Solvang Municipal Code Ch. 2 Street Construction and Excavations

This chapter shall be known and referred to as the "Street Construction and Excavation Code," and its purpose is to regulate and control all secondary uses of city streets in order to protect and preserve the primary purpose and use of such streets.

(Ord. 86-42, 1986)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

Applicant.

Any person making written application to the city engineer for a permit under this chapter.

Engineer.

The city engineer, and shall include, where appropriate, his or her assistants and deputies.

Excavation.

Any opening in the surface of a street right-of-way made in any manner whatsoever except an opening into a lawful structure below the surface of a street, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the street.

Facility.

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 in this chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any street right-of-way.

Permittee.

Any person who has received a street construction or excavation permit pursuant to this chapter.

Person.

Includes any and all persons and entities, natural or artificial, including, but not limited to, the United States, the state of California and all other states, Santa Barbara County and all other counties, all cities, cities and counties, and all other public bodies, agencies, districts or subdivisions, and all the officers, employees, departments and bureaus of the foregoing, and any other individuals, groups or combinations, whether acting alone, jointly or in combination; provided, however, that the above enumeration shall not include the city engineer nor any departments of the city.

Public Agency.

The United States, or any department or agency thereof, the state of California or any department or agency thereof, any county, city, city and county, municipal corporation, political subdivision, public district or any other public officer or public body.

Substructure.

Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or other similar structure.

(Ord. 86-42, 1986)

It is expressly declared unlawful for any person to do or cause to be done any of the following enumerated things without first obtaining a permit therefor and complying with all conditions thereof and all provisions of this chapter:

A. Excavate or fill in an excavation within a street right-of-way; or

B. Install, maintain, cut into, repair or remove any sidewalks, curbs, gutters or street surfacing, or install, repair or remove any facilities or substructures in, on, over, or under any street right-of-way. This section shall not apply to telephone and power poles, associated anchors and guy wires located behind existing curbs, in alleys or where no curb is provided. Any present right which exists prior to the date upon which the portion of the street affected becomes a public city street shall not be impaired, diminished or affected in any way by the permit requirements of this and other sections of this chapter.

(Ord. 86-42, 1986)

A. Contents.

1. Applications for a permit for performance of any of the acts described in section 8-2A-3 of this chapter shall be made in writing, upon forms furnished by the city and approved by the city engineer. The forms shall be filed with the city and shall set out the following in detail, where applicable.

a. Name and residence or business address of applicant;

b. Location, dimensions, purpose, extent and nature of the proposed improvement, excavation, fill or obstruction and the facilities or substructures to be installed, repaired or removed;

c. Such other information as may be required by the city engineer.

2. Where one particular project will combine two or more of the acts described in section 8-2A-3 of this chapter a single application may, in the discretion of the city engineer, be made by the owner or by his or her agent duly authorized in writing, who shall set out the owner's names above his or her own. This application, when approved and signed by the city engineer, shall constitute the permit required under this chapter.

B. Required Plats.

1. With each application for a permit under this chapter, the city engineer may, in his or her discretion, require applicant to file a plat in triplicate, showing and designating by name, the street or streets which will be affected by such excavation, fill or obstructions, etc., together with the exact proposed location or locations and dimensions thereof as well as any other details required by the city engineer.

2. This subsection shall not apply to excavations solely for making or maintaining service connections or for locating troubles or breaks in conduits, lines or pipes and repairing same.

C. Required Plans. If, in the opinion of the city engineer, the work proposed to be done by any applicant requires the making of plans, the city engineer may require the application to be accompanied by such plans, and may require that such plans shall be prepared by a licensed surveyor or registered civil engineer.

D. Proof of Right to Use Street. The city engineer may require each applicant to file proof of applicant's right to use the street for the purposes set forth in the application.

(Ord. 86-42, 1986)

A. With each application for a permit under this chapter, the applicant shall deposit cash, certified check, cashiers check, negotiable securities of the kind approved to secure public monies, or post a bond in an amount that the city engineer deems adequate as calculated by the city engineer to be sufficient to cover all fees required under this chapter, and to ensure complete restoration of the surface of the street or streets to a condition as good as it was in prior to commencing the acts permitted under this chapter. If a bond is posted, it shall be certifying to the city in amount and shall inure to the benefit of the city and be conditioned upon payment of all fees and other charges required by this chapter and full and complete repair and restoration of the street or streets affected to a condition equal to or better than they were in prior to commencement of the acts permitted under this chapter. Such bond shall further be subject to the approval of the city engineer and city attorney as to form and sufficiency.

