The council finds and declares as follows:
A. 
The City of Roseville spends a significant amount of taxpayer funds each year to improve and maintain public streets and alleys;
B. 
Nationwide studies have concluded that excavations in paved streets degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair. Certain studies have concluded that pavement degradation occurs no matter how well the excavation is restored;
C. 
The cutting of the pavement and trenching in the streets permits water seepage into the street as well as weakening pavement support around the patch, thereby allowing deterioration at an accelerated rate;
D. 
In order to determine the extent to which pavement degradation occurs, the city retained qualified pavement management consultants to evaluate the effect of excavations on the structure of local public streets. The results of this evaluation are on file in the office of the city engineer. The evaluation determined that even if pavement restoration in the trench itself appears to be structurally adequate, excavations damage the strength and life of the pavement located adjacent to the trench where the excavation occurs. The potential for damage to the pavement is magnified when a street is subject to multiple excavations being surfaced or resurfaced;
E. 
Millions of dollars in public funds have been invested to build, maintain, and repair the city's streets, and they are considered important assets of the community. It is desirable to adopt regulations that will help protect their structural integrity, thereby safeguarding the value of the public's investment. Accordingly, it is appropriate to require that reasonable fees be paid to help offset the shortened life of the streets when they are cut. These fees should provide an incentive encouraging utilities to install, maintain, and repair their underground facilities without making unnecessary excavations whenever feasible, and should promote better coordination among utilities making excavations and between these utilities and the city to: (1) minimize the number of excavations being made wherever feasible, and (2) ensure that excavations are performed, to the maximum extent possible, in streets scheduled for resurfacing within the same or succeeding fiscal year;
F. 
Excavations cause the greatest damage to streets that are newly surfaced and/or possess a high pavement quality index (PQI) rating, as defined by the city's pavement management system. Therefore, there shall be an excavation moratorium on streets surfaced within five years and/or with a PQI of 8.5 or greater. The city engineer, in his or her discretion, may grant a waiver for good cause;
G. 
Requiring the payment of a fee for excavations not undertaken with the city's resurfacing program will provide an important incentive for utilities to coordinate their excavations with other utilities and with the city's street resurfacing schedule, to avoid excavations in these streets wherever feasible;
H. 
Entities making and benefiting from an excavation in a city street also shall comply with standards for compacting, backfilling and pavement restoration and resurfacing that ensure the best possible restoration of the paved surface over and adjacent to the trench or cut;
I. 
Provisions of state law, including, but not limited to, Sections 7901 and 12808 of the California Public Utilities Code, grant to some utilities the right to install underground facilities in public streets, while utilities not granted such statutory rights to install underground facilities generally must obtain franchises and pay annual franchise fees in order to do so. Utilities granted the right to install underground facilities within public streets by have claimed that federal and state law prohibit cities from charging them a trench cut fee. Utilities that provide compensation to cities through the payment of annual franchise fees have also claimed that they cannot legally be required to pay additional trench cut fees, because they claim that all costs associated with their use of city streets have already included in their annual franchise fee;
J. 
Reasonable trench cut fees are not in conflict with or otherwise affected by provisions of state law granting some utilities the right to install underground facilities within city streets, because trench cut fees are not charged for the same right granted by state law, but, instead, are charged to recover the costs of mitigating the damage that the excavation causes to the pavement over and adjacent to the trench. Similarly, trench cut fees do not conflict with the right of any utility issued a franchise by and paying an annual franchise fee to the city, because: (1) a franchise is intended solely to authorize a utility's use of city streets, ways, alleys and places, (2) franchise fees established for franchises were not intended to recover the costs of mitigating damage to the pavement over or adjacent to the trench; nor was this damage known to the city when fees for the city's existing franchises were established, (3) the city does not use, nor is it required to use, franchise fee revenue to pay for street surfacing, resurfacing and/or reconstruction, and (4) franchises are subject to ordinances and regulations subsequently enacted by the city in the exercise of its police power;
K. 
