Chapter 12.08 — EXCAVATIONS

Sections:

• 12.08.010 Definitions.

• 12.08.020 Permit--Required.

• 12.08.030 Permit--Application.

• 12.08.040 Permit--Investigation of application.

• 12.08.050 Permit--Contents.

• 12.08.060 Permit--Indemnity provisions.

• 12.08.070 Permit--Deposit or bond required.

• 12.08.080 Permit--Deposit refund.

• 12.08.090 Permit and inspection fees.

• 12.08.100 Permit--Exemptions from deposits and fees.

• 12.08.110 Permit--Display required.

• 12.08.120 Permit--Refusal of engineer to grant.

• 12.08.130 Compliance with terms of permit required.

• 12.08.140 Backfilling--Responsibility.

• 12.08.150 Backfilling--Specifications.

• 12.08.160 Barricading, lighting, and signposting.

• 12.08.170 Diligent prosecution of work required.

• 12.08.180 Removal of debris and materials.

• 12.08.190 Surface restoration and maintenance.

• 12.08.200 Removal or relocation of interferences.

• 12.08.210 Safe crossing maintenance--Access to fire facilities.

• 12.08.220 Completion of work--Certification.

• 12.08.230 Map of installations required.

• 12.08.240 Map of abandoned facilities required.

• 12.08.250 Emergency repairs.

• 12.08.260 Stop-work authority--Procedure.

• 12.08.270 Inspections.

• 12.08.280 Materials and operations specifications.

• 12.08.290 Penalty for violations.

For the purposes of this chapter, the following definitions shall apply: A. "Excavation" means the breaking or cutting of any street surface and the tunneling under any street. The digging of holes for the planting of trees, shrubs, or other plants upon the parkway of any street shall not constitute an excavation within the meaning of this chapter. B. "Person responsible for excavation or street work" means the owner of the pipeline, facility, or structure which is installed or to be installed or is maintained in the public street, and also any person who is in possession of and is using the pipeline facility or structure. It shall also mean, where applicable, any person who the owner or possessor of any such pipeline, facility, or structure has engaged to perform any work thereof which requires an excavation in a street. (Prior code § 12.04.010 (Ord. 487 § 28, 1960))

No person, firm, or corporation as principal agent, employee, or otherwise, except officers, agents, and employees of the city acting within the scope of their employment, shall excavate in any street, avenue, court, alley, place, sidewalk, or other highway in the city without first obtaining from the city engineer or his authorized representative a written permit so to do, and without first making the deposits and paying the fees as required in this chapter. This section shall not be applicable to excavations performed pursuant to contracts awarded therefor by the city. (Prior code § 12.04.020 (Ord. 487 § 1, 1960))

Every application for a street excavation permit shall be in writing upon forms to be provided by the city engineer and shall contain a statement of the location of the proposed excavation, its width, length, and depth, the purpose for which the proposed excavation is to be made, and the probable length of time it will remain open. The application shall be dated and shall bear the signature and address of the applicant. (Prior code § 12.04.030 (Ord. 487 § 2, 1960))

The city engineer shall investigate such application and, if it is found that there is a public or private necessity for such excavation, that it can be made without permanent material injury to public or private property, and that it will not be detrimental to the best interests of the city or to the residents in the neighborhood of such excavation, he shall issue the permit upon the payment of the fees, and the making of the deposits hereinafter required. Otherwise, he shall deny such application. (Prior code § 12.04.040 (Ord. 487 § 3, 1960))

A. Each street excavation permit shall be in writing, shall be signed by the city engineer, and shall contain a statement of the location of the proposed excavation, the width, length, and depth thereof and the length of time allowed for making such excavation and restoring the surface and the pavement. B. The provisions of the permit may vary from those of the application, but the work shall be done in accordance with the terms of the permit, the laws and ordinance governing such work in the city, and in accordance with the requirements of the city engineer relating thereto. (Prior code § 12.04.050 (Ord. 487 § 4, 1960))

A permit issued for street surface improvements or a permit issued for an excavation under this chapter shall provide that the permittee shall indemnify, save, and keep the city, its officers, agents, and employees, free and harmless from and against any and all claims for injury, damage, loss, liability, cost, and expense of any name or nature whatsoever, which the city, its officers, agents, and employees may suffer, sustain, incur, or pay out as a result of any and all actions, suits,

proceedings, claims and demands which may be brought, made or filed against the city, its officers, agents, and employees by reason of or arising out of, or in any manner connected with, any and all operations authorized or permitted by the permit, until all work authorized or permitted by the permit shall have been completed to the satisfaction of the city engineer and has been accepted in writing by the city engineer. (Prior code § 12.04.060 (Ord. 487 § 5, 1960))

