No person shall make any excavation or construction in or under the surface of any public-right-of-way without a written permit. Before a permit is issued a sketch or plan of the proposed excavation or construction shall be furnished by the applicant, to be attached to the encroachment permit.
(Prior code § 6210)
The permit shall provide that the permittee, his/her successors and assigns shall indemnify and keep indemnified and save the city, its officers and employees harmless from and against any and all claims for injury, loss, damage, liability, cost and expense which the city, its officers and employees may suffer, sustain, incur, be put to, pay or lay out from any and every and all auctions, suits, proceedings, claims and demands which may be brought, made or filed against the city, its officers and employees by reason of or arising out of, or in any way connected with any or all operations authorized by any permits issued to the permittee, and until all excavation work shall have been completed to the satisfaction of the director of public service and the city engineer/director of public services shall have accepted, in writing, the completion of said work.
(Prior code § 6210.1)
Right-of-way encroachment permit fees shall be specified by resolution adopted by the city council.
(Prior § 6210.2)
No person shall make any excavation or install or maintain any pipe, conduit, duct or tunnel in or under the surface of any street or other public place at any location other than that described in the permit issued therefor, and the director of public services may require such surveys as may be deemed necessary to insure full compliance with this section.
(Prior code § 6210.3)
Any person intending to make any excavation in any street, alley, or other public place shall make and maintain with the director of public services a deposit of one hundred dollars, which shall permit the issuance of permits for excavations up to five hundred square feet per month; a deposit of two hundred dollars, which shall permit the issuance of permits for excavations up to one thousand square feet per month; a deposit of one thousand dollars, which shall permit the issuance of permits up to five thousand square feet per month; or a deposit of twenty cents per square foot for all excavations in excess of five thousand square feet per month.
(Prior code § 6210.4)
Whenever in this chapter a deposit is required, such deposit may be either in the form of a cashier's check or a good and sufficient bond in an amount equal to the amount of such deposit, executed by the applicant to the satisfaction and approval of the city director of public services, made by a reliable surety company and payable to the city. Such bond shall be conditioned upon the payment of all charges required by this chapter and the faithful performance of all work, and the director of public services is empowered to enforce collection under said bond of all sums due for charges hereunder, and for any and all damages accruing to the city by reason of faulty or defective work of the permittee. Such bond shall be approved by the city attorney as to form and by the city manager as to sufficiency before being accepted by the director of public services.
(Prior code § 6210.5; Ord. 2362 § 2, 2003)
All permits, except those issued for service connections or for making repairs to same, shall become and be void, unless the excavation to be made pursuant thereto is commenced within thirty days from the date of the issuance of such permit and the work diligently prosecuted as required in this chapter.
(Prior code § 6210.6)
The street surface excavated shall be replaced under the direction and supervision of the director of public service, at the sole cost and expense of the permittee who shall maintain same for a period of one year from the date of the completion of the work.
(Prior code § 6210.8)
A. 
All excavations shall be backfilled in a manner satisfactory to the director of public service, who may require trenches to be settled either with water or by tamping, or both. In the event an excavation is five or more feet in depth, the permittee shall cause a competent person to be placed at the site of the work for the purpose of observing backfilling operations in those cases where the operator of a power unit engaging in such backfilling is unable to see into the excavation. All excavations must be properly backfilled in the most workmanlike manner, and surplus material removed without delay.
B. 
In all public streets or other public places, the surface over the trenches and to the sides thereof shall, after being backfilled as hereinbefore specified and after settlement has taken place, be finished by the permittee in a workmanlike manner and in accordance with specifications to be furnished by the director of public service at the time the permit is issued. In all easements, all buildings, fences, shrubbery, lawns, walks, driveways or other improvements must be replaced or reconstructed, without delay, in a workmanlike manner and fully equal to the original improvement.
(Prior code § 6210.9)
Whenever the pavement or surfacing is not immediately replaced, the surface of the backfill shall conform to the level of the adjoining street surface and shall be compacted so that it is hard enough and smooth enough to be safe for traffic to pass over at any legal rate of speed.
(Prior code § 6210.10)
The permittee shall maintain the surface of the backfill for vehicular traffic and pedestrian travel until the pavement or surfacing has been replaced, and shall assume full responsibility for all accidents which may occur due to vehicles and pedestrians crossing the site of the excavation until the pavement or surfacing has been replaced to the satisfaction of the director of public services. If it is impractical to maintain the surface of the backfill in a safe condition for traffic, then the permittee shall maintain barriers and red lights around it until the pavement or surfacing has been replaced.
(Prior code § 6210.11)
No person shall fail, refuse or neglect to comply with any of the regulations above set forth or with the regulations of the director of public services insofar as they pertain to this chapter.
(Prior code § 6210.12)
It shall be the duty of every person making any excavation in any public street, public place, to maintain safe crossings for vehicles and pedestrian traffic at all street intersections, and safe crossings for pedestrians at intervals not to exceed six hundred feet. If any such excavation is made across any public street, 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 up so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated materials without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight-board fence upon and along such sidewalk and keep a passageway at least three feet in width open and along such sidewalk.
(Prior code § 6210.13)
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. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
(Prior code § 6210.14)
It shall be the duty of every person making any excavation in any street or other public place to keep and maintain barriers at each end of such excavation, and at such places as may be necessary along the excavation to prevent accidents. It shall also be the duty of every person cutting or making any excavation on any street to place and maintain a sign or barrier with letters not less than three inches in height, which sign shall state the name of the person cutting or making the excavation, and to place and maintain lights at each end of such excavation and at a distance of not more than fifty feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled; and no person shall fail, refuse or neglect to comply with any requirements contained in this section.
(Prior code § 6210.15)
After such excavation is commenced, the work of making and refilling shall be prosecuted diligently and continuously until completion so as not to obstruct the street or other public place of travel more than is actually necessary.
(Prior code § 6210.16)
No action pursuant to the provisions of this chapter shall be construed to relieve the person responsible for the existence of any obstruction, encroachment or excavation in the public street, sidewalk, alley or way from any liability whatsoever arising out of the existence of such condition, nor shall any provision of this chapter be construed to constitute an assumption of liability by the city of any duties imposed by law or contract upon any person.
(Prior code § 6210.17)
All work to be done within any public right-of-way shall be performed in accordance with the city standard plans and specifications. No person shall excavate or construct within said right-of-way unless the city has approved the lines and grades prior to said work.
(Prior code § 6210.18)
A. 
Should work be commenced by any person without first having obtained a right-of-way encroachment permit from the city, in addition to any other penalties imposed by this code, said person shall pay double the fee required by the resolution establishing fees adopted by the city.
B. 
The payment of such doubled fees shall not relieve any person from fully complying with all provisions of this chapter in the execution of the work, nor from penalties prescribed herein.
(Prior code § 6210.19)