Petaluma Municipal Code Ch. 13.12 EXCAVATIONS1

1 Editor’s Note: For statutory provisions authorizing cities to require removal of encroachments from public

ways, see Gov. Code §38775; for the statutory provisions regarding abandoned excavations, see Gov. Code

§50230 et seq.

Any person requesting to make or causing to be made any excavation in or under the surface of any public street,

alley, sidewalk or other rights-of-way or public easements for the installation, repair or removal of any pipe,

conduit, duct, tunnel, or for any other purpose, shall Lrst obtain from the public works director written permits

pursuant to this chapter to make such excavation showing the location and dimensions of such proposed

excavation, together with any other information or details, directions or regulations required by this chapter or

pursuant thereto. (Ord. 1970 NCS § 3, 1994; Ord. 1369 NCS § 2, 1979.)

Excavations shall be conLned to the work described in the permits issued therefor as described in Section

Each permittee shall notify the public works director or his/her duly authorized representative when

excavation under the permit will be commenced, and such notice shall be given at least eight working hours

before such time of commencement, it being understood that the working hours are between eight a.m. and Lve

p.m. from Monday to and including Friday of each week, excepting legal holidays. (Ord. 1970 NCS § 3, 1994; Ord.

1369 NCS §2, 1979.)

After any excavation is commenced, the work of making and backLlling the same shall be prosecuted with due

diligence, and so as not to obstruct the street or other public place or travel thereon, more than is actually

necessary therefor. If the work is not so prosecuted, or the work of backLlling does not, in the judgment of the

public works director comply with the terms of this chapter, the public works director shall notify the person

named in the permit required by this chapter, in writing, that the work is not being prosecuted with due diligence,

or that the backLlling of such excavation has not been properly done, and shall require such person, within three

days, after the service of such notice, to proceed with diligent prosecution of such work, or properly to complete

the same as the case may be. Such notice shall be served personally, or by leaving the same at the residence or

place of business of such person as shown in the application for the permit, or such notice may be served by

depositing the same in the United States mail in a sealed envelope, postage fully prepaid for certiLed mail,

addressed to such person at such place of business or his residence, if known, or if unknown, addressed to his last

known address. If such notice is not complied with, the public works director may do or cause such work as may

be necessary to backLll such excavation, and to restore the street or other public place, or part therefor excavated,

to as good a condition as the same was in before such excavation was made. (Ord. 1970 NCS § 3, 1994; Ord. 1369

NCS §2, 1979.)

Upon application in writing by the holder of any permit issued pursuant to this chapter, the public works director

will, by permit in writing, extend the time for completion of excavation and backLll upon proof of circumstances

beyond the control of the permittee justifying the extension. (Ord. 1970 NCS § 3, 1994; Ord. 1369 NCS §2, 1979.)

Upon the failure to complete to the satisfaction of the public works director the excavation and backLlling

required under the permit issued in accordance with this chapter, within two weeks after the excavation has been

commenced, or prior to the expiration of any extension granted therefor, the city shall have the right to complete

such work or cause the same to be completed and deduct the cost thereof from, and charge the same against, any deposit made under such permit, or, if an excavation permit bond has been Lled with the permit, the city shall

notify the surety on such bond to complete such work, and if the same is not completed within two weeks

thereafter, the city shall have the right to complete such work or cause the same to be completed, and charge and

collect the cost thereof, including inspection and reasonable attorney’s fees, from the permittee or such surety on

such bond. (Ord. 1970 NCS § 3, 1994; Ord. 1369 NCS §2, 1979.)