B. In the event that a portion of any project, for which a permit is required under this chapter, shall have been permitted under any other portion of this code or any other ordinance, and any of the securities enumerated in the foregoing subsection A of this section have been given therefor, and which under its terms may be applied to the proposed project, the city engineer may, in his or her discretion, accept such security as complying in full or in part with the requirements of this chapter and waive the security required under this chapter in full or in part.

C. In lieu of giving of such security with each application for a permit under this chapter the city engineer may, in his or her discretion, permit an applicant to make and maintain a continuing deposit of security in the amount of at least $5,000. If, in the opinion of the city engineer, the amount of work being performed or to be performed by an applicant shall require a greater amount of security, the city engineer may require an appropriate increase in such amount. In the case of applicants defined as a public utility by the Public Utility Commission of the state, or if not so defined as a public utility, but performing services of a public utility or quasi-public utility nature, and in the case of applicants which are public agencies, and which in such cases have assets in excess of $250,000, no security shall be required to be deposited under this chapter, unless the city engineer shall, for good cause, make a written demand for deposit of security by such applicant.

(Ord. 86-42, 1986)

The applicant shall sign a statement on each application agreeing to save and hold harmless the city and each and every officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property arising out of or connected in any way with any work done by applicant under any permit granted under this chapter.

(Ord. 86-42, 1986)

The applicant shall pay a fee as set by resolution of the city council to cover the cost of processing the application and issuing a permit under this chapter. This section shall not apply to the United States, the state or the county. Permit fees may be waived by the city engineer where a permit is required under this chapter for work to be done in connection with or as a result of a city project.

(Ord. 86-42, 1986)

A. Subject to Changes—Notice. Any permit issued under this chapter shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the protection of the streets or to prevent undue interference with traffic or to protect both persons and property within, upon or adjacent to such streets from damage or danger. In the case of changes or limitations or conditions to be made or imposed by the city engineer after a permit is issued under this chapter, the city engineer shall notify the permittee thereof, in writing, either by mail to the address set forth in the application or by personal service upon the permittee. Such change or new limitation or condition shall be effective 24 hours after deposit in the United States mail or immediately upon personal service.

B. Permit Nontransferable. Permits issued pursuant to this chapter are not transferable.

C. Display of Permit. The permit or a true copy thereof signed by the city engineer shall be available at the job site at all times while the work is in process and until accepted by the city engineer as fully completed.

D. Annual Permits. The city engineer may issue annual permits for service connections or for other routine minor work performed by owners or employees and not exceeding $500 cost for any separate project. The permit shall become effective and be exercised by written notice given to the city engineer not less than 24 hours before work is to be commenced thereunder.

(Ord. 86-42, 1986)

A. The city engineer may refuse to issue permits and may revoke any outstanding permits issued or any portion thereof, where the work has not been started, when the work authorized by the permit or any portion thereof is included in the proposed work to be done by any existing assessment district or by any proposed assessment district for which formation proceedings have been instituted by the city council. Upon such partial or complete revocation of a permit, all or a pro rata portion, as the case may be, of the cash deposit or other security of applicant, shall be returned or all or a pro rata portion, as the case may be, of any bond posted shall be exonerated, provided all fees and charges due have been first paid in full. The city engineer shall revoke any outstanding permit when the permittee is in material default of the terms and conditions of the permit or this chapter.

B. The city engineer shall not issue any permit under this chapter while the applicant is in default of any terms or conditions of any prior excavation permit issued by the city engineer. If there is a question of fact as to the applicant's compliance with any permit issued prior to the permit in question, the applicant may apply to the city council for a review of the city engineer's denial of the permit. If the city council shall find as a matter of fact that the applicant is not in default under any prior permits, it may order the issuance of a permit to the applicant.

(Ord. 86-42, 1986)

A. Plan Checking, Inspection and Testing. All plan checking, inspection and testing fees shall be charged in accordance with the current rate schedule adopted by the city council.

B. Restoration Costs for Bonds. Restoration costs for bonds shall be established by resolution of city council.

C. Additional Charges. If in the course of the work being done under the permit or permits, additional inspections or additional replacement charges over and above the amount of the initial security become necessary, or in the case of continuing security the amount becomes insufficient to cover fees and charges for work in progress, the city engineer may require that additional fees or security be furnished by the permittee. Failure to promptly furnish the same upon request shall be grounds to revoke or suspend the permit or permits as provided in section 8-2A-7(B) of this chapter and order all work being done thereunder to be stopped as provided in section 8-2A-7(D) of this chapter.

