Ridgecrest Municipal Code § 14-63 Exceptions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Encroachment means the placement, erection, or maintenance on, above, or under any street or public right-of-way of any sign, banner, wire, line, guy, pole, buildings, fence, porch, step, track, pipe, conduit, equipment or vehicles, or the excavation of or deposit upon any street or public right-of-way of earth, gravel, broken pavement, concrete, tree limbs, shrubbery, or any other materials of any kind obstructing or tending to interfere with the free use of the street, or the construction, repair, or removal of any improvement or obstruction into or above any portion of a street, whether temporary or permanent.

Excavation means the act of cutting, opening, tearing up, excavating, trenching, digging, repairing, installing, adding to, removing, or otherwise altering any portion of any public street for any purpose whatsoever.

Facility means pipe, pipeline, tube, main, service trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under, or over any public street.

Major project means any excavation greater than 50 feet in length or four feet in width or any excavation requiring a series of noncontiguous smaller cuts all related to the same project.

Permittee means any person, firm, partnership, association, corporation, or organization who or which has been granted and has in full force and effect an encroachment permit issued hereunder.

Standard specifications means the standard drawings, details, and specifications and amendments thereto, for engineering, design, and construction of certain public or private improvements, which standard specifications have been adopted by resolution of the city council.

Street means any highway, street, road, alley, lane, way, pedestrian way, or other public thoroughfare which has been dedicated to and accepted by the city, the county, or the state as public right-of-way, and shall include curbs, gutters, and sidewalks, paving and other improvements in the public right-of-way as well as that portion of a public right-of-way which is not paved or improved, and shall also include any buildings and grounds owned and maintained by the city.

Substructure means any pipe, conduit, duct, tunnel, manholes, vault, buried cable, or wire, or any other similar structure located below the surface of any public street.

Utility means a public utility as defined in the state public utilities code or any other private company and/or corporation or municipal department engaged in providing a particular service to the general public.

(Code 1980, § 14-2.1; Ord. No. 14-04, § 2)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor.

(Code 1980, § 14-2.38; Ord. No. 14-04, § 2)

It shall be unlawful for any person to excavate, place, erect, or maintain an encroachment into, on, above or below a street without first obtaining a written permit from the city manager or his designee except as provided in this section and except that no permit shall be required of a public utility to install, maintain, or replace aboveground facilities which are outside the paved and/or traveled portion of a street. No public utility shall install facilities in a street, however, without first having coordinated plans for such installation with the city manager or his designee.

(Code 1980, § 14-2.2; Ord. No. 14-04, § 2)

Permission to excavate in newly constructed or renovated streets will not be granted for five years after completion of street construction or renovation as shown by the filing of a notice of completion or as determined by the city engineer, or his designee. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in newly constructed or renovated streets. Exceptions to the above are as follows:

(1) Emergency which endangers life or property;

(2) Interruption of essential utility service;

(3) Work that is mandated by city, state, or federal legislation;

(4) Service for buildings where no other reasonable means of providing service exists. This exception requires planning commission approval;

(5) Other situations deemed by the city council to be in the best interest of the general public.

All permits which are issued under subsections (1) through (5) of this section shall be in accordance with the standards, details and specifications established by and on file in the office of the city engineer.

(Code 1980, § 14-2.2a; Ord. No. 14-04, § 2)

Any person excavating, placing, erecting, or maintaining an encroachment which endangers the safety of the public or prevents improvement or widening of a street shall move said encroachment after written notice from the city manager or his designee requiring such move. Notice of requirement for such move shall be delivered in person or by registered mail to the address of the permittee as shown on the permit, if any, or to the address of the person believed to have excavated, placed, or erected the encroachment without a permit. The time required for the moving of said encroachment shall be specified in the notice. In the case of a public utility facility, said notice shall be in accordance with applicable law.

(Code 1980, § 14-2.3; Ord. No. 14-04, § 2)

In the event of any emergency in which an underground facility in, over, or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any person, a licensed contractor or a utility may take proper emergency action to cure or remedy the dangerous condition without first applying for and obtaining an encroachment permit, provided such contractor or utility shall immediately give notice to the police and fire departments. Such contractor or utility shall, however, apply for an encroachment permit not later than the end of the next succeeding day during which the superintendent of street's office is open for business and shall comply with all the other provisions of this section.

