Sonora Municipal Code § 12.08 Excavations

Footnotes:

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State Law reference— For statutory provisions authorizing cities to require removal of encroachments from public ways, see Gov. Code § 38775; for provisions regarding abandoned excavations, see Gov. Code § 50230 et seq.

The control of excavations, improvements and encroachments within the public right-of- way is essential to protect the public health, safety and welfare in its use of the public right-of-way. In so doing, it is necessary to establish minimum requirements controlling such items as safety, workmanship and insurance responsibilities.

(Ord. 636 (part), 1987: Ord. 482 § 1, 1975.)

For the purpose of this chapter, certain words and phrases are defined, and certain provisions are to be construed as set out in this section unless it is apparent from the context that a different meaning is intended.

"City engineer" means the city engineer of the City of Sonora, acting either directly or through properly authorized agents; providing, such agents are acting within the scope of the particular duties delegated to them.

"Emergency street cut" means any street cut which must be made to repair a defective or broken underground facility, the condition of which facility constitutes an evident and immediate hazard to life, health or property, and it is impractical to secure a permit before work is commenced.

"Encroachment" means the temporary or permanent nonexclusive use of a parking right-of-way or easement under city jurisdiction for parking, driveways and other lawful uses.

"Street cut" means the action of or the result of opening, tearing up, excavating, repairing, installing, adding to, removing or otherwise altering any portion of any public roadway, street, alley, or thoroughfare for any purpose whatsoever.

"Underground facility" means any pipes, conduits, tiles, manholes, valves or pull boxes, vaults, or any other material installed within and below the surface of any public roadway, street, alley, sidewalk, planting strip, thoroughfare or any other public place.

(Ord. 636 (part), 1987; Ord. 482 § 2, 1975.)

It is unlawful for any person, other than the officers, agents, contractors, or employees of the city, to make or cause to be made any street cut, excavation, improvement or encroachment within the public right-of-way in the city without first having obtained a permit therefor as provided in this chapter. Any permit issued for construction under this chapter shall not be assignable to any other person or corporation. Permits issued for nonexclusive use of public right-of-way or easements under city jurisdiction may be assigned subject to the conditions set forth in the permit.

(Ord. 636 (part), 1987: Ord. 482 § 3, 1975.)

A. Every application for a permit shall be made in writing upon forms furnished by the city engineer, and applicants shall furnish thereon such information as is required by said city engineer.

B. On major projects, if requested to do so by the city engineer, applicants shall furnish plans and profiles in duplicate, showing the work to be done, location, limits of work, location of pavements, replacement types, together with such further information as the city engineer shall require.

C. If the street cut is to be made in a state highway, applicant shall comply with all lawful regulations of the Department of Transportation of the state, and procure, from such Department of Transportation, all necessary permits required therefor by the state.

(Ord. 482 § 3, 1975.)

Editor's note— Ord. 482 was adopted with two sections numbered § 3. The first § 3 is codified at § 12.08.030; the second § 3 is codified at § 12.08.040.

Permits required by this chapter shall be secured at least five working days prior to the time the work under such permit is proposed; except, however, where an emergency street cut is to be performed, the applicant shall immediately give prior notice thereof to the police and fire departments of the city, shall secure or make a reasonable effort to secure the consent to such work from the city engineer as soon as reasonably practicable, and shall make application for a permit for such work on the next working day following.

(Ord. 482 § 4, 1975.)

The validity of any permit issued shall be subject to the permit- tee's compliance with all general provisions of this chapter, as well as any special provisions or resolutions specified in this chapter. All permits issued under this chapter shall require that all under- ground facilities be of the quality and be installed in a manner which may be prescribed or required by law. The issuance of a permit does not guarantee to the permittee the exclusive use of any surface area occupied by him.

(Ord. 482 § 5, 1975.)

Every permit issued pursuant to this chapter shall specify a completion date for the work. The city engineer may, for good cause, grant a written extension of time to the permittee, which grant shall extend the validity of said permit to said extended time.

(Ord. 482 § 6, 1975.)

The city engineer has the right to refuse a permit to any person or corporation who is in violation of, or who has failed to comply with, the provisions of this chapter in connection with the permit being applied for, or any permit previously issued except as provided otherwise by this chapter.

(Ord. 482 § 7, 1975.)

The city engineer may, for noncompliance with any of the provisions of this chapter, revoke any permit granted under this chapter.

(Ord. 482 § 8, 1975.)

The permittee shall give notice to the city engineer of the actual time of commencement of any work at least twenty-four hours in advance. Similar notice shall be given to the police department and fire department if required on the permit. If the permittee is a public utility company, the form and frequency of notifications of work to be performed shall be as agreed upon in writing by the city engineer and the utility company. When work on any project ceases for any reason for a period of twenty-four hours or more, the permittee shall notify the city engineer, and the police department and fire department when required, at least twenty-four hours prior to recommending said work.

