Willits Municipal Code Ch. 12.04 Street Excavations

Footnotes:

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Note— For statutory provisions authorizing cities to prevent encroachments and obstructions in streets, see Gov. Code §38775. For violations of the provisions of this chapter, see Ch. 1.12 of this code.

No person shall make, or cause to be made, any excavation in or under the surface of any public street, alley, sidewalk, or other public place within the city for the installation, repair or removal of any tank, pipe, conduit, duct, tunnel, structure, or for any other purpose, without first obtaining from the building official a written permit to make such excavation, except in case of emergency.

(Ord. 79-2 §1).

A. Application for permit to excavate shall be made in writing to the building official on forms provided by him for that purpose The application shall contain such information as the building official may, in his discretion, require, including plans or drawings showing the work to be done, location of the work, limits of the work, and location of pavement replacement types. If a street cut, opening or excavation is to be made on or under a State highway, the applicant shall also comply with all regulations of the California Department of Transportation (Caltrans), and shall procure from such Department all permits required therefor by the state. If any emergency street cut, opening or excavation is made, application for a permit shall be made on the next business day.

B. The building official shall collect a fee for each permit application submitted to him. The amount of such fee shall be set from time to time by resolution of the city council.

(Ord. 79-2 §2).

No person shall make, or cause to be made, any excavation, nor shall install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, tunnel, or structure in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described or shown in the application and plans filed with the building official.

(Ord. 79-2 §3).

The application, when approved and signed by the building official or his designee, constitutes the permit and authorizes excavation only to the extent set forth therein. Each permit shall be obtained at least two working days before the work is commenced, except in the case of emergency. Permits shall not be transferable. Each permit shall set forth a time limit within which the work shall be completed. The permit shall expire and be void if the work is not commenced and completed within the time specified on the face of the permit, unless the building official extends the time limit of the permit for good cause shown.

(Ord. 79-2 §4).

Any permit granted under this chapter may be revoked by the building official for noncompliance with any of the provisions of this chapter.

(Ord. 79-2 §5).

The provisions of this chapter apply to public utilities. Any public utility possessing a franchise to install, operate, maintain or use facilities in the streets of the city, although deriving its rights to occupy such streets from franchise or other lawful source, shall nevertheless procure permits for excavation under this chapter to the extent necessary to allow the city to exercise reasonably its police powers over streets and other public places.

(Ord. 79-2 §6).

All work authorized by permit under this chapter shall be performed in a neat and workmanlike manner, and shall be so scheduled as to cause the minimum amount of interference with traffic and other public use of the streets and public places affected. Free and unobstructed access shall be provided to all mail boxes, fire hydrants, water gates, valves, manholes, and other public service structures and property as may be required for emergency use. All gutters, pipes, drains, conduits, culverts, catch basins, stormwater inlets and all other stormwater facilities shall be kept open so as to permit the free and unobstructed flow of water at all times. The working areas shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required by the building official. It shall be the duty of the permittee making any excavation in any public street, alley or other public place, 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. If any excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians.

(Ord. 79-2 §7).

All monuments of iron, concrete, granite, or other lasting material, set for the purpose of locating or preserving the lines of any street or property subdivision, or for providing a precise survey reference point, shall not be removed or disturbed, or caused to be disturbed, without the prior written approval of the city manager and the city engineer; provided, however, that nothing in this section shall authorize the removal or disturbance of any survey monument in violation of existing California law.

(Ord. 79-2 §8).

Where excavations are made in exposed concrete surfaces (such as concrete driveways, sidewalks, and pavement) a power-driven concrete saw shall be used to cut a kerf deep enough to permit complete breakage of the concrete without ragged edges. Concrete surfaces disfigured or damaged by the permittee shall be replaced or cleaned and ground to a smooth and uniform appearance.

(Ord. 79-2 §9).

After permitted work has been started, it shall be diligently and continuously prosecuted until fully completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is approved by the building official.

(Ord. 79-2 §10).

During the performance of the work, the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchmen and flagmen as may be required by existing laws and regulations, or as may be deemed necessary by the building official, to ensure full and complete safety to the general public. It also shall be the duty of each permittee making any excavation in any public street, alley, or other public place, to erect and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents; and to place and maintain lights at each end of such excavation and at distances of not more than fifty feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled.

(Ord. 79-2 §11).

Each person obtaining a permit under this chapter shall obey and enforce all safety orders, rules and recommendations of the Division of Industrial Safety, Department of Industrial Relations, State of California, applicable to the permitted work, and shall comply with all applicable state and local laws, ordinances, codes and regulations.

(Ord. 79-2 §12).

It shall be the duty of each permittee to keep all trench backfill and temporary paving in a safe condition. Each permittee shall regularly inspect his trenches to ensure their safe condition to the public until permanently paved. Whenever temporary paving on any trench of a permittee is discovered to be in a condition which, in the opinion of the building official, endangers the public safety, the building official shall give the authority to order its immediate emergency repair by city forces or take such other action as is deemed necessary for the protection of the public. The actual cost of such work by the city, plus fifteen percent overhead charge, shall be charged to and paid for by the permittee.