Regulation of excavations in city streets to protect the public health, safety and welfare by reducing the disruption of and interference with public use of the streets, and helping to prevent damage and maintain the safe condition of the streets, is a valid and appropriate exercise of the city's police power, and is a municipal affair;
L. 
With respect to the installation of telecommunications facilities, Section 253(c) of the Federal Telecommunications Act of 1996 expressly recognizes the authority of local governments to impose reasonable non-discriminatory fees upon telecommunications providers using the public right-of-way, and California Government Code Section 50030 specifically authorizes the imposition of permit fees that do not exceed the reasonable costs of providing the service for which the fee is charged. Trench cut fees imposed by this ordinance and any associated resolution are such reasonable fees.
(Ord. 3524 § 1, 2000; Ord. 5279 § 13, 2014)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Applicant"
shall mean both the person applying for an excavation permit and the person owning the facility or installation for which the excavation will be made.
"City"
shall mean the City of Roseville.
"City engineer"
shall mean the city engineer for the city or an authorized representative.
"Excavation"
shall mean any cutting or trenching in or under the paved surface or subsurface of the public right of way for the installation, repair, replacement or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation.
"Hierarchy of streets"
shall mean the segmentation of city streets into designations of major arterial streets, minor arterial streets, collectors, and residential streets. Such designations are based on the volume of traffic and a street's purpose and location.
"Joint trenching"
shall mean any cutting or trenching coordinated between two or more utilities and/or the city.
"Moratorium streets"
shall mean those streets that: (1) have a pavement quality index of 8.5 or greater; or (2) were surfaced or resurfaced within the previous five years.
"Pavement Quality Index" or "PQI"
shall mean the value given the quality of the pavement surface of a street where a newly constructed or recently re-surfaced street is generally rated at 10.0 and an older street with poor pavement quality is generally rated at 3.0 or less.
"Permittee"
shall mean both the person receiving an excavation permit and the person owning the facility or installation for which the excavation will be made.
"Person"
shall mean any person, company, partnership, agency or other public or private entity.
"Planned major utility work"
shall mean any and all future excavations planned by a utility that will affect a particular area of any city street, alley, sidewalk or other public right-of-way for more than five days.
"Resurfacing"
shall mean any re-paving, overlay, seal or reconstruction which constructs a new pavement surface of greater than one-inch thickness over the entire width of the street, excluding crack seals. Those terms excluded from the definition of resurfacing shall include micropaving, Class 1 to 3 slurry seals, cape seals, and chip seals.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000; Ord. 5279 § 13, 2014)
It is unlawful for any person to make or cause to be made any excavation without first obtaining from the director an excavation permit in compliance with this chapter.
(Ord. 3524 § 1, 2000)
A. 
Before issuing an excavation permit, the director shall require a written application on a form furnished by the director, setting forth:
1. 
The name and residence or business address of the applicant;
2. 
The location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and
3. 
The purpose of the excavation.
B. 
The applicant shall attach to the application form a plan showing the location of the proposed excavation, the dimensions thereof, and any other details the director may require. The director may establish different requirements for blanket permits issued under Section 13.29.160 of this chapter.
(Ord. 3524 § 1, 2000)
A. 
Inspection Permit Fee. At the time the permit is issued, the applicant shall pay a nonrefundable inspection permit fee in an amount established by resolution of the city council to defray the city's costs to process the application and to inspect the excavation. The inspection permit fee is a good faith estimate of the time reasonably necessary to process the application and provide requisite inspections and backfill material testing costs. This may also include any costs incurred by the city to maintain an inventory or database of facilities that are installed, repaired or removed during the excavation for which the permit is issued. In any case where the director determines the fee to be inappropriate based on the amount of work to be done to process the application, to inspect the excavation and to maintain said inventory or database, or for other good cause shown, the director may waive the fee, in whole or in part.