D. Restoration Cost Borne by Permittee. Where work has been done under a permit issued pursuant to this chapter, the actual cost of restoring the area to the condition that it was in before the work was commenced shall be borne by the permittee. This subsection shall be applicable to all persons and public agencies as defined in this chapter and all persons and public agencies shall furnish security for the completion of such work as provided in this chapter.

E. Collection. All unpaid fees and charges made under this chapter may be deducted from cash deposits (where deposits are required) and the balance, if any, returned to permittee, except in the case of continuing cash deposits, upon completion of the work permitted under this chapter and approval thereof by the city engineer; provided, however, that where the deposit required under subsection B of this section exceeds an amount determined by resolution of city council, one-third of the cash deposit for replacement charges shall be retained for 12 months after completion of the work. In all cases where cash deposits are not made, all unpaid fees and charges shall be billed to the permittee.

F. Remedies for Failure to Pay. In the event any applicant shall fail to pay any fees or charges due under this chapter, when charged for same, the city engineer may in his or her discretion proceed against the surety for applicant or any bond or bonds or any other security provided for in section 8-2A-3-2 of this chapter posted by applicant, to collect such fees or charges, or may elect to bring an action at law in any court of appropriate jurisdiction to collect such charges or fees from applicant without the necessity of bringing action against such surety. The city engineer may in addition refuse to issue any new permits to an applicant with unpaid fees or charges due on any job.

G. Deposit of Funds. Fees for applications for and issuance of permits, for inspection costs, and other charges may be deposited in a single fund from which disbursements are made.

(Ord. 86-42, 1986; Ord. 23-0373, §§ 31, 32)

A. Purpose. To implement the objectives of the circulation element of the city's proposed general plan and to mitigate the adverse traffic impacts caused by new development in the city, certain public road facilities must be improved, extended and/or constructed. In particular, the city must make certain capital improvements related to streets, including, without limitation, curbs, sidewalks and related structures, bridges, traffic control, drainage and similar activities and facilities that serve public transportation (collectively, "traffic facilities"). The city council has determined that a development impact fee is necessary to finance such traffic facilities and to pay for each development's fair share of the construction costs of such traffic facilities. In establishing the road improvement fee, the city council has found such fee to be consistent with its proposed general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee in relation to the city's housing needs as established in the housing element of the proposed general plan.

B. Fee Established. The city council hereby creates and establishes a road improvement fee on the earlier of: (1) the issuance of a building permit; or (2) the approval of a given development's development plan and/or tentative map or parcel map for new development in the city to pay for traffic facilities to improve and increase street capacity to accommodate additional traffic generated by new development. The city council shall, in a city council resolution: (1) set forth the specific amount of the fee; (2) describe the benefit and impact area on which the fee is imposed; (3) describe the specific traffic facilities to be financed; (4) describe the estimated cost of such traffic facilities; (5) describe the reasonable relationship between the fee and the various types of new developments; and (6) set forth the time for payment of the fee. Each developer shall pay the road improvement fee prior to the issuance of a certificate of occupancy for the commercial or industrial project, or the respective dwelling units in a residential project. The city council shall review the road improvement fee on an annual basis to: (1) identify the purpose to which the road improvement fee is to be put; and (2) determine whether there is a reasonable relationship between the fee and the purpose for which it was charged.

C. Accounting; Use of Fees. Pursuant to Government Code section 66006, the city council directs that all road improvement fees collected shall be maintained in an account separate from the city's general fund. The city shall use the fees in such account, along with any interest earnings only to:

1. Pay for the city's future construction of the traffic facilities described in the resolution enacted pursuant to subsection B of this section, or to reimburse the city for those traffic facilities constructed by the city with funds advanced by the city from other sources; or

2. Reimburse developers who have been required or permitted by subsection D of this section, to install traffic facilities that are in excess of those needed for the impact of that development.

D. Developer Construction of Facilities. Whenever: (1) a developer is required, as a condition of approval of a development permit, to construct traffic facilities described in the resolution enacted pursuant to subsection B of this section, which facilities are determined by the city to be in excess of those needed for the impact of that development; and (2) when such construction is necessary to ensure efficient and timely construction of the traffic facilities network, the city shall offer a reimbursement agreement with the developer and a credit against the road improvement fee that otherwise would be charged on the development project pursuant to this section. The reimbursement amount shall not include any sums necessary to provide services or mitigate the need for the facility or the burdens created by the development.

