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.
C. 
Nothing contained in subsection B of this section shall be construed to relieve a person from insurance or bonding requirements as contained elsewhere in 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)
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.
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.
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)