For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Section:
"Excavation"
means any opening in the surface of a public place made in any manner whatsoever except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.
"Facility"
means any pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.
"Public place"
means any public street, way, place, alley, sidewalk, park square, plaza or any other similar public property owned or controlled by the City and dedicated to public use.
"Substructure"
means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any other similar structure located below the surface of any public place.
"Utility"
means a private company or corporation or municipal department engaged in providing a particular service to the general public.
(Prior code § 2725)
No person shall make any excavation or fill any excavation in any public place without first obtaining a permit so to do from the City, except as otherwise provided in this Chapter. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this Chapter.
(Prior code § 2726)
No excavation permit under this Chapter shall be issued unless a written application is submitted to the Public Works Director. The written application shall state the name and address and principal place of business of the applicant, the authority of the applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal and the approximate size of the excavation to be made, the purpose of the facility and the approximate time which will be required to complete such work, including backfilling the excavation and removing all obstruction material and debris. An extension of time may be granted by the Public Works Director for good and sufficient reasons. The application, when approved and signed by the Public Works Director, shall constitute the permit.
(Prior code § 2727)
A permit fee based on the application shall be charged by the City for issuance of an excavation permit according to a resolution of the City Council establishing such fees.
(Prior code § 2728)
Prior to the issuance of a permit under this Chapter, the applicant shall file a certificate of insurance with a responsible carrier insuring the applicant and the City against liability for damages to persons or property arising out of the work covered by the permit. Such insurance shall be in an amount determined by the Public Works Director. By accepting the permit, the applicant shall be deemed to agree to hold the City, the City Council and officers and employees of the City free and harmless from damage to any person or property arising from the excavation.
(Prior code § 2729)
The City may enter into an agreement with a public utility providing for the placing, replacing or repairing any of its facilities in a public place. All the requirements specified in this Chapter for the excavation, compaction, temporary patching and repaying apply and shall be set forth in any such agreement.
(Prior code § 2730)
Any excavation in pavement made by a public utility pursuant to an agreement shall be repaired by the public utility as specified herein and as provided for in such agreement. The replacement of pavement shall be equal to the original, except that a minimum of eight inches of aggregate base and two inches of asphalt concrete shall be installed. Temporary patching as specified in Section 12.24.270 will be required unless specifically waived by the Director of Public Works.
(Prior code § 2732)
Should conditions develop during an excavation that significantly increase the amount of pavement replacement over that specified in the application for the permit under this Chapter, an additional permit shall be obtained by the permittee when so required by the street superintendent. Should the curb, gutter or sidewalk be cut the amount of the fee therefor will be determined by the Public Works Director.
(Prior code § 2733)
Nothing in this Chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs; provided, that the person making such excavation shall apply to the Public Works Director for a permit under this Chapter on the first working day after such work is commenced.
(Prior code § 2734)
After an excavation under this Chapter is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work, including temporary paving, so as not to obstruct the public place or travel thereon more than is reasonably necessary.
(Prior code § 2735)
When traffic conditions, the safety or convenience of the traveling public or the public interest require that excavation work under this Chapter be performed as emergency work, the Public Works Director shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
(Prior code § 2736)
A. 
Heavy duty pavement breakers will be prohibited by the City in work under this Chapter when the use endangers existing structures or other property, as determined by the Public Works Director.
B. 
Saw cutting of exposed Portland cement concrete may be required by the Public Works Director when the nature of the work or the condition of the street warrants. When cutting is required, the depth of the cut shall be not less than one inch in depth; provided, that depths greater than one inch may be required by the Public Works Director. Saw cutting may be required by the Public Works Director outside of the limits of the excavation over cave outs, overbreaks and small floating sections.
C. 
Approved cutting of bituminous pavement surface ahead of an excavation may be required by the Public Works Director to confine pavement damage to the limits of the trench.
D. 
Sections of sidewalks shall be removed to the nearest score line or joint.
E. 
Unstable pavement shall be removed over cave outs and over breaks and the exposed subgrade shall be treated as the main trench for permit fee determination.