All backLlling of excavations and restoration of base, pavement, sidewalk, curb and gutter, landscaping, etc., shall

be done and completed by the permittee under the inspection of the public works director or his/her authorized

representative and in compliance with the city’s detailed speciLcations and general provisions for public works and

any special provisions that may be indicated on the permit. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

All excavations made under this chapter shall be backLlled only under the supervision of the public works director,

or authorized representative, who shall cause such backLlling to be inspected during the course thereof. The

public works director shall be notiLed by the holder of the permit under this chapter when such backLlling work is

to commence. All inspection fees due, as set forth in this chapter, shall be paid by the holder(s) of the permit(s),

and if not paid within eight weeks of completion, the same shall be charged against the deposit or faithful

performance bond. The public works director may require a deposit of anticipated inspection fees prior to

issuance of the permit. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

The person by whom any excavation shall be made in any public street, alley or other public place shall be

deemed and held to guarantee the work of backLlling and repair thereof for a period of one year after the

acceptance of such work by the city against all defects in workmanship and materials. Whenever, within such

period of one year, any part of the pavement, sidewalk, curb and gutter on any public street or place so

guaranteed becomes in need of repairs by reasons of any defect in workmanship or material used in the work or

backLlling or repair, the public works director shall serve on the permittee a written notice stating the repairs

necessary and requiring such repairs to be commenced within seven days after the service of such notice, and

prosecuted diligently until completed. If the same is not complied with as required by the public works director, he

shall complete or cause the work to be completed, and charge the cost thereof to the holder of the permit

required by this chapter and the deposit or bond posted therefor. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2,

1979.)

Nothing in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public

street, alley or public place by virtue of any law, ordinance or permit from making such excavation as may be

necessary for the preservation of life or property when such necessity arises; provided, however, that the person

making such excavation shall obtain a permit therefor within twenty-four hours thereafter, exclusive of

intervening Saturdays, Sundays or legal holidays; and provided further, that all backLlling shall be done in

accordance with this chapter. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

The provisions of this chapter shall not apply to any work done or to be done along, in or upon any public street,

alley or other public place pursuant to any law of the state providing for the improvement thereof, or any such

work pursuant to any action for the improvement of such street, alley or other rights-of-way authorized by the city

council; provided, however, that the provisions contained in Section 13.12.050 shall apply to all such work. (Ord.

1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

The provisions of this chapter, excepting work requiring removal of trees subject to Chapter 13.08, shall not apply

to excavations made by any oNcer or employee of the city or under the direction of any oNcer of the city in

discharge of his oNcial duties. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

Any person desiring a permit under this chapter shall Lle a written application therefor with the public works

director, which shall contain the following:

A. The name and address of the applicant;

B. The exact location of the proposed excavation, including sketch or plat thereof;

C. The dimensions of the excavation, including the width, depth, and length thereof;

D. The purpose of the excavation;

E. The dates when the work of excavation is to be commenced and to be completed;

F. An agreement signed by the applicant or his authorized agent to conform with all of the provisions of this

chapter.

(Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

Each application Lled for a permit under this chapter shall be accompanied by a fee as prescribed by the city

council, which shall not be subject to refund for any reason whatever. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2,

1979.)

Unless a general excavation permit bond is deposited or Lled as required by Section 13.12.160, each application

for a permit to excavate as required by this chapter shall be accompanied by a special deposit or bond to

guarantee the faithful performance by the application of the completion of all excavation and backLlling work

required under this chapter and full warranty of all the work performed for one year after completion, and for the

payment of laborers and materialmen, and for the permit when issued, and the payment of all inspection fees

charged therefor. No permit shall be granted until the deposit is made, or the bond posted, which shall be in the

amount of the estimated cost of restoration of the excavation, as determined by the public works director, but in

no event less than the minimum established by city council resolution. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2,

1979.)