(Code 1980, § 14-2.4; Ord. No. 14-04, § 2)

No encroachment permit shall be issued unless a written application for the issuance of an encroachment permit is submitted to the city manager or his designee on forms provided by him. The written application shall state the name, address, telephone number and state contractor license number of the applicant; the nature, location, and purpose of the encroachment; the approximate date of commencement and the approximate date of completion of the encroachment; and such other information as the city manager or his designee may require.

(1) Plans. The application for a major project as defined herein shall be accompanied by plans showing the extent and location of the proposed encroachment, location of underground utilities in the project area, or such other information as the superintendent of streets may require. Encroachments by a public utility for which an encroachment permit is not registered shall not be made until the plans therefor have been coordinated with the city manager or his designee.

(2) Insurance. The written application shall be accompanied by, or the applicant shall state on the application form that he already has on file with the city manager or his designee a certificate of insurance evidencing that the applicant has in force and shall maintain in force during the period of maintenance of the encroachment, a policy of public liability and property damage insurance against liability for personal injury, including accidental death, as well as liability for property damage, which may arise in any way out of the exercise of the rights granted by any encroachment permit which may be granted to the applicant by the city. The amounts of such insurance shall be not less than as follows:

a. Public liability insurance in an amount not less than $100,000.00 for injury or death to any one person, and $300,000.00 for injury and death arising from any one accident or occurrence;

b. Property damage insurance in an amount not less than $25,000.00; and

c. The certificate of insurance shall state that the policy of insurance contains a contractual liability endorsement covering the liability assumed by the permittee by the terms of the permit and shall contain a statement that such policy will not be cancelled except after ten days' written notice to the superintendent of streets of the city.

(3) Cash deposit or bond. If the permittee fails, in the opinion of the city manager or his designee to comply with the provisions hereof or the conditions of any permit, the city manager or his designee may refuse to grant and may withhold issuance of any subsequent permits to the permittee until the latter has paid all costs due the city for correcting deficiencies under prior permits and has posted with the city a cash bond in the amount equal to the costs above, plus the sum established by resolution, which bond or any part thereof shall be used to correct future deficiencies.

(Code 1980, § 14-2.5; Ord. No. 14-04, § 2)

(a) Encroachment permits shall only be issued to persons who will use for construction or excavation work on city streets contractors who are licensed by the state and who hold city business licenses, or to public utilities, or to governmental agencies operating public utilities, or to owner-builders of single-family residences.

(b) The city manager or his designee shall not issue a permit to construct curbs, gutters, sidewalks, or driveway approaches in an area included within an assessment district when the city council has instituted for such area improvement district proceedings under the general laws of the state relating to such work. The term "instituted," as herein used, shall mean after the adoption of the resolution of intention to perform the work.

(Code 1980, § 14-2.6; Ord. No. 14-04, § 2)

Before issuing an encroachment permit, the city manager or his designee shall require payment of fees pursuant to a construction master fee schedule established, and amended from time-to-time, by the city council by way of resolution.

(Code 1980, § 14-2.7; Ord. No. 14-04, § 2)

Upon receipt by him of the above-required certificate of insurance, cash deposit or bond, fees, and when necessary, plans, the city manager or his designee may issue an encroachment permit on a form which shall contain the following statements:

(1) Permit is issued subject first to applicable law and second to the terms and conditions indicated.

(2) The issuance of a permit does not guarantee to the permittee the exclusive use of any surface area occupied by the permittee's encroachment.

(3) The permittee assumes responsibility for any and all claims and liabilities for damages caused by collapse of or collision with the encroachment or caused by the permittee's failure to perform his obligations under the permit, and that the permittee shall and, by acceptance of the permit, agrees to defend, indemnify, and hold the city and any of its officers or employees, and each of them harmless from such claims or liabilities.

(4) The permittee shall provide and maintain during the performance of the work permitted such fences, barricades, warning and directional signals, flares, lights, watchmen, or flagmen as are or may be required to protect and insure the public safety in compliance with all local, state, and federal safety codes, ordinances, etc., or as may be additionally required by the city manager or his designee at any time during maintenance of the encroachment.

