Chapter 14.12 — TEMPORARY EXCAVATIONS, FILLS AND OBSTRUCTIONS

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, amended the title of Ch. 14.12 to read as herein set out. The former Ch. 14.12 was entitled "Excavations, Fills and Obstructions."

For the purposes of this Chapter, words or phrases shall have the meaning established by Section 14.04.010 and as defined below:

(a)

Excavation. Means any opening in the surface of a Public Place made in any manner whatsoever, such as cutting, digging, removal, displacement, or any other movement of soil, sand, gravel, rock or other similar material to access or install a Utility or other Facility, except that access via a prior lawful structure such as a vault or pull box constructed as to permit frequent openings without injury or damage to the Public Place is not Excavation.

(b)

Facility. Means any pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, cable, junction box, transformer, pole, anchor or any other material, Structure or object of any kind or character, whether enumerated herein or not, that is or may be lawfully constructed, left, placed, or maintained in, upon, along, across, under, or over a Public Place.

(c)

Mark Out. Means the process of locating Substructure facilities on the surface and marking those locations with paint, tape, or other method of demarcation and by means of contacting Underground Service Alert (USA) as required by law.

(d)

Minor Excavation. Means all single Excavations, exploratory Excavations, or potholes that are less than five feet deep and less than ten square feet in excavated surface area.

(e)

Substructure. Means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other Facility located below the surface of any Public Place.

(f)

Trail. Means any trail or graded path, either natural or composed of asphalt concrete, Portland cement concrete, decomposed granite, graded earth, or wood mulch used for pedestrian, animal, or bicycle traffic.

(g)

Utility. Means the lines, facilities, and appurtenances for the transportation, distribution, and control of water, stormwater, sanitary sewer, gas, electricity, oil, steam, television, telegraph, telephone, fiber, communications, and supporting members other than Buildings.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The provisions of this Chapter apply only to Permits for the making of temporary Excavations, fills, or obstructions for the purpose of installing or repairing utilities, including both main and lateral lines.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

No Person shall tunnel, fill, obstruct, or undermine; make or cause to be made any Excavation; deposit, place, or leave any material in, upon, or under any Street, Sidewalk, Trail or other Public Place, to in any way obstruct or tend to interfere with the free use of the Public Place without first obtaining a Permit therefor.

The Director is hereby appointed and authorized by the City to process and handle Excavation Permits applied for within the City. Application for a Permit required by this Chapter shall be made in accordance with Chapter 14.04 of the San Marcos Municipal Code.

Such application will be submitted to the Director at least two working days prior to the proposed work. The City shall require a minimum of two working days in order to review the application package. The Permit shall be issued by the Director upon determination of the suitability of the application and its attachments and upon payment of fees associated to the Permit.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The application shall, at a minimum, address the below administrative requirements.

(a)

The name, address, email, and phone of the following:

(1)

Person requesting the proposed work;

(2)

Person proposed to perform the work;

(3)

Person proposed to perform the required paving and/or surface restoration;

(4)

Person or entity responsible for the perpetual maintenance and repair of the work; and

(5)

Entity responsible for the inspection of the work.

(b)

Current City business license.

(c)

Twnety-four-hour phone number to reach Applicant for emergencies.

(d)

Insurance certificate in a form acceptable to the City naming the City, its officers, and employees as additional insureds under the applicable insurance policy, per Section 14.12.150.

(e)

Schedule, including the estimated duration that such Excavation or obstruction will exist.

(f)

Cash deposit, bond, or surety in a form acceptable to the City guaranteeing the performance of the work, restoration of the Public Place, and satisfactory performance of the restoration for a 12-month warranty period, as per Section 14.12.150.

(g)

Permit fees.

(h)

Other such information as may be required by the Director.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Each application shall contain information deemed necessary by the Director, such as plans and/or exhibits to adequately depict the information listed below. Plans, structural details, and trench cross section must be signed and stamped by a licensed Civil Engineer,

when legally required.

(a)

Name of the street to be Excavated and the nearest cross street.

(b)

Minimum distance of proposed Excavation from the face of curb or berm or edge of pavement.

(c)

Distance of proposed Excavation from the nearest intersection.

(d)

The size of the Excavation (length and width).