E. Fee Adjustments. A developer of any project subject to the road improvement fee may apply to the city council for a reduction or adjustment to, or a waiver of, that fee, based upon the absence of any reasonable relationship or nexus between the traffic impacts of the development and either: (1) the amount of the fee charged; or (2) the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver. The city council shall consider the application at the later of: (1) the public hearing on the permit application; or (2) a separate hearing held within 60 days after the filing of the fee adjustment application. The city council's decision shall be final. If the city council grants a reduction, adjustment, or waiver, any change in use within the project shall invalidate such reduction, adjustment or waiver.

(Ord. 88-91, 1988)

A. The city has prepared a set of standard construction details, which include, but are not limited to, general specifications, drainage details, curb, driveway, sidewalk and access ramp details, typical street section, water system details and sanitary sewer system details. The standard construction details shall be adopted by resolution of the city council and available for purchase or review in the city clerk's office.

B. All improvement plans for projects within the city, including, but not limited to, grading, water, sewer, streets and other surface and subsurface structures, shall be prepared based upon and incorporate the standard construction details as prepared by the city.

(Ord. 93-145, 1993)

The terms of this chapter shall apply to work on, in or in connection with streets in any subdivision or subdivided lands, as the same are defined by law, provided that the requirements of title 12 of this code and any regulations, resolutions and orders of the city council relating to subdivisions shall govern all bonds and inspection fees on work done in or in connection with a subdivision.

(Ord. 86-42, 1986)

A. Compliance With Plans and Specifications. The permittee shall perform all work in accordance with plans, if plans are made, and specifications referred to in the permit to the satisfaction of the city engineer.

B. Time Limits for Completion of Work. Except in the case of annual permits, every permittee shall commence the proposed work within 30 days after the granting of the permit or within such other time from 30 days minimum to 60 days maximum as the city engineer shall specify; and thereafter shall prosecute the work to completion in a diligent and workmanlike manner and restore streets to their original or better condition or as near as may be possible thereto. The city engineer may, for good cause, excuse delay in commencement or completion of such work. In the event of unexcused delay or failure to commence, carry out or complete such work in the manner provided in this chapter, the city engineer may, in addition to any other remedies he or she may have, terminate or suspend such permit by notice in writing effective immediately upon personal delivery to permittee or his or her agent, or 24 hours after being deposited in the United States mail, addressed to permittee at the address shown on the application for permit, except that the city engineer may elect to have the work completed and the cost thereof charged to the permittee. Thereafter, no work shall be done under such permit unless and until it is reinstated by the city engineer.

C. Changes in Work—Notice. The permittee shall notify the city engineer in writing of any proposed deviations or changes in the work to be done under any permit and shall not proceed therewith until he or she has obtained both the written consent of the city engineer to any such deviation or change and the written signed and acknowledged consent to such deviation or change of any surety company whose bond or bonds are posted in connection with such work.

D. Stop Work Orders. In addition to any other remedies or rights the city engineer may have, he or she may issue a stop order upon violation of any of the provisions of this chapter or revocation or suspension of any permit granted under this chapter. Such stop order shall be in writing and shall be effective immediately upon personal delivery to the person in charge of the work at the project sites. Upon such delivery of such stop order, all further work shall be immediately stopped, other than such work as is immediately necessary for the preservation of life or property, and shall not be recommenced until written permission therefor is granted by the city engineer.

E. Noise, Dust and Debris. Each permittee shall conduct and carry out work permitted under this chapter in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the work, noise, dust and unsightly debris. During the hours of ten (10:00) p.m. to seven (7:00) a.m. the permittee shall not use, except with the express written permission of the engineer, or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

F. Drainage Maintenance. The permittee shall maintain all gutters 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. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Ord. 86-42, 1986)

A. Stages of Completion Requirements. The city engineer may require, in any permit issued by him or her under this chapter, that permittee give written or oral notice of the accomplishment of specified stages in the completion of the work to be done in order to permit inspection thereof by the city engineer. In the event the city engineer makes such requirements in the permit, permittee shall do no further work which would hinder or prevent a complete inspection of such completed stage of the work to be done, until such inspection has been made and the stage completed, approved by the city engineer, and if such work shall have been done prior to such inspection, permittee shall take all steps and do all work necessary to permit a full and complete inspection upon demand of the person charged by the city engineer with the duty of making such inspections.

