Suisun City Municipal Code Ch. 12.04 Excavations and Encroachments

It is unlawful for any person, firm or corporation, not an employee of the city or working under a contract with the city, to cut the pavement of, make any excavation or encroachment in any manner over, on or under, any public street, alley or place within the city without first procuring a permit so to do and complying with all the other terms, conditions and requirements prescribed by this chapter.

(Ord. 336 § 1, 1965)

Any person or business, whether for profit or nonprofit, seeking to use any portion of the public right-of-way for outdoor seating for restaurants, cafes or the selling of any merchandise, or any other allowed use shall first obtain approval from the planning division. All uses must demonstrate that it will not unduly interfere with pedestrian traffic or fire department access.

(Ord. 621 § 3(part), 1995)

Prior to issuance of approval for establishing seating or tables within the public right-of-way, the applicant shall submit written proof of general liability insurance acceptable to the city. Such policies shall contain a provision which includes the city as also named insured and holding the city, its officers and employees harmless from any and all claims, including negligence by reason of granting permission to use such public property. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, 30 days' advance notice of cancellation upon the city. Notwithstanding any other provisions of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. The form of said insurance, including endorsements, shall be subject to the review and approval of the city.

(Ord. 621 § 3(part), 1995)

The city shall provide forms upon which permits required by this chapter shall be applied for, which must be presented to and approved by the superintendent of streets, who shall thereupon issue such permits without bond to the owner of any public utility lawfully operating within the city; provided, however, that no such permit shall be issued to any other person, firm or corporation unless and until:

A. The applicant posts with the superintendent a bond, with corporate surety, duly qualified to do business in the state, in a sum equal to 100 percent of the estimated total cost of the excavation work, made by the superintendent, based on the date set forth in the application;

B. The applicant has filed with the superintendent of streets a certificate or certificates showing and certifying that it or she carries public liability and property damage insurance issued by a corporate surety qualified to transact business in California, insuring the applicant and also the city against loss by reason of injury to or death of persons, or damage to property, caused by the operations of the applicant or its servants or agents under the permit, in performing any work under such permit, in the following amounts: $100,000.00 for death of or injuries to more than one person in any one accident; $300,000.00 for death of or injuries to more than one person in any one accident; $25,000.00 for damages to property. Each certificate shall contain a rider whereby the carrier agrees to give the city ten days' notice of the cancellation of such insurance.

(Ord. 336 § 2(part), 1965)

The permit provided for by Section 12.04.020 shall be prepared in triplicate, and shall contain the following information:

A. The name and address of the applicant; and the date thereof;

B. A description of the work for which the permit is desired;

C. A diagram of the proposed work showing dimensions referenced from curb returns or from a permanent object in the vicinity of the encroachment, with geographical direction indicated. It shall include the exact location of the work;

D. An agreement to comply with all the provisions of this chapter, and of all other applicable ordinances of the city, and of state laws;

E. The applicant's license number, or an explanation where it has none;

F. The signature of the applicant, by a duly authorized owner, agent or officer, if not an individual;

G. The applicant shall retain one copy and submit two copies to the superintendent of streets;

H. Any other requirements the superintendent of streets makes under Section 12.04.050(E) of this chapter.

(Ord. 336 § 2(part), 1965)

If the superintendent finds the application to be in order, and when all other requirements specified in this chapter have been met, the superintendent of streets shall issue the same, by signing it, with the date of signing. He shall then endorse thereon the amount of pavement replacement charges, square feet of surface or pavement to be removed, cost per square foot, pavement cost and certificates of insurance required by this chapter, shall deliver one counterpart of the permit to the permittee and place the other on file in his office.

(Ord. 336 § 2(part), 1965)

The work to be done under the permit provided for in this chapter shall be to the following specifications:

A. Backfills shall be made with sand except the alternative method specified in subsection C of this section.

B. The top eight to ten inches of the excavations must be backfilled with crushed rock. All excavations must be cut smooth and regular from the grade to a minimum depth of eighteen inches, and replacements shall be as shown on a standard drawing approved by the superintendent of streets.

