Willows Municipal Code Ch. 12.25 Excavations

It shall be unlawful for any person to make any excavation in or under the surface of any public street, alley, sidewalk or other public way within the city without first having received a permit to do so from the superintendent of streets. The applicant for the permit shall furnish the city and deposit with the city clerk, before such permit is granted, a cash bond in an amount sufficient to cover the cost of inspection and of restoring the surface of such public street, alley, sidewalk or other public way to its original condition. The amount of the bond shall be fixed by the superintendent or, in lieu of depositing a cash bond, the applicant may file with the clerk a surety or other form of bond acceptable to the city council in a sum to be fixed by the superintendent and conditioned that the applicant shall diligently and in good faith comply with the terms and conditions of this chapter and of all permits which may be issued to the applicant during the period covered by such bond.

(Prior code § 13-66; Code 1959 § 16.22)

The application for the permit required by WMC § 12.25.010 shall be in writing, and shall state clearly the nature and extent of the excavation proposed to be made.

(Prior code § 13-67; Code 1959 § 16.23)

Nothing in this chapter or in any permit granted hereunder shall be construed as granting any franchise or privilege over or under any public way of the city nor shall the city be construed to assume any liability for damages resulting from any acts or omissions done or permitted by any permittee under this chapter.

(Prior code § 13-68; Code 1959 § 16.31)

By acceptance of the permit issued under the provisions of WMC § 12.25.010, the permittee shall be deemed to guarantee the work of refilling and repairing any excavation against any defect in workmanship and material for the period of one year from the date of the street superintendent's certificate of satisfactory completion.

(Prior code § 13-69; Code 1959 § 16.27)

This chapter shall have no application to any work by or in behalf of the city or in pursuance of any ordinance thereof or the laws of the state.

(Prior code § 13-70; Code 1959 § 16.32)

All excavations and replacements shall be made under the supervision of the street superintendent, and after any excavation is made, the work or replacement shall be prosecuted diligently.

(Prior code § 13-71; Code 1959 § 16.24)

All replacements shall be leveled and the surface thereof restored to its original condition without delay, in a good and workmanlike manner, and with the same kind and grade of materials as were originally used therein. All pavement bases shall be thoroughly compacted by flooding and tamping before surfacing.

(Prior code § 13-72; Code 1959 § 16.25)

It shall be the duty of the permittee making any excavation to provide safe and adequate crossings for vehicular traffic and pedestrians. Free access must be provided to all fire hydrants and water valves. Suitable barriers must be constructed about the excavation for the prevention of accidents, and adequate lights shall be continuously maintained thereon from the period of sunset to sunrise. [Amended during 2009 recodification. Code 1959 § 16.26; Prior code § 13-73].

Upon the completion of replacements to the satisfaction of the street superintendent, he shall endorse such fact of satisfactory completion, together with the cost of inspection, upon the permit originally issued for the excavation. After the expiration of one year from the date of the certificate, and upon the surrendering of the permit so endorsed to the city clerk, the permittee shall be entitled, upon giving his receipt therefor, to receive the amount deposited by him as the cash bond required in WMC § 12.25.010, less the amount fixed by the street superintendent as inspection cost.

(Prior code § 13-74; Code 1959 § 16.28)

Upon the failure of the permittee to do or perform the work and furnish the materials as provided in this chapter, the cash bond deposited by the permittee shall be forfeited; or, if no cash bond has been deposited, recourse may be had to permittee's surety or other bond for the recovery of such damages as may have accrued to the city by reason of the failure of the permittee to do or perform the work and furnish the materials as provided by this chapter.

(Prior code § 13-75; Code 1959 § 16.29)

In lieu of the depositing of the cash bond, as required by this chapter, the permittee may, with the consent of the street superintendent, deposit with the city the estimated cost of replacement as fixed by the street superintendent, whereupon the city shall perform all necessary work and furnish the necessary materials for replacement, the cost of which shall be charged against the amount so deposited.

(Prior code § 13-76; Code 1959 § 16.30)