A.
It
is unlawful for any person, firm, corporation or other association
of any description not otherwise under written contract to the city
for such purpose to make, or cause to be made, any construction or
excavation in, over or under the surface of any public street, lane,
sidewalk or other public place for the installation, repair or removal
of any pipe, conduit, duct, tunnel, or telecommunications or utility
infrastructure or improvements, or for any other purpose, without
first obtaining from the department of public services an encroachment
permit to make such excavation. The director of public services, before
issuing such a permit, shall require:
1.
A
written application therefor to be made and filed with the director
of public services, wherein the application shall set forth the name
and residence or business address of the person, firm or corporation
making such application, and shall state in detail the location and
area of each construction or excavation intended to be made, and shall
state the purpose for which the construction or excavation is to be
made and used. Said application shall be accompanied by a receipt
showing that applicant has paid to the director of finance a nonrefundable
inspection fee for said application and all special deposits required
both in amounts as set forth in the master fee schedule of the city
adopted by resolution of the city council; and
2.
The
presentation of a plat showing the location of each proposed construction
or excavation and the dimensions thereof, and such other details as
the director of public services may require to be shown upon such
plat.
B.
Whenever
a person believes that an emergency exists and that delay in performing
work on underground facilities would endanger public safety or health,
said person shall request that the director of public services allow
excavation to commence without benefit of a permit. Such a request
shall be accompanied by a statement of the facts forming the basis
upon which said person believes that such an emergency exists. If
the director of public services determines that such an emergency
exists, he may authorize excavation to commence immediately. Thereafter,
the person who requested permission to commence excavation shall,
concurrent with the conduct of emergency work, make application for
a permit as otherwise required by this chapter.
(Ord. 914 § 2, 1982; Ord. 929 § 1, 1983;Ord. 1569 § 2, 2019)
It is unlawful for any person, firm or corporation to make,
or to cause or permit to be made, any construction or excavation,
or to install or maintain any tank, pipe, conduit, duct or tunnel
in or under the surface of any public street, alley, sidewalk or other
public place at any location other than that described in the application
and shown upon the plat filed by such person, firm or corporation
as required by the provisions of this chapter.
(Ord. 914 § 2, 1982)
Whenever in the judgment of the director of public services
the proposed work would directly or indirectly create a hazard to
human life or endanger adjoining property or property at a higher
or lower elevation, or any public sewer, stormdrain, watercourse,
street, street improvement or any other public property, the application
shall be denied. If, in the opinion of the director of public services,
the danger or hazard can be eliminated by the erection or installation
of walls, cribs or other devices, or by a specified method of performing
the work, the director of public services may grant the permit upon
condition that the specified protection and precautionary work shall
be done to his satisfaction, or upon condition that a specified method
of performing the work shall be used.
(Ord. 914 § 2, 1982; Ord. 929 § 2, 1983)
A.
In
granting any permit pursuant to this chapter, the director of public
services shall attach such conditions thereto as may be reasonably
necessary to prevent danger to public or private property or to prevent
the operation from being conducted in a manner hazardous to life or
property or in a manner likely to create a nuisance. No person shall
violate any conditions so imposed by the director of public services.
B.
Conditions imposed pursuant to subsection A of this section may include, but shall not be limited to:
1.
Applicable
restrictions and requirements imposed by the Uniform Building Code
concerning construction or excavation and grading as adopted and modified
by local law;
2.
Limitations
on the hours of operation or the period of year in which work may
be performed;
3.
Restrictions
as to the size and type of equipment;
4.
Designation
of routes upon which materials may be transported;
5.
The
place and manner of disposal of constructed or excavated materials;
6.
Requirements
as to the laying of dust and tracking of dirt, the prevention of noises
and other results offensive or injurious to the neighborhood, the
general public or any portion thereof;
7.
Designation
of maximum or minimum slopes to be used if they vary from those prescribed
in this chapter;
8.
Regulations
as to the use of public streets and places in the course of the work;
9.
Regulations
regarding the degree of compaction of fill material;
10.
Requirements concerning paving private driveways and roads constructed
under the permit;
11.
Requirements for safe and adequate drainage of the site;
12.
A requirement that approval of the director of public services be
secured before any work which has been commenced may be discontinued;
13.
