For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"City engineer"
means the city engineer of the city.
"Highway"
means any public highway, public street, public way, public alley or public place in the city, either owned by the city or dedicated to the public for the purpose of vehicular or pedestrian travel.
"Permit"
means written authorization from the city engineer to enter or encroach upon a highway as defined by this chapter.
"Public agency"
means the United States or any department or agency thereof, the state or any department or agency thereof and any county or municipal corporation or public district.
(Prior code § 26-4; Amended during 1990 codification)
A. 
Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this chapter, the holder of the excavation permit shall promptly and in a workmanlike manner refill and recompact the excavation or remove the obstruction to the satisfaction of the city engineer.
B. 
If any holder of a permit fails or refuses to refill or compact any excavation which he has made or remove any obstruction which he has placed on any highway, the city engineer may do so and the applicant shall promptly reimburse the city for the costs thereof.
(Prior code § 26-5; Amended during 1990 codification)
After completion of the refilling and compacting of the backfill material in the excavation as specified and the removal of the obstruction, the holder of the excavation permit shall promptly replace with temporary or permanent patching material or repair any portion of the highway surface, curb, gutter, sidewalk, driveway or any other public or private facilities which were removed or damaged by the excavation, obstruction or construction operations in accordance with city standards therefor and to the satisfaction of the city engineer.
(Prior code § 26-6; Amended during 1990 codification)
A. 
The city shall not issue any permit to allow a cut on a public street, avenue, alley, court, place, highway or public way in the city that had been paved, constructed, or reconstructed within the preceding five years, unless the director of public works grants an exemption.
B. 
The city shall not issue any permit to allow a cut on a public street, avenue, alley, court, place, highway or public way in the city that had been resurfaced within the preceding two years, unless the director of public works grants an exemption.
C. 
Exemptions may be considered for the following:
1. 
An emergency that endangers life or property; or
2. 
A situation involving the interruption of an essential utility service; or
3. 
Work that is mandated by the city or a state or federal agency; or
4. 
Work necessary to provide utility service for buildings or properties where no other reasonable means of providing service exists; or
5. 
Necessary work, as determined by the director of public works.
D. 
Repaving work under an exemption shall comply with the city's "Street Cut Moratorium Repaving Requirements"; however, the director of public works may determine that alternate repaving requirements are appropriate due to circumstances unique to the restoration site.
(Ord. 1624 § 2, 2017)
The city engineer may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resurfacing or repairing of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit issued under this chapter.
(Prior code § 26-7)
If, after the refilling of an excavation, the holder of an excavation permit fails or refuses to resurface or repair that portion of the surface of the highway damaged by him or her or if the city engineer has elected to do such resurfacing or repairing, the city engineer shall do so and the permit holder shall be charged with the costs thereof computed by the city engineer as provided in Section 12.08.090, including all inspection fees.
(Prior code § 26-8; Amended during 1990 codification)
Whenever in this chapter any costs are to be charged to any holder of an excavation permit, such costs shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any employee and the contractor, plus the costs of overhead, inspections and plan checking.
(Prior code § 26-9; Amended during 1990 codification)
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 any other cause attributable to such excavation or obstruction, the holder of the excavation permit shall pay to the city the costs of such additional repairs made by the city engineer. The cost shall be computed by the city engineer as provided in Section 12.08.090.
(Prior code § 26-10; Amended during 1990 codification)
Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling in accordance with the requirements of the city engineer.
(Prior code § 26-11; Amended during 1990 codification)
A. 
In backfilling there shall be no flooding of the trench within the upper twenty-four inches. All loose backfill shall be dampened and well tamped with a pneumatic tamper or in any other workmanlike manner satisfactory to the engineer, to obtain ninety percent relative compaction. All such work shall be performed as required by the city engineer.
B. 
The holder of the excavation permit shall comply with any and all directives issued by the city engineer in order to prevent dust or other material from becoming a nuisance or annoyance.
(Prior code § 26-13; Amended during 1990 codification)
Each holder of an excavation permit shall take adequate precautions for the protection of the traveling public. Barricades, red lights and warning signs, together with flagpersons where necessary, shall be maintained until the excavation is refilled, the obstruction is removed and the roadway is safe for the use of the traveling public. The city engineer may specify, as a condition of the issuance of the permit, the safety devices or measures to be used by the permit holder, but the failure of the city engineer to so specify the devices or measures to be used shall not relieve the permit holder of his or her obligation under this section.
(Prior code § 26-14)