(5) All work shall be performed in a neat and workmanlike manner and so programmed as to cause minimum interference with traffic and minimum inconvenience to the public. When required by the city manager or his designee the permittee shall erect and maintain suitable timber barriers to confine earth from trenches and other excavations and to confine the amount of encroachment upon the paved traveled way of a street. The permittee shall construct and maintain adequate and safe crossings over excavations to accommodate vehicular and pedestrian traffic when required to keep traffic moving.

(6) The city manager or his designee shall have the power to remove the encroachment and to charge the cost of removal to the permittee if, after notice as provided in this section, the permittee fails to remove the permitted encroachment within the time period specified in the permit.

(7) The permittee shall call upon the city manager or his designee for inspections of placement or erection and removal of the permitted encroachment.

(8) All underground facilities shall be of the quality and installed in a manner and with a depth of coverage which may be prescribed or required by law or by standard specifications of the city.

(9) The permittee shall call upon the city manager or his designee for inspections of backfill and of repaving and the city manager or his designee may require complete re-excavation and rebackfill for failure to so call.

(10) The city manager or his designee may require a backfill compaction test at the cost of the permittee.

(11) The permittee has read and is familiar with the requirements of this section.

(12) A copy of the approved permit must be posted by the permittee in a conspicuous place at the site of the work or carried on the job by a representative of the permittee who shall make the necessary arrangements for city inspection and the signature of the city inspector upon completion of the work.

(13) When work on an encroachment ceases for any reason for a period of 24 hours or more, the permittee shall notify the police and fire departments a minimum of four hours before leaving the job and no later than two hours after recommencing such work.

(14) The permittee shall not interfere with existing public utility facilities or clearance space requirements.

(15) The permit shall specify the time limits for maintenance of the encroachment and a date for completion of the work. The city manager or his designee may, for good cause, grant a written extension of time in which the permittee may complete the work.

(16) The permit shall state that the permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work as soon as practicable and not later than the completion date specified on the permit or extensions of time granted hereunder.

(Code 1980, § 14-2.8; Ord. No. 14-04, § 2)

If the permittee fails to maintain proper lights or barriers around the site covered by the permit or otherwise fails to comply with the conditions of a permit and, in the judgment of the city manager or his designee the safety of the passing general public or neighboring residents is thereby endangered or, if after 48 hours' written notice from the city manager or his designee, the permittee fails to:

(1) Maintain in an excavation temporary fill level with the adjoining pavement surface so as to prevent inconvenience or danger to crossing vehicles or pedestrians;

(2) Complete an excavation and restore pavement surface by the completion date and fails to ask for an extension of time;

(3) Restore pavement surface or other improvements in accordance with standard specifications;

(4) Remove backfill and pavement surface and recompact backfill to the percentage of compaction required by standard specifications; or

(5) Clean up excavated materials or comply with any other conditions of the encroachment permit.

The city manager or his designee is authorized to erect such lights and barricades, fill the excavation, restore pavement surface, restore other improvements, remove and recompact backfill, or perform such other work or erect such other safety devices, as in his judgment, is necessary to protect the public health, safety, or welfare. The city manager or his designee shall keep an accurate record of all costs incurred under this section. Such costs plus overhead and administrative costs shall be deducted by the city manager or his designee from the amount of any cash deposit or bond which may have been posted by the permittee pursuant to this section. The permittee shall be entitled to a refund of any remaining portion of his cash deposit or bond posted pursuant hereto when all work has been completed and all city costs have been subtracted from said cash deposit or bond. If city costs incurred against the permittee under this section are not covered by or exceed the cash deposit or bond, the city manager or his designee shall advise the city clerk of the amount not covered and the city clerk shall charge such amount to the permittee. The city clerk shall consult with the city attorney concerning court action for the collection of any such charges including legal fees incurred and unpaid by the permittee 30 days after proper billing.

(Code 1980, § 14-2.9; Ord. No. 14-04, § 2)

It shall be unlawful for any person to exhibit a permit at or about any site not covered by such permit or to misrepresent the number of the permit or the date of completion thereon.