A requirement that men and equipment be provided at the site during
storms to prevent incomplete work from endangering life and property;
14.
Requirements for fencing of construction, excavation or fills which
would be hazardous without such fencing.
(Ord. 914 § 2, 1982; Ord. 929 § 3, 1983)
No encroachment permit which permits excavation under the surface
of any public street, lane, sidewalk or other public place shall be
issued until the applicant provides to the city engineer the inquiry
identification number assigned to said applicant by the regional notification
center as required by Sections 4216 and 4217 of the Government Code.
(Ord. 929 § 4, 1983)
A.
Bond
Required. If, in the opinion of the director of public services, the
nature of the work regulated by this chapter is such that if left
incomplete it will create a hazard to human life or endanger adjoining
property or property at a higher or lower level, or any street or
street improvement, or any other public property, the director of
public services may, before issuing the permit, require a cash bond
or surety bond in a form satisfactory to him or her and approved by
the city attorney, in the sum of one hundred percent of the estimated
cost of the work, conditioned upon the faithful performance of the
work specified in the permit within the time specified by the director
of public services, or within any extension thereof granted by the
director of public services. Such bond shall obligate the principal,
his executors, administrators, successors and assigns, jointly and
severally, with the surety, and shall inure to the benefit of the
city, its officers, employees, and to any person aggrieved by the
principal’s failure to comply with the conditions thereof. Such
bond shall further provide that it will not be cancelled or terminated
until at least thirty days’ notice thereof has been filed with
the city clerk.
B.
Notice
of Default. Whenever the director of public services finds that a
default has occurred in the performance of any term or condition of
any permit, written notice thereof shall be given to the principal
and to the surety of the bond. Such notice shall state the work to
be done, the estimated cost thereof, and the period of time deemed
by the director of public services to be reasonably necessary for
the completion of the work.
C.
Duty
of Surety. After receipt of such notice, the surety must, within the
time therein specified, either cause the required work to be performed
or, failing therein, pay over to the director of public services the
estimated cost of doing the work as set forth in the notice, plus
an additional sum equal to ten percent of the estimated cost, but
not to exceed the principal sum of the bond. Upon the receipt of such
moneys, the director of public services shall proceed by such mode
as he deems convenient to cause the required work to be performed
and completed, but no liability shall be incurred therein other than
for the expenditures of the sum in hand therefor. The balance, if
any, of such bond funds shall, upon completion of the work, be returned
to the surety, after deducting the cost of work plus ten percent thereof.
D.
Disposition of Cash Bond. If a cash bond has been posted, notice of default as provided by subsection B supra shall be given to the principal; and if compliance is not had within the time specified, the director of public services shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the director of public services. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent thereof.
E.
Right
of Entry. In the event of any default in the performance of any term
or condition of the permit for the work, the surety or any person
employed or engaged on his behalf, shall have the right to go upon
the premises to complete the required work or make it safe.
F.
Interference
Prohibited. No person shall interfere with or obstruct the ingress
or egress to or from any such premises by an authorized representative
or agent of any surety or of the city engaged in completing the work
required to be performed under the permit or in complying with the
terms or conditions thereof.
G.
Term
of Bond, Completion. The term of each bond posted shall begin upon
the date of the posting thereof and shall end upon the completion
to the satisfaction of the director of public services of all of the
terms and conditions of the permit for the work. Such completion shall
be evidenced by a statement thereof signed by the director of public
services, a copy of which will be sent to any surety or principal
upon request. When a cash bond has been posted, the cash shall be
returned to the depositor or to his successors or assigns upon the
termination of the bond, except any portion thereof that may have
been used.
H.
State
Regulated Public Utilities. No bond shall be required of public utilities
regulated by the California Public Utility Commission.
(Ord. 914 § 2, 1982; Ord. 929 § 5, 1983)
A.
If,
in the opinion of the director of public services, the nature of the
work regulated by this chapter is such that it might create a hazard
to human life or endanger adjoining property or property at a higher
or lower level, or any street or street improvement, or any other
public property, then the director of public services may, before
issuing the permit, require that the applicant for a permit file a
certificate showing that he is insured against claims for damages
for personal injury and bodily injury as well as claims for property
damage, including damage to the city by deposit or washing of material
onto city streets or other public improvements, which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor, or any person directly or indirectly
employed by him, and the amount of such insurance shall be prescribed
by the director of public services in accordance with the nature of
the risks involved.
