Note: Article 1 entitled "Streets, Alleys, and Public Places," consisting of Sections 7-1.101 through 7-1.124, codified from Ordinance No. 486, as amended by Ordinance Nos. 1175 and 1384, amended in its entirety by Section 2, 3, and 4, Ordinance No. 2205 c.s., effective June 30, 1977. Article 2 entitled "Private Premises," consisting of Sections 7-1.201 through 7-1.205, codified from Ordinance No. 1176, repealed by Section 1, said Ordinance No. 2205 c.s.
It is unlawful for any person to make, or cause or permit to
be made, any excavation in or under the surface of any public street,
alley, public place, or any private land for the installation, repair,
or removal of any pipe, conduit, duct, tunnel, curb, sidewalk, or
driveway, or for any other purpose, without first obtaining from the
City Engineer a written permit to do so.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977)
Upon making application for a permit as required by the provisions
of this chapter, the applicant shall pay to the City a permit fee.
The fee for such permit shall be fixed and set by Resolution of the
City Council.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977, as amended by § 1, Emergency Ord. 2245-A, eff. June 19, 1978; reenacted
by § 1, Ord. 2245 c.s., eff. July 19,
1978; as amended by § 3, Ord. 2522 c.s., eff. December 15, 1988)
A written application shall be required for each permit required
by the provisions of this chapter. Such application shall set forth
the name and residence or business address of the applicant and shall
state in detail the location and area of each excavation intended
to be made and the purpose for which the excavation shall be made.
The application shall be accompanied by a plat in duplicate showing
the location of each proposed excavation, the dimensions thereof,
and such other details as may be required to be shown upon such plat;
provided, however, the filing of plats shall not be required where
excavations are made for service connections, or for the location
of trouble in conduits or pipes, or for making repairs thereto. The
applicant shall show legal authority to occupy and use the street,
alley, sidewalk, public place, or any private land wherein the excavation
is proposed to be made.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977)
It is unlawful for any person to make, or cause or permit to
be made, any excavation, or to install or maintain, or cause or permit
to be installed or maintained, any tank, pipe, conduit, duct, or tunnel
in or under the surface of any public street, alley, sidewalk, public
place, or any private land at any location other than as described
in the application and shown on the plats filed by the applicant.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977)
When the application for a permit and the accompanying plats,
when required, comply with the provisions of this chapter, the application
and plats shall be approved by the City Engineer. After such approval,
one of the duplicate plats shall be filed in the office of the City
Engineer as a public record. The application and the other duplicate
plat shall be filed with the City Engineer, together with special
deposits in the form of a bond or sum of money equal to One and no/100ths
($1.00) Dollar per square foot of affected City right-of-way, as follows:
(a) The
area defined by the property street frontage dimension times the parkway
width; and/or
(b) The
area defined by the property alley frontage dimension times one-half
the alley width; or
(c) The actual area of construction on the City right-of-way. The formulas set forth in subsections
(a) and
(b) of this section shall be used when construction on private property is covered by a permit issued by the Chief Building Official.
The formula set forth in subsection
(c) of this section shall be used when construction is totally within a City right-ofway or on private property not covered by a permit issued by the Chief Building Official.
No deposit shall be less than the sum of Two Hundred and no/100ths
($200.00) Dollars. Any person intending to make excavations in public
streets, alleys, public places, or any private land may make and maintain
with the City a general deposit in the sum of One Thousand and no/100ths
($1,000.00) Dollars, which shall be used for the same purpose as the
special deposits, and while such general deposit is maintained, such
person making the general deposit shall not be required to make the
special deposits required by this section.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013)
Upon the receipt of the application, approved duplicate plats,
and the deposits required by this chapter, the City Engineer shall
issue a written permit to make such excavation and shall open and
keep an account thereof; provided, however, the City Engineer shall
not issue such permit unless the applicant has legal authority to
occupy and use the street, alley, sidewalk, public place, or any private
land covered by the application for the purpose applied for. The permit
shall state whether the work to be done is covered by a general or
special deposit and, if a special deposit, shall state the amount
thereof and be a receipt therefor. The permit shall also specify the
name of the person to whom the permit is issued, the street, alley,
public place, or any private land and the particular portions thereof
to be excavated, and the extent of such excavation. No permit shall
be transferable. Every permit shall become and be void unless the
excavation to be made pursuant thereto is commenced within 10 days
after the date of the issuance of the permit and the work is diligently
prosecuted.
(§§ 3, 4, Ord. 2205 c.s,
eff. June 30, 1977)
All excavations and construction described in the permit and
shown on the plat shall be done under the supervision of an inspector
duly authorized by the City Engineer.
