The provisions of this chapter apply only to permits for the
making of excavations, fills or obstructions.
(Prior code § 7311; S.D. Co. Ord. 989 N.S. § 70)
A.
No permit shall be required in advance of performing work of the persons, firms or agencies listed in Section 12.20.060, or of any public utility company subject to regulation by the Public Utilities Commission or of any distributor of public water supply for excavations required for service connections to existing pipelines or conduits maintained in highways or for excavations reasonably necessary for the location of trouble in such pipelines or conduits or the making of necessary repairs but not replacements thereto.
B.
In
such event, however, a report of the excavation in such form as may
be required by the Director shall be filed with the Director within
five days after the excavation is made and all provisions of this
title for the protection of the public and governing repairs to the
highways shall apply to the same extent as where applications and
permits are required.
C.
There
shall be paid with each such report the same fees and deposits as
would otherwise be required for a permit.
D.
In
all other cases, each applicant for an excavation permit shall file
with the Director as a condition to the granting of the permit, such
plats, maps and descriptions of the work to be done as may be reasonably
required by the Director for the purpose of maintaining full and complete
records of the structures within the highways, and for establishing
responsibility for the protection of the public and repairing the
property damaged by such installation.
E.
Any
person who is subject to the rules and regulations of the Public Utilities
Commission of the State of California shall not be required to obtain
a permit to maintain and repair any existing telephone or electric
poles and lines, the installation of which was authorized by a permit
issued by the City or the City Manager, or to replace such poles or
lines or to interest poles between such poles or to replace such poles
lineally within a line of such poles or to place or replace anchors
lineally within a line of such poles or to remove any pole or anchor;
provided, however, this section shall not authorize the lateral movement
(as related to the centerline of the highway) of any pole or anchor
without first obtaining a permit therefor as required by this chapter;
provided further, however, that any person excused by this section
from obtaining a permit shall be deemed to be a permittee while performing
any work referred to in this section and shall comply with all regulations
and requirements of this chapter imposed on a permittee or otherwise
imposed on such person.
(Prior code §§ 7313—7313.4; Ord. 79 §§ 72, 72.1, 1957; Ord. 97 § 2, 1958; S.D. Co. Ord. 989 N.S. §§ 72, 72.1)
A.
After
any public highway, street or alley has been constructed, reconstructed,
or paved by City forces, under City contract, or under permit, the
pavement surface shall not thereafter be cut or opened for a period
of five years from completion of the construction, reconstruction
or paving. For any public highway, street or alley that has been slurry
sealed only (without any other construction, reconstruction or pavement
work by City forces, under City contract or under permit) the pavement
surface shall not thereafter be cut or opened for a period of one
year from completion of the slurry sealing.
B.
Pursuant
to the terms of an adopted Council policy, the Public Works Director
may grant exemptions to these prohibitions, which may include the
facilitation of development on adjacent properties, emergency repairs
to subsurface facilities, underground service connections to adjacent
properties, upgrading of underground utility facilities or compliance
with applicable law.
C.
When
granting exemptions to this section, the Public Works Director may
impose conditions determined appropriate to insure the rapid and complete
restoration and the surface paving of the public highway, street or
alley. Repaving may include surface grinding, base and subbase repairs,
or other related work as needed, and may include up to full-width
surface paving of the public highway, street or alley.
D.
When
an exemption is granted, if the Public Works Director determines that
final repaving of the public highway, street or alley is not appropriate
at that particular time for reasons relating to weather or other short-term
problems, the Public Works Director may grant a delay until proper
conditions allow for repaving.
(Ord. 2012-1134 § 1)
The application for a permit for the making of excavations,
fills or obstructions in any highways shall state in detail the following:
A.
The
location, dimensions, purpose, extent and nature thereof;
B.
The
time during which it is estimated that such excavation or obstruction
will exist.
(Prior code § 7312; S.D. Co. Ord. 989 N.S. § 71)
The Director may require each applicant for a permit to file
with him or her proof of the applicant's right to use the highways
for the purposes set forth in the application.
(Prior code § 7314; S.D. Co. Ord. 989 N.S. § 73)
The Director may require such changes in the location of the
proposed excavations, fills or obstructions as may be necessary to
prevent undue interference with the use of the highway for other lawful
purposes, providing that the changes required will not unreasonably
interfere with the applicant's rights of such use.
(Prior code § 7315; S.D. Co. Ord. 989 N.S. § 74)
Every application shall contain a statement, signed by the applicant,
that as to any encroachment not placed in the right-of-way belonging
to the applicant which is prior in time and/or right to the City's
right-of-way, if any tank, pipe, conduit, duct or tunnel placed in
the excavation or obstruction for which a permit is issued interferes
with the subsequent improvement, grading or realignment of the highway
by the City, then the applicant and his or her successors or assigns
will at his or her own expense remove such tank, pipe, conduit, duct
or tunnel, or relocate at a location designated by the Director.