B.
Any
insurance required pursuant to this section shall include protection
against liability arising from completed operations, explosion and
collapse hazard, underground hazard and automobile liability, if such
is found necessary by the director of public services. Any such insurance
shall be written by a company which meets with the approval of the
city and shall insure the city, its officers, agents and employees
against loss or liability which may arise during the performance of,
or which may result from, any work herein required to be done. The
carrier of such insurance shall give the city at least thirty days’
prior notice of the cancellation of any such policy of insurance.
C.
Any
insurance required pursuant to this section shall include the following
endorsement thereon:
Notwithstanding any other provisions in this policy, the insurance
afforded hereunder to the City of South San Francisco shall be primary
as to any other insurance or reinsurance covering or available to
the City of South San Francisco, and such other insurance or reinsurance
shall not be required to contribute to any liability or loss until
and unless the approximate limit of liability afforded hereunder is
exhausted.
D.
Self-insured
public utilities regulated by the California Public Utility Commission
may file a statement of self-insurance with the director of public
services to meet the requirements of this section.
E.
Self-insured
public utilities regulated by the California Public Utilities Commission
which elect to file a statement of self-insurance with the director
of public services in lieu of the insurance certificate required in
this section, shall, as a condition precedent to the issuance of a
permit under this chapter, execute an agreement to defend, hold harmless
and indemnify the city, its officers, agents and employees whether
elected or appointed, from any and all claims and/or causes of action
arising out of any negligent or wilful act of said utility or its
agents or employees in the course of their employment in connection
with the operation for which a permit is issued.
(Ord. 914 § 2, 1982; Ord. 929 § 6, 1983)
No permit required by Section 13.04.010 shall be transferable without the written consent of the director of public services.
(Ord. 914 § 2, 1982)
A.
Revocation.
Any permit, issued pursuant to this chapter, may be revoked by the
director of public services after notice and hearing for:
1.
Violation
of any condition of the permit;
2.
Violation
of any provision of this chapter or any other applicable local, state
or federal law relating to the work;
3.
The
existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or property of others.
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Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work, at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the rounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope with postage prepaid addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the director of public services in the manner prescribed by Section 13.04.090, all work shall be stopped while the appeal is pending.
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B.
Suspension.
Any permit issued pursuant to this chapter may be suspended by the
director of public services without hearing and for a period not exceeding
ten days whenever the director of public services has issued a notice
of hearing for revocation of permit. Any such suspension shall terminate
upon its expiration date or upon the rendering of a decision on the
question of revocation, whichever shall first occur. No work shall
be authorized or performed under any permit during such time as said
permit may be suspended.
(Ord. 914 § 2, 1982)
Any applicant for a permit, or permittee, aggrieved by any action
or decision of the director of public services may appeal to the council
by filing with the city clerk a written notice thereof within five
days from the date of mailing or receipt of notice of such action
by the director of public services, whichever first occurs. The aggrieved
person shall be given a hearing before the council, after which the
council shall have discretion to grant or deny the appeal or modify
the decision of the director of public services, and its decision
shall be final.
(Ord. 914 § 2, 1982)
Every permit issued under the provisions of this chapter shall
expire at the end of the period of time set forth in the permit. If
the permittee is unable to complete the work within the specified
time, he shall, prior to expiration of the permit, present in writing
to the director of public services a request for an extension of time,
setting forth therein the reasons for the requested extension. If,
in the opinion of the director of public services, such an extension
is reasonable and necessary, he may grant additional time for the
completion of the work.
(Ord. 914 § 2, 1982)
A.
It
shall be the duty of every person, firm or corporation making any
construction or excavation in any public street, alley or other public
place, to maintain safe crossings for vehicular traffic at all street
intersections, and safe crossings for pedestrians at intervals of
not more than three hundred feet. If any such construction or excavation
is made across any public street or alley, at least one safe crossing
shall be maintained at all times for vehicles and pedestrians. Free
access must be provided to all fire hydrants and water gates. All
materials excavated shall be laid compactly along the side of the
trench and kept trimmed in a manner that will cause as little inconvenience
as possible to public travel. If the street is not wide enough to
hold excavated materials without using part of the adjacent sidewalk,
the person, firm or corporation by whom the excavation is made shall
erect a tight board fence upon and along such sidewalk. All gutters
shall be maintained 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. Wherever a gutter crosses an intersecting
street an adequate waterway shall be provided and at all times maintained.