(e)

The location of any proposed above ground facilities, including:

(1)

Construction detail, location, size, design criteria, and the purpose of the Facility to be installed.

(2)

Distance from curb and any street facilities or furnishings.

(3)

Location of doors and door swings together with required clearances.

(4)

At the discretion of the Director, the plan may show the approximate location of the Facility, provided that a signed and stamped "As- Built" of the precise location is provided prior to release of any deposit or security.

(f)

The location of any existing facilities and the location of proposed underground facilities including:

(1)

Conduit, vaults, maintenance holes, traffic loops and detectors, pipes, etc.

(2)

Structural detail and additional information for Structures to be installed such as vaults and maintenance access.

(g)

Cross section of a typical trench indicating:

(1)

The approximate depth of the Facility to be installed.

(2)

Trench backfill depth, compaction and layer depths.

(3)

Pavement section detail (type and depths).

(h)

The proposed construction methods for installation.

(i)

A Traffic Control plan and/or applicable Work Area Traffic Control Handbook (WATCH) Standards.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Formerly entitled "Determination of responsibility, which was amended as herein set out by Ord. No. 2022-1521.

The Director may require each Applicant to submit proof of an Applicant's right to use a Highway or Public Place for the purposes set forth in the application.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The Director may require changes in the location of the proposed Excavations, fills, or obstructions as may be necessary to prevent undue interference with the use of the Highway or Public Place.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Every Permit for an Excavation in or under the surface of any Highway or Public Place shall be granted subject to the right of the City or of any other Person entitled thereto, to use that part of such Highway or Public Place for any purpose for which such Highway or Public Place may lawfully be used.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Permits issued under this Chapter are nontransferable.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

The Director may cancel a Permit unless the work is commenced within 60 days of the issuance thereof and thereafter, in the opinion of the Director, is diligently prosecuted to completion.

(b)

Any Permit is automatically rendered null and void if work is not started six months after date of issuance.

(c)

The Applicant shall prosecute with diligence and to the satisfaction of the Director all work covered by the Permit.

(d)

The Applicant shall promptly complete such work restoring the street or Public Place as near as possible to its original condition not later than 48 hours after the original cut, unless extended by the Director.

(e)

The permanent completion of the Excavation work shall be completed not later than 30 calendar days after the original street cut.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Every application shall contain Applicant's signed statement, that as to any Encroachment not placed in a Right-of-way which is prior in time and/or right to the City's Right-of-way, if any tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line placed in the Excavation or obstruction for which a Permit is issued interferes with the subsequent improvement, grading or realignment of the Highway or Public Place by the City then the Applicant and their successors or assigns will at their own expense remove such tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead line, or relocate at a location designated by the Director.

(b)

No Utility owned by the City shall be moved to accommodate the Applicant without prior Director approval. Upon such agreement, any and all costs associated with such work shall be borne by the Applicant.

(c)

City shall not be required to pay for moving utilities, when acting as an Applicant unless State or Federal law requires said payment. The cost of moving Conflicting Utilities shall be borne by the Applicant unless other arrangements with the owner of the Utility are made, or unless State or Federal law specifies otherwise.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Every application shall contain a statement, signed by the Applicant, that as to any Facility placed within the City's Right-of-way, the Applicant shall agree that if any failure to an obstruction or Facility were to occur, that the Applicant, Utility, or franchisee for which the Facility is placed shall be responsible for the restoration, in perpetuity of time, of their Facility, its Structure and any affected public improvements. The Structure shall include subgrade, points of load-bearing, Excavations, trench backfills, and fills within which is found the Facility. Public improvements shall include Streets, roadways, drainage facilities, Sidewalks, Trails, shoulders, and Public Places.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Upon permanent completion of the surface restoration of the work area, the Applicant shall subsequently be responsible for the maintenance of the surface restoration for a period of 12 months from the opening of the street to public traffic, except for ordinary wear and tear. Any settlement, cracking or raveling of the surface restoration area within a 12-month period shall be evidence of defective surface restoration. The Applicant shall restore the backfill or surface area as required by the Director and shall subsequently be responsible for the maintenance of the surface for a period of 12 months following the restoration. Any failure by the Applicant to restore the backfill or the surface area upon order of the Director shall be cause for the City to draw down or claim upon deposits or sureties held by the City in order to make the necessary repairs as determined by the Director. The Applicant shall request that the Director make a final inspection of the surface restoration area at the end of the 12-month maintenance period. Upon request of the Applicant and the inspection of condition of the surface restoration area and finding that the same is satisfactory, the Director shall release deposits and sureties held, less any outstanding fees, costs, etc., owed to the City, to the Applicant.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Every person, unless exempted by law, applying for a Permit required by this chapter and requiring City inspection services shall, at the time of making application for the Permit, pay a the then-current issuance fee and inspection fee, in amounts determined by the Director to be necessary for staff review and administrative costs associated with such permitting and inspection activities.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Every Person applying for a Permit required by this Chapter shall, at the time of making application for the permit, provide sureties or deposits and evidence of insurance as required by the Director. The surety or deposit shall provide assurance for the proper restoration of existing or new improvements and assurance that the restoration remains in good condition, as determined by the Director, for a warranty period of 12 months following the permanent completion and the Director's acceptance of the work performed under the