(Ord. 482 § 9, 1975.)

All work shall be performed in a neat and workmanlike manner and so programmed as to cause a minimum of interference with traffic and inconvenience to the public. Said work shall be coordinated, whenever possible, with other projects in the area to the end that the public convenience is least impaired to the satisfaction of the city engineer.

(Ord. 482 § 10, 1975.)

Permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, watergates, valves, manholes, drainage structures and property that may be required for emergency use. Permittee shall not remove such public service facilities and property, or relocate same, without proper coordination with the authorities charged with control and maintenance of same.

(Ord. 482 § 11, 1975.)

Temporary roadways, driveways, walks and rights-of-way for vehicles and pedestrians shall be constructed where required.

Temporary walkways shall be not less than four feet in width, and shall be designed for uniform live load of one hundred fifty pounds per square foot. Suitable ramps or stairs shall be provided with a handrail not less than three feet high along each side, or with a railing on one side and a fence on the other, as the case may require. Said walkway around said street cut shall be located as close to the area formerly used for pedestrian travel as possible. The permittee shall construct and maintain in good condition such detours, detour bridges, and temporary crossings for public use as are deemed necessary for the proper execution of the work, or when the same are ordered by the city engineer.

(Ord. 482 § 12, 1975.)

The city engineer may grant written permission to close, or cause to be closed for limited periods, city streets, alleys, driveways or areas not under control of the State Department of Transportation, if, in the opinion of the city engineer, the public interest can best be served thereby.

(Ord. 482 § 13, 1975.)

The permittee shall provide and maintain, during the performance of the work, to insure public safety, such fences, barricades, warning and directional signals, flares, lights, watchmen and flagmen, as are or may be required by law or regulation or as may be deemed necessary by the city engineer.

(Ord. 482 § 14, 1975.)

In the event the permittee fails to provide for safety of the public in a manner provided in Section 12.08.150, the city engineer may provide whatever facilities are necessary and charge the permittee a fee for the work involved. The fee shall be in accordance with a schedule of fees, approved by the city council, from time to time, by resolution, and on file in the offices of the city clerk and the city engineer.

(Ord. 482 § 15, 1975.)

On the number of barricades at any single project, there shall be clearly labeled, in letters not less than two inches high, the name of the permittee or his agent. The permittee shall obey and enforce all safety orders, rules and regulations of the Division of Industrial Safety of the state applicable to the work, and the permittee shall comply with all other applicable federal, state and local laws, ordinances, codes, rules and regulations.

(Ord. 482 § 16, 1975.)

If the work is unduly delayed by the permittee, and if the public interests reasonably so demand, the city engineer has the authority, upon written notice to the permittee, to complete the work or any portion thereof or to cause said work to be completed. The actual cost of such work by the city or its contractors, plus an overhead charge as determined by the city engineer, shall be charged to and paid for by the permittee.

(Ord. 482 § 17, 1975.)

A. The permittee shall backfill all trenches and excavations in streets between curb lines in such a manner as to obtain a relative compaction of the entire backfill of not less than ninety percent, as determined by Test Method No. California 216-5 Layer System. If the excavation material will not give the required relative compaction, an imported granular material that will give such relative compaction shall be used. The use of water shall not be permitted if the city engineer determines that the soil will not readily drain and if the adjacent street may become damaged or if the paving may be unduly delayed thereby.

B. In trenches or excavations in unpaved parking strips or sidewalk planting strip areas, backfill shall be compacted to a relative compaction which is at least as great as that of the native undisturbed soil in the area.

C. The city engineer, when he deems it necessary, shall cause tests of the type specified in this section to be made at the expense of the permittee.

(Ord. 636 (part), 1987; Ord. 482 § 18, 1975.)

Except in the case of a major project, upon completion of the backfill, the permittee shall notify the city engineer of such completion. The city engineer, upon receipt of such notice and upon inspection and approval of the work, shall authorize street cuts not in the category of major projects to be paved either by the permittee, the permittee's contractor, or by the city.

(Ord. 636 (part), 1987: Ord. 482 § 19, 1975.)

A. On all projects, street paving shall be performed by a duly licensed contractor employed by the permittee, or by the city at the expense of the permittee, at the discretion of the city engineer. The city engineer may authorize both public and private utilities to do their own street paving. Any street paving performed by the city shall be dependent upon the availability of workmen and shall be at the sole discretion of the city maintenance superintendent.

B. Said paving fees shall be in accordance with a schedule of fees approved by the city council, from time to time by resolution, and on file in the offices of the city clerk and the city engineer.

C. Street paving fees shall be paid at the time the permit is issued except that public utilities or private agencies may make installment payments for paving costs on a schedule approved by the city finance director.