(Ord. 79-2 §13).

If authorized work is unduly delayed by a permittee, and if the public interest reasonably demands, the building official shall have the authority to complete the work or any portion thereof; provided, however, that before completing said work, the building official shall give the permittee at least five days' written notice, by personal delivery, or by first class mail, postage prepaid, mailed to the permittee's address as stated in the permit application, of his intention to perform or complete the work. The actual cost of any work so performed hereunder by or at the request of the building official, together with fifteen percent overhead charge, shall be charged to and paid for by the permittee.

(Ord. 79-2 §14).

All trenches and excavations shall be backfilled in the following manner:

Backfill material shall be placed in uniform layers and shall be brought up uniformly on all sides of the facility. The thickness of each layer shall not exceed 0.67 feet before compaction.

Compaction equipment or methods which may cause excessive displacement or may damage structures shall not be used. Compaction of backfill by ponding or jetting shall not be permitted.

All backfill shall be compacted to a relative compaction of not less than ninety-five percent as determined by California Test Method 216G or 231. Backfill shall have a sand equivalent of not less than twenty and shall conform to the following grading:

Trenches shall not be left open farther than two hundred feet in advance of pipe laying operations or two hundred feet to the rear thereof.

(Ord. 79-2 §15).

A. Pavement shall be replaced with standard type pavement as indicated on the permit. Curbs, gutters, sidewalks, sewers, drains, structures, 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 as existed prior to the entry on the work by the permittee, and to the satisfaction of the building official.

B. The edges of all trenches and excavations shall be properly trimmed and squared up, and all loose material shall be removed before pavement is placed. Where excavations or trenches are made in any street that has been constructed or resurfaced within five years prior thereto, a power-driven saw shall be used to cut a kerf deep enough to permit complete breakage of the paving without ragged edges.

C. Temporary surfacing acceptable to the building official, where indicated on the permit, shall be installed on the same day the backfilling has been completed, unless otherwise directed by the building official. The time limit for the replacement of temporary with final pavement shall be the completion date as indicated on the permit.

(Ord. 79-2 §16).

At all times during the performance of the work, the city shall have the right to use all or any part of the area occupied by the permittee under the permit.

(Ord. 79-2 §17).

All work done by the permittee shall be inspected by the city and the permittee shall pay for such inspection. The city council shall by resolution fix the amount of the inspection for purposes of this chapter.

(Ord. 79-2 §18).

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 any portion of the street which occurs as a result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. Upon notice from the building official, the permittee shall immediately repair any injury or damage to any portion of the street which occurs as a result of the work done under the permit, including any and all damage to the street which would not have occurred had such work not been done, and which in the opinion of the building official constitutes a public hazard. In the event that such repairs are not made by permittee within twenty-four hours after the notice, the building official is authorized to make such repairs and charge all costs thereof, plus fifteen percent, to the permittee. By acceptance of a permit, the permittee shall be deemed to agree to comply with the provisions of this section.

(Ord. 79-2 §19).

By acceptance of any permit issued pursuant to this chapter, a permittee shall be deemed to make the following warranties to the city:

A. That all work performed under such permit has been performed in accordance with the terms and conditions of the permit and all provisions of this chapter;

B. That the permittee will repair or replace any or all work performed under the permit that may prove defective in workmanship or materials within the period of one year after final inspection.

(Ord. 79-2 §20).

Prior to the issuance of any permit pursuant to this chapter, the building official shall require the applicant to furnish a performance bond, issued by a corporate surety company authorized to do business within the state, in a penal sum sufficient to assure that all work authorized by the permit will be performed in accordance with the terms thereof and the provisions of this chapter. The provisions of this section shall not apply to any public utility or other company paying franchise taxes or fees to the city.

(Ord. 79-2 §21).

The permittee shall be responsible for all claims and liabilities arising out of the work performed under the permit or arising out the permittee's failure to perform the obligations with respect to street maintenance, restoration of improvements, backfilling, temporary paving, and compliance with safety laws and regulations. The permittee shall, and by acceptance of any permit issued under this chapter shall be deemed to agree to, defend, indemnify, save and hold harmless the city, its officers, agents, and employees, from and against any and all suits, demands, claims, actions or causes of action brought by any person for or on account of any bodily injury, disease, or illness, or damage to property, sustained in or arising out of, the performance of any work authorized by permit issued under this chapter, or in consequence of the permittee's failure to perform his obligations with respect to street maintenance, restoration of improvements, backfilling, temporary paving, compliance with safety laws and regulations, or performance or warranties given under Section 12.04.200.

(Ord. 79-2 §22).

Nothing in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit, from making such excavations as may be necessary for the preservation of life or property when such necessity arises; provided, however, that the person making such emergency excavations shall obtain a permit therefor on the next business day.

(Ord. 79-2 §23).