The deposits or bonds mentioned in Section 13.12.140 may be refunded or the bonds exonerated not less than

twelve months after acceptance of the completion of the excavation work, unless there is written certiLcation by

the public works director that the work was not done and completed satisfactorily, and in the manner required by

this chapter. In such event, the city shall have the right to require the surety on such bond to complete such work

and charge the cost thereof against the bond, or the city may perform said work itself, charge the same against

the deposit or bond, and hold the applicant depositing the same liable for any deLciency between the cost of the

work and the amount of the deposit or bond. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

In lieu of the special deposit required under Section 13.12.170, any applicant for the permit required by this

chapter may make and maintain with the city a general deposit in a sum set by resolution of the city council or

may Lle with the city clerk appropriate corporate surety bonds approved by the city attorney, covering all the work

performed by such applicant for a period of one year subsequent to the last issuance of a permit, and by so doing

shall not be required to accompany applications with special deposits or bonds; provided, however, that if the

total estimated cost of excavation work covered by any single application would require a special deposit or bonds in a total sum in excess of the general bond amounts required, then such applicant depositing the general deposit

or Lling the bonds shall be required to increase the deposit or bond in an amount suNcient to bring the total

thereof up to the total amount of the special deposit, which would otherwise be required at such time. (Ord. 1970

NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

The provisions of Sections 13.12.140 and 13.12.160 shall not apply to:

A. Any public agency or public utility having lawful authority to occupy the highways and which is authorized by

law to establish or maintain any works or facilities in, under or over any public highway;

B. Work performed by or on behalf of the owner of any single-family residence where the work to be performed

is appurtenant to such single-family residence, but such owner shall be subject to all other obligations and

liabilities of this chapter;

C. Work performed pursuant to and in accordance with an agreement for public construction in connection with

development of real property.

(Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

Any bond deposited as described in Sections 13.12.140 and 13.12.160 shall be noncancellable, except upon

satisfaction of any pending obligations created pursuant to this chapter. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS

§2, 1979.)

Compensation Insurance.

A. No person shall be entitled to permits under this chapter unless and until he has Lled and maintained on Lle

with the public works director a certiLcate showing and certifying that such person carries public liability and

property damage insurance, issued by an insurance carrier authorized to do business in the state, insuring the

applicant and issued to the city, against loss by reason of injuries to or death of persons, or damages to property,

caused by the applicant, its agent or employees in performing any work under the permit, in the amount

determined necessary by the city attorney. Additionally, certiLcates of workers’ compensation insurance or

permission to self-insure complying with California Labor Code Section 3800 shall be submitted.

B. The certiLcates of insurance required under this chapter shall include a rider containing the unequivocal

agreement of the insurance carrier to give the city ten days’ notice of cancellation of such insurance. Cancellation of such insurance shall be cause for immediate permit revocation and completion of work covered by the permit

as if the permittee were in default of any obligation created by this chapter.

(Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

A. Upon the Lling of an application for a permit under this chapter, the payment of fees, the Lling of the

insurance certiLcates and the Lling of the deposit or bond required for public works director shall issue a written

permit to make the excavation requested in the application; provided, that the applicant is authorized by law or an

existing valid franchise to use the street for the purpose shown in the application.

B. Each permit issued under this section shall contain the following:

1. Date issued;

2. Name, business address and signature of the permittee;

3. If covered by a special deposit, the amount thereof;

4. If covered by a general deposit, the amount and date thereof;

5. If covered by bonds, the name of the surety company;

6. The location and dimensions of the excavation to be made;

7. The statement that the permit is not transferable and that it shall be void unless the excavation to be

made pursuant thereto is commenced within ten days from its date and the work diligently prosecuted to

completion;

8. Special provisions of conditions as may be added by the public works director.

C. No person shall be issued any permit under this division and no permit erroneously issued shall be valid

unless a written application is Lled therefor, the fee paid for such excavation, insurance certiLcates Lled, and

unless the special or general deposit or excavation permit bond has been Lled according to the provisions of this

chapter. No permit shall be valid unless duly executed by the public works director or his designate.

(Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)

Every permit for an excavation in or under the surface of any public street, alley, other right-of-way area or public

easements, as required in this chapter, shall be issued subject to the right of the city or any person entitled thereto to use that part of such street, alley or right-of-way area which may be lawfully used, which does not

comprise any part of the area required for such excavation. (Ord. 1970 NCS §3, 1994; Ord. 1369 NCS §2, 1979.)