(Ord. 636 (part), 1987: Ord. 482 § 20, 1975.)

Curbs, gutters, sidewalks, sewers, drains, structures, conduits, cables, and all other improvements damaged, disturbed or removed during the progress of the work shall be restored or replaced to as good or better condition than existed prior to work performed by permittee, in accordance with standard specifications of the city, and to the satisfaction of the city engineer.

(Ord. 482 § 21, 1975.)

Any monument of concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property, subdivision, or a precise point or reference point shall not be removed or disturbed without first obtaining permission from the city engineer to do so. Replacement of removed or disturbed monumentation will be at the expense of the permittee.

(Ord. 482 § 22, 1975.)

The city engineer shall determine all questions concerning which alternative methods and materials may be used by permittee, and the decision of the city engineer concerning the same shall be final.

(Ord. 482 § 23, 1975.)

All work done by the permittee shall be inspected by the city, and the permittee shall pay the city for such inspection. Said inspection fees shall be in accordance with a schedule of fees approved by the council, from time to time by resolution, and on file in the offices of the city clerk and the city engineer. Inspection fees shall be paid at the time the permit is issued, except that utility companies may pay on a periodic basis as approved by the city finance director.

(Ord. 636 (part), 1987: Ord. 482 § 24, 1975.)

A. After completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the street resulting from defective work done under the permit. The obligation of the permittee to inspect and repair work done under the permit shall continue for a period of one year, following completion and approval of said work by the city engineer, or in the event of repairs thereto, one year from the date of said repairs.

B. The permittee shall, upon notice from the city engineer, immediately repair any injury or damage to the street occurring as a result of the work done under the permit.

C. In the event such repairs are not made by the permittee within forty-eight hours after notice, the city engineer is authorized to make such repairs and charge, all costs, plus overhead and administrative costs, to the permittee. By acceptance of the permit, the permittee agrees to comply with this section.

(Ord. 482 § 25, 1975.)

A. The permittee shall be responsible for any and all claims and liabilities for damages caused by any of the work permitted in this chapter or caused by permittee's failure to perform his obligations under the permit. In the event any such claim or liability for damages is made against or imposed upon the city or any department, officer, or employee thereof, the permittee shall, by acceptance of the permit, agree to defend, indemnify and hold each of them harmless from any such claim or liability.

The city may require that the permittee provide and keep in force during the life of the permit, a policy of public liability and property damage insurance against liability for personal injury, including accidental death, as well as liability for property damage, which may arise in any way out of the exercise of the rights granted by the permit.

The policy of insurance shall name the city, its agents, officers and employees as additional insureds, as necessary, and shall be in an amount to be determined by the city based upon the nature and extent of liability exposure to the city, its officers, agents and employees after evaluating the nature and extent of the work to be performed pursuant to the permit granted under this chapter.

B. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of the permit and shall contain a provision that such policy may not be cancelled except after ten days' notice in writing to the city clerk.

C. A copy of the policy or certificate of insurance evidencing the insurance coverage shall be filed with the city clerk.

D. Utility companies that are self-insured may substitute for the required public liability and property damage insurance a statement of the fact of such self- insurance and that they accept the responsibilities and liabilities imposed by this section. Such statement shall be in writing and in a form approved by the city attorney.

(Ord. 636 (part), 1987; Ord. 482 § 26, 1975.)

If the permittee fails, in the opinion of the city engineer to comply with the provisions of this chapter or the conditions of any permit, the city engineer may refuse to grant and may withhold issuance of any subsequent permits to permittee until the latter has paid all costs due to the city for prior permits and has posted with the city a cash bond in the sum of one thousand dollars, which bond or any part thereof shall be used as follows:

A. To pay the actual cost of work completed by the city engineer in connection with any permit issued, including overhead costs;

B. To pay the actual cost of work done by the city engineer to repair or restore any public improvements damaged or destroyed by permittee during the course of any operations performed under any permit, including overhead costs;

C. To pay the actual cost of all lighted barricades placed on or about the permittee's work, including overhead costs, and the costs of furnishing by the city of any other safety barricades or warnings in connection with any permit issued.

(Ord. 636 (part), 1987: Ord. 482 § 27, 1975.)

The permittee shall be entitled to a refund in whole or in part, as the case may be, of any cash bond posted with the city pursuant to Section 12.08.280 when all work to be done by permittee under a permit issued prior to or subsequent to posting of said bond has been completed by the permittee and has been approved or completed by the city, from which bond shall first be deducted all amounts due to the city under the terms of said bond and all amounts which may otherwise be due to the city pursuant to the provisions of this chapter.

(Ord. 482 § 28, 1975.)

Any person, firm or corporation which violates the provisions of Section 12.08.030 and any of the provisions of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 1.08.010.

(Ord. 482 § 30, 1975.)