Pomona Municipal Code § 46-224 Emergencies

(a) Whenever, in the opinion of the director of public works/city engineer, any person fails, refuses or neglects to prosecute any work pursuant to a permit to make any excavation for any purpose whatsoever in or under any street, with due diligence and in compliance with this article, notice shall be given such person or his duly authorized agent or representative causing or suffering such noncompliance to exist, by serving upon such person or his duly authorized agent or representative a notice containing a demand for the immediate abatement of such noncompliance. Any such notice shall describe the noncompliance complained of with reasonable certainty as to its character and location. In lieu of service upon such person, service of the notice may also be made by registered mail and by posting, for a period of five days, a copy of the notice at the location described in the notice. If a person is not present in the county, the notice may be given to his authorized agent or representative in lieu of mailing and posting.

(b) The director of public works/city engineer may immediately abate any such failure to comply, if the work, necessary for compliance, is not commenced and thereafter diligently prosecuted prior to the expiration of three days from and after the service of the notice.

(Code 1959, §§ 28-102, 28-103; Ord. No. 910, §§ 84, 85)

In addition to persons and public corporations, this article shall apply to all private corporations authorized by law to establish or maintain any works or facilities in, under or over any street. This article shall not be deemed or construed to limit the powers and duties vested by law in the state public utilities commission. If any conflict occurs with regard to the powers and duties given the city in this article, those of the state public utilities commission shall prevail.

(Code 1959, § 28-77; Ord. No. 910, § 46)

Under this article a permit shall not be required of any department, public corporation or contractor for the city, authorized by law to establish or maintain any works or facilities in, under, or over any street, but each such agency shall be otherwise subject to this article and to such other reasonable conditions and provisions as the director of public works/city engineer may impose.

(Code 1959, § 28-78; Ord. No. 910, § 86)

Under this article the permittee may excavate openings in city streets to make repairs in an emergency requiring immediate action. In such cases the director of public works/city engineer shall be promptly notified of any such action, and such permittee, at his own expense, shall immediately have such street placed in as good condition as before such excavation. A public utility may excavate a city street without a permit in an emergency requiring immediate action, but in such case the street shall, at the expense of the public utility, be replaced in as good condition as before such excavation.

(Code 1959, §§ 28-104, 28-105; Ord. No. 910, § 54)

The director of public works/city engineer may but is not required to supervise any work done under any permit issued under this article, in which event the permittee shall pay the reasonable cost of such supervision to the city.

(Code 1959, § 28-89; Ord. No. 910, § 53)

The refilling of every excavation and removal of surplus material shall be carried out in a manner approved by the director of public works/city engineer.

(Code 1959, § 28-90; Ord. No. 910, § 76)

(a) The director of public works/city engineer shall replace or repair the surface of any street damaged or removed by any person pursuant to a permit to excavate. The cost of making any such repair or replacement shall be charged against the deposit of the permittee in an amount as provided in this section.

(b) The fixed charges for repairing or replacing any street or portion damaged or removed by any person pursuant to a permit issued under this article shall be established by the director of public works/city engineer and approved by council resolution.

(c) On or before the 12th day of any month, the director of public works/city engineer shall cause to be mailed to every person owing the city a statement showing the amount due for any work performed by the city during the previous month pursuant to this article. The amount as stated shall be due and payable to the director of public works/city engineer on or before the 25th day of the same month.

(d) The city shall deduct the cost of any work or repairs made by the director of public works/city engineer as provided in this article from any and all deposits then on hand belonging to or that may be made by any person under this article.

(e) The decision of the director of public works/city engineer as to the cost of any work done or repairs made by the city pursuant to this article shall be final and conclusive.

(Code 1959, §§ 28-91—28-95; Ord. No. 910, §§ 77, 79—81; Ord. No. 2601, § 8)

Every person making any excavation for any purpose whatsoever in or under any street shall place and maintain along and about such excavation barriers of such type and in such a manner as the director of public works/city engineer may deem necessary to prevent public hazard.

(Code 1959, § 28-96; Ord. No. 910, § 82)

Every person making any excavation for any purpose whatsoever in or under any street shall place and maintain, along and about such excavation, from sunset each day to sunrise of the next day or until such time as all hazard is removed, lights of such type and in such manner as the director of public works/city engineer may deem necessary to prevent public hazard.

(Code 1959, § 28-97; Ord. No. 910, § 82)

Every person making any excavation for any purpose whatsoever in or under any street shall maintain adequate and safe crossings for vehicular and pedestrian traffic at all street intersections and at intervals of not less than 300 feet for pedestrian traffic. If any such excavation is made across any street, at least one adequate and safe crossing shall be maintained at all times for vehicles and pedestrians.

(Code 1959, § 28-98; Ord. No. 910, § 83)

Free access to all fire hydrants and water gates shall be provided and maintained at all times at any excavation.

(Code 1959, § 28-99; Ord. No. 910, § 83)

Cross reference— Fire prevention, ch. 22.

Adequate waterways in gutters and across all street intersections shall be provided and maintained at all times during an excavation.

(Code 1959, § 28-100; Ord. No. 910, § 83)

All materials, excavated or otherwise, shall be stored in a manner approved by the director of public works/city engineer.

(Code 1959, § 28-101; Ord. No. 910, § 83)