work in compliance with the written instructions of the engineer or city manager, provided for in this chapter, within 20 days after service of the same upon the permittee or owner, or his local agent or manager or within a shorter time where the same is specifically provided for in this chapter (unless unable to comply with such instructions by reason of strikes, riots, acts of God or acts of public enemies), the engineer shall cause the work required in said notice to be done and performed. When the work is completed the city controller shall send a bill for the cost and expense thereof to the permittee, owner or his local agent or manager. The cost of doing the work shall be considered the actual cost plus a reasonable charge for overhead. Said bill shall be collected in any manner authorized by law.

(Ord. 3387 § 40, 1937)

A.

The engineer shall not issue any permit to make any connection whatsoever to any sewer of the city at a point located outside the corporate limits of the city unless and until the legislative body of the city by contract has authorized the applicant to make such connection and such applicant has performed all the terms and conditions of the contract to be performed by him.

B.

No person shall make any connection whatsoever to any sewer of the city at a point located outside the corporate limits of the city without first securing a permit therefor the same as if the connection was to be made at a point located within the corporate limits of the city except that a deposit shall be made for only the cost and expense of inspection of the work of making said connection by the engineer.

(Ord. 3387 § 41, 1937)

A.

The permittee of any permit issued hereunder shall indemnify, save and hold harmless, the city and any officers and employees thereof, against and from all damages, judgments, decrees, costs and expenditures which the city, or such officer or employee, may suffer, or which may be recovered from, or obtainable against the city, or such officer or employee, for, or by reason of, or growing out of or resulting from the exercising by the permittee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the permittee or its servants or agents, in exercising said authorization; provided, however, that the permittee shall have the right at its option to defend any suit that may be instituted against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the grantee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the permittee, or its servants or agents, in exercising said authorization.

B.

In the event the city, or any officer or employee thereof, suffers any damage, or any person makes claim against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the permittee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the grantee, or its servants or agents, in exercising said authorization, the city, or such officers or employees thereof, must give written notice thereof to the permittee as soon as practicable but not less than 5 days thereafter. In estimating the 5 days above mentioned the 1st day shall be excluded and the last day included. Failure to give such notice shall not affect the liability of the permittee under subsection A of this section.

(Ord. 3387 § 42, 1937)

A.

Any person as principal, agent, officer, clerk or employee, who or which violates any of the provisions of this chapter, is deemed guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not exceeding $500.00, or by imprisonment not to exceed 6 months in the city jail, or by both such fine and imprisonment.

B.

Each such person is deemed guilty of a separate offense for every calendar day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall be punished therefor as provided by this chapter.

(Ord. 3387 § 46, 1937)