B. Interference Prohibited. No person shall prevent or obstruct an officer or employee of the city in making an inspection pursuant to this chapter, nor in taking any sample or making any test.

(Ord. 86-42, 1986)

A. Stake Setting Requirements. If, in the opinion of the city engineer, the work proposed to be done by applicant requires the setting of stakes, the city engineer may require applicant to set, or cause to be set, such stakes as in the opinion of the city engineer are necessary or expedient under the circumstances. Where the engineer deems that drainage or other factors are critical, the city engineer may have such stakes set and may make a reasonable charge to applicant to cover the costs of setting such stakes.

B. Disturbing Monuments and Markers. Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark with the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the city engineer to do so. Before monuments, reference points and bench marks are disturbed, or removed, they shall be tied out by a licensed surveyor or registered civil engineer or under the directions of same. After completion of the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee.

(Ord. 86-42, 1986)

A. Closure of Streets—Notice.

1. The permittee shall take appropriate measures to assure that during the performance of the work, traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the abutting property and to the general public; provided, that the city engineer may permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her if, in his or her opinion, it is necessary.

2. The city engineer may require that the permittee give notification to specified interested persons before commencement of the work.

B. Maintenance of Traffic and Pedestrian Crossings. The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any street right-of-way, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least 1/2 of the sidewalk width shall be maintained along such sidewalk line.

C. Property Protection Measures—Removal of Parking Vegetation.

1. The permittee shall at all times and at his or her or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose.

2. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to any streets or other public or private property, real and personal, resulting from its failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and shall be replaced or the area shall be reseeded where cutting and replacing sod is impractical, after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as close as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the city engineer or other city official having control of such property.

D. Protective Measures and Devices.

1. It shall be the duty of every person cutting or making an excavation in or upon any street right-of-way to place and maintain such barriers and warning devices necessary for safety as specified by the state division of highways' publication "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways" and any revisions, supplements or replacements thereof.

2. Barriers shall meet the requirements of the city engineer. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. Lanterns shall be kerosene or a similar fluid. Burning lanterns shall have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources.

(Ord. 86-42, 1986)

A. Clearance for Vital Facilities. The excavation work shall be performed and conducted so as not to unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures and all other vital facilities. The city engineer may prescribe specific conditions or exceptions in writing relating to such vital facilities.

B. Protection and Relocation—Liability. The permittee shall not move, alter temporarily, relocate, change or interfere with any existing facility without the consent of the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner (unless the owner shall otherwise specify in writing). No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The permittee (or any other person specified by the owner in writing) shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other facilities which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work to the satisfaction of the owner of such facilities. In case any of such pipes, conduits, poles, wires or other facilities should be damaged, (and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility) they shall be repaired by the agency or person owning them (or other person specified by the owner in writing) and the expense of such repairs shall be charged to and paid by the permittee. The permittee by the acceptance of the permit agrees to assume all liability for damage to facilities and any resulting damage or injury to anyone. The city shall not be made a party to any action because of the issuance of any permit or the work or supervision done thereunder. By the acceptance of the permit, the permittee agrees to hold the city harmless from any and all claims for any and all things done or omitted to be done under the permit or under color of the permit or any and all work contemplated thereby. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.

(Ord. 86-42, 1986)

A. Permit on Agreement to Relocate.

1. Every application shall contain a statement, signed by the permittee, that if any facilities placed in the excavation or obstruction for which the application is granted and approved as a permit, shall become incompatible with future travel by the general public, or any other use by the city, then the permittee or its assigns or successor's will, at its own expense, either remove such facilities in cases where such removal is necessary, or in cases where the use thereof has been or is to be abandoned, or in other cases, permittee or its successors or assigns, will at its own expense relocate such facilities at a location designated by the city engineer. Unless directed other by the city engineer, permittee shall, after either such removal or such relocation, fill in all excavations and restore the surface of the street right-of-way to a condition equal to or better than it was in before such removal or relocation.

2. Permittee, its successors or assigns, must complete such removal or relocation within a reasonable time specified by the city engineer. If permittee, its successors or assigns, fails to comply with the demand, the city engineer may perform, or cause to be performed, the removal or relocation work and recover the cost thereof (together with all costs and expenses of such action, including reasonable attorney fees from the permittee, its successors or assigns, by action in a court of competent jurisdiction. Permittee may, by agreement in writing with the city engineer (and at the sole discretion of the city engineer), arrange for necessary removal or relocation of facilities by the city, reimbursement of the cost thereof to be made to the city upon completion of such removal or relocation.