(Code 1980, § 14-2.10; Ord. No. 14-04, § 2)

(a) All of the requirements of this article shall be assumed to be conditions of the permit as if they were fully stated thereon. The city manager or his designee is authorized to specify on the permit such additional conditions as, in his judgment, are required to protect the public health, safety, and welfare.

(b) In the event of conflict between the provisions of a permit granted pursuant to this article to a public utility and the provisions of a franchise granted by the city to said utility, the provisions of said franchise shall control.

(c) In the event of conflict between the provisions of a permit granted pursuant to this article and the general orders of the state public utilities commission, the provisions of said general orders shall control.

(Code 1980, § 14-2.11; Ord. No. 14-04, § 2)

The city manager or his designee shall have the right to refuse a permit to any person who is in violation of, or who has failed to comply with the provisions of this article in connection with the permit being applied for, or who has failed to complete the work or who has failed to pay to the city costs billed under a previously issued permit.

(Code 1980, § 14-2.12; Ord. No. 14-04, § 2)

The city manager or his designee shall deliver a copy of each permit to the police department and the fire department as soon as possible before the permitted work is begun. When work ceases for any reason for a period of 24 hours or more, the permittee shall notify the police department and fire department prior to recommencing said work.

(Code 1980, § 14-2.13; Ord. No. 14-04, § 2)

It shall be incumbent upon the permittee to notify any utilities which might be affected by the permitted work.

(Code 1980, § 14-2.14; Ord. No. 14-04, § 2)

The permittee shall call upon the city manager or his designee for inspection of backfill and of repaving or other work covered by the permit. The city manager or his designee shall have authority to require removal of all fill and/or paving in order to conduct inspection and testing, if the permittee fails to call for inspections at the times required by the city manager or his designee.

(Code 1980, § 14-2.15; Ord. No. 14-04, § 2)

The permittee shall take appropriate measures to ensure that, during the performance of the work, traffic conditions as nearly normal as practicable are maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall consult with and follow the directions of the chief of police before detouring or routing, or controlling traffic.

(Code 1980, § 14-2.16; Ord. No. 14-04, § 2)

The work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 20 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

(Code 1980, § 14-2.17; Ord. No. 14-04, § 2)

The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking such other methods as are suitable for said purpose.

(Code 1980, § 14-2.18; Ord. No. 14-04, § 2)

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians, or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property.

(Code 1980, § 14-2.19; Ord. No. 14-04, § 2)

Curbs, gutters, sidewalks, street signs, sewers, drains, structures, conduits, cables, pavement, and all other improvements removed, damaged, or disturbed during the progress of the work shall be restored or replaced to as good or better condition than existed prior to work performed by the permittee at the expense of the permittee and in accordance with standard specifications.

(Code 1980, § 14-2.20; Ord. No. 14-04, § 2)

Any monument of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property, subdivision, or a precise survey point of reference point shall not be removed or disturbed without first obtaining express permission from the city manager or his designee to do so. Issuance of the excavation permit shall not automatically constitute such permission. Replacement of the removed or disturbed monumentation will be at the expense of the permittee and must be completed to the satisfaction of the city engineer.

(Code 1980, § 14-2.21; Ord. No. 14-04, § 2)

As the work progresses, if required, or immediately after completion of the work, the permittee shall, at his own expense, clean up and remove from the street and adjoining property all rubbish, excess earth, rock, broken pavement, or other debris or unused materials resulting from such work.

(Code 1980, § 14-2.22; Ord. No. 14-04, § 2)

The permittee shall make provision for the free passage and disposal of all surplus water, muck, silt, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from his failure to so provide. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for free passage of surface water.

(Code 1980, § 14-2.23; Ord. No. 14-04, § 2)

Backfill of an excavation shall be compacted to the percentage required by the standard specifications. Compacting shall be done by mechanical tampers or vibrators by rolling in layers or by water settling as required by the soil in question and sound engineering practices generally recognized in the construction industry and as decided by the city manager or his designee. The city manager or his designee shall, during the inspection of backfill and compaction, conduct such laboratory tests of compaction as he deems necessary at the expense of the permittee.

