[Ord. No. 12.835 §1, 1-4-1999]
It shall be unlawful and no person shall commit the same for
any person to dig, dig up, excavate, undermine, break up, trench,
cut, or improve any street said act or acts hereinafter referred generally
to as "excavate" or "excavation" in any manner whatsoever, without
first having obtained a permit as this Article requires, or without
complying with each term and provision of this Article, or acting
or causing others to act in violation of or in variance with the terms
of this Article and any excavation permit.
[Ord. No. 12.835 §2, 1-4-1999]
Application for excavation permits shall be made in writing
to the City Clerk, on a form provided by the City, and shall describe
the location of the intended excavation, tunnel, work, the purpose
therefor, the size thereof, the extent thereof, the name and address
of the firm, entity or person doing the actual excavation work, and
the name of the person or persons for whom the excavation work is
being performed. The application for such permit shall be signed by
both the entity or person doing the actual work and by the entity
or person for whom the work is being performed, and both said entities
or individuals will be considered as co-applicants for said permit.
In addition, by making said application, the applicant(s) is agreeing
to abide by, in consideration for the issuance of the permit, all
ordinances and laws relating to the excavation work to be done pursuant
to the permit. Further, by making said application, the applicant(s)
agree to hold the City harmless from any liability whatsoever, however
caused, arising from, in connection with, or as a result of the excavation
work permitted to be undertaken pursuant to this application. The
non-refundable fee for each such permit shall be the sum of ten dollars
($10.00). The Superintendent of Utilities may require any applicant
to deposit a bond in a sum sufficient to cover the expense of repair
of any cut or damage resulting from such work. A permit shall be required
for each "cut" or "patch". Said permit(s) shall be issued in the sole
discretion of the City of California and the City's duly authorized
employee or officer. In the event the applicant desires or intends
to make a series of "cuts" or "patches", the applicant shall so state
in the permit application, the City's duly authorized officer or employee
shall establish a minimum permit application fee, which shall not
be less than one hundred dollars ($100.00). Subsequent to excavation,
in addition to the cost-fee to be paid to the City as set forth below,
the City Official shall determine, to the best of his/her ability,
the actual number of cuts made, and the applicant shall be charged
the permit fee less the one hundred dollars ($100.00) previously paid
for each cut, said fee to be paid within twenty (20) days of billing
from the City.
[Ord. No. 12.835 §3, 1-4-1999]
A.
No
such permit shall be issued unless and until the applicant therefor
has:
1.
Purchased from the office of the City Clerk the aforementioned non-refundable
excavating permit, said sum paid by the applicant(s) to be deemed
to compensate the City for time and materials incurred and/or paid
by the City in connection with the application and general oversight
of the project, but shall not be deemed to compensate the City for
time and materials incurred and/or paid by the City in connection
with the oversight of a project when no permit was approved by the
City or which exceeds the scope of the permit issued or which requires
time and expense on the part of the City which is over and above the
normal and customary fee for the routine oversight of an excavation.
2.
The applicant(s) have agreed to abide by and make payment within
twenty (20) days of billing, when applicable, certain guidelines developed
or to be developed by the City, which will include at a minimum, the
following:
a.
Applicant agrees to saw cut pavement before excavating;
b.
Applicant agrees to have twelve (12) inches over dig on either side
of trench to create ledge for four (4) inch concrete slab;
c.
Applicant agrees to back fill with base rock of appropriate size
to be determined or agreed to by the City;
d.
Applicant agrees to contact City or designated City Official or employee,
which shall be either the City Clerk or the Superintendent of Streets
immediately upon completion of the excavation job, so that the City
is able to inspect the site and arrange for street repair; and
e.
Applicant agrees to pay City a minimum of four dollars ($4.00) per square foot for repairing street, payment deemed to cover the cost of concrete, tack and asphalt. However, the City may, in its sole discretion, require the applicant to make said repair or to bear additional costs incurred or paid by the City in making said repair, and may, upon review and ten (10) days' notice, said notice to be posted in the municipal building, increase the per square foot cost charged to applicant(s) for the City's cost in repairing the street after excavation. Further, the diagram set out as Exhibit A to this Chapter, shall be a general guide which shall be followed by the applicant.
[Ord. No. 12.835 §4, 1-4-1999]
The failure of any entity, contractor, company, firm, landowner
or any other person to abide by the terms or any term of this Article,
including the application permit process, absent extreme or extraordinary
life threatening conditions, shall constitute a municipal infraction
and shall result in imposition of a mandatory fine of not less than
two hundred fifty dollars ($250.00) and not more than five hundred
dollars ($500.00). In addition, the application for the permit shall
constitute an agreement by and between the City and the applicant(s),
by which the City may recover all costs, including man-hours, equipment,
materials, supplies, etc., associated with the non-compliance.