B. 
Trench Cut Recovery Fee or Deposit. At the time any permit is issued for excavation of a paved street, the applicant shall pay a trench cut cost recovery fee or deposit, in addition to the fee required by subsection A. The fee shall be based upon the amount reasonably necessary to recover the calculated costs for all future maintenance, repair or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to adjacent pavement. Permittees may submit annual fee deposits, or may be invoiced quarterly upon the approval of the director, in lieu of submitting individual permit fees based upon an estimate of the permittee's trenching activity within the city for the given year. Should the fee deposit exceed the actual cost required under this chapter, the balance may be either refunded to the applicant or carried over to the subsequent year. The amount of the trench cut cost recovery fee shall be established from time to time by resolution of the city council. The director shall adopt procedures requiring the payment of the trench cut cost recovery fees by all city departments and divisions performing excavations in city streets.
C. 
Underground Service Alert Fees. Failure to comply with the city's underground service alert (USA) policies pursuant to an excavation permit, as provided in Section 13.29.060(B) of this chapter, causes the city to incur additional costs over and above the costs contemplated or covered by any other existing city fees. Therefore, failure to comply with the city's USA policies shall require the holder of the excavation permit to pay to the city the USA policy violation fees described in the city's USA policies and established by resolution of the city council to defray the city's costs to respond to and remedy such failure to comply.
D. 
Excavations Exempt from Fees. The trench cut cost recovery fee required by subsection B of this section shall not be charged for the following excavations:
1. 
Excavations in a street that the city has scheduled for resurfacing either during the fiscal year (July 1st—June 30th) when the excavation permit is issued or during the immediately following fiscal year;
2. 
Excavations in a street where the PQI is less than four on the date the excavation permit is issued;
3. 
Excavations for pot-holing or to install utility pole, at the discretion of the director;
4. 
Excavations that will include resurfacing of the street where the excavation is made, provided that the resurfacing is approved by the director;
5. 
Excavations made for a utility relocation required by the city to accommodate a proper governmental use of a street, alley, sidewalk or other public place;
6. 
Excavations required by reason of force majeure, war, or natural disaster; and
7. 
Excavations not requiring significant surface incision, at the discretion of the director, such as those involving pot-holing rather than trenching. "Pot-holing" is defined as minor excavation of no more than one square foot to determine subsurface conditions. Bore pit fees shall be based upon patch rates as shown in the adopted fee resolution.
8. 
Excavations that are backfilled and reconstructed according to the construction standard detail drawing designated "Deep Cut 'T' Patch Reconstruction," on file with the director and incorporated herein by this reference.
E. 
All moneys paid to the city under subsection B of this section shall be deposited in a special fund or funds and shall be expended only for the resurfacing, maintenance, and protection of city streets where excavation has occurred after the effective date of the ordinance adopting subsection B.
F. 
Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the director, and all backfilling, compacting and pavement restoration performed for any excavation shall comply with the city's current construction standards and the requirements of this chapter.
G. 
No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any street, alley, sidewalk or other public place to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the street, alley, sidewalk or other public place.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000; Ord. 4010 § 1, 2003)
A. 
Upon receiving a written application for an excavation permit and a plan, the director shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only excavations made pursuant to Section 13.29.150, Emergency excavations, and Section 13.29.160, Blanket permits, at least one working day prior to the start of work, the applicant shall telephone the city's engineering division referencing the permit number, informing the city of the date the work will commence. The director shall then assign a public works inspector to the job.
B. 
Each permit shall incorporate and require compliance with the city's underground service alert (USA) policy. The city's USA policy shall be approved by the director.
C. 
No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within 30 days from the date of its issuance and the work diligently completed.
D. 
Each permit shall state a time period for completion of all the work to be done thereunder. The director may grant extensions of time for good cause.
E. 
No person in violation of any requirement of this chapter shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director, for which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.
F. 
