No person shall dig up, plow up, remove or break the earth,
soil, stone, pavement, concrete or other surface of or otherwise injure
any highway or make any excavation, construct, place upon, maintain
or leave any material or any obstruction or impediment to travel in
or upon a highway or install or maintain any tank, pipes, conduit,
duct, tunnel or any other installation or improvement of any nature
across, upon, in, under or over any highway, unless he or she shall
have first obtained a permit as required by this chapter.
(Prior code § 26-15; Amended
during 1990 codification)
A.
No permit shall be required for or in connection with the installation of poles, guys, anchors or appurtenances in connection with poles, guys or anchors used or constructed and used under a franchise for public utility purposes where such poles, guys, anchors or appurtenances in connection with poles, guys or anchors are located outside of the paved or improved or traveled portion of the highway. However, such person, exempt under this section, shall comply with all other provisions of this article and shall pay all costs and charges and do all things in the manner and at the time provided in this chapter as if a permit were required. Such person also shall hold the city and its officials, employees and officers free and harmless pursuant to the provisions of Title 1 of this code.
B.
No permit shall be required for or in connection with the display of a temporary sign in compliance with subsection F of Section 19.904.030 of this Code.
(Prior code § 26-16; amended
during 1990 codification; Ord. 1671 § 7, 2019)
A.
Applications
for permits required hereunder shall be filed with the city engineer
upon printed forms to be prescribed and supplied by him or her. The
application shall be signed by the applicant and shall state the information
required by the city engineer.
B.
Applications
for permits shall be filed not less than three business days before
the work is proposed to be done.
C.
The
city engineer may require such changes in the application, with respect
to the location, dimensions, character or number of the proposed excavations,
fills, obstructions or encroachments as in his or her opinion may
be necessary for the protection of the highway, the prevention of
undue interference with traffic or to assure the safety of persons
using the highway.
(Prior code § 26-17; Amended
during 1990 codification)
The application required by Section 12.08.170 shall be accompanied by a plat which adequately shows the location, dimension, nature of the proposed excavation, obstruction or fill and any other detail which the city engineer may require.
(Prior code § 26-18; Amended
during 1990 codification)
A.
Each
application for an excavation or roadwork permit shall be accompanied
by an issuance fee in an amount established by resolution of the city
council, no part of which shall be returned to the applicant regardless
of the action taken on the application.
B.
In
addition to the application fee and other fees required, the applicant
shall provide the city engineer with an amount estimated by the latter
to be adequate to ensure the satisfactory completion and inspection
of all roadwork for which a permit has been issued. Said amount shall
be in the form of a cash deposit equal to the total estimated cost
of all roadwork to be done or in the form of a surety bond. Any bond
so provided shall be executed by a surety company authorized to transact
business in the state and in an amount equal to twice the total estimated
cost of performing the work to be done; provided, however, that the
minimum amount of the bond shall be not less than one thousand dollars,
nor the minimum period less than one year. The condition of the bond,
or cash deposit, shall be that the applicant will perform the work
authorized by any permit issued pursuant to this article in a good
and workmanlike manner and to the satisfaction of the city engineer.
(Prior code § 26-20; Ord. 1225 § 11, 1988; Amended during
1990 codification)
A.
Unless
the city engineer shall have authorized the applicant to perform the
resurfacing or repairing of any highway, each applicant shall, in
addition to the issuance fee, deposit with the city engineer the estimated
cost of resurfacing or repairing the surface of the highway which
may be damaged or destroyed. The estimated cost shall be determined
by the city engineer whose decision shall be final.
B.
In cases where the applicant is granted authority to perform any resurfacing or repairing of any highway, the applicant shall provide the city engineer with an amount estimated by the latter to be adequate to ensure the satisfactory completion of the repairs. Said amount can be in the form of a cash deposit or in the form of a surety bond, pursuant to the provisions of Section 12.08.190B.
C.
Whenever
an applicant is authorized to make or perform any portion of the necessary
repairs to any street or highway, the applicant shall, in addition
to other fees and costs, be required to pay the actual engineering
and inspection cost incurred by the city to ensure the making of the
repairs in a workmanlike and satisfactory manner.