(§§ 3, 4, Ord. 2205 c.s,
eff. June 30, 1977)
When making an application for a permit, the applicant shall
pay to the City an inspection fee, to cover City costs for one (final
inspection) inspection of forms for placement of concrete or pavement;
or placement of pipe or conduit and one (final inspection) for proper
placement of concrete or pavement; or backfilling of trenches over
pipe or conduit. The fee for such inspection shall be fixed and set
by Resolution of the City Council.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977, as amended by § 1, Emergency Ord. 2245-A, eff. June 19, 1978; reenacted
by § 1, Ord. 2245 c.s, eff. July 19,
1978, as amended by § 3, Ord. 2522 c.s., eff. December 15, 1988)
If the concrete or asphaltic concrete surface of the disturbed
pavement is not replaced by the person making the excavation within
six days or an appropriate length of time determined by the City Engineer,
the City Engineer is hereby authorized to replace such pavement and
to collect from the person liable for such work the cost of replacing
the pavement. If the payment for such replacement work is not made
within a reasonable period of time, the cost of the replacement work
shall be deducted by the City from the deposits retained by the City
from the person making the excavation.
All money collected by the City Engineer or deducted from the
deposits for the cost of such replacements and inspections thereof
shall be paid to the City Treasurer and placed in the Street Fund.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977)
It shall be the duty of every person making any excavation in
any public street, alley, public place, or any private land to maintain
safe crossings for vehicle traffic at all street intersections and
safe crossings for pedestrians at intervals of not more than 300 feet.
If an excavation is made across any public street or alley, at least
one safe crossing shall be maintained at all times for vehicles and
pedestrians. Free access shall be provided to all fire hydrants and
water gates.
(§§ 3, 4, Ord. 2205 c.s.,
eff. June 30, 1977)
All materials excavated shall be laid compactly along the side
of the trench and be kept trimmed so as to cause as little inconvenience
as possible to public travel. If the street is not wide enough to
hold the excavated materials without using part of the adjacent sidewalk,
the person by whom the excavation is made shall erect a tight board
fence upon and along such sidewalk and keep a passageway at least
six (6') feet in width open upon and along the sidewalk.
(§ 3, Ord. 2205 c.s., eff. June 30, 1977)
All gutters shall be maintained free and unobstructed for the
full depth of the adjacent curb and for at least one foot in width
from the face of such curb at the gutter line. Wherever a gutter crosses
an intersecting street, an adequate waterway shall be provided and
maintained at all times.
(§ 3, Ord. 2205 c.s., eff. June 30, 1977)
It shall be the duty of every person making any excavation in
any public street, alley, or other public place to place and maintain
barriers at each end of such excavation and at such places as may
be necessary along the excavation to prevent accidents. Each such
person shall also place and maintain lights at each end of such excavation
and at distances of not more than fifty (50() feet along the line
thereof from sunset each day until sunrise of the next day until such
excavation is entirely refilled.
(§ 3, Ord. 2205 c.s., eff. June 30, 1977)
After such excavation is commenced, the work of making and refilling
the excavation shall be prosecuted with due diligence so as not to
obstruct the public street, alley, or other public place, or travel
thereon, more than is necessary. If the work is not so prosecuted,
or if the work of refilling, in the judgment of the City Engineer,
does not comply with the provisions of this chapter, the City Engineer
shall notify the person named in the permit that the work is not being
prosecuted with due diligence or that refilling of such excavation
has not been properly done and shall require such person, within five
days after the service of such notice, to proceed with the diligent
prosecution of such work or properly to complete the work, as the
case may be. Such notice shall be written or printed and shall be
served personally or by leaving the notice at the residence or place
of business of such person. If the person cannot be found, and the
place of business or residence is unknown or is outside the City,
the notice may be served by depositing the notice in the post office
in a sealed envelope, postage fully prepaid, addressed to such person
at his place of business or residence, if known, or, if unknown, at
the City of Redondo Beach. If the notice is not complied with, the
City shall do such work as may be necessary to refill such excavation
and to restore the public street, alley, or other public place, or
part thereof, excavated to as good a condition as it was in before
such excavation was made.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
The person by whom any excavation shall be made in any public street, alley, public place, or any private land shall be deemed and held to guarantee the work of refilling and the repair thereof for a period of one year after the refilling of such excavation against all defects in workmanship or materials. Whenever within such period of one year any part of the pavement or surface of any public street or place so guaranteed becomes in need of repairs by reason of any defect in workmanship or materials used in such work of refilling or repair, the City Engineer shall serve on the person by whom the excavation was made a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of the notice. The notice shall be served in the manner provided in Section
7-1.14 of this chapter, and if the notice is not complied with, the City Engineer shall at once make such repairs.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
The balance of each special deposit made pursuant to this chapter,
after the deductions provided for have been taken, shall be retained