No permit shall be issued to excavate in a moratorium street; provided, however, that the director, in his or her discretion, may grant a waiver for good cause. In deciding whether to grant a waiver, the director shall consider, among other things, alternate routes and methods, the hierarchy of streets, the facilitation of new technology deployment and hardship cases. The director shall decide upon a waiver application within 10 working days after receipt of a written request. The director may place additional restrictions on a permit subject to a waiver. The director's decision regarding a waiver shall be final.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000; Ord. 4010 § 2, 2003)
A. 
It is unlawful for any person to make, cause or permit to be made, any excavation, or to install, cause or permit to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any public street, alley, sidewalk or other public place, at any location, other than that described in the application for the excavation permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account.
B. 
Failure to comply with requirements set forth in this chapter or on any permit shall be cause for revocation of the permit until the violations have been corrected or alternative requirements have been approved by the director.
(Ord. 3524 § 1, 2000)
Unless otherwise specified in the permit, the permittee shall perform the restoration of the asphalt pavement of any street, alley or other public place. Nothing in this section shall relieve the person opening or tearing up any pavement from the responsibility to maintain the excavation or installation in a safe condition until it is re-paved or otherwise restored in a manner acceptable to the director. In addition to all other applicable fees or charges, the permittee shall be responsible for appropriate interim pavement.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
A. 
No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than 300 feet in advance of the pipe, conduit or ducts being placed in the trench, except as specified in the special conditions of the permit, or with the consent of the director or his or her designee.
B. 
All excavations shall comply with the city's construction standards and requirements established from time to time by the director for compacting, backfilling and pavement restoration. The standards and requirements may impose different requirements for different excavations, taking into consideration relevant factors, such as (i) the location, type and extent of excavation performed, (ii) the condition of the surface being excavated, (iii) the period of time elapsed since the construction or most recent resurfacing of the surface being excavated, and (iv) street classifications. The standards and requirements shall be reviewed at least once every five years to determine whether any changes can be made to prevent or substantially reduce the degradation and damage caused to the street surface by excavation. As part of such review, the director shall provide affected utilities with an opportunity to review and comment upon the standards and requirements and any changes proposed thereto.
C. 
The excavated pavements and materials shall be removed within a reasonable period of time from the city right of way, provided that exceptions to this requirement may be approved by the director. After backfilling is completed, and prior to re-paving the cut, the contractor or applicant shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.
D. 
Whenever any caving occurs in the side walls of any excavation, the pavements above such caving shall be cut away at the expense of the permittee. In no case shall any void under a pavement be filled by any side or lateral tamping.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
In every case and at all times, the permittee shall remove from the streets all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation.
(Ord. 3524 § 1, 2000)
In case the pavement or the surface of the street or alley over any excavation should become depressed or broken at any time within one year after the excavation has been completed and before resurfacing of the street or alley, natural wear of the surface excepted, the permittee shall, upon written notice from the director, immediately proceed to inspect the depressed or broken area over the excavation to ascertain the cause of the failure. The permittee shall make repairs to the installation or backfill and have the pavement restored as specified by the director, within such time period as may be specified by the director. Additional inspection permit fees may be imposed as appropriate. The trench cut cost recovery fee established by Section 13.29.050(B), above, shall not be charged for work performed under this section. If the pavement is not restored as specified by the director within the time period specified by the director, and unless delayed by a strike or conditions beyond permittee's control, the director may cause the work to be done after giving the permittee 24 hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be assessed against the permittee. After the cost is paid to city, the city shall be responsible for any future repairs of that portion of pavement over the excavation that was repaired by city forces.