A. No permit to make an excavation on any street, alley, or other public place shall be granted by the city engineer unless the applicant posts with the city engineer a cash deposit or surety bond to guarantee performance of the work and restoration of the city property as required in this chapter. The amount of the cash deposit shall be determined as follows:

1. Seventy-five cents for each square foot of area of proposed excavation in or under any type of pavement or surfacing material;
2. Fifteen cents for each square foot of area of proposed excavation which is not in or under pavement or surfacing of any kind;
3. The minimum deposit shall be twenty-five dollars and the maximum shall be one thousand dollars; provided, that if the maximum deposit is posted, it shall cover any number of permits the depositor may require while the deposit is maintained. B. If the applicant elects to post a surety bond in lieu of the cash deposit, the bond shall name the city as obligee, shall be executed by the applicant as principal and by a corporation authorized and licensed so to do by the state as surety, and shall be in the principal sum of one thousand dollars. The bond shall be conditioned upon performance of all work and the restoration of all city property altered or damaged pursuant to any permit issued to the applicant under this chapter in the manner provided in this chapter. Any number of permits may be issued under the bond and the liability of the surety on any such bond may be terminated as to future acts or omissions only by the filing of a written notice thereof at least ten days before the effective date of such termination. (Prior code § 12.04.100 (Ord. 496, 1960: Ord. 487 § 10, 1960))

Any deposit made for an excavation permit pursuant to Section 12.08.070 may, at the request of the person making the deposit, be refunded to such person upon the completion and acceptance by the city engineer of any work authorized under an excavation permit. If the deposit is refunded, a new deposit shall be required if a new permit is to be obtained. (Prior code § 12.04.110 (Ord. 487 § 12, 1960))

Every applicant for an excavation permit under this chapter shall pay to the city permit and inspection fees for all excavation involving unimproved dirt, oil dirt, A. C. paving, concrete sidewalk, curb and gutter, driveway aprons and such other matters as established by the city engineer, in such amount as shall be from time to time adopted and approved by resolution of the city council. (Ord. 79-10-830 § 7: prior code § 12.04.070 (Ord. 487 § 6, 1960))

Neither the United States nor the state of California nor any body politic and corporate officer, board, or agency of any thereof shall be required to pay any permit or inspection fee, or deposit or a bond as provided in this chapter. Also any contractor making an excavation for an exempt political body or agency shall be exempt from such fees and deposits and bonds with respect to such work. A deposit or bond shall not be required of a public utility having lawful authority to occupy the streets and highways unless such public utility has violated the provisions of a previous permit. (Ord. 72-12-695 § 1: prior code § 12.04.090 (Ord. 487 § 8, 1960))

Any person engaged in making an excavation or street surface improvement pursuant to a permit issued under this chapter, shall at all times while such work is in progress keep the original or a copy of the permit at the site of such excavation or street surface improvement and shall, upon demand, exhibit such permit to the city engineer or any of his inspectors or employees or to any police officer. (Prior code § 12.04.220 (Ord. 487 § 20, 1960))

A. The city engineer may refuse to issue a permit for street surface improvements or an excavation in a public street if

such person has within two years prior to the application therefor violated this chapter by failing to do the following:

1. Remove excess materials and debris within three days after completion of the work;
2. Pay any fees for permits or charges for placing barricades or lights, or both, as provided by this chapter;
3. Remove and replace such work previously constructed by such person, which work does not comply with plans, grades, specifications or the provisions of this chapter pertaining thereto. B. The city engineer may also refuse to issue a permit for street surface improvements in an area where, in the opinion of the city engineer, the area will not have adequate slope for stormwater drainage or the construction of such improvement will endanger the health and welfare of the public. (Prior code § 12.04.120 (Ord. 487 § 22, 1960))

No person shall make an excavation or install or maintain any pipe, conduit, tunnel, or other subsurface installation in or under the surface of any street or other public place at any location other than that described in the permit issued therefor, and the city engineer may require such surveys as may be deemed necessary to insure full compliance with this section. (Prior code § 12.04.080 (Ord. 487 § 7, 1960))

