San Fernando Municipal Code Div. 1 Generally

It shall be unlawful for any person to make or to cause or permit to be made any excavation or to install or maintain or to cause or permit to be installed or maintained any pole, tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application of such person for an excavation permit and shown on the plats filed by such person as required by this article.

(Code 1957, § 23.79)

It shall be the duty of every person making any excavation in any public street, alley or other public place to maintain safe crossings over the excavation for vehicular traffic at all street intersections and safe crossings over the excavation for pedestrians at intervals of not more than 300 feet. If any such excavation is made across any public street or alley, at least one safe crossing over the excavation shall be maintained at all times for vehicles and pedestrians.

(Code 1957, § 23.82)

Cross reference— Traffic and vehicles, ch. 90.

All materials excavated pursuant to this article shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and shall keep a passageway at least five feet in width open upon and along such sidewalk.

(Code 1957, § 23.83)

Free access over an excavation shall be provided to all fire hydrants and water gates.

(Code 1957, § 23.84)

Cross reference— Fire prevention and protection, ch. 38.

All gutters in any public way in which excavation shall be made pursuant to this article shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Code 1957, § 23.85)

It shall be the duty of every person making any excavation in any public street, alley or other public place to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accident and, also, to place and maintain lights at each end of such excavation and at distances of not more than 50 feet along the line thereof from sunset each day to sunrise of the next day, until such excavation is entirely refilled. It shall be unlawful for any person to fail, refuse or neglect to comply with any requirement contained in this section.

(Code 1957, § 23.86)

After any excavation is commenced, the work of making and refilling the excavation shall be prosecuted with due diligence so as not to obstruct the street or other public place of travel more than is actually necessary therefor. If the work is not so prosecuted or if the work of refilling does not, in the judgment of the department of public works, comply with the terms of this article, the department of public works shall notify the person named in the permit therefor that the work is not being prosecuted with due diligence or that the refilling 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 the diligent prosecution of such work or properly to complete the work, as the case may be. Such notice shall be written or printed and shall be served personally or by leaving the notice at the residence or place of business of the person to whom it is directed. If such person cannot be found and such place of business or residence is unknown or is outside of the city, such notice may be served by depositing the notice in the post office in a sealed envelope, postage fully prepaid, addressed to such person at such place of business or residence, if known, or if unknown at the city. If such notice is not complied with, the department of public works shall do such work as may be necessary to refill such excavation and to restore the street or other public place or part thereof excavated to as good a condition as the street or public place was in before such excavation was made.

(Code 1957, § 23.87)

It shall be unlawful for any person to fail, refuse or neglect to comply with any regulations of the department of public works governing the refilling of excavations.

(Code 1957, § 23.89)

The street surface excavated or damaged pursuant to a permit issued under section 74-154 of this article shall be replaced by the department of public works, for which deductions shall be made from the deposit required under section 74-151 of the person making the excavation.

(Code 1957, § 23.90)

None of the sections of this article shall apply to any work done or to be done in, along or upon any public street, alley, or other public place pursuant to any state law providing for the improvement thereof or to any work done or to be done in, along or upon any such street, alley or other public place pursuant to any contract for the improvement authorized by the city council. However, sections 74-102 to 74-106 of this division shall apply to all such work and to all excavations to be made in, along or upon any public street, alley or other public place, and section 74-108 of this division shall apply to all such work and to all such excavations made or to be made in, along or upon any public street, alley or other public place whenever the specifications for such work so provide.

(Code 1957, § 23.91)

This article shall not apply to excavations made by any employee or official of the public works department or water department for the purpose of repairing or maintaining streets or sewers.

(Code 1957, § 23.92)

The department of public works shall cause a statement, showing the amount due the city from every person for any work performed by the city pursuant to this article, to be mailed to every such person or his agent in the city at such times as shall be established from time to time by resolution of the city council. The amount due the city as shown by any such statement shall be paid by every such person to the department of public works at such times as shall be established from time to time by resolution of the city council. If there is a special deposit, the balance shall be returned within 30 days after the street surface has been replaced by the department of public works. The city shall deduct the cost of any work done or repairs made by the department of public works for any person from any and all deposits then on hand belonging to or that may at any time be made by such person under this article.

(Code 1957, § 23.93)

The decision of the department of public works as to the cost of any work done or repairs made by it or under its direction, pursuant to sections 74-107 and 74-109 of this division, shall be final and conclusive as to the cost thereof.

(Code 1957, § 23.94)

All moneys refunded pursuant to this article shall be paid upon demand, audited and paid in the same manner as other demands against the city are audited and paid.

(Code 1957, § 23.95)

All moneys received by the department of public works pursuant to this article shall be deposited in a special fund designated as the "street repair deposit fund."

(Code 1957, § 23.96)

All deposits made in the street repair deposit fund that have remained unclaimed and inactive for a period of three years or more shall, on motion of the city council, be transferred to the general fund, and any person having a valid claim for return of any such deposit or any portion thereof so transferred to the general fund shall, upon approval of such claim, be paid from the general fund.

(Code 1957, § 23.97)

All claims for refund for all sums of money deposited in the street repair deposit fund must be filed with the city within three years from the last date of activity of such deposit account as shown on the city's books of account; otherwise the sum of money so deposited shall be forfeited to the city. The sum so forfeited shall be transferred to the general fund upon motion of the city council.

(Code 1957, § 23.98)

Nothing in this article shall be construed to prevent any person maintaining any pipe or conduits in any public street, alley or other public place by virtue of any section of this Code or other laws, ordinances or permits from making such excavations as may be necessary for the preservation of life or property when such necessity arises during such hours as the city offices are closed. However, the person making such excavation shall obtain a permit therefor within four hours after the city offices are first opened subsequent to the making of such excavation.

(Code 1957, § 23.99)