(Code 1980, § 14-2.24; Ord. No. 14-04, § 2)

The surface of the excavation shall be restored by the permittee at his own expense as nearly to its original condition or better as the standard specifications and/or the conditions of the permit require.

(Code 1980, § 14-2.25; Ord. No. 14-04, § 2)

If in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest require that work be performed and completed on an emergency basis, the city manager or his designee shall have the power to require as a condition of a permit that the permittee work continuously, 24 hours per day if necessary, to complete such work as soon as possible.

(Code 1980, § 14-2.26; Ord. No. 14-04, § 2)

The permittee shall, in view of local wind conditions, take continuous action using such measures as are necessary to prevent dust and sand from blowing onto neighboring properties or from endangering passing traffic. The permittee shall not, except in the case of an emergency, use any tool, equipment, or measures likely to produce noise of sufficient volume to disturb the sleep or repose or regular business of the occupants of adjoining properties between the hours of 8:00 p.m. and 6:00 a.m.

(Code 1980, § 14-2.27; Ord. No. 14-04, § 2)

The superintendent of streets shall require the permittees installing, constructing or maintaining underground facilities of a size defined herein as a major project to furnish the city free of charge maps, drawings, or such other information as may be necessary to identify the location, size and character of such facilities as they are installed under city streets.

(Code 1980, § 14-2.28; Ord. No. 14-04, § 2)

It shall be unlawful for any person to remove or tear down a fence, railing, barricade, or other protective barrier or any lights provided at the site of an encroachment for the protection of the public.

(Code 1980, § 14-2.29; Ord. No. 14-04, § 2)

It shall be unlawful for any person to deface or destroy in any manner any public street, sidewalk, curb or gutter, driveway approach or any other public property of any kind. Where, for any temporary purpose, it shall be necessary to drive a vehicle over, upon, or across any curb or sidewalk at a place other than a driveway approach, the curb and sidewalk area must be substantially protected by two-inch planks laid tightly together and across the area involved, or other method as may be specifically approved by the city manager or his designee and removed before dusk of the same day.

(Code 1980, § 14-2.30; Ord. No. 14-04, § 2)

All street improvements shall be constructed or repaired in accordance with standard specifications adopted by the city council and on file with the city clerk and the city manager or his designee.

(Code 1980, § 14-2.31; Ord. No. 14-04, § 2)

(a) Curbs, gutters, sidewalks, and driveway approaches shall be provided along all street frontages of property in accordance with standard specifications for all:

(1) New buildings or structures;

(2) Existing buildings or structures that are altered or expanded in excess of 50 percent of the value of such building or structure; or

(3) For existing buildings or structures that undergo a change of use, as defined at the discretion of the city manager or his designee.

(b) The city manager or his designee may in his sole discretion, and upon a finding of good cause, waive or modify the requirements in this section unless mandated by federal or state law.

(Code 1980, § 14-2.32; Ord. No. 14-04, § 2)

The city engineer may deny final approval of any building or its occupancy until the work required by this section is completed or construction is guaranteed by a lien agreement, cash or bond, or any other improvement security deemed sufficient by the city engineer.

(Code 1980, § 14-2.33; Ord. No. 14-04, § 2)

It shall be unlawful for any person owning any lot or premises in the city, fronting on any portion of a street where curbs, gutters, and sidewalks have been installed to allow any portion of such curbs, gutters, sidewalks, or driveway approaches in front of such lot or premises to be out of repair, or to become, be, or remain defective, or to become, be, or remain dangerous to the users thereof for any reason. Every such property owner must at all times keep his curbs, gutters, sidewalks, and driveway approaches in such condition that it will not endanger persons or property passing thereon, will not interfere with public convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary, and usual pedestrian or vehicular traffic. The provisions of Streets and Highways Code div. 7, pt. 3, ch. 22 (Streets and Highways Code § 5600 et seq.) are hereby adopted as the procedure governing the maintenance and repair of curbs, gutters, sidewalks, and driveway approaches in the city.

(Code 1980, § 14-2.35; Ord. No. 14-04, § 2)

The engineering and inspection fees required by this article shall not apply to projects for which application for grades and elevations was made prior to the effective date of the ordinance from which this article is derived or to projects for which the city council has ordered engineering for grades and elevations prior to the effective date of the ordinance from which this article is derived.

