Visalia Municipal Code Art. 7 Public Sewer Construction

No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the city and paying all fees and connection charges and furnishing bonds and/or cash deposits as required herein. The provisions of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into with the city. (Ord. 2006-02 (part), 2006: Prior code § 4225)

A. The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the city, prepared by a registered civil engineer, showing all details of the proposed work.

B. The application, together with the plans, profiles and specifications shall be examined by the city engineer who shall within twenty (20) working days approve them as filed or require them to be modified as deemed necessary for proper installation. When the city engineer is satisfied that the proposed work is proper and that the plans, profiles and specifications are sufficient and correct, he shall order the issuance of a permit predicated upon the payment of all connection charges, fees and deposits and furnishing required bonds. The permit shall prescribe such terms and conditions as necessary in the public interest. (Ord. 2006-02 (part), 2006: Prior code § 4226)

The requirements of Sections 13.08.300 and 13.08.310 shall be fully complied with before any final subdivision map shall be approved by the city council. The final subdivision map shall provide for the dedication for public use of all streets, easements or rights of way in which public sewer lines are to be constructed. (Ord. 2006-02 (part), 2006: Prior code § 4227)

In the event that an easement is required for an extension of the public sewer, the applicant shall procure and have accepted by the city council a proper easement or grant of right-of-way sufficient in law to allow the laying and maintenance of such extension. (Ord. 2006-02 (part), 2006: Prior code § 4228)

Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the city. All terms and conditions of the permit issued by the city to the applicant shall be binding on the contractor. The requirements of this section shall apply to side sewers installed concurrently with public sewer construction. (Ord. 2006-02 (part), 2006: Prior code § 4229)

Grade and line stakes shall be set by a registered civil engineer prior to the start of work on any public sewer construction. The contractor shall be responsible for accurately transferring grades to sewer inverts. The engineer shall provide copies of cut sheets to the contractor and to the city. (Ord. 2006-02 (part), 2006: Prior code § 4230)

Any person constructing a sewer within a street or public right-of-way or easement shall comply with all state, county or city laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof, and shall obtain all permits and pay all fees required by other departments having jurisdiction prior to the issuance of a permit by the city. (Ord. 2006-02 (part), 2006: Prior code § 4231)

A. The applicant shall maintain such barriers, lights and signals as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as a result thereof. Applicant shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the city or any other public agency having jurisdiction thereover.

B. If the city engineer determines that the construction site is not adequately signed and the contractor evades the engineer's warning or it is after working hours, the engineer shall have the recourse to obtain the necessary signing devices from any source available and all costs related thereto shall be borne by the contractor. (Ord. 2006-02 (part), 2006: Prior code § 4232)

Minimum standards for the design and construction of sewers within the city or subject to the jurisdiction of the city shall be the "Sanitary and Storm Sewer Specifications" of the city. The city engineer may permit modifications of those specifications or may require higher standards where unusual conditions are encountered. "As-built" drawings showing the actual location of all sewers, structures, wyes, and laterals shall be filed with the city before final acceptance of the work. (Ord. 2006-02 (part), 2006: Prior code § 4233)

Prior to the issuance of a permit for public sewer construction the applicant shall furnish to the city a faithful performance bond or cash deposit in the amount of the total estimated cost of the work. Said bond shall be in the minimum amount of one thousand dollars ($1,000.00) and shall be secured by a surety or sureties satisfactory to the city. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of one year after the date of acceptance of the work. (Ord. 2006-02 (part), 2006: Prior code § 4234)

All sewer construction work, building sewers, plumbing and drainage systems shall be inspected by an inspector acting for the city to insure compliance with all requirements of the city. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected either directly or indirectly to the city's public sewer system until the work covered by appropriate permit has been completed, inspected and approved. All sewers shall be cleaned of all debris accumulated from construction operations. (Ord. 2006-02 (part), 2006: Prior code § 4235)

It shall be the duty of the person doing the work authorized by permit to notify the office of the city that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected and if notice is made verbally, it shall be followed by written notice. It shall be the duty of the person doing the work to make sure that the work is ready for inspection by the city before giving the above notification. (Ord. 2006-02 (part), 2006: Prior code § 4236)

When any work has been inspected and the work is unsatisfactory, a written notice to that effect shall be given instructing the permittee, or the agent of such permittee, within ten days, to comply to such order or notice for work authorized by the permit in accordance with the ordinances, rules and regulations of the city. (Ord. 2006-02 (part), 2006: Prior code § 4237)

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the permittee. The permittee shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the work. (Ord. 2006-02 (part), 2006: Prior code § 4238)

A. Use by an industry or commercial establishment located outside the city limits ("outside user") shall not be granted if it shall impair the usage of the sewer system or any part thereof by property within the city.

