South Pasadena Municipal Code Art. II Excavations and Laying or Repairing Sidewalks

• For state law as to construction of sidewalks under Improvement Act of 1911, see Sts. & H.C., §§ 5870 to 5884.

The word “street” as used in this article, unless a contrary intent is evidenced by the context, shall be deemed to include any avenue, drive, alley, sidewalk or other public way in the city.

The word “works” means any pipe, conduit, duct, tunnel, pole or other fixture or appliance of any public or private utility, the installation, removal or repair of which necessitates any disturbance of the street surface. (Ord. No. 413, § 1.)

It is unlawful for any person to make or cause to be made any excavation in the surface of any street for any purpose or to lay or repair any sidewalk, or cause the same to be done, without first obtaining a permit so to do from the city engineer. (Ord. No. 1162, § 1.)

In no case shall tunneling be permitted under a permit issued under this article except under conditions prescribed by the city engineer. (Ord. No. 1162, § 4.)

All materials excavated as authorized by a permit under this article shall be laid compactly alongside the trench and kept trimmed up so as to cause as little inconvenience as possible to traffic. (Ord. No. 413, § 7.)

All gutters shall be maintained free and unobstructed for at least one foot in width from the face of the adjacent curb during the process of work performed as authorized by this article. (Ord. No. 413, § 7.)

If requested by the city engineer, an applicant for a permit under this article shall file with the engineer a statement and plat. Such statement shall contain the applicant’s name and residence or business address and shall state, in detail, the location and area of each excavation or repair intended to be made and the purpose for which it is to be made. Such statement shall also contain a designation of a person living or having a place of business in the city upon whom any notice provided for in this article may be served, and an agreement that service of notice upon the person thus designated, either personally or by leaving the same at his residence or place of business in the city, shall constitute notice to the applicant. The statement shall be upon or accompanied by a plat showing the location of such proposed excavation. The city engineer may, as a matter of convenience require that such plats be of uniform size and material and, except where excavations proposed to be made extend for more than one block, require the use of forms of plats prepared and furnished by him and that the statement be written or made upon such plat. (Ord. No. 1162, §§ 1, 2.)

It is unlawful for any person to make or cause or permit to be made any excavation, or to install, set or maintain, or cause to be installed, set or maintained, any works or any sewer in, along or under the surface of any street at any location other than that described in the statement and shown on the plat filed in accord with Section 31.12. (Ord. No. 413, § 4.)

The city council shall establish by resolution fees to be paid to the city for inspection of drive approaches, sidewalks, sewers, curbs and gutters, drains, and other excavations within the public right-of-way or easements. Each fee shall be paid to the public works department before a permit under this article is issued. In the event that work has begun before a permit is issued, all fees after the basic permit shall be doubled. Permits issued under this section shall expire sixty days from the date of issue, unless work is commenced within the time limit. (Ord. No. 1162, § 3; Ord. No. 1528, § 1; Ord. No. 1983, § 74.)

Every person holding a permit under this article shall place and maintain barriers at each end of any excavation authorized by the permit, and at such places as may be necessary along the line of the excavation to prevent accidents. He shall also place and maintain lights at each end of the excavation and at distances of not more than fifty feet along the side thereof, from sunset on one day to sunrise the next day, until such excavation is entirely refilled. (Ord. No. 413, § 7.)

It shall be the duty of every person making any excavation under this article to maintain safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than one hundred feet. Free access must be provided to all fire hydrants and water gates. (Ord. No. 413, § 7.)

All excavations made under this article shall be leveled and the surfaces thereof restored to their original condition without delay and in the best and most workmanlike manner, with the same kind of material used before making the excavation, and so that the condition of the street in which the excavation was made shall be the same in every respect as that existing before the excavation was made. (Ord. No. 413, § 7.)

After any excavation is commenced under a permit issued under this article, the work of making and refilling the same shall be prosecuted diligently and so as not to obstruct the street or travel thereon more than is actually necessary. If work is not so prosecuted, or if the work of refilling does not, in the judgment of the city engineer, comply with the terms of this article, he shall notify the person named in the permit and doing or causing the work to be done, that the work is not being prosecuted with due diligence, or that the refilling is not being properly done, and shall require such person, within five days after the service of such notice, to proceed with the diligent prosecution of the work, or to properly fill the same as the case may be. If such notice is not complied with, the city engineer will do such work as may be necessary to refill such excavation and to restore the street to as good condition as the same was in before the excavation was made. (Ord. No. 413, § 8; Ord. No. 1983, § 75.)

It shall be unlawful for any person to install or cause to be installed any works, except poles, tracks, manholes, culverts, catch basins and similar appliances, and works which, from their nature, must be on the surface of the street, in any street at a distance less than two feet, six inches below the established grade of the center line of such street. Where not already occupied, the location in the center of any street for a width of five feet is reserved for the construction and maintenance of public sewers, except in the case of streets having two roadways. (Ord. No. 413, § 17)

The person by whom any excavation shall be made in any street shall be deemed and held to guarantee the work of refilling and repairing thereof, for the period of one year, against all defects in workmanship or materials. Upon completion of the work of refilling, written notice thereof shall be given to the city engineer, who shall make note of the day when given upon the statement covering and describing the work, and such period of one year shall be deemed to run from the day of giving such notice of completion. Whenever, prior to the expiration of such period of one year, any part of the surface of such street becomes in need of repairs by reason of any defective workmanship or materials, or in the work or refilling or repairing, the city engineer shall serve upon the person by whom the excavation was made, as appears from the statement filed covering the work, a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of such notice. If the same is not complied with, the city engineer shall, at once, make such repairs. (Ord. No. 413, § 9; Ord. No. 1983, § 76.)

Whenever the city council shall, by motion or resolution, determine that the public interest will be subserved by the city doing the work of resurfacing the portion of the street where excavations or any particular class thereof are made, then the city engineer may deduct from the special or general deposits made thereunder, the cost to the city of doing the work. Every deposit, whether general or special, shall be deemed to have been made in contemplation of the provisions of this article, and in particular in the contemplation of the exercise by the city of the power to do the work of resurfacing as herein provided, and deducting the costs thereof from such deposit. (Ord. No. 413, § 22; Ord. No. 1983, § 76.)

The decision of the city engineer as to the cost of any work done or repairs made by him or her or under his or her direction, pursuant to the provisions of this article, shall be final and conclusive as to such costs. (Ord. No. 413, § 14; Ord. No. 1983, § 76.)

Nothing in this article shall be construed to prevent any person from making any such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, but the person making an excavation pursuant to this section shall file the statement and plat and make the deposit, either special or general, therefor, as required by this article, within six hours after the offices of the city are first opened subsequent to the making of such excavation. (Ord. No. 413, § 16.)

None of the provisions of this article shall apply to any work done along or in any street pursuant to any law of the state or any ordinance of the city providing for the improvement thereof, or to any work done along or on any street pursuant to any contract for improvement authorized by the city council, or to the improvement between the rails and on two feet each side thereof, and between the tracks of any steam, interurban or street railway, when such work is done at the same time and as a part of the general improvement of the street; provided, however, that the provisions contained in Sections 31.10, 31.11, 31.15 to 31.17 of this Code shall apply to all such work and to all excavations to be made in any such street. (Ord. No. 413, § 19.)

The provisions of this article shall not apply to excavations made by any department, board or officer of the city in pursuance of its or his official duty. (Ord. No. 413, § 20.)

Nothing in this article shall affect any ordinance or requirement of the city in regard to excavations in connection with building operations. (Ord. No. 413, § 21.)

• As to building excavations generally, see Ch. 13 of this Code.