A person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of, or otherwise injures any highway or drainage facility or makes or causes to be made any excavation, or constructs, places upon, maintains, or leaves any material or any obstruction or impediment to travel in or upon a highway or obstructs the flow in a drainage facility or installs or maintains or causes to be installed or maintained any tank, pipes, conduit, duct, tunnel, or any other installation of any nature across, upon, in, or under any highway unless he shall have first obtained a permit hereunder so to do shall be guilty of a misdemeanor.
(Ord. 117 § 3, 1962)
Applications for permits required by this chapter shall be filed with the public works department upon printed forms to be prescribed and supplied by the department. The application shall be signed by the applicant and shall state:
(1) 
The name and address of the applicant;
(2) 
The location, purpose, extent and nature of the proposed excavation, fill or obstruction;
(3) 
The time during which it is estimated that the excavation, fill or obstruction will exist;
(4) 
That the applicant agrees to indemnify, defend and save the city, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or annoyances or loss resulting from claims or court action arising out of any accident, loss or damage to persons or property happening or occurring as approximate result of any work undertaken under the permit granted pursuant to the application;
(5) 
That the applicant agrees that if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued which shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, or drainage facilities the applicant, or the applicant's successors or assigns, within ten days after the receipt of a written notice from the city engineer to do so, will at the applicant's own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the city engineer, relocate them to a site which may be designated by the city engineer;
(6) 
Any additional information which the engineer may deem necessary for the proper disposition of the application.
(Ord. 117 § 3.01, 1962)
The city may, either at the time of the issuance of the permit or at any time thereafter, require the applicant to do the resurfacing or repair or elect to do the resurfacing or repair of any highway surface or drainage facility removed or damaged by the proposed excavation or obstruction pursuant to a permit hereunder.
(Ord. 117 § 3.02, 1962)
Each application for a permit shall be accompanied by an issuance fee, which shall be set by a resolution of the city council, no part of which shall be returned to the applicant regardless of the action taken on the application. The inspection charge for an excavation permit for the installation of a pipeline or conduit where the performance of the work is such that the trenching can be accomplished with a trenching machine shall be based upon a charge per linear foot. In all cases the decision of the engineer shall be final in the method of determination of the charges. For such permits the charge for inspection shall be set forth by resolution of the city council.
(Ord. 117 § 3.03, 1962; Ord. 947 § 1, 1982; Ord. 1254 § 3, 1996)
Notwithstanding the provisions of Sections 13.12.010, 13.12.020 and 13.12.040, an annual public utility excavation and construction permit may be issued for emergency and routine small projects. For purposes of this section the phrase "routine small projects" means any excavation work requiring less than twenty-five square feet of excavation. The fee for the permit shall be determined by the director of public works based on cost to the city and shall be set forth by resolution of the city council. The permit shall be issued on a form approved by the director of public works which will provide that the applicant agrees to indemnify the city from all loss or liability arising out of work done pursuant to such permit.
(Ord. 947 § 2, 1982)
(a) 
Unless the engineer has authorized the applicant to perform the resurfacing or repair of the surface of any highway or drainage facility which may be removed in part or damaged by the proposed excavation, fill or obstruction, 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 or drainage facility which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than three hundred dollars. The estimated cost shall be determined by the engineer by multiplying the number of square feet of surface which may be damaged, as shown by the application by the minimum sum of one dollar and twenty cents per square foot of surfacing.
(b) 
In cases where the applicant is granted authority to make the repairs required under this title, the city engineer may, in order to insure the completion of said repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the state of California and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of said bond shall not be less than one thousand dollars, nor the minimum period less than one year. The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this title in a good and workmanlike manner and to the satisfaction of the engineer.
(Ord. 117 § 3.04, 1962; Ord. 947 § 3, 1982)
(a) 
In lieu of making the special deposit required by Section 13.12.050, the applicant may make and maintain with the 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, but not to exceed one thousand dollars.
(b) 
In lieu of the special deposit required by Section 13.12.050 or of making the general deposit as provided for in subsection (a) of this section, the applicant may, 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), Section 13.12.050, 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 provisions of this title.
(Ord. 117 § 3.05, 1962; Ord. 947 § 4, 1982)
The permit shall be subject to the following conditions which shall be stated thereon:
(1) 
The permit must be kept at the site of the work and be shown, on demand, to any authorized representative of the city or any law enforcement officer.
(2) 
The permit shall authorize work to be performed only as to such portion of the highway or drainage facility over which the city has jurisdiction.
(3) 
All work shall be performed in accordance with the provisions of this title and of all applicable laws, rules and regulations of the city and any other public agency and to the satisfaction of the city engineer.
(4) 
The permit shall be nontransferable.
(5) 
The city engineer may cancel the permit unless the work authorized therein is commenced within sixty days of the issuance of the permit and thereafter, in the opinion of the city engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application.
(6) 
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.
(Ord. 117 § 3.06, 1962)
A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct, or tunnel in, upon, or under the surface of any highway, at any location, or 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 title.
(Ord. 117 § 3.07, 1962)
Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this title, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the engineer.
If any permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway, the city may do so and the applicant shall promptly reimburse the city the cost thereof.
(Ord. 117 § 3.08, 1962)
(a) 
TEMPORARY PAVING. After completion of the refilling and compacting of the backfill material in the excavation as specified in Section 13.12.130 and the removal of the obstruction, the permittee shall promptly repair any portion of the highway surface removed or damaged by the excavation, obstruction or construction operations.