Permit. The City shall hold the surety or deposit for the 12-month warranty period. The City may claim or draw upon the security or deposit if the Applicant fails to conform to the conditions of the Permit or of this Chapter for the payment of fees and costs incurred by the City associated with the enforcement of the conditions of the Permit. The Applicant may request the release of the balance of the security or deposit upon successful completion of the 12-month warranty period.

(a)

Deposits. Except as provided in this section, each Applicant for a Permit shall deposit with the Director both the Permit issuance fee and a sum of money which is twice the estimated cost of repairing the Highway or Public Place which may be damaged or destroyed by the proposed Excavation or obstruction. The deposit cost shall be estimated, multiplying the number of square feet of surface area that may be damaged, as shown on the application and accompanying plans, by such sums, as determined by the Director, which most accurately represents the actual cost of the repair. The Director may change and revise such sums from time to time. No deposit shall be less than $2,000.00 per Excavation.

(1)

Where the deposit as calculated above in this section will exceed $5,000.00, an exemption from the provisions of this section may be granted for the excess above $5,000.00 to an Applicant for a Permit in case of a contract secured by a public agency, special district, or by a public Utility company authorized to occupy a City Highway or Public Place under terms of a franchise granted by the City or under the terms of a franchise issued by the State. The public agency, special district, or public Utility company for whom the work is to be performed shall submit to the Director a written guarantee of restoration of the Highway to the satisfaction of the Director and a guarantee of payment of all costs for which the agency or the company or their contractor may be liable to the City as a condition for such exemption. The public agency, special district, or public Utility company for which the work is to be performed shall submit to the Director a written certification that the restoration of the Highway or Public Place to the satisfaction of the Director is a condition precedent to the acceptance of the work by the public agency, special district, or public Utility company.

(2)

If, in the opinion of the Director, any above-described deposit is not sufficient for the proper protection of the public Highways or other Public Place in which it is proposed to Excavate or on which it is proposed to place obstructions, the Director may require an additional deposit in such amount as they determine will be sufficient to protect such public interest.

(b)

Surety. As an alternative to a cash deposit, the Applicant may provide a surety bond in an amount payable to the City which shall be sufficient to ensure restoration of the Highway or other Public Place, maintenance of the restoration of the same for 12 months after permanent completion, and payment of fees described within this section. The surety bond must be:

(1)

With good and sufficient surety;

(2)

By a surety company authorized to transact business in this State;

(3)

Satisfactory to the City Attorney in form and substance; and

(4)

Conditioned upon the Applicant's compliance with items described with in this Chapter.

If, in the opinion of the Director, any above-described surety is not sufficient for the proper protection of the public Highways or other Public Place for the work covered by the Permit, the Director may require a different or an additional surety amount in such manner or amount as they determine will be sufficient to protect such public interest.

(c)

Liability Insurance. Every Person applying for a Permit required by this Chapter shall at the time of making application for the Permit provide required satisfactory evidence of public liability insurance for the protection of the City and the Applicant against claims for

injury or death to any Person or persons, or damage to any property, arising out of the performance of the work, as required by the City, pursuant to City policies in place at the time of application.

(d)

Waiver. In the case of a public Utility, special district, or other public agency, the Director, may waive any or all of the requirements of this Section 14.12.150. This waiver, if granted, shall be granted based on the presentation of evidence that satisfactory safeguards exist that protect the City, the traveling public and otherwise accomplish the intent of this section.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Maintain Permit at the Site. A copy of the Excavation Permit shall be available for review on the job site at all times.