B. Special Agreements With Public Agencies. Subsection A of this section, insofar as it applies to the cost of removal or relocation of facilities and the statement on the application concerning such removal or relocation of facilities, shall not apply to any public agency as permittee or otherwise which shall have entered into an agreement in writing with the city governing payment of the cost of removal or relocation of facilities and equipment but instead the provisions of such agreement shall regulate and control payment of the cost of such removal or relocation.

(Ord. 86-42, 1986)

A. If in his or her judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest require that work permitted under this chapter be performed as emergency work, the city engineer shall have full power to order that a crew and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.

B. Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the city engineer for such a permit on the first working day after such work is commenced.

(Ord. 86-42, 1986)

A. Notice. Upon completion of any work or act for which a permit has been granted, the permittee shall notify the city engineer in writing on a form prescribed by the city engineer.

B. Certificate of Acceptance. After acceptance of the work by the city engineer as fully completed in accordance with the conditions of the permit and all of the provisions of this chapter and any other applicable laws, permittee may request that the city engineer issue a certificate of acceptance. Upon such request, the city engineer shall issue the certificate of acceptance which shall contain a statement of the location, nature and extent of such work so completed under the permit. Such certificate of acceptance shall not release permittee from the 12 month requirements of section 8-2A-4(E) and section 8-2A1-6 of this chapter.

(Ord. 86-42, 1986)

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which permit is issued under this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any work permitted under this chapter.

(Ord. 86-42, 1986)

Every person is guilty of a misdemeanor who violates any provision of this chapter or any condition of any permit issued under this chapter.

(Ord. 86-42, 1986)

Article A1. Excavations

§ 8-2A1-1. Breaking through pavements.

A. Heavy duty pavement breakers may be prohibited by the city engineer when the use endangers existing substructures or other property.

B. Saw cutting of Portland cement concrete may be required by the city engineer. The depths of the cut shall be not less than one inch in depth, and greater depth of cut may be required by the city engineer. Saw cutting may be required by the city engineer outside of the limits of the excavation over caveouts, overbreaks and small floating sections.

C. Approved cutting of bituminous pavement surface ahead of excavations may be required by the city engineer to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or saw-cut edge.

E. Unstable pavement shall be removed over caveouts and overbreaks and the subgrade shall be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trench line. Boring or other method to prevent cutting of pavement may be required by the city engineer.

H. Permittee shall not be required to repair damage existing prior to excavation unless his or her cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.

(Ord. 86-42, 1986)

§ 8-2A1-2. Trenching—Care of excavated materials.

A. Excavated Materials. All material excavated from trenches and piled adjacent to the trench in any street shall be laid compactly along the side of the trench and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the street and so that as little inconvenience as possible is caused to those using streets and adjoining property. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the city engineer to prevent spreading of dirt into traffic lanes. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the city engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

B. Conform to Safety Requirements. All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with "Trench and Tunnel Construction Safety Orders of the State of California," as they now or may hereafter exist.

C. Maximum Lengths. The maximum length of open trench permissible at any time shall be as specified by the city engineer and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without first obtaining the written permission of the city engineer.

(Ord. 86-42, 1986)

§ 8-2A1-3. Cleanup requirements—Liability.

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time, as may be ordered by the city engineer, and, in any event, immediately after completion of such work, the permittee shall, at his or her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from work, and upon failure to do so within 24 hours after having been notified to do so by the city engineer, such work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the cash deposit or surety bond provided under this chapter.

(Ord. 86-42, 1986)

§ 8-2A1-4. Depth of structures.

No person shall, without written permission of the city engineer, install any substructure, except manholes, vaults, valve casings, culverts, and catchbasins at a distance less than the following distances:

A. In Paved Streets. Twenty-four inches below the established flow line of the gutter. If said flow line is not established, then the depths shall be at a minimum of 24 inches below the surface of the outermost edge of the traveled portion of the street.

B. In Parkway.

1. The minimum depth of any substructure shall be 16 inches below established gutter grade when such substructure parallels the parkway.

2. The minimum depth of any substructure shall be 12 inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.

C. In Other Streets. The minimum depth of any substructure shall be 12 inches below the surface; provided, however, that the city engineer may permit a lesser depth.

(Ord. 86-42, 1986)

§ 8-2A1-5. Backfilling standards and specifications.

