Yuba City Municipal Code Ch. 2 Excavations

It shall be unlawful for any person, other than duly authorized employees of the City, to lay pipes or conduits in the public streets or thoroughfares of the City or to open, cut, damage, or alter any roadway, street, thoroughfare, or sidewalk therein for any purpose except under a permit issued by the Superintendent of Streets and in accordance with the rules and regulations adopted by the Council. (§ 1, Ord. 216)

Any person desiring to cut the surface or excavate in any public street, sidewalk, or right-of-way shall submit an application in writing to the Superintendent of Streets for a street opening permit. Such application shall include the following:

(a) The location, purpose, and dimensions of the openings;

(b) A clear sketch referencing the opening to at least two readily identifiable landmarks;

(c) The maximum time the excavation is to remain open (not to exceed ten days, unless extended);

(d) A reference to this chapter; and

(e) A statement for the applicant's signature obligating him or her to restore the property to its original condition to the satisfaction of the Superintendent of Streets.

(§ 2, Ord. 216)

The permit shall show:

(a) The permittee's name;

(b) The location and purpose of the opening; and

(c) A reference to this chapter setting forth the obligation of the permittee to restore the property to its original conditions to the satisfaction of the Superintendent of Streets.

On the reverse side of the permit there shall be presented a plat showing the location of such opening, the dimensions thereof, and such other details as the Superintendent of Streets may require to be shown.

(§ 2, Ord. 216)

All permits required under this chapter shall require the applicant for such permit to pay such fees to the Public Works Director and/or Superintendent of Streets as may be established by resolution from time to time and as so amended. The work covered by the permit shall be subject to inspection by the Public Works Director or his or her duly authorized representative, for which an inspection fee shall be exacted of the applicant and which inspection fee shall be established by resolution of the City Council and which may be amended from time to time to reflect the actual costs of providing the inspection. The inspection shall be to ensure substantial conformance of the work covered by the permit to City standards and specifications. Work which is found to be substandard on inspection or not in compliance with City requirements shall be cause for suspension or revocation of the permit unless immediate compliance with said standards is made.

Upon failure of the permittee to immediately correct such substandard work, the City may cause such work to be remedied, removed and/or replaced. Corrective work may be done by City forces or the City may choose to have the work accomplished by third persons. Any costs incurred by the City to correct deficient work shall be billed to permittee and permittee shall be responsible therefor.

In conjunction with said person's application for the permit necessary to do the work, a certificate of insurance in support of permittee's commitment to indemnify the City, its officers, agents and employees and hold the City, its officers, agents and employees harmless from any and all liability in connection with the work covered by issuance of the permit and permittee's commitment by the issuance of the permit to indemnify the City against any and all claims for damage whether it be to person and/or to property arising out of or in any way connected with the work covered by the permit. The certificate of insurance shall be filed with the City prior to the issuance of any such permit and prior to the exercise of any rights under the permit which certificate of insurance shall provide comprehensive liability insurance with minimal limits of $300,000 per person, $100,000 per accident and $50,000 property damage, naming both permittee, the City and its officers, agents and employees as additional insureds and insuring the liability of permittee and/or City in connection with the issuance of the permit and the work covered by the permit in the course thereof. Said certificate of insurance shall provide that the insurance thereunder shall be primary insurance and only at such time as the limits of liability under said certificate have been exhausted, shall any other comprehensive liability insurance that the City may carry come into play.

(§ 2, Ord. 828, eff. October 4, 1979)

The excavation shall not be permitted to remain open for a period of time exceeding ten days. The period of time the excavation may remain open may be extended at the discretion of the Superintendent of Streets and by the endorsement of the extended period of time on the permit by the Superintendent of Streets.

(§ 2, Ord. 216)

No trench shall be opened in any public street or thoroughfare in the City for the purpose of laying pipes or conduits, or for the repair of same, for more than 600 ft. except by special consent of the Superintendent of Streets in writing.

(§ 3, Ord. 216)

It shall be the duty of every person to restore such property to the original condition thereof. Such restoration shall include, as appropriate, filling, tamping, replacing the pavement, macadam, rocks, gravel, or other forms of suitable surfacing, replacing curbing or sidewalks when removed, and removing debris and all other surplus material to the satisfaction of the Superintendent of Streets.

(§ 4, Ord. 216)

If, after having made a thorough inspection of a restoration to the surface of any public street, the Superintendent of Streets shall deem such restoration not satisfactory, the Superintendent of Streets shall notify the permittee responsible for the restoration. If, within 30 days, the permittee does not completely restore the opening to the satisfaction of the Superintendent of Streets, the Superintendent of Streets shall proceed to have the opening restored to his or her satisfaction. The cost of such restoration shall be paid by the permittee and shall be recoverable against him or her by appropriate civil action. A copy of the provisions of this section shall be made a part of, and a condition to, the issuance of all permits required by the provisions of this chapter.

(§ 5, Ord. 216)

It shall be the duty of every permittee, in order to prevent injury to the public because of any opening, to place and keep adequate barriers about all openings and to place and keep an adequate number of lighted flares at night about all openings. The number and location of barriers and flares shall be under the direction of the Superintendent of Streets. Nothing in this chapter shall be construed to relieve any person from liability for accidents or damages caused by failure or neglect to properly guard, light, or protect any openings in public streets, thoroughfares, or sidewalks during the period of opening and the restoration thereof.

(§ 6, Ord. 216)

It shall be unlawful for any person to block by excavation, barrier, or any other means over one-half the lateral surface of any public street or thoroughfare in the City at any one time except in cases of emergency and by special written permission of the Superintendent of Streets.

(§ 7, Ord. 216)

No pipe carrying water or gas shall be laid less than 18 in. below the official grade line of any street except by permission of the Superintendent of Streets.

(§ 8, Ord. 216)

Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any public street, thoroughfare, sidewalk, alley, or other public place, or the use thereof, is abandoned, the person owning, using, controlling, or having an interest in the same shall, within 30 days after such abandonment, file with the Superintendent of Streets a map giving in detail the location of such pipe, conduit, duct, tunnel, or other structure so abandoned.

(§ 9, Ord. 216)

The provisions of this chapter shall not apply to contractors making improvements which require the opening of public streets, thoroughfares, or sidewalks within the City, which contractors are under contract with the City, provided such contract contains provisions requiring adequate restoration to such openings.

(§ 10, Ord. 216)