(b)

Comply with Applicable Standards. All work completed under this Chapter, unless otherwise specified in this Chapter, shall follow and comply with the Standards. Further, all work conducted under this Chapter shall comply with the Safety Orders issued by the California State Division of Industrial Safety, which are determined to be necessary for the protection of employees, pedestrians, and other persons, particularly children using or properly in or upon such public Streets, thoroughfares, Highways, Sidewalks, Trails or Public Places, or in the immediate vicinity thereof.

(c)

Maintain Access to and Through Public Places. The working areas shall be confined so as not to obstruct roadways, Driveways, Sidewalks, Trails, or other Public Places.

(1)

Not more than one lane of traffic shall be closed at any time, unless specific permission is granted otherwise. Upon approval of a written application to the Director, Streets, Driveways, Public Places, or other areas may be closed for specified periods.

(2)

Temporary roadways, Driveways, and walks shall be constructed where required.

(3)

Free and unobstructed access shall be provided to all Driveways, private property accesses, mailboxes, fire hydrants, water gates, valves, manholes, drainage Structures, communication facilities, and other public service Structures and property.

(d)

Minimize Public Inconvenience.

(1)

The Applicant shall take appropriate measures to ensure that occupants of abutting properties and the general public are notified well in advance of the work.

(2)

Applicant shall conduct and carry out the work so as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.

(e)

Comply with Working Hours.

(1)

The Applicant shall comply with the working hours and days set forth in the Standards.

(2)

Working hours may be extended with the express written permission of the Director, if the Director deems it necessary for the health, safety, or welfare of the community.

(3)

Working hours may be restricted by the Director, if the Director deems that the public interest requires restrictions be placed on the working hours.

(f)

Maintain Traffic Control During Construction. The Applicant shall route and control traffic, including its own vehicles, as directed by the municipal law enforcement agency, in accordance with Standards or as indicated by the approved traffic handling plans which have been prepared by the Applicant or Applicant's engineer.

(1)

The Applicant shall erect and maintain suitable barriers to confine excavated earth from Encroachment upon the Highways.

(2)

The Applicant shall construct and maintain adequate and approved safe crossings over Excavations in order to accommodate pedestrian and vehicular traffic.

(3)

Signage and other Traffic Control devices shall be put in place in accordance with the Standards, approved Traffic Control plan, or Permit conditions. Non-standard signage and Traffic Control devices will not be allowed.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022; Ord. No. 2024-1549, § 2(Exh. A), 9-10-2024)

It shall be the responsibility of the Engineer of Record to show on the Permit plans all monuments in the vicinity of the work and to note each monument of record that may potentially be disturbed. No monuments of record shall be disturbed without permission of the Director. Permittee shall bear the expense of resetting any disturbed monuments or stakes. A licensed surveyor shall complete all work of resetting any monuments or stakes and a Corner Record shall be filed with the County Recorder before acceptance of the work. Upon proper notification, which is 72 hours prior to start of Excavation, the City will provide its records of any monuments using the most current map available from Engineering.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Material for Backfill shall be as indicated in applicable Standards in place at the time of Permit issuance unless otherwise approved by the Director. Materials shall be installed by appropriate equipment to meet the requirements set forth in the Standards. Deleterious, inferior, or poor quality Backfill will not be accepted by the City.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, amended § 14.12.180 in its entirety to read as herein set out. Former § 14.12.180 was entitled "Working hours, noise, dust, and debris," and derived from Ord. No. 2003-1196, adopted Aug. 26, 2003.

(a)

Notification. The Applicant shall be responsible for notifying the affected utilities, agencies, and special districts that own utilities within the area of the Applicant's work, that work is going to be performed which may affect existing facilities.

(b)

Underground Service Alert. The Applicant shall be responsible for notifying Underground Services Alert or the current Utility location service of the need to Mark Out existing utilities within the area of the Applicant's work.

(c)

Potholing. The Applicant shall conduct exploratory Minor Excavation or pothole to determine the exact location of all existing Utilities and associated Facilities within the area of the Applicant's work.