Fine material, free from lumps and stone, selected from the soil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the method of consolidation being used. Broken pavement, large stone, roots and other debris shall not be used in the backfill. Each lift shall be mechanically compacted, flooded, jetted or ponded, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. Backfill material having a sand equivalent of less than 10% shall not be flooded, jetted or ponded. Such backfill shall be placed in lifts not to exceed eight inches in thickness when compacted with pneumatic tampers or placed in lifts not to exceed four feet when compacted with a hydra hammer. Backfill material having a sand equivalent greater than 10% may be flooded, jetted or ponded except that no flooding, jetting or ponding shall be allowed within 30 inches of finish grade, a less specific approval for such is received from the city engineer. All backfill shall be done in a manner that will permit the restoration of the surface to a condition equal or superior to that which existed at the time of excavation. The city engineer may require soil tests to be taken by the city's soil testing laboratory, when, in his or her opinion, backfill or any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the city engineer. All expense of such tests shall be borne by the permittee.

(Ord. 86-42, 1986)

§ 8-2A1-6. Surface restoration requirements.

A. Permanent resurfacing of excavations may be required where the type of consolidation used in replacing the backfill is adequate, in the opinion of the city engineer to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided prior to placement by permittee of permanent resurfacing. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch of bituminous material. Such temporary paving material shall be cool mix, except that the permittee may use, or the city engineer may require, hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding 90 days after all backfilling is completed, unless additional time is required by the city engineer, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required herein. The temporary paving shall be replaced at the sole cost and expense of the permittee by permanent paving pursuant to section 8-2A1-7 of this article, equal to or better than the original paving at the time required by the city engineer.

B. Acceptance or approval of any excavation work by the city engineer shall not prevent the city from asserting a claim against the permittee and his or her or its surety under the surety bond required under this chapter for incomplete or defective work if discovered within 12 months from and after the completion of the excavation work. The city engineer's presence during the performance of any excavation work shall not relieve the permittee of the responsibilities under this chapter.

(Ord. 86-42, 1986)

§ 8-2A1-7. Final surface restoration requirements.

Upon completion of the backfilling, (including temporary resurfacing when required) of an excavation within a right-of-way for the installation or removal of substructures, the city engineer, at his or her option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this chapter, subject to the city engineer's inspection, and shall be completed within a period of 90 days after such authorization to complete final resurfacing. Where required in the interest of public safety, the engineer may elect to do such resurfacing with city forces, or by contract with others, in which event, the cost of such resurfacing shall be borne solely by the permittee.

A. Subgrades shall be restored to that existing prior to the excavation or in accordance with standards for the construction of new paved streets used by the city.

B. Portland cement concrete used in the repair of trenches shall not have a slump in excess of two inches.

C. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than five inches. Bituminous pavement shall be replaced at the same thickness as the existing pavement, unless otherwise required by the city engineer. All bituminous pavement replaced shall be given a fog-seal coat.

D. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than four inches and shall match the color and texture of the adjoining sidewalk.

E. Expansion joints in Portland cement patches shall be matched with saw-cut lines.

F. Portland cement shall be finished to match the texture of that of the adjoining pavement.

G. Concrete shall be compacted by tamping, rodding or mechanical vibration.

H. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous-type pavement.

I. Chip-seal coats may be required by the city engineer when the street has been chip-sealed or when it is a general practice to chip-seal bituminous-type pavement.

(Ord. 86-42, 1986)

Article B. Sidewalk and Street Edge Maintenance and Improvement

The provisions codified in this article are adopted to implement and supplement the Streets and Highways Code as it exists as of the adoption hereof from which this article derives and as it may be amended from time to time.

(Ord. 01-213, 2001)

Except as specifically excluded by the Streets and Highways Code, or this article, the provisions of this article shall apply to any work on streets and sidewalks within the public right-of-way within the incorporated area of the city.

(Ord. 01-213, 2001)

Whenever any words or phrases used in this article are not defined in this section but are defined in the Streets and Highways Code such definitions are incorporated in this article and shall apply as though set forth in full in this article. The following words and phrases shall have the meanings respectively ascribed to them:

Any Single Lot or Parcel of Land.

Any lot or parcel of property or any group of contiguous lots or parcels of real property which serve one residence or one business or industrial establishment, regardless of the fact that the several lots or parcels are owned by, or under lease to, different persons.

City Public Works Department Plans and Specifications.