F. 
Boring or other methods of preventing cutting of new pavement may be required by the Public Works Director.
G. 
The permittee shall not be required to repair pavement damage existing prior to the excavation unless the cut results in small floating sections that may be unstable, in which case the permit fee shall be increased to enable the City to replace such unstable section.
(Prior code § 2737)
The maximum length of open trench permissible at any time under this Chapter shall be in accordance with existing regulations or as may be specified by the Public Works Director and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the Public Works Director.
(Prior code § 2738)
A. 
All material excavated from trenches and piled adjacent to the trench or in any street pursuant to work under this Chapter shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Public Works Director shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with State trench and tunnel construction safety orders.
B. 
All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the Public Works Director. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the Public Works Director to prevent the spreading of dirt into traffic lanes.
(Prior code § 2739)
Every permittee under this Chapter shall at all times and at his or her own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for such purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he or she cannot obtain a license from such owner, the City may authorize him or her to enter the private premises solely for the purpose of making the property safe. The permittee shall, at his or her own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his or her failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area such area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this Chapter. All construction and maintenance work shall be done in a matter calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in street parkway areas without first obtaining the consent of the appropriate City department or City official having control of such property.
(Prior code § 2740)
A. 
Every permittee under this Chapter shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
B. 
The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from failure to so provide.
(Prior code § 2741)
Any monument set for the purpose of locating and preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the City, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City to do so. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of the monuments by the City.
(Prior code § 2742)
Excavation work under this Chapter shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment as designated by the Public Works Director.
(Prior code § 2743)
Each permittee under this Chapter shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Public Works Director or in case of an emergency as provided in this Chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
(Prior code § 2744)
A. 
A permittee under this Chapter shall not interfere with any existing facility without the written consent of the Public Works Director and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner. No facility owned by the City shall be moved to accommodate the permittee, unless the cost of such work is borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee, unless he or she makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, poles, wires or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain and protect them under, over, along or across such work. The permittee shall secure approval of the method of support and protection from the owner of the facility. In case any pipe, conduits, poles, wires or apparatus should be damaged, and for this purpose, pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this Section that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The permittee shall inform him or herself as to the existence and location of all underground facilities and protect the same against damage.
B. 
Any permittee under this Chapter shall at its own expense protect, support temporarily, disconnect, relocate in the same street, alley or public place, or remove from any street, alley or public place, any property of the permittee when required by the Public Works Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, traffic signals and tracks, or any other type of structures or improvements by governmental agencies, when acting in a governmental or proprietary capacity or any other structures or public improvements; provided, that the permittee shall, in all such cases, have the privileges and be subject to the obligations to abandon any property of the permittee in place. Upon failure of the permittee to complete any work required by law or by the provisions of this Chapter to be done in any street, within the time prescribed, and to the satisfaction of the Public Works Director, the Public Works Director may cause such work to be done and the permittee shall pay to the City the cost thereof in the itemized amounts reported by the Public Works Director to the permittee, within 30 days after receipt of such itemized report.
C. 
Notwithstanding Subsection B of this section, in the event an existing utility line or associated equipment is in conflict with a City use, said utility shall be required to move its lines or equipment at its sole costs, in accordance with governing law or franchise.
(Prior code § 2745; Ord. 1589(13) § 6)
No person shall, without written permission of the Public Works Director, install any substructure except manholes, vaults, valve casings, culverts and catch basins at a vertical distance less than as follows:
A. 
Streets. For streets the minimum depth shall be 24 inches below the established flow line of the nearest gutter. If such flow line is not established, then the depth shall be at a minimum of 24 inches below the surface of the nearest outermost edge of the traveled portion of the street.
B. 
Parkways.
1. 
The minimum depth of any substructure shall be 16 inches below the established gutter grade when the substructure parallels the parkway.
2. 
The minimum depth of any substructure shall be 12 inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.
C. 
Other Public Places. The minimum depth of any substructure in any other public place shall be 24 inches below the surface; provided that the Public Works Director may permit a lesser depth in special cases.