In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch of bituminous material. Such temporary paving material may be cold mix, or the permittee may use or the engineer may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights.
Acceptance or approval of any excavation work by the engineer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twenty-four months from the completion of the excavation work. The engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
(b) 
PERMANENT REPAVING. Permanent resurfacing of excavations may be made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the engineer to prevent settling and when the moisture content of the backfill is not excessive.
Where the pavement (except Portland cement concrete pavement) or surface has been removed, the permittee shall replace it with a minimum standard repair consisting of either five inches of asphaltic concrete surfacing or three inches of asphaltic concrete surfacing over six inches aggregate base except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing and except that road-mixed surfacing may be repaired with three inches of asphaltic concrete surfacing in lieu of the standard repair. Asphaltic concrete surfacing shall consist of a mixture of mineral aggregate and 150-200 penetration paving asphalt. If Portland cement concrete pavement is removed, it shall first be sawed at the neat lines of the excavation and or removed at existing breaks to the satisfaction of the engineer subsequently replaced with Portland cement concrete, to a thickness of one inch greater than the existing pavement.
(c) 
TUNNELING OR BORING. Excavation of pavement or surfacing on an arterial highway (as shown on the master plan of highways) and determined by the city engineer as having been improved with asphaltic concrete surfacing or Portland cement concrete pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing conduits, casings and pipe lines shall be done in such a manner that the existing driving lanes will not be disturbed. If a casing is installed to receive the conduit or pipe line, all voids between the casing conduit shall be filled with grout or sand.
(d) 
REPLACING ENTIRE DRIVING LANE. If the surfacing or pavement within the driving lanes of an arterial highway (as shown on the master plan of highways) and determined by the engineer as having been improved with asphaltic concrete surfacing or Portland cement concrete is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced except that such a removal and replacement shall in no case be less than one hundred feet in length.
(Ord. 117 § 3.09, 1962)
If, after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the engineer has elected to do such resurfacing or repairing, the city shall do so and the permittee shall be charged with the cost thereof computed by the city engineer as provided in Section 13.08.100 or Section 13.12.050, whichever, in the judgment of the city engineer will most fairly compensate the city for the expenses incurred by it.
(Ord. 117 § 3.10, 1962)
If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by an excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the city the cost of such additional repairs made by the engineer. The cost shall be computed by the engineer as provided in Section 13.08.100 or Section 13.12.050, whichever in the judgment of the engineer will most fairly compensate the city for the expenses incurred by it.
(Ord. 117 § 3.11, 1962)
(a) 
GENERAL COMPACTION REQUIREMENTS. All backfill and compaction shall be in accordance with the applicable portions of Section 306 of the Standard Specifications for Public Works Construction, latest edition.
Compaction Tests: In the event there is some question in the engineer's mind concerning the degree of compaction, he may order compaction tests to determine the quality of the work. The contractor shall supply all tests as required or place a cash deposit with the city, and the city will take the tests. All costs for the test shall be deducted from the deposit posted by the contractor.
(b) 
COMPACTION OF CLAYEY SOILS. Clayey materials shall be defined as a soil with a sand equivalent of less than thirty. Clayey material replaced as backfill shall not be ponded or jetted but shall be compacted, as specified under general compaction requirements, by any other suitable method providing the material is first conditioned by wetting or drying to within two percent of optimum moisture content.
In lieu of backfilling with clayey material, the permittee as his option may elect to furnish sandy or granular material, with a sand equivalent of thirty or greater in which case compaction may be obtained as specified under general compaction requirements.
(c) 
FINISHING AND CLEAN UP. After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition.
All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left open, free and clear.
All approaches to private driveways and intersecting highways and streets shall be kept open to normal traffic flow at all times.
Clay and earth which adhere to the paved surface of the roadway shall be removed by hand scraping, washing, and sweeping, or by any other method which will leave a clean nonskid surface without impairing, injuring or loosening the surface.
Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations not listed above shall be removed by approved methods to the satisfaction of the engineer.
(Ord. 117 § 3.12, 1962; Ord. 512 § 10, 1968)
(a) 
Heavy duty pavement breakers may be prohibited by the engineer when the use endangers existing substructures or other property.
(b) 
Saw cutting of Portland cement concrete may be required by the engineer when the nature of the job or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch in depth; however, depths greater than one inch may be required by the engineer when circumstances warrant. Saw cutting may be required by the engineer outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.
(c) 
Approved butting of bituminous pavement surface ahead of excavations may be required by the engineer to confine pavement damage to the limits of the trench.
(d) 
Sections of sidewalks shall be removed to the nearest score line or saw-cut edge.
(e) 
Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.
(f) 
Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(g) 
Cutouts outside of the trench lines must be normal or parallel to the trench line.
(h) 
Boring or other methods to prevent cutting of new pavement may be required by the engineer.
(i) 
Permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.
(Ord. 117 § 3.13, 1962)
The city engineer may require all crossings of streets to be performed by tunneling or boring if in his judgment a serious interruption of traffic may occur. He may deny all applications to open trench across streets. In the event such trenching is permitted, 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.
(Ord. 117 § 3.14, 1962)
All pipes and conduits laid parallel to the roadway shall be placed at least five feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the city engineer. The shallowest portion of any pipe line or other facility shall be installed not less than thirty inches below the ultimate grade of the roadway. The applicant shall be responsible for obtaining all information necessary to establish the ultimate roadway grade in the event it is not coincidental with the existing roadway surface.
(Ord. 117 § 3.15, 1962)