(Prior code § 7316; S.D. Co. Ord. 989 N.S. § 75)
Nothing in this chapter prohibits any person from maintaining,
by virtue of any law, ordinance or permit, any pipe or conduit in
any highway, or from making such excavation as may be necessary for
the preservation of life or property when such necessity arises during
such hours as the offices of the City are closed, if the person making
such excavation obtains a permit therefor within one day after the
offices of the Director are first opened subsequent to the making
of such excavation.
(Prior code § 7318; S.D. Co. Ord. 989 N.S. § 98)
Except as provided in Section 12.20.060, and except in the case of construction under contract with the City where a faithful performance bond is posted which guarantees to the City the repair of the highway, including construction financed in whole or in part by special assessment, each applicant shall deposit with the Director a sum of money, in no event less than $10.00, which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or obstruction.
(Prior code § 7321; S.D. Co. Ord. 989 N.S. § 76)
The cost shall be estimated by multiplying the number of square
feet of surface which may be damaged as shown by the application and
plat, and the number of inches of thickness, plus one inch, by such
sum as the Council by order determines to most adequately represent
the actual cost. Such order shall in no event specify a sum greater
than $0.25. The Council may change and revise such order from time
to time. In the absence of any such order, the amount shall be $0.10.
In all cases, the cost shall be presumed to be not less than one dollar.
(Prior code § 7322; S.D. Co. Ord. 989 N.S. § 76)
A.
In lieu of making the special deposit required by Section 12.28.080, the applicant may make and maintain with the Director a general deposit in an amount estimated by the Director to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, but not to exceed $1,000.00.
B.
The general deposit shall be held and used for the same purposes as the special deposit prescribed by Section 12.28.080.
C.
While
a general deposit is maintained in an amount sufficient to cover the
amount of deposit required for the making of any excavation or obstruction
sought to be made, the applicant need not make any special deposit.
(Prior code §§ 7323—7324; S.D. Co. Ord. 989 N.S. §§ 77, 78)
If, in the opinion of the Director, any special or general deposit
is not sufficient for the proper protection of the public interest
in the highways in which it is proposed to excavate or on which it
is proposed to place obstructions, the Director may require an additional
deposit in such amount as he or she determines will be sufficient
to protect such public interest.
(Prior code § 7325; S.D. Co. Ord. 989 N.S. § 79)
A.
If
any applicant for a permit complies in all respects with this title
and with all applicable provisions of all other ordinances and statutes,
the Director shall approve the application.
B.
Upon
approval, such application and any matter required to be filed as
a condition to the granting of the permit shall become public record.
C.
When
the Director approves an application for a permit he or she shall
issue the permit applied for.
(Prior code §§ 7331—7332; S.D. Co. Ord. 989 N.S. §§ 80, 81)
Permits issued under this chapter are nontransferable.
(Prior code § 7317; S.D. Co. Ord. 989 N.S. § 84)
Every permit for an excavation in or under the surface of any
highway shall be granted subject to the right of the City or of any
other person entitled thereto to use the part of such highway for
any purpose for which such highway may lawfully be used.
(Prior code § 7319; S.D. Co. Ord. 989 N.S. § 99)
The Director may cancel a permit unless the work therein permitted
is commenced within 60 days of the issuance thereof and thereafter,
in the opinion of the Director, is diligently prosecuted to completion.
(Prior code § 7343; S.D. Co. Ord. 989 N.S. § 85)
Every permittee who makes or causes to be made any excavation,
or constructs, puts upon, maintains or leaves any obstruction or impediment
to travel, or piles or places any material in or upon any highway,
or installs or maintains or causes to be installed or maintained any
tank, pipe, conduit, duct or tunnel in or upon, or under the surface
of any highway, at any location other than that described in the application,
as amended, if amended by the Director, and shown in the plat filed
with such application, or in any way contrary to the terms of the
permit, is guilty of a misdemeanor.
(Prior code § 7344; S.D. Co. Ord. 989 N.S. § 86)
A.
In
any permit issued by him or her, the Director may specify what lights,
barriers, warning signs or other measures designed to protect the
traveling public must be erected by the permittee.
B.
If
the permit does not specify the lights, barriers, warning signs or
other measures must be erected by the permittee, the permittee shall
place and maintain warning lights at each end of such excavation or
obstruction and at distances of not more than 50 feet along such excavation
or obstruction from sunset of each day to sunrise of the next day,
until such excavation is entirely refilled and resurfaced or such
obstruction is removed; and every said person shall place and maintain
barriers not less than three feet high at each end of any excavation
or obstruction at all times until such excavation is entirely refilled
or such obstruction is removed.