D.
To secure the payment of such costs, the applicant shall, in addition to the permit fee and other fees required, deposit with the city engineer an amount established pursuant to city council resolution of all necessary engineering and inspection costs. The deposit required under this subsection may, with the approval of the city engineer, be effected through a charge against or deduction from any funds maintained as a "general deposit" authorized by Section 12.08.210 or, with the approval of the city engineer, the payment of the fees may be secured through any surety bond posted by the applicant under the provisions of this chapter.
(Prior code § 26-21; Amended
during 1990 codification)
In lieu of making the special deposit required by Section 12.08.200, the applicant may:
A.
Make
and maintain with the city engineer a general deposit in an amount
estimated by the city engineer to be sufficient to pay for the cost
of permit issuance fees and expected repairs occasioned by future
excavations or obstructions; or
B.
With the approval of the city engineer, furnish a surety bond conforming in all respects to the requirements for surety bonds set forth in subsection B of Section 12.08.200, except that the condition of such bond shall be that the applicant will pay to the city upon demand all fees, costs or charges incurred by or due to the city under the provision of this chapter.
(Prior code § 26-22; Amended
during 1990 codification)
A.
The
city shall deduct from any deposit made or maintained by the holder
of an excavation permit:
B.
After
making the deductions specified above, the city shall, unless the
deductions are made from a general deposit, refund any balance to
the applicant. The balance remaining in the general deposit shall
be retained by the city engineer and applied to issuance fees and
costs in connection with any future excavations, fills or obstructions
pursuant to a permit issued under the provisions of this chapter,
unless a written demand for the balance is made by the depositor,
in which event any balance therein shall be refunded.
(Prior code § 26-23; Amended
during 1990 codification)
A.
If
any deposit is insufficient to pay all fees and costs herein provided,
the holder of the excavation or road-work permit shall, upon demand,
pay to the city engineer an amount equal to the deficiency.
B.
In
event of failure to pay any deficiency or to pay any other costs due
to the city under the provisions of this chapter, the city may recover
the same by an action in any court of competent jurisdiction. Until
such deficiency or cost is paid in full, no permit required hereunder
shall thereafter be issued to the permit holder.
(Prior code § 26-24; Amended
during 1990 codification)
If the United States, this state or any county, municipal corporation,
school district or other public body files with the city engineer
a written guarantee of payment of all costs for which they may become
liable to the city under the provisions of this article, then no deposit
for costs shall be required of any public agency entitled to exemption
therefrom pursuant to Section 6103 of the Government Code of the state.
(Prior code § 26-25)
If the applicant for a permit complies in all respects with
this chapter and with all other applicable laws, rules, regulations
or ordinances of the city or of any other public agency and pays the
fees and deposits required hereunder, the city engineer shall approve
the application and issue the permit.
(Prior code § 26-26; Amended
during 1990 codification)
The permit shall be subject to such conditions as may be imposed
by the city engineer. The city engineer may, either at the time of
the issuance of the permit or at any time thereafter until the completion
of the work, prescribe such additional conditions as he may deem reasonably
necessary for the protection of the highway or for the prevention
of undue interference with traffic or to assure the safety of persons
using the highway. Permittees shall provide insurance and indemnity
in such manner and in such amounts as required by the city council.
(Prior code § 26-27; Amended
during 1990 codification)
A.
No
holder of a permit shall perform any work thereunder in any manner
other than that described in the application as approved by the city
engineer or contrary to the terms of the permit or of any provision
of this chapter.
B.
Noncompliance
with the terms of the permit or any provision of this chapter shall
be sufficient grounds for the city engineer to revoke the permit.
(Prior code § 26-28; Amended
during 1990 codification)
Nothing in this chapter shall prohibit any person from making
such excavation as may be necessary for the preservation of life or
property when the 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 office of the city engineer
is first opened subsequent to the making of the excavation.
(Prior code § 26-29)