B.
It
shall be the duty of every person, firm or corporation making any
construction or excavation in any public street, alley or other public
place to place and maintain barriers at each end of such places as
may be necessary along the construction or excavation to prevent accidents,
and also to place and maintain lights at each end of such construction
or excavation and at distances of not more than fifty feet along the
line thereof, from sunset each day to sunrise of the next day, until
such construction or excavation is entirely completed or refilled;
and it is unlawful for any person, firm or corporation to fail, refuse
or neglect to comply with any requirement contained in this section.
(Ord. 914 § 2, 1982)
The person, firm or corporation by whom any construction or
excavation is made in any public street, alley or other public place,
shall be deemed and held to guarantee the work of refilling and repair
thereof for the period of one year after the completion or refilling
of such construction or excavation against all defects in workmanship
and materials. The director of public services may require the person
causing such construction or excavation to execute the file with the
city a written agreement to repair or replace, at his own expense,
any work of refilling and repair which, at any time during the one-year
period subsequent to the date of approval and acceptance thereof,
shall prove to be defective or which shall become damaged by differential
settlement, action of the elements, or through ordinary usage. The
person causing such construction or excavation other than public utilities
regulated by the California Public Utility Commission shall also file
with the aforesaid agreement a bond for such sum as the director of
public services may deem sufficient to cover the cost of repairing
or replacing said work, including the cost of inspection. Such bond
shall be executed by a surety company authorized to transact a surety
business in the state, and must be satisfactory to, and be approved
by, the city attorney as to form. In lieu of said bond, the person
causing such construction or excavation and grading may deposit with
the city treasurer cash money in an amount fixed, as aforesaid, by
the director of public services. In the event the person causing such
excavation and grading shall fail to make the repairs or replacements
specified above, then the city may make the necessary repairs or replacements
or cause the same to be done, and thereafter call upon the surety
or the person causing such construction or excavation and grading
for reimbursement.
(Ord. 914 § 2, 1982; Ord. 929 § 7, 1983)
It is unlawful for any person, persons, firm or corporation
to transport by means of any vehicle, any earth in excess of two cubic
yards excavated from any lot or parcel of land in the city, without
first having obtained a permit from the director of public services
for the purpose of transportation of such earth.
(Ord. 914 § 2, 1982; Ord. 929 §9, 1983)
A.
Any person desiring a permit to transport earth as required by Section 13.04.140 shall file with the director of public services a written application on a form provided by said director of public services.
B.
Applications filed pursuant to this section and Section 13.04.140 shall be accompanied by a receipt showing that the applicant has paid to the director of finance a nonrefundable processing fee for said application in an amount as set forth in the master fee schedule of the city, adopted by resolution of the city council.
(Ord. 914 § 2, 1982)
A.
Before
any permit, which may be granted by the director of public services
for the transportation of earth upon any public street or highway
in the city, becomes effective, the grantee or grantees of such permit
shall file in the office of the city clerk a bond to indemnify the
city for any injury or injuries, which such grantee or grantees may
do to sidewalk or pavement or to sewers in the city in such amount
as the director of public services, on consideration of the application
for such permit, may deem to be adequate for the protection of the
city. In no event shall the bond be less than two thousand dollars
in amount.
B.
It
is the obligation of any grantee or grantees to fully remove from
any sidewalk or street all such earth as such grantee or grantees
may have permitted to fall on such sidewalk or pavement, and to repair
all public improvements damaged by the hauling operations. The bond
herein required shall be in such form as to indemnify the city for
the cost of removing from such sidewalk or pavement all such earth
as may have been permitted to fall thereon by such grantee or grantees,
and for repairing public improvements damaged by the grantees due
to their hauling operations. The bond shall inure to the benefit of
the city and shall, by its terms, give the city a right of action
thereon in the event of failure of such grantee or grantees.
(Ord. 914 §2, 1982)
Any person violating the provisions of this chapter shall be
deemed guilty of a misdemeanor.
(Ord. 914 § 2, 1982)