(Code 1980, § 14-2.36; Ord. No. 14-04, § 2)

This article shall not be construed as imposing upon the city or any official or employee of the city any liability or responsibility for damage to any property or person injured or killed by the performance of any work for which a permit was issued hereunder or for any work done without benefit of permit by persons not employed by the city or on contract with the city for such work; nor shall the city or any official or employee thereof be deemed to have assumed any liability for such damage by reason of any act authorized hereunder. The permittee, by signing and accepting a permit, assumes full liability for damage resulting from such work and agrees to hold the city and its officers and employees safe and harmless from any claims for damages resulting therefrom.

(Code 1980, § 14-2.37; Ord. No. 14-04, § 2)

No person shall excavate in a public right-of-way without, in addition to all other requirements of this Code, having first paid to the city a trench cut cost recovery fee. The amount of this trench cut cost recovery fee shall be set from time-to-time by resolution and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation.

(Code 1980, § 14-2.39; Ord. No. 14-04, § 2)

(a) Excavations in city streets scheduled for pavement structural improvements within two years of the date of excavation shall be exempt from the trench cut cost recovery fee.

(b) No trench cut cost recovery fee shall be charged for underground utility district projects initiated by the city, or utility line relocations necessitated by city street work projects or by street vacations or abandonments.

(c) No trench cut cost recovery fee shall be charged for excavations performed by or for the city.

(d) No trench cut cost recovery fee shall be charged with respect to excavation in a sidewalk or a concrete street.

(Code 1980, § 14-2.40; Ord. No. 14-04, § 2)

Any utility owning, operating or installing in a public right-of-way facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the city a utility master plan, in a format specified by the city, that shows the location of the utility's existing facilities in public rights-of-way, and shows all of the utility's planned major utility work in public rights-of-way for the next year. Utilities shall submit an initial utility master plan no later than 180 days after the effective date of the ordinance adopting this article. Thereafter, each utility shall submit annually, on the first regular business day of August, a revised and updated utility master plan. As used in this section, the term "planned major utility works" refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that will affect any public right-of-way for more than 15 days, provided that the utility shall not be required to show future excavations planned to occur more than a year after the date that the utility master plan or update is submitted.

(Code 1980, § 14-2.41; Ord. No. 14-04, § 2)

(a) Prior to applying for an excavation permit in the public rights-of-way, the city shall review, on behalf of the applicant, the city's anticipated repaving plans and the utility master plans on file with the city. The applicant shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with, the public rights-of-way.

(b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits.

(Code 1980, § 14-2.42; Ord. No. 14-04, § 2)

(a) If the subsurface materials or pavement over or within the trench influence area becomes depressed or broken at any time, the person shall, within 14 days of mailing of written notice from the city, immediately inspect the depressed or broken area to ascertain the cause of the failure. The person shall make repairs to the installation or backfill and have the pavement restored in the manner and within the time period specified by the city, but not to exceed 30 days. In the event the city determines the pavement condition creates a road hazard, the city may require the repair to be completed within 48 hours. A trench cut cost recovery fee shall not be charged for work performed under this article.

(b) If the pavement is not restored as specified by the city, unless delayed by conditions beyond the person's control, the city may cause the work to be done after giving the person 24 hours' final notice. The person shall thereafter, upon written demand by city, pay the city an amount calculated by multiplying the number of square feet of pavement restored by the square foot trench repair reimbursement fee set forth in the then most current public works service and capital improvement fees schedule. The person shall remain responsible for any future repairs of that portion of pavement over the excavation that was repaired by the city.

(Code 1980, § 14-2.43; Ord. No. 14-04, § 2)

There is created and established the trench cut cost recovery fee fund. All funds received pursuant to this trench cut cost recovery fee section shall be placed in the trench cut cost recovery fee fund. Funds maintained in the trench cut cost recovery fee fund shall only be expended for the maintenance, rehabilitation, resurfacing, administration, and protection of the public rights-of-way that have been excavated after the effective date of the ordinance from which this article is derived, and for refunds of fees approved by the city.

(Code 1980, § 14-2.44; Ord. No. 14-04, § 2)