The person to whom an excavation permit has been issued shall maintain the surface of the backfill safe for vehicular traffic and pedestrian travel until the pavement or surfacing has been replaced and accepted by the city engineer, and shall assume full responsibility for all accidents which may occur due to vehicles or pedestrians crossing the site of the excavation until the pavement or surfacing has been replaced. If it is impractical to maintain the surface of the backfill in a safe condition for traffic, then the permittee shall maintain barriers and red lights around it until the pavement or surfacing has been replaced. (Prior code § 12.04.140 (Ord 487 § 13, 1960))

A. All excavations shall be backfilled in a manner satisfactory to the city engineer, who may require trenches to be settled either with water or by tamping, or both. B. In the event an excavation is five feet or more in depth, the permittee shall cause a competent person to be placed at the site of the work, for the purpose of observing backfilling operations in those cases where the operator of a power unit engaging in such backfilling operations is unable to see into the excavation. C. All excavations must be properly backfilled in a workmanlike manner. Backfilling operations shall be commenced as soon as possible, but only after an inspection by the city engineer and his approval has been obtained. D. An excavation made for installation or repair of a service connection shall be completed within three days after the inspection of the connection by the city engineer. E. In all public streets, or other public places, the surface over the trenches and to the side thereof shall, after being backfilled as specified in this section and after settlement has taken place, be finished by permittee in a workmanlike manner and in accordance with specifications to be furnished by the city engineer at the time the permit is issued. F. In all easements, all buildings, fences, shrubbery, lawns, walks, driveways, and other improvements must be replaced or be reconstructed without delay in a workmanlike manner and fully equal to the original improvement. (Prior code § 12.04.130 (Ord. 487 § 9, 1960))

A. Every person making an excavation in a public street or other public place, or installing street surface improvements therein, shall place and maintain at each end of the work and at intervals of not less than fifty feet throughout the length of the work, barriers and lights to protect the public from accidents. Such lights must be lighted between the hours of sunset and sunrise and shall be so placed as to give effective warning to pedestrians and motorists of the existing hazard. B. If such barricades or lights are not so placed and maintained by the person responsible therefor, the city engineer may do so, in which event the cost thereof as determined by the city engineer shall be due and forthwith payable to the city by the person responsible for the conduct of the work. C. Every person who makes an excavation in a public street or place or who installs street surface improvements shall display at a conspicuous place at the side during the entire time the work is in progress a sign stating such person's name. (Prior code § 12.04.200 (Ord. 487 § 18 1960))

After excavations or street surface improvements are commenced, the work shall be diligently and continuously prosecuted until completion thereof so as not to obstruct the street or other public place of travel for a longer period than is actually necessary. (Prior code § 12.04.210 (Ord. 487 § 19, 1960))

Every person who makes or causes to be made any excavation in a public street or place shall remove or cause to be removed from the site debris and excess materials within three days after the completion of the work. (Prior code § 12.04.230 (Ord. 487 § 21, 1960))

A. The street surface excavated shall be replaced under the direction and supervision of the city engineer at the sole cost and expense of the permittee, who shall maintain the same for a period of one year from the date of the completion of the work. B. If the permittee fails to maintain the surface of the street during the one-year period, the city engineer may give to the permittee a five-day notice in writing specifying the manner in which the permittee has failed to maintain street surface and the work necessary to be performed to restore the street. Should the permittee fail or refuse during the five-day period to restore the street, the city engineer, if he deems it advisable, shall have the right to perform all the work necessary to restore the street. The permittee shall be liable for the actual cost of such work plus twenty-five percent for administration and overhead and shall promptly pay the cost thereof upon being presented with a statement therefor. (Prior code § 12.04.150 (Ord. 487 § 11, 1960))

All interferences, including trees, poles, street-lighting systems, parking meters, sewers, storm drain appurtenances and culverts located within the construction area that will interfere with the use of the proposed facility shall be moved and relocated at the expense of the permittee. The permittee shall obtain consent of the owner of the interference for the removal or relocation thereof and shall furnish to the city engineer satisfactory evidence that all necessary arrangements for removal or relocation of such interference prior to the issuance of the permit. (Prior code § 12.04.260 (Ord. 487 § 25, 1960))

A. Every person making any excavation in a public street shall maintain safe crossings for vehicles and pedestrian traffic at all street intersections and safe crossings for pedestrians at intervals not to exceed six hundred feet. If any such excavation is made across a public street, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Such person shall also provide free access to all water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated materials without using part of the adjacent sidewalk, such person shall erect and maintain a tight board fence upon and along such sidewalk and keep a passageway at least three feet in width open and along such sidewalk. B. The excavation work shall be performed in such a manner so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free from piles of materials or other obstructions. (Prior code § 12.04.160 (Ord. 487 § 14, 1960))

