Chapter 13.16 — EXCAVATIONS AND ENCROACHMENT

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

It is unlawful for any person, firm or corporation, excepting public utilities and the city, to make any cut or excavation, or erect any structure or improvement in any street or sidewalk, alley or public way, for any purpose, without first obtaining a permit therefor.

(Ord. 167 §1, 1971; Ord. 272(part), 1993)

A.

Any person, firm or corporation desiring to cut, excavate or erect any structure or improvement in or upon any street, sidewalk, alley, way or public property of the city for the purpose of making or installing any pipes, structures or improvements, or any other purposes, shall, before excavating or constructing for such purpose, obtain a written permit from the city.

B.

The application for such permit shall state the name of the person, firm or corporation who will cut, excavate, build or construct on the street, alley, way or public property, for whom and for what reason and where, and the number of days required to complete the work. The application shall be filed with the city and no work shall be commenced until the permit has been issued by the city. All work shall be in accordance with the requirements of the permit.

C.

When a permit is issued, the person, firm or corporation to whom the permit is issued assumes full responsibility for any loss or damage to the city or any person or property as a result of the acts of such person, firm or corporation granted said permit, and shall indemnify and hold harmless the city against any loss resulting from any damage to any person or property of any person. Any permit granted shall contain this provision.

D.

The city may, as a condition of granting a permit, require the posting of bond or other security in an amount determined by the city engineer to insure compliance with the provisions of this chapter.

E.

Upon completion of the work, acts or things for which an encroachment permit was issued, or when required by the city engineer, the permittee shall replace, repair or restore the right-of-way as provided by this chapter and adopted standards of the city. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way and shall do any other work or perform any act necessary to restore the right-of-way to a safe and usable condition, as directed by the city engineer.

F.

After completion of all work, the permittee shall exercise reasonable care in maintaining the area affected by the encroachment. The permittee shall, upon notice from the city, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event permittee fails to act promptly or should the exigencies of the damage require repairs or replacement to be made before the permittee can be notified or respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with actual costs of labor and materials, plus fifteen percent of such costs as administrative costs.

G.

By acceptance of the permit, the permittee agrees to comply with the provisions of this chapter.

(Ord. 167 §2, 1971; Ord. 272 (part), 1993)

The schedule of fees will be those established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city, for payment to the city, cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and

the fee for necessary inspection, all in accordance with schedules established and adopted by the city council.

(Ord. 272(part), 1993)

It is unlawful for any person, firm or corporation, after having made an excavation in any street, alley or public way, to refill the same except under the direction of the city engineer. The cost of restoring any such excavated street, alley or public way to city standard shall be paid by the person, firm or corporation making or causing such excavation.

(Ord. 167 §3, 1971; Ord. 272(part), 1993)

It is the duty of the person, firm or corporation granted a permit hereunder to place and maintain such warning devices as may be required under the terms of the permit for the period set forth in said permit.

(Ord. 167 §4, 1971; Ord. 272 (part), 1993)

Any person aggrieved by the refusal of, or conditions of, a permit required by this chapter may appeal to the city council. When the city council, after a hearing, finds all of the following to be true, the permit may be modified or granted:

A.

That the applicant will be substantially damaged by the refusal to grant the permit or conditions on the permit;

B.

That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;

C.

That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property.

(Ord. 272 (part), 1993)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, willfully violating any provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars or by imprisonment in the city or county jail for a period of not more than

six months or by both such fine and imprisonment. Each day that violation of this chapter continues is considered a separate offense.

(Ord. 167 §5, 1971; Ord. 272 (part), 1993)