(Prior code § 2746)
Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling or having an interest therein, shall within 30 days after such abandonment file with the City a statement in writing giving in detail the location of the substructure so abandoned, if such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the City or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body.
(Prior code § 2747)
It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for safety of the general public. Barriers, warning signs, lights and warning devices shall conform to the requirements of the Public Works Director. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. Lanterns shall burn kerosene or a similar fluid, and have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources. The Public Works Director may restrict the use of lanterns or open flame devices in fire hazard areas.
Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic in accordance with the instruction of the Public Works Director.
(Prior code § 2748)
A. 
Every permittee under this Chapter shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public.
B. 
The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line.
C. 
When traffic conditions permit, the Public Works Director may by written approval permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her, if in his or her opinion it is necessary for work under this Chapter. The written approval of the Public Works Director may require that the permittee under this Chapter give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given.
(Prior code § 2749)
In backfilling any excavation under this Chapter, fine material, free from lumps and stones, selected from the soil, shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed in lifts consistent with the type of soil involved and the degree of consolidation specified by the City. Broken pavement, large stones, roots and other debris shall not be used in the backfill. The number and size of each lift shall be dependent upon the type of soil involved. Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation unless otherwise specified. The Public Works Director may require soil tests to be furnished by a recognized soil testing laboratory or registered professional e engineer specializing in soil mechanics when, in his or her opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests shall show that the backfill material meets the minimum requirements as prescribed by the City. All expense of such tests shall be borne by the permittee.
(Prior code § 2750)
Permanent resurfacing of excavations under this Chapter may be made by the City as determined by the Public Works Director. The top surface of the backfill shall be covered with two inches of bituminous temporary resurfacing material by the permittee. Such temporary paving material shall be cold mix, except that, the permittee may use or the Public Works Director may require hot mix. All temporary paving materials shall conform closely enough to the level of the adjoining paved surface and shall be compacted so that it is hard enough and smooth enough to be safe for it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary pedestrian travel over paving for a period not exceeding 30 days after all backfilling is completed, unless additional time is required by the Public Works Director, and shall keep the same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving by the City; except, that if it is not possible 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 as required in this Chapter.
(Prior code § 2751)
As excavation work under this Chapter progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Public Works Director. From time to time, as may be ordered by the Public Works Director and in any event immediately after completion of such work, the permittee shall, at his or her own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within 24 hours after having been notified to do so by the Public Works Director, such work may be done by the City and the cost thereof charged to the permittee.
(Prior code § 2752)
Any above or below ground utility conduit, structure or devices permitted under this Chapter to be constructed or installed in streets or public easements shall be so constructed, installed and maintained, only in conformity with this Code and any other ordinances, resolutions, rules and regulations adopted by the City Council, at such locations and in such manner as shall be approved by the Public Works Director acting in the exercise of his or her reasonable discretion. Plans and specifications for such facilities shall be filed with the Public Works Director. Construction or installation of cables, lines or conduits in all other public places shall be subject to approval of and regulation by the City Council or its designee.
(Ord. 1589(13) § 7)
Every person owning, using, controlling or having an interest in substructures under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the City shall have on file with the City a map or set of maps each drawn to a scale of not less than one inch to 200 feet, showing in detail the plan location, size and kind of installation, if known, of all substructures, except service lines designed to serve single properties, beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the City annually at a time specified by the City, a corrected map or set of maps each drawn to such scale, including all installations made during the previous year to and including the last day of such year; provided, that a public utility owner may at his or her option provide corrected atlas sheets at more frequent intervals.
(Prior code § 2753)
The Public Works Director shall make such inspections as are reasonably necessary in the enforcement of this Chapter. The Public Works Director shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Chapter.
(Prior code § 2754)
This Chapter shall not be construed as imposing upon the City or any City official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this Chapter, nor shall the City or any official or employee be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this Chapter, the insurance of any permit or the approval of any excavation work.
(Prior code § 2755)