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 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)
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.
D. 
The cost shall be computed as provided in Sections 12.28.080 through 12.28.110.
(Prior code §§ 7353, 7361—7361.2; S.D. Co. Ord. 989 N.S. §§ 89, 92)
A. 
The City shall deduct the following from any deposit made or maintained by the permittee:
1. 
The permit issuance fee if that has not otherwise been paid;
2. 
The cost to the City of refilling any excavation or removing any obstruction;
3. 
The cost to the City calculated pursuant to the provisions of Sections 12.28.080 through 12.28.110, of resurfacing the highway;
4. 
The cost of any inspection by the Director.
B. 
After making the deductions specified in subsection A of this section, the City shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust moneys.
(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.
C. 
If such amount is not paid within 15 days of the transmission of such bill, the Director may deduct such amount from the general deposit, and the provisions of Sections 12.28.210 and 12.28.220 shall apply.
(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)