(Ord. 3524 § 1, 2000)
If any part of the work referred to in this chapter is not completed within the time required except by reason of force majeure, war, natural disaster, acts of God, legal holidays or delays caused by labor strife or an event beyond permittee's control, the director may notify the permittee in writing to complete the work within 15 working days, legal holidays excepted. If the work is not completed or pursued diligently by permittee within this time period, the director shall have full power to perform the work, including such work as will restore the work area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be assessed against the permittee.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
Permittee shall notify the director 24 hours prior to commencement of backfilling operations. Any person engaged in making or backfilling any excavation in any public street, alley, sidewalk or other public place, shall at all times while such work is in progress keep at the job location the original permit, or a copy thereof, and shall, on demand, exhibit the permit to the director or any police officer. At all times while the work is in progress the permittee shall also maintain at the job location, a sign, barricade, or other device bearing the permittee's name.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
Nothing in this chapter shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, alley, sidewalk, or other public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within one day after the offices of the city are first opened subsequent to the excavation. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter.
(Ord. 3524 § 1, 2000)
The director may issue blanket permits to any person to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter.
(Ord. 3524 § 1, 2000)
Neither the city nor any officer or employee thereof shall be held responsible for any damage caused by any excavations in any street, alley, sidewalk or other public place made by any person under the authority of a permit issued pursuant to the provisions of this chapter. The permittee shall be solely liable for any damage or loss occasioned by any act or omission occurring in connection with the excavation, and shall fully indemnify, hold harmless and defend city, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind (collectively "claims") to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. The city shall promptly notify a permittee, at the address set forth in the permit, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee in connection with an excavation.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
A. 
Any entity owning, operating or installing in city streets, alleys, sidewalks or any other public place, facilities providing water, sewer, gas, electric, communication, video or other utility services, is encouraged to prepare and submit to the director a conceptual utility master plan, in a format specified by the director, that shows the location of its planned major utility work in streets, alleys, sidewalks and other public places for the subsequent three years. The director shall confer with participating utilities and adopt procedures for implementing this subsection.
B. 
Any city department operating or installing utility facilities in public rights of way shall prepare and submit to the director a utility master plan that shows the location of the department's existing facilities and all of the department's planned future major utility work. An initial utility master plan shall be submitted no later than 180 days after the effective date of the ordinance codified in this chapter. Thereafter, each such department shall annually submit, on the first regular business day of July, a revised and updated utility master plan. In order to facilitate coordination and to minimize the cost of excavation, the director shall make all such department utility master plans available to other entities engaged in excavation activities.
C. 
The director shall make all utility master plans, submitted in accordance with subsections A and B of this section, available for public inspection, except as provided in subsection D of this section.
D. 
The director shall disclose information contained in any entity's three-year plan only on a "need-to-know" basis in order to facilitate coordination among excavators and to avoid unnecessary excavations. To the maximum extent legally permissible, the city shall not otherwise disclose any information contained in a submitted five-year plan that is proprietary, or a trade secret or is otherwise protected from disclosure; provided, however, that the city shall have no duty to decline to disclose any information that has not been identified on its face as proprietary, a trade secret or otherwise protected from disclosure. The director shall notify a participating entity of any request for inspection of public records that calls for disclosure of any five-year plan on which any information has been identified as proprietary, a trade secret or otherwise protected from disclosure. The director shall consult with the city Attorney regarding any such request and shall inform the affected entity either that the director will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the director intends to disclose the requested information unless ordered otherwise by a court.
E. 
The director shall prepare a five-year resurfacing plan showing street resurfacing by the city for the next five years. The five-year resurfacing plan shall be revised and updated on a semi-annual basis. The director shall make the city's five-year resurfacing plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the director and the utility public works Coordinator shall send a notice of the proposed work to all entities that have current utility master plans on file. The city shall not be liable for any entity's costs incurred as a result of changes in the city's resurfacing plan.
F. 
Prior to applying for an excavation permit, any entity planning to excavate in the city's streets, alleys, sidewalks or other public places shall review the utility master plans and the city's five-year resurfacing plan on file with the director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such streets, alleys, sidewalks or other public places.
G. 
