Pomona Municipal Code § 46-265 Prior rights

Every person who makes, causes, permits or allows to be made, for any purpose whatsoever, any excavation in or under any city street shall file an application with the director of public works/city engineer in the manner provided in this article and be issued a permit therefor.

(Code 1959, § 28-79; Ord. No. 910, § 70)

Every person or his duly authorized representative applying for a permit to make any excavation for any purpose whatsoever in or under any street shall file with the director of public works/city engineer an application therefor, signed and setting forth the following:

(1) The name and address of the applicant.

(2) The name and address of the applicant's duly authorized representative, if any.

(3) The detailed location by street and number for a single excavation or as shown by a plat or map and such other information as the director of public works/city engineer may require.

(4) The purpose and use for such excavation.

(5) Legal authority to occupy and use such street.

(Code 1959, § 28-80; Ord. No. 910, § 71)

An application for a permit to make an excavation for any purpose whatsoever in or under any street and accompanied by cash or a certified check in the amount equal to the fixed deposit shall be filed with the director of public works/city engineer. Such a permit shall be issued upon a showing that the excavation will comply with all laws and ordinances. The director of public works/city engineer may issue a permit which shall be nontransferable and for a period as provided in section 46-259.

(Code 1959, § 28-81; Ord. No. 910, § 73; Ord. No. 2601, § 4)

Every permit to excavate for any purpose whatsoever in or under any street, unless work pursuant thereto is started and prosecuted with diligence to completion within 60 days from the date of issuance, shall be cancelled.

(Code 1959, § 28-82; Ord. No. 910, § 74; Ord. No. 2601, § 5)

The fixed deposit for a permit to make any excavation for any purpose whatsoever in or under any street shall be established by the director of public works/city engineer and approved by council resolution.

(Code 1959, § 28-83; Ord. No. 2601, § 6)

The director of public works/city engineer shall charge an appropriate fee as approved by council resolution for the cost of issuing the excavation permit and the cost of inspection of the excavation.

(Code 1959, § 28-83.1; Ord. No. 2601, § 7)

Any act done under the authority of a written permit issued pursuant to this division shall be done in accordance with applicable sections of this article and the terms and conditions of such permit.

(Code 1959, § 28-84; Ord. No. 910, § 51)

Any permit issued under this division shall provide that the permittee shall pay the entire expense of replacing the street in as good condition as before and may provide such other conditions as to the location and the manner in which the work is to be done as the director of public works/city engineer finds necessary for the protection of the street.

(Code 1959, § 28-85; Ord. No. 910, § 52)

Every permit issued under this division shall, at all times, be available at the location where any work pursuant to such permit is in progress and, upon demand, shall be exhibited to any authorized person.

(Code 1959, § 28-86; Ord. No. 910, § 55)

Every permit issued under this division shall be granted subject to the right of the city or of any other person entitled thereto to unrestricted use of any street for any purpose for which such street may be lawfully used.

(Code 1959, § 28-87; Ord. No. 910, § 56)

(a) Before granting a permit under this division, the director of public works/city engineer may require the applicant to file with the city a satisfactory bond payable to the city in such an amount as the director of public works/city engineer deems sufficient. The director of public works/city engineer shall require of any such applicant such a bond, if the applicant has in fact, prior to the application, failed to comply with this article or with the provisions of a previous permit.

(b) The bond shall be conditioned upon the permittee's performing the work for which the permit is issued in compliance with all laws and ordinances and the permittee's paying the costs of the city under section 46-225. The bond shall be in an amount estimated by the director of public works/city engineer to be sufficient to perform the work for which the permit is issued in compliance with all laws and ordinances and in compliance with the permit.

(Code 1959, § 28-88; Ord. No. 910, § 57)