C. As an alternative, referred to in subsection A of this section, the excavation shall be completely backfilled to a relative compaction of ninety percent or more, and written evidence thereof from a registered soil engineer furnished to the city.

D. All excess material shall be disposed of and the site of the encroachment left in a condition equal to or better than before the encroachment.

E. The superintendent of streets may require such additional work as he judges necessary for the proper protection of the streets which he shall set forth in the permit.

(Ord. 336 § 3, 1965)

The city will replace all pavement at a cost per square foot to the permittee. The permittee shall maintain the excavation in a safe condition for a period not to exceed twenty days after the superintendent of streets is notified that the excavation is completed and ready for resurfacing. The city will remove the crushed rock placed by the permittee to a depth as deemed necessary and will replace the pavement and perpetually maintain the excavation against failure, for charges to be paid by the permittee, as follows:

A. Unimproved streets, as defined by the superintendent of streets, no charge for pavement replacement;

B. Improved streets, minimum charge, ten dollars. The first one hundred square feet or less, one dollar per square foot; all area over one hundred square feet up to four hundred square feet, sixty-five cents per square foot; all area over four hundred square feet, fifty cents per square foot.

(Ord. 336 § 4, 1965)

If, after investigation or on-the-spot inspection, the work is found to be unsatisfactory, the superintendent of streets shall notify the permittee to replace such unsatisfactory work within a specified period (not to exceed forty-eight hours). If such work is not replaced within the period specified the superintendent shall remove the unsatisfactory portions of the work and replace as necessary. The cost of labor, materials, equipment rental and overhead so incurred shall be charged against the permittee and he and his surety shall be forthwith billed for the same, and the same, if not paid, may be recovered by an action in the proper court, brought by the city against the permittee and his surety.

(Ord. 336 § 5, 1965)

The provisions of this chapter shall not apply when:

A. Work is lawfully done pursuant to any street improvement assessment district law of the state duly authorized by the city, for the improvement of any street, alley or public place in the city;

B. Excavations or encroachments are made by the officer or under the direction of any officer of the city in the discharge of his official duty;

C. The excavation or encroachment is made by any public utility operating within the city in an emergency occasioned by storm, leakage, explosion or an act of God, and immediate repairs are necessary to preserve the public peace and protect persons and property from injury, death and damage; provided, however, the an application for a permit under such circumstances must be made by any such public utility within twenty-four hours after starting work, and that the refilling of any excavation shall be done in compliance with the provisions of this chapter.

(Ord. 336 § 6, 1965)

It shall be the duty of every person, firm or corporation doing any construction, reconstruction or removal in any public street, alley or public place, to maintain safe crossings for vehicular traffic where such work is located, and safe crossings for pedestrians at intervals of not more than three hundred feet. No street may be blocked to prevent traffic without notification to and approval by the fire chief. If the street is not wide enough to hold excavated materials without using part of the adjacent sidewalk, a tight board fence upon or along such sidewalk shall be erected and maintained as long as those materials remain along the sidewalk. Free access must be provided for all fire hydrants and water gates. The permittee shall supply any lights, barricades, signs and other safety devices the superintendent of streets deems necessary for the protection of the public.

(Ord. 336 § 7, 1965)

All existing drainage conduits, pipes, structures, ditches or other facilities in the public street area of the city, which provide drainage for stormwaters, are the property of this city, and no person, firm or corporation or public agency is permitted to divert, plug, abandon, fill, close in, add on to or change in any manner any pipe, ditch or other drainage structure or facility without an approved encroachment permit from the superintendent of streets.

(Ord. 336 § 8, 1965)

The superintendent of streets is designated the enforcement officer of this chapter, and the provisions hereof, personally and by any deputy appointed by him and approved by the city council, and shall issue all permits and make all inspections under this chapter, it being understood that at the present time the city inspector is also the superintendent of streets.

(Ord. 336 § 9, 1965)

Any person, firm, corporation or public body violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the County Jail for a period of not more than three months, or by both such fine and imprisonment.

(Ord. 336 § 10, 1965)