by the City for one year after the date of the completion of the work
which the deposit covers. The City shall also deduct the cost of any
work done or repairs made by the City Engineer from any and all deposits
then on hand, belonging to, or that may thereafter be made by any
person required by this chapter to do any work or to make any repairs
who shall have failed, refused, or neglected to perform such work
or to make such repairs.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
After the expiration of the period of one year, the special
deposits made, less the deductions made, shall be returned to the
person making the deposits or to his assigns. Each general deposit
may be returned at any time to the person making the deposit or to
his assigns after first making the deductions therefrom as authorized
by the provisions of this chapter; provided, however, the City shall
retain from each general deposit such amounts and for such period
of time as would be required by this chapter if the amount of such
general deposit had been paid as special deposits for permits for
the several excavations made by reason of the general deposit.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
All excavations, refilling of excavations, and repairing of
street surfaces pursuant to the provisions of this chapter shall be
made under the supervision and direction of the City Engineer. It
shall be the duty of the City Engineer to supervise and direct all
such making and refilling of excavations and repairing of street surfaces
and to require that all such excavations, refilling, and repairing
comply with the requirements of the laws of the City.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
It shall be the duty of every person owning, using, controlling,
or having an interest in pipes, conduits, ducts, or tunnels under
the surface of any public street, alley, sidewalk, public place, or
any private land for supplying or conveying gas, electricity, water,
steam, ammonia, or oil in, to, or from the City, or to or from its
inhabitants, or for any other purpose, upon the demand of the City
Engineer, to file in his office, upon 24 hours' notice, such
maps as shall be demanded by the City Engineer, which maps shall show
in detail the exact location, size, description, and date of installation,
if known, of all mains, laterals, services, and service pipes and
of all valves, pressure regulators, drips, manholes, handholes, transformer
chambers, or other appliances installed beneath the surface of the
public streets, alleys, sidewalks, public places, or any private land
in the City belonging to, used by, or under the control of such person
or in which such person has any interest.
It shall also be the duty of every person, upon the demand of
the City Engineer, upon 24 hours' notice, to file such corrected
maps as shall be demanded by the City Engineer, which maps shall show
the complete installation of all such pipes and other appliances,
including all installations made during the previous year to and including
the last day of such year.
Each such map shall be accompanied by an affidavit endorsed
thereon, subscribed and sworn to by such person, or by a member of
such firm, or by the president or secretary of such corporation, to
the effect that the map correctly exhibits the details required by
this chapter to be shown thereon.
Whenever any pipe, conduit, duct, tunnel, or other structure
located under the surface of any public street, alley, public place,
or any private land, or the use thereof, is abandoned, the person
owning, using, controlling, or having an interest in the same, within
30 days after such abandonment, shall file in the office of the City
Engineer a map giving in detail the location of the pipe, conduit,
duct, tunnel, or other structure so abandoned. Each map filed shall
show in detail the location of all such pipes, conduits, ducts, tunnels,
or other structures abandoned subsequent to the filing of the last
preceding map.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
It is unlawful for any person to make, or cause or permit to
be made, any excavation under, or to remove, or cause or permit to
be removed, any earth, dirt, or other formation from under that portion
of any sidewalk lying between the curb line and any point in such
sidewalk four (4() feet distant from such curb line, or to construct,
or cause or permit to be constructed, any wall or other structure
under any sidewalk within four (4() feet of such curb line, except
for the purpose of constructing and maintaining a sidewalk freight
elevator, which construction shall not occupy a space longer than
ten (10') feet measured parallel to the curb line; provided, however,
the Council, in its discretion, may issue permits for excavating under
that portion of any sidewalk lying between the curb line and any point
in such sidewalk four (4() feet distant from such curb line if the
official width of the sidewalk is ten (10() feet or less.
The provisions of this section shall not prevent necessary excavations
for laying pipe connections across such portions of the sidewalks.
Any permit issued pursuant to the provisions of this section
may be revoked by the Council at any time it may become necessary
to construct any sewer or water main, pipeline, conduit, or other
public work of any kind along, in, or through the excavation constructed
or maintained under the authority of such permit. The City shall have
the right to use any portion of any such excavation for the construction
and maintenance of any such sewer or water main, pipeline, conduit,
or other public work or improvement. Such excavations shall be so
constructed and maintained as to afford lateral, sublateral, adjacent,
and overhead support of the surrounding embankments and structures
satisfactory to the Council. Before the permit required by the provisions
of this section is issued, a detailed plan of the excavation, showing
the proposed location thereof and all appurtenances thereto, shall
be filed in the office of the City Engineer.