B. Enlargements, extensions or modifications of the city sewer system for use by outside industries or commercial establishments, shall be solely at the cost of such user and the city shall, upon completion, be granted title to and hold full control of such extension, enlargements or modifications.

C. Failure or refusal of any outside user to comply with any condition of this article or of any contract granted hereunder, shall be sufficient grounds for cutting off its connection with the sewer system after five days written notice thereof by the city.

D. Determination by the city that the use of the city sewer system by an outside user is resulting in impairment of the use by property within the city, shall give the city the conclusive right to terminate any contract user's further use of said city sewer system or any part thereof.

E. Any existing contracts with outside users for city sewer system usage shall not be modified by the provisions of this chapter until such time as such contracts have terminated.

F. Maximum protection to the city shall be provided in the drafting of any contract and such protection shall include enforcement of the pretreatment provisions of the city's NPDES permit and provision for annexation to the city of the property occupied by users at such time as annexation is, in the opinion of the city, feasible, with sufficient penalty fees in said contract to guarantee compliance with this stipulation.

G. All contracts with outside users shall be approved by the city council.

H. Permission shall not be granted to connect any lot or parcel of land outside the city to any public sewer in or under the jurisdiction of the city unless a permit thereof is obtained. The applicant shall first enter into a contract in writing whereby he shall bind himself, his heirs, successors and assigns to abide by all ordinances, rules and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith and also shall agree to pay all fees required for securing the permit and a monthly fee in the amount set by the city for the privilege of using such sewer. The granting of permission for connection to the city sewer system by an outside user shall be optional with the city council. (Ord. 2006-02 (part), 2006: Prior code § 4239)

A separate permit must be secured from the city or the county or any other person having jurisdiction thereover by permittees or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections.

A. No person shall enter, obstruct, uncover or tamper with any portion of the public sewer, or connect to it, or dispose anything into any sewer and/or sewer manhole without the written permission of the city engineer.

B. No person or party shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer without first notifying the city engineer of such intention. All openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight and inspected by the city engineer before being backfilled.

C. No person shall fill or backfill over, or cause to cover, or obstruct access to, any sewer manhole.

D. No person shall erect any improvements, structures, or buildings over public sewers without the written permission of the city engineer. (Ord. 2006-02 (part), 2006: Prior code § 4240)

A. The city and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any permittee. The permittee shall be answerable for, and shall save the city and its officers, agents and employees harmless from any liability imposed by law upon the city or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. The permittee shall be solely liable for any defects in the performance of permittee's work or any failure which may develop therein.

B. Every person, firm, company, corporation, or organization applying for a permit shall file with the engineering department a policy, true copy thereof, or certificate of insurance, accompanied by an endorsement signed by the underwriter or an authorized representative, as evidence that the applicant has obtained and maintains and shall require all of its subcontractors to maintain the following insurance requirements:

1. Comprehensive general liability coverage with limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage. Such insurance shall: (a) name city, its appointed and elected officials, officers, employees and agents as additionally insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the city; and (c) contain standard cross liability provisions;

2. Commercial automobile liability insurance with a combined single limit of no less than five hundred thousand dollars ($500,000.00) per occurrence. Applicants whose transportation operations are governed by the public utilities commission shall possess limits as required by the commission;

3. Worker's compensation coverage with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident.

C. Greater amounts may be required as determined by the city from time to time by resolution. Permittee must pay premiums thereon and permittee shall not commence work until all insurance required has been obtained and such insurance has been approved by the city. (Ord. 2006-02 (part), 2006: Prior code § 4241)

If work under a permit is not commenced within six months from the date of issuance or if after partial completion the work shall be discontinued for a period of six months, or if the connection or work authorized by such permit is not completed within one year from date of issuance of permit, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit. (Ord. 2006-02 (part), 2006: Prior code § 4242)