(d)

Protection of Existing Facilities. The Applicant shall support and protect, as recommended by the Utility owner, Substructure apparatus that may be in any way affected by the Excavation work. The Applicant shall do everything necessary to support, sustain, and protect existing utilities under, over, along, or across said work.

(e)

Interference with Existing Facilities. The Applicant shall not unreasonably interfere with any existing utilities without the written consent of the Director and the Utility company or Person owning the Facility.

(1)

If it becomes necessary to remove an existing Utility, the Applicant shall complete removal only after appropriate notification to Underground Service Alert (USA) as required by law.

(2)

The Applicant shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electrical conduit, communication Facility or any other Substructure.

(f)

Restoration of Traffic Control Devices. The Applicant shall take appropriate measures to ensure that prompt replacement of detector loops or installation of video detection to ensure traffic conditions remain as near to normal as practical at all times.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The Applicant shall at all times and at its sole expense preserve and protect from injury any adjoining property. Where it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the Applicant shall obtain prior permission from the owner of such property for such purpose.

The Applicant shall, at their sole expense, shore up and protect all Buildings, walls, fences, or other property likely to be damaged during the progress of the work and shall be responsible for all damage to public or private property, public Streets, and/or Public Places resulting from its failure to properly protect and carry out said work.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The Applicant shall repair all damage done to existing improvements during the progress of an Excavation, including private landscaping and irrigation systems within the Public Place and/or public Right-of-way. Materials for such repair shall conform to the requirements of the Standards and any applicable code or ordinance. If, upon being ordered to perform such repairs in a reasonable period of time, the Applicant fails to furnish the necessary labor and materials to perform such repairs, then Applicant shall be liable to the City for the cost of such repairs as provided by the City or its agents, plus a 30 percent markup for general overhead and administrative expenses.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The provisions of this Section are intended to prevent unnecessary interference with new pavement during the period immediately following its construction or resurfacing. Failure by the City to give notice to owners of Substructures within the Highway shall not affect the provision of this section.

No Excavation shall be made through the final paving course of any City street prior to nor within two years following the date of completion and acceptance of any work of paving, repaving, chip sealing, or seal coating of City Streets or Public Places except for emergency repairs or service unless the Person proposing to make such Excavation shall agree to make appropriate restoration of the surface satisfactory to the Director.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Excavations made in or under a Sidewalk or Trail shall be subject to this Chapter and all other conditions determined by the Director.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Applicant shall comply with the requirements of the most current Standards. Acceptance or approval of any Excavation work by the Director shall not prevent the City from asserting a claim against the Applicant and their surety for any incomplete or defective work discovered. The presence of the Director or their representatives during the performance of the work shall not relieve the Permittee of their responsibilities hereunder.

For restoration of perpendicular street excavations and cuts, see Figure 14.12-1. Appropriate restoration of the surface for cuts perpendicular to the traffic flow includes resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street.

Figure 14.12-1: Perpendicular Excavation Street Repair

For restoration of longitudinal street excavations and cuts, see Figure 14.12-2. Appropriate restoration of the surface for cuts parallel to the traffic flow includes resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch from the curb to the center of the street or nearest lane divider for the entire length of the cut plus ten feet on each end.

Figure 14.12-2: Longitudinal Excavation Street Repair

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022; Ord. No. 2024-1549, § 2(Exh. A), 9-10-2024)

If the Applicant shall have failed to restore the surface of the Street or Public Place to its original and proper condition prior to expiration of the time for restoration fixed by the Permit; if Applicant shall otherwise have failed to complete the work covered by such Permit; or if Applicant shall have failed to maintain the work site in the same or better condition as it was prior to the work for the 1-year warranty period following permanent completion of the work and opening of the work area to the public, then the at the Director's sole discretion, City shall have the right to do all work and things necessary to complete the work and/or to restore the Street or Public Place.

The Applicant shall be liable for the actual cost of the restoration and an additional 30 percent of such cost for general overhead and administrative expenses. The City shall have a cause of action for all such cost and the 30 percent override and for all fees, expenses, and amounts paid out, due, and owing to it for such work. Payment of the amount due the City shall be applied to any funds the Applicant has deposited with the City. The City shall also enforce its rights under the Applicant's surety bond.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The work site Right-of-way, Streets, Public Places, and private properties shall be maintained free of all rubbish, excess earth, rock, and other debris resulting from the work. All clean-up operations shall be and shall be completed to the satisfaction of the Director at the sole expense of the Applicant.