(§ 3, Ord. 2205 c.s., eff. June 30, 1977)
All surplus materials removed, if required by the City Engineer
shall be delivered to such places as he shall direct provided the
distance does not exceed one mile.
(§ 3, Ord. 2205 c.s., eff. June 30, 1977)
The provisions of this chapter shall not apply to any work done or to be done along, in, or upon any public street, alley, public place, or any private land pursuant to any law of the State providing for the improvement thereof or to any work done or to be done along, in, or upon any street, alley, public place, or any private land pursuant to any contract for improvement authorized by the Council; provided, however, the provisions of Sections
7-1.10 through
7-1.13 of this chapter shall apply to all such work and to all excavations made.
The provisions of this chapter shall not apply to excavations
made by any department of the City in the discharge of official duties.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
The provisions of this chapter shall not be construed to prevent
any person maintaining any pipe or conduit in any public street, alley,
public place, or any private land by virtue of any law or permit from
making such excavations as may be necessary for the preservation of
life or property when the necessity arises; provided, however, the
person making such excavation shall obtain a permit therefor within
four hours thereafter.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
Every permit for an excavation in or under the surface of any
public street, alley, public place, or any private land shall be granted
subject to the right of the City or of any other person entitled thereto
to use that part of such street, alley, public place, or any private
land for any purpose for which such street, alley, public place, or
any private land may lawfully be used.
(§§ 3 and 4, Ord. 2205 c.s., eff. June 30, 1977)
The provisions of the latest edition of the "Standard Specifications for Public Works Construction" and the latest edition of the "Standard Plans for Public Works Construction," prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of California Joint Cooperative Committee, are hereby adopted and made applicable to all public works construction, except for any portion or provision which requires the payment of prevailing wages or any adherence to the provisions of Articles 1, 1.5 or 2 of Chapter 1, Part 7, Division
2 of the California
Labor Code, or with any provisions of the
California Administrative Code enacted pursuant to those Articles. Such Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction, and each portion and provision thereof except for any portion or provision which requires the payment of prevailing wages or any adherence to the provisions of Articles 1, 1.5 or 2 of Chapter 1, Part 7, Division
2 of the California
Labor Code, or with any provisions of the
California Administrative Code enacted pursuant to those Articles, shall be and become the standard specifications and the standard plans for the City, regulating and governing operations on contracts for public improvements awarded by the City and for all work performed by other persons or agencies in the City or under any permit issued by the City insofar as such specifications are applicable to such work; provided, however, special provisions in the specifications and notes on plans may be provided when needed to supplement such standard specifications. Notwithstanding anything in this section to the contrary, as to contracts involving City expenditures of less than Fifty Thousand and no/100ths ($50,000.00) Dollars, the plans and specifications shall be in the form required by the City Engineer and any applicable bond requirements may be waived by the City Engineer.
Three copies of said standard specifications adopted by this
section by reference are on file and open to public inspection in
the office of the City Clerk.
(§ 1, Ord. 1531, as amended
by § 1, Ord. 1757 c.s., eff. April
16, 1962, § 2, Ord. 1993 c.s., eff. June 25, 1969, § 1, Ord. 2018 c.s.,
eff. May 20, 1970, § 1, Ord. 2181 c.s., eff. August 5, 1976, § 1, Ord. 2271 c.s., eff. August 8, 1979,
§ 1, Ord. 2336 c.s., eff. July 21,
1982, § 1, Ord. 2439 c.s., eff. June 12, 1986, § 1, Ord. 2527 c.s.,
eff. February 2, 1989, and § 1, Ord.
3098 c.s., eff. November 2, 2012)
(§ 2, Ord. 1531; repealed by
§ 1, Ord. 1993 c.s., eff. June 25,
1969)
The provisions of the latest editions of the "State of
California, Business, Transportation and Housing Agency, Department
of Transportation Standard Specifications" and "State
of California Business, Transportation and Housing Agency, Department
of Transportation, Standard Plans," issued by Department of
Transportation (Caltrans) are hereby referred to, adopted, and made
a part of this chapter as if fully set forth in this chapter.
Three copies of said standard specifications and standard plans
adopted by this section by reference are on file and open to public
inspection in the office of the City Clerk.
(§ 2, Ord. 2527 c.s., eff. February 2, 1989, as amended by § 2, Ord.
3098 c.s., eff. November 2, 2012)