C.
The
upper portion of each of these barriers shall consist of a substantial
sign approximately one foot high and four feet wide and on each side
thereof bearing a sign complying with one of the following requirements:
1.
In
letters not less than three inches high and neither yellow nor black,
bearing the name of the permittee, on a background of alternate three-inch
black and yellow stripes; the stripes shall be at an angle between
45 and 60 degrees from the horizontal;
2.
In
letters not less than six inches high, bearing the word "excavation";
3.
In
conformity with the regulations adopted by the State Division of Highways
pursuant to Section 21406 of the Vehicle Code.
(Prior code §§ 7333, 7341, 7342; S.D. Co. Ord. 989 N.S. §§ 82, 83)
A.
Immediately
upon completion of the work necessitating the excavation or obstruction
permitted by any permit issued pursuant to this chapter, the permittee
shall promptly and in a workmanlike manner refill the excavation or
remove the obstruction.
B.
A permittee
shall refill an excavation in the manner which the Director determines
is most effective to accomplish thorough consolidation and enable
the highway to be restored to a condition equivalent to that in which
it was prior to the excavation.
C.
Upon
completion of the refilling of the excavation, the permittee shall
so notify the Director in writing on a form prescribed by the Director.
(Prior code §§ 7351, 7352, 7354; S.D. Co. Ord. 989 N.S. §§ 87, 88, 90)
A.
Upon
completion of the refilling of the excavation, the Director, at his
or her option, may require the permittee to resurface that portion
of the highway surface damaged by the permittee's excavation or obstruction,
or the Director may elect to do such resurfacing him or herself.
B.
Where
the pavement or surface has been removed, the permittee shall replace
it to a thickness one inch greater than that of the surrounding pavement
or surface and, in no event, to a thickness less than two inches.
C.
Where
a treated or modified subgrade or surface has been removed or destroyed,
the permittee shall replace it to a thickness of not less than that
of the surrounding or adjacent subgrade or surface, unless the Director
orders that the repair of such treated or modified subgrade or surface
shall be made by an oil and rock mixture, in which case the thickness
shall not be less than one-half the thickness of the treated or modified
surface or subgrade.
(Prior code §§ 7355—7355.2; S.D.
Co. Ord. 989 N.S. § 91)
A.
If
any permittee fails or refuses to refill any excavation which he or
she has made, or remove any obstruction which he or she has placed
in any highway, the Director may do so and charge the cost thereof
to the permittee.
B.
If
after the refilling of an excavation the permittee fails or refuses
to resurface that portion of the surface of the highway damaged by
him or her, or if the Director elects to do such resurfacing, the
Director may do such resurfacing.
C.
The
cost of such resurfacing shall be charged against the permittee, except
in those instances where the permittee's excavation is within an area
of pavement to be immediately reconstructed by the City, and the resurfacing
of the excavation is an integral part of the general City improvement.
(Prior code §§ 7353, 7361—7361.2; S.D. Co. Ord. 989 N.S. §§ 89, 92)
(Prior code §§ 7362, 7363; S.D. Co. Ord. 989 N.S. §§ 93, 94)
A.
If any deposit made is less than sufficient to pay all fees and costs provided for in Section 12.28.210, the permittee shall, upon demand, pay to the Director an amount equal to the deficiency.
B.
If
the permittee fails or refuses to pay such deficiency upon demand,
the City may recover the same by action in any court of competent
jurisdiction.
C.
Until
such deficiency is paid in full a permit shall not be issued to such
permittee.
(Prior code §§ 7364—7364.2; S.D.
Co. Ord. 989 N.S. § 95)
A.
If a person makes and maintains with the Director a general deposit, the deductions provided for in Section 12.28.210 need not be made.
B.
In
lieu of such deductions, the Director may bill such person for the
amount owed by him or her to the City under the provisions of this
chapter.
(Prior code §§ 7365—7365.2; S.D.
Co. Ord. 989 N.S. § 96)
A.
If
at any time subsequent to the first repair of a surface of a highway
damaged or destroyed by any excavation or obstruction in such highway,
it becomes necessary again to repair such surface due to settlement
or and other cause directly attributable to such excavation or obstruction,
the permittee shall pay to the Director the cost of such additional
repairs.
B.
If
the permittee fails or refuses to pay such additional costs upon demand,
the City may recover such additional costs by an action against such
permittee in any court of competent jurisdiction.
C.
Until
such costs are paid, the Director shall not issue any permits to such
permittee.
(Prior code §§ 7366—7366.2; S.D.
Co. Ord. 989 N.S. § 97)