The Applicant shall take appropriate measures to reduce to the fullest extent practical, noise, dust, and debris.

Water trucks are prohibited from washing Streets or Highways due to Storm Water pollution prevention restrictions. Street sweepers and/or other means of dry pickup must be used. From time to time as may be ordered by the Director, and in any event, immediately upon the completion of work, the Applicant shall their sole expense, clean up and remove all refuse, stockpiles, and other materials of any kind resulting from said work. Upon Applicant's failure to comply with said direction within 24 hours after having been notified to do so by the Director, said work may be done by the Director in their discretion. In the event the Director causes such work to be performed, the City shall be entitled to recover any and all costs, fees, expenses, and amounts paid out, due, and owing to it for such work, together with 30 percent of the cumulative amount for overhead and administrative expenses. Payment of the amount due the City shall be applied to any funds the Applicant has deposited with the City. The City shall also be entitled to enforce its rights under the Applicant's surety bond to recover any and all costs, fees, expenses, and amounts described above.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Care shall be exercised during trenching operations, particularly where trenches are in the vicinity of mature trees and their extensive root systems. The construction layout should be located away from the trees; however, in some areas, locating the construction layout

close to trees is unavoidable. Since damage to mature, historical, specimen, or other irreplaceable trees is usually final, the Applicant will confer with the Director regarding conflicts of this nature. Applicant shall comply with tree protection measures as required by the Director as a condition of the Permit.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, amended § 14.12.270 in its entirety to read as herein set out. Former § 14.12.270 was entitled "Permanent completion of work," and derived from Ord. No. 2003-1196, adopted Aug. 26, 2003.

If, in their judgment, the Director determines traffic conditions, the safety and/or convenience of the traveling public, or the public interest require that the Excavation work be performed as Emergency Work, the Director shall have full authority to order that the Applicant's labor, equipment, materials and facilities be employed 24 hours a day, or at specific time periods during a day, such that work may be completed as soon as possible with as few conflicts and as little inconvenience to the public as possible. Nothing in this Chapter shall prevent Excavation for emergency repairs to Utility service connections or other work that is necessary for the immediate protection of life or property, provided a Permit is applied for within 36 hours following the commencement of work.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

All Persons operating public utilities or other companies in the City either under regulation of the California Public Utilities Commission or under franchise, license, or Permit granted by the City, and having the right, either by general or special permission, to enter upon Streets and open and excavate pavements, Sidewalks, Trails, or another Public Place, or to disturb the surface thereon by Excavation or other work, shall be subject to the requirements of this Chapter.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Every Person owning, using, controlling, or having an interest in Substructures under the surface of any Highway, Sidewalk, Trail, or other Public Place, used for the purpose of supplying or conveying gas, electricity, communication, impulse, water, steam, ammonia, wastewater, gasoline, or oil shall keep on file appropriate plans and as-built drawings to show location of such Facilities.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

The Director shall have the authority to promulgate and cause to be enforced such Rules and Regulations as are reasonably required to provide for the matters governed by this part, to supplement the same, and to provide for the enforcement of this part. Violation of said rules and regulations shall constitute a violation of this part and be considered a misdemeanor.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Any Person violating or failing to comply with any provision of this chapter or committing an act declared to be unlawful by this chapter shall be punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding six months, or both such fine and imprisonment in the discretion of the court. The City may deduct any fine imposed pursuant to this section from deposit funds submitted pursuant to Section 14.12.150. Each and every day that the violation persists shall constitute a separate offense.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

This Ordinance shall not be construed as imposing upon the City or any official or employee any obligation, liability, or responsibility for damages to any Person or property injured by the performance of any work for which a Permit is issued hereunder. Nor shall the City, nor any official of the City, nor any employee of the City, thereof be deemed to have assumed any such liability or responsibility, by reason of inspections authorized hereunder, the issuance of any Permit, or the approval of any work.

(Ord. No. 2003-1196, 8-26-03; Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, deleted § 14.12.340 entitled "Backfill requirements," which derived from Ord. No. 2003-1196, adopted Aug. 26, 2003. See § 14.12.180 for similar subject matter.