The city's standard plans and specifications that are on file in the office of the director of public works and are used for construction of such items including, but not limited to, concrete curbs, gutters, driveways and sidewalks, street paving, streetlights, water, storm drains and sewer lines and tree wells. Periodic revisions are made on these standard plans and specifications from time to time as the need arises and copies are available for purchase from the office of the director of public works.

Permit.

The public improvement/encroachment permit required for construction or reconstruction of public improvements and/or encroachment work authorized by section 8-2A-3 of this chapter. "Public improvements" includes, but is not necessarily limited to, concrete curbs, gutters, driveways and sidewalks, street paving, streetlights, water, storm drains, and sewer lines and tree wells. Provisions of the encroachment ordinance provide for fees contained therein.

Streets and Highways Code.

The provisions of the California Streets and Highways Code, division seven, and such amendments and additions as may have been made to those provisions.

Street Superintendent.

The director of public works or in the absence of the director the city manager or designee.

Width of Driveway.

The width of such driveway at the top of the curb and not the width of such driveway at street or gutter level.

(Ord. 01-213, 2001)

The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including, but not limited to, sidewalks, parkways, curbs and gutters and driveways located in public rights-of-way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this article and chapter 22, of part 3, division 7 of the Streets and Highways Code.

(Ord. 01-213, 2001)

A. Notice to Repair. When any portion of a sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience it is hereby declared a nuisance as defined in section 5-1-3 of this code. The superintendent of streets may notify the owner or person in possession of the property fronting on that portion of such sidewalk to repair the sidewalk according to the city's standard plans and specifications.

B. Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering a written notice personally to the owner or to the person in possession of the property out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his/her last known address as the same appears on the last assessment rolls in the records of the county clerk.

C. Posting of Notice. The postal card shall contain a notice to repair the property out of repair, and the superintendent of streets shall immediately upon the mailing of the notice, cause a copy of it printed on a card not less than eight inches by 10 inches in size to be posted in a conspicuous place on the property.

D. Contents of Notice. The notice shall specify: (1) what work is required to be done; (2) how it is to be done; (3) what materials shall be used in the repair and shall further specify; (4) that if the repair is not diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost shall be an obligation of abutting property owners so notified and such cost may be a lien on the property. In lieu of posting a copy of the mailed notice on the property, the superintendent of streets may, not less than seven days nor more than 10 after mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card was addressed. The second notice shall contain the material required by this article, but shall not extend the time for commencing repairs.

(Ord. 01-213, 2001)

If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets may forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk or the private roadway so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have the power to prescribe the form of the written request. The cost of the repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this article, subsequent notices are given, hearings held and assessment and collection procedures are conducted.

(Ord. 01-213, 2001)

A. Upon the completion of repair, the superintendent of streets shall cause notice of the cost of repair to be given in the manner specified in this article for the giving of the first notice to repair, which notice shall specify the day, hour and place where the city council shall hear and pass upon a report by the superintendent of streets of the cost of repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of repair and any other interested person.

B. Upon the completion of repair, the superintendent of streets shall prepare and file with the city clerk a report specifying the repairs which have been made, the cost of the repairs, a description of the real property or properties in front of which repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.

C. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the city council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearings from time to time. The decisions of the city council on all reports, protests and objections which may be made shall be final and conclusive.

(Ord. 01-213, 2001)

A. The cost of repair may be assessed by the city council against the parcel of the parcel or parcels of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

B. The superintendent of streets may file in the office of the county recorder of Santa Barbara County, a certificate in the form prescribed by Streets and Highways Code section 5626 as it exists today, or as modified in the future. Alternatively the superintendent may pursue recovery of the assessed costs, which are hereby declared a personal obligation of the abutting owner, in a civil court of competent jurisdiction.

C. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel.

(Ord. 01-213, 2001)

As an alternative method of collection of the amount of the lien, the city council, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.

(Ord. 01-213, 2001)

This article constitutes a separate and alternate procedure for performing the work specified herein. It is not the exclusive method of the city to require repairs nor for collection of the cost of those repairs. The enforcement officer may, at the request of the superintendent of streets, initiate and complete proceedings to abate such nuisances as provided for in title 5, chapter 1 of this code.

(Ord. 01-213, 2001)

A. It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the superintendent of streets. Any person who fails to comply with the notice and finish repairs within 60 days of the mailing of a first notice to repair is guilty of an infraction and may be punished by a fine not to exceed the maximum amount allowed by law for an infraction.

B. Nothing herein shall prevail or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but not be limited to, an action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this article are cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this article to the full extent allowed by law.

(Ord. 01-213, 2001)