Excavations in city streets disrupt and interfere with their use and damage the pavement. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among utilities making excavations and between these utilities and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure that excavations are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the city. Coordination also provides a means for utilities to avoid payment of a trench cut cost recovery fee either by eliminating the need for a new excavation, or, if an excavation is made, by allowing the excavation to qualify for an exemption from the trench cut cost recovery fee pursuant to Section 13.29.050(B) of this chapter. However, even utilities performing the best possible coordination will find it necessary to make excavations that do not qualify for an exemption from the trench cut cost recovery fee. For this reason, and in order to encourage maximum coordination, utilities coordinating and sharing common trenches shall pay a proportionately reduced trench cut cost recovery fee based upon each utility's proportional use of a joint trench.
The director shall adopt procedures for implementing this subsection.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
A. 
All utility installations permitted under this chapter shall, upon demand of the director, be relocated or lowered if required by the city to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating, lowering lines, pot-holing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee.
B. 
Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall provide plans showing changes from the original submittal, as requested.
C. 
Private parties and non-public utilities shall comply with the following additional requirements:
1. 
Insurance. Permittee agrees to maintain in full force and effect the following policies of insurance during the term of the permit:
COVERAGE
LIMITS OF LIABILITY
General Liability: including endorsements for premises operations, contractual, broad-form property damage, independent contractors, personal injury, explosion/collapse and underground hazard
Bodily Injury and Property Damage Combined Single Limits:
$5,000,000.00 each occurrence
Personal Injury:
$1,000,000.00 each occurrence
Automobile Liability: including endorsement for owned, hired and non-owned automobiles
Bodily Injury:
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
Property Damage:
$500,000.00 each occurrence
Worker's Compensation: all states
Statutory
Permittee shall submit a certificate evidencing such coverage in a form satisfactory to the city attorney, prior to undertaking any work hereunder. An endorsement showing the city, its officers, agents and employees as additional named insureds except for workers' compensation and professional liability shall be provided. The coverage shall be primary as to such additional insureds and the certificate shall provide at least 30 days' written notice to the city prior to cancellation or modification of any insurance required by this section. Any insurance written on a claims made basis is subject to the approval of the city attorney. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the permittee of liability in excess of such coverage, not shall it preclude the city from taking such other actions as are available to it under any other provision of state or local law.
2. 
If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the city a corporate surety bond or other security approved by the city attorney in the amount specified on the face of the permit, said bond or other security to fully assure the performance by permittee of all obligations imposed upon permittee under the provisions of the permit and this chapter.
(Ord. 3524 § 1, 2000; Ord. 3602 § 1, 2000)
A. 
A person directly and adversely affected by a decision made by the director pursuant to the provisions of this chapter may appeal the director's decision by filing a written notice of appeal with the city council no later than 10 working days after receiving notice of the director's decision. The notice of appeal shall set forth the name, mailing address and telephone number of the person appealing. The notice of appeal shall include or attach a statement describing the action being appealed, setting forth the grounds for the appeal, and describing the action requested of the city council. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. No later than 30 days after the filing of a timely notice of appeal, the city council shall render a decision on the appeal. A copy of the city council's decision shall be provided to the person appealing at the address shown on the notice of appeal.
B. 
Any person required to pay a trench cut cost recovery fee pursuant to Section 13.29.050(B) who desires to protest or otherwise challenge imposition of the fee shall tender to the city payment in full of the fee when due, accompanied by a written notice containing the following information:
1. 
A statement that the required payment is tendered under protest; and
2. 
A description of the factual and legal basis for the protest.
C. 
Any judicial action or proceeding to attack, review, set aside, void or annul the imposition of a trench cut cost recovery fee for which a written notice of protest is filed pursuant to subsection B shall be filed no later than 90 days after the notice is received by the city.
(Ord. 3524 § 1, 2000)
Should any part of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain in full force and effect.
(Ord. 3524 § 1, 2000)