Upon completion of any work performed pursuant to any permit issued under the provisions of this chapter, the city engineer shall make a final inspection thereof and, if the same is found to be in accordance with the specifications therefor and in compliance with the provisions of this chapter, the city engineer may be requested to issue a final certificate of acceptance and, if such a request is made, the city engineer shall issue such a certificate in duplicate and the original thereof shall be delivered to the permittee. (Prior code § 12.04.270 (Ord. 487 § 26, 1960))

Every person who owns, controls, or who installs or causes to be installed any pipe, tunnel, or other subsurface facility in a

public street or public place, except a service pipe or pipes, shall file in the office of the city engineer, within sixty days after completion of the installation thereof, a corrected map or set of maps or corrected atlas sheets, each drawn to a scale of not more than two hundred feet to the inch, which shall describe and show the location of all parts of the facility; provided, however, that if the map filed with the city engineer at the time the permit is issued is correct in every detail, such person may make a notation to that effect on the map and such map shall constitute a compliance with this section. (Prior code § 12.04.170 (Ord. 487 § 15, 1960))

Whenever any pipe, conduit, duct, tunnel, or other subsurface installation, except a service pipe or pipes, located under the surface of any public street or other public place, or the use thereof is abandoned or is removed, the person owning, using, controlling, or having any interest therein shall, within sixty days after such abandonment, file in the office of the city engineer a map giving in detail the location of such pipe, conduit, duct, tunnel, or other installation so abandoned; provided, however, that if an accurate map is already on file, the abandonment or removal thereof may be indicated thereon by an appropriate endorsement in lieu of filing a new map. (Prior code § 12.04.180 (Ord. 487 § 16, 1960))

Should a leak occur in any pipeline laid in or near a public street, alley, or way, an excavation may be made for the purpose of repairing the pipeline without first obtaining an excavation permit from the city engineer. However, the person making the excavation shall make application for such a permit as soon as is practicable thereafter and in any event before any backfilling is done. (Ord. 68-2-617 § 1: prior code § 12.04.190 (Ord. 487 § 17, 1960))

A. Whenever the city engineer finds that any street surface improvement or excavation is being constructed contrary to or in violation of any provision of this chapter, or if it comes to the attention of the city engineer that any work authorized by a permit issued pursuant to this chapter is dangerous, unsafe, or a menace to life, health or property, the city engineer shall order the work to be immediately stopped or shall order the alteration of any dangerous or unsafe condition. B. Any such order shall be in writing and shall specify the manner in which the work is dangerous, unsafe, or a menace to life, health or property. C. After receipt of such order, the permittee shall not continue with any street surface improvement or excavation until such work has been made to comply with the provisions of this chapter and the instructions given by the city engineer. (Prior code § 12.04.280 (Ord. 487 § 27, 1960))

A. All work for which a street surface improvement or excavation permit has been issued shall be performed in accordance with the specifications, plans, and profiles referred to in the permit or, in the absence thereof, in accordance with the general requirements of this chapter. Such work shall be performed under the supervision of an inspector appointed by the city engineer, except when the work consists of patching sidewalk or curb, and the patch will not exceed ten linear feet of curb or twenty-five square feet of sidewalk. B. When the construction or installation is ready for inspection, the permittee shall request an inspection by the city engineer and the city engineer shall make such inspection within a reasonable time after such request is made by the permittee. C. The city engineer, in his discretion, may require any work which has been performed without an inspection to be torn out, and he may require the person responsible for the work to furnish laboratory tests or other evidence satisfactory to him that the specifications for the work have been met. (Prior code § 12.04.240 (Ord. 487 § 23 1960))

All materials for sidewalks, driveways, aprons, curbs, gutters, pavement surfacing and resurfacing and other street surface improvements shall be of a mixture of binder and aggregate in accordance with Standard Specifications for Public Improvements in the City, on file in the office of the city engineer. All construction operations and machinery used in the work shall also comply with the requirements of the above-described specifications insofar as the specifications may apply; however, the city engineer may issue special specifications for the work which shall supersede the above-described specifications when, in the opinion of the city engineer, such special specifications are required to properly govern and produce the described results in the work.

(Prior code § 12.04.250 (Ord. 487 § 24, 1960))

The penalty for the violation of any provision of this chapter shall be as prescribed in Chapter 1.16. (Ord. 586 § D (part), 1966: prior code § 12.04.290 (Ord. 487 § 29, 1960))