Rocklin Municipal Code Art. III Standards and Requirements

A. The permittee shall perform all work in compliance with all current federal, state, and local safety regulations and requirements applicable to the work being performed under the permit.

B. The permittee shall perform all work in compliance with the encroachment and excavation standards and requirements established and published from time to time by the director, including standards and requirements for repaving, compacting, back-filling and pavement restoration. The standards and requirements may impose different requirements for different excavations, taking into consideration relevant factors, such as (i) the location, type and extent of excavation performed, (ii) the condition of the surface being excavated, (iii) the period of time elapsed since the construction or most recent resurfacing of the surface being excavated, and (iv) street classifications.

(Ord. 875 § 1 (part), 2003).

A. No trench shall be opened in any right-of-way for the purpose of laying pipes, conduits or ducts more than three hundred feet, or lesser distance as specified in the permit, in advance of the pipe, conduit or ducts being placed in the trench, without the prior written consent of the director.

B. Whenever any caving occurs in the side walls of any excavations, the pavements above such caving shall be cut away and fully restored and repaved at the expense of the permittee. In no case shall any void under any paved or improved surface be filled by side or lateral tamping.

(Ord. 875 § 1 (part), 2003).

If the pavement or the surface of the public right-of-way over any excavation should become depressed or broken at any time within one year after the excavation has been completed and before resurfacing of the right-of-way by the city, natural wear of the surface excepted, the permittee who performed the excavation work shall, upon written notice from the director, immediately inspect the depressed or broken area over the excavation to ascertain the cause of the failure. The permittee shall make repairs to the installation or back-fill and have the pavement restored as specified by the director, within such time period as may be specified by the director. Additional inspection permit fees may be imposed as appropriate. If, after giving the permittee twenty-four hours notice, the pavement is not satisfactorily restored within the time as specified by the director, excusable delay excepted, the director may cause the work to be done. The cost of the work done by or at the direction of the city, including any inspection costs and administrative overhead incurred by city, shall be charged to the permittee. After the cost is paid to city, the city shall be responsible for any future repairs of that portion of pavement over the excavation.

(Ord. 875 § 1 (part), 2003).

If any part of the work authorized by an encroachment or excavation permit is not completed within the time required, excusable delay excepted, the director may notify in writing the permittee performing the work to complete the work within forty-eight hours, legal holidays excepted. If the work is not completed within this time period, the director shall have the authority to perform all or a portion of the work, including restoration of the work area to a safe and passable condition. The cost of the work, including any inspection costs and administrative overhead, incurred by city shall be charged to the permittee.

(Ord. 875 § 1 (part), 2003).

A. Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the director.

B. All facilities installed under a permit issued under this chapter shall, upon demand of the director, be relocated or lowered if required by the city to avoid potential conflicts with a proper governmental use of a public right-of-way. All expenses incurred in relocating, lowering lines, pot-holing or marking of facilities to determine their exact location after the original installation shall be borne by the permittee.

(Ord. 875 § 1 (part), 2003).

Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall furnish "as-built" plans of the installation if there have been changes from the original submittal, showing a correct plan view to scale, details, and a profile showing the locations of all elements of the installation based on data obtained in the field during construction.

(Ord. 875 § 1 (part), 2003).

Neither the city nor any of its officers, employees, agents or volunteers shall be responsible for any damage caused by any encroachments or excavations in any public right-of-way made by any person under the authority of a permit issued under this chapter. As a condition of application for and issuance of an encroachment or excavation permit, a permittee voluntarily releases, discharges, waives, and relinquishes any and all actions and causes of action for personal injury (including death) or property damage occurring to himself/herself arising out of or as a result of performing the work under the permit; agrees that under no circumstances will he/she, or his/her heirs, executors, administrators and assigns prosecute or present any claim against the city or any of its officers, employees, agents, or volunteers for personal injury (including death) or property damage, including those which arise by the negligence of the city or any of said persons, whether passive or active; and further agrees to defend, indemnify and hold harmless the city, its officers, employees, agents, and volunteers, from any claims, demands, damages, costs, expenses or liability for personal injury (including death) or property damage, arising out of or connected with his/her work under the permit or issuance of the permit.

(Ord. 875 § 1 (part), 2003).

Nothing in this chapter shall be read as imposing upon the city, the director, or any employee or agent thereof, any liability for any damage or any injury to any person or property resulting from any act or acts of the permittee, its agents, or its employees.

(Ord. 875 § 1 (part), 2003).

Should any part of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain in full force and effect.

(Ord. 875 § 1 (part), 2003).

A. Violation of this chapter shall be a misdemeanor, but may be charged as either a misdemeanor or an infraction in the discretion of the prosecuting attorney.

B. If charged as an infraction, the minimum penalty for a first conviction is a fifty dollar fine. For a second conviction within one year, the minimum penalty is a seventy-five dollar fine. For a third or subsequent conviction within one year, the minimum penalty is a one hundred dollar fine.

C. A person who violates the provisions of this chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues.

D. A violation of this chapter which threatens to be continuing in nature is a public nuisance which may be abated or enjoined as such in accordance with Chapter 8.04 or any other provision of law.

E. A violation of this chapter is subject to administrative citation and fine under Chapter 1.14.

(Ord. 875 § 1 (part), 2003).

(Ord. No. 1090, § 14, 3-13-2018)