Note: Prior history: Prior code §§ 7219
through 7232 and Ords. 1469, 1480, 1535 and 1675.
No person shall make any excavation or install any main or lateral
or pipe, or construct or install any light or power or telephone or
telegraph pole, or anchor or make any excavation for such or similar
construction or installation (hereafter "excavation"), in any public
street, easement or right-of-way (hereafter "public street" or "street")
in the city, without first obtaining from the city engineer a permit
in the manner as provided in this chapter and paying a permit fee
and an inspection fee as established by the city council and adopted
by resolution. Public utility companies may apply for multiple excavations
under one annual permit, provided that:
(1)
Such excavations are exclusively for the repair of main line and
transmission facilities or the repair or installation of laterals
or services; and
(2)
The city is notified in writing at least forty-eight hours in advance
of all proposed excavations. Such notice shall include the location
and size of each excavation and the date that work on such excavation
will start; and
(3)
The annual permit fee shall be computed on the basis of the number
of individual street excavations made during the year multiplied by
the amount of the individual excavation permit fee;
(4)
Permit inspection fees shall be computed and paid monthly for each
excavation made in the preceding month.
(Ord. 1850 § 1, 1993)
Any person desiring to excavate in any public street in the city for any of the purposes mentioned in Section 13.16.010 shall file with the city engineer an application for a permit therefor in such form as required by the city engineer. If the granting of such permit will not interfere with the proper and necessary uses of any of the streets of the city, the city engineer shall issue such permit, which shall be subject to all of the conditions and exceptions set forth in this chapter and any other conditions or exceptions deemed appropriate by the city engineer.
(Ord. 1850 § 1, 1993)
(a)
Nothing in Section 13.16.010 shall be construed to require a permit to be obtained by any person maintaining any facilities used and needed for operating the public utility systems in any street by virtue of any law, ordinance or franchise, before proceeding with an excavation where the circumstances require the work to be done immediately for the protection of the public peace, health, safety or welfare, and for the immediate protection of utility systems, and where such permit could not reasonably and practicably have been obtained beforehand, provided that application for a permit is filed on the first regular business day that the offices of the city are open following the day on which such excavation was commenced and that the appropriate fee is paid.
(b)
Those utility companies that have obtained an annual permit shall
only be required to notify the city engineer of an emergency excavation
by telephone on the first day that city hall is open following the
day of the emergency excavation, but such emergency evacuation shall
also be identified by letter to the city engineer within fourteen
calendar days following the excavation.
(Ord. 1850 § 1, 1993)
Nothing in Section 13.16.010 shall be construed to require the permit and inspection fee to be paid by any public utility company for public utility work at the time of or before the issuance of the permit or the performance of the work; provided, however, that such utility company shall pay the fees for all such permits issued to such company during any calendar month prior to the end of the next succeeding calendar month.
(Ord. 1850 § 1, 1993)
Any person proposing to make any excavation or any installation
in any public street in the city, may do so only upon complying with
the following conditions:
(1)
That such excavation or construction or installation shall be done
in such a manner that the public use of the public streets shall not
be needlessly obstructed or interfered with, nor shall the users of
the public streets by in any manner endangered; and
(2)
That the excavation shall be backfilled with native soil pursuant
to Public Utilities Commission Code, Section 787, or with other acceptable
materials and in a manner specified by the city engineer and that
when such excavation is in a public street, the pavement and subgrade
materials shall be replaced and finished in a manner specified by
the city engineer; and
(3)
That such person shall indemnify the city for any and all damages
and costs suffered or expenses incurred by the city because of such
excavations, installations or construction and the thereafter maintenance
thereof; and
(4)
(A)
That such person shall deposit with the city engineer, upon applying
for each excavation permit, the sum of five hundred dollars cash or
five dollars per square foot of excavation, whichever is greater,
as a guarantee for compliance with the terms and conditions set forth
in this chapter, which sum shall be returned to such person upon such
compliance, to the satisfaction of the city engineer. In the event
of failure to so comply, any costs for which such person is liable
under this chapter may be deducted from such deposit and the balance,
if any, returned to such person.
(B)
In lieu of such deposit, such person may file and maintain with the
city engineer a surety bond in the sum of one thousand dollars for
a single excavation or twenty thousand dollars for multiple excavations,
conditioned upon compliance with this chapter and, upon failure to
so comply to the satisfaction of the city engineer, the costs of such
work may be charged against such bond by the city.
(C)
The requirement for a cash deposit or bond shall not apply to public
utilities having lawful authority to occupy the public streets which
is authorized by franchise to establish or maintain any works or facilities
in, under, or over any paved public streets, nor shall the application
of such public utility for a permit be denied. The city engineer may
require of a public utility a bond in a sum to be determined by the
city engineer, if such public utility has, prior to the subject application
for permit, failed to comply with the provisions of this chapter or
with the provisions of a previous permit;
(5)
(A)
That such person shall file and maintain with the city engineer a
certificate of insurance evidencing that such person has in full force
and effect a policy of comprehensive public liability insurance with
minimum limits of five hundred thousand dollars, combined single limit
coverage against any personal injury or death, or loss or damage to
property related to such person's activities and work pursuant to
this chapter. The city shall be named as an additional insured under
such comprehensive public liability insurance policy.
(B)
A public utility company may be excluded from the insurance requirement,
provided it files with the city engineer a certificate that it is
self-insured for the minimum limits required by this section along
with sufficient evidence of financial responsibility to be self-insured,
and the utility company provides the city, in a form acceptable to
the city attorney, a statement that the utility company will assume
all liability, in the event of a claim, including the city's legal
costs incurred in its defense and any judgment that may be rendered
against the city as a result of work performed by the utility company.
Such decision to waive the insurance requirement shall be at the sole
discretion of the city engineer.
(Ord. 1850 § 1, 1993)
The city engineer shall, at no time, issue a permit hereunder
to any person not authorized by franchise or ordinance to occupy the
public streets of the city.
(Ord. 1850 § 1, 1993)
Any permit issued hereunder may be revoked or modified when
the city engineer declares that the public convenience and necessity
so require.
(Ord. 1850 § 1, 1993)
Every permit issued hereunder shall refer to this chapter and
shall automatically expire, if not used, twelve months from the date
of the issuance thereof.
(Ord. 1850 § 1, 1993)
No person shall permit any break or leak in any water main,
lateral or pipe in any public street in the city to continue for a
period longer than seventy-two hours from the time such break or leak
is first detected without adequate repairs. A lesser period of time
may be required by the city engineer upon a finding that the break
or leak constitutes an immediate threat to the public peace, health,
safety or welfare.
(Ord. 1850 § 1, 1993)
(a)
No person shall make any excavation in any public street in the city, except excavations made for service connections provided for in Section 13.16.110, and permit the same to remain open or unsurfaced for more than five days after the making thereof without the written permission of the city engineer.
(b)
Open trenches may be allowed to be covered with steel plates or specially
designed trench covers for the purpose of temporarily restoring the
full use of the street, if authorized in writing by the city engineer.
(Ord. 1850 § 1, 1993)
(a)
No person shall make any excavation in any public street in the city
for the purpose of making any service connections for any sanitary
sewer, public utility or cable TV and permit the same to remain open
or unsurfaced for more than forty-eight hours after the making thereof
without the written permission of the city engineer.
(b)
Open trenches may be allowed to be covered with steel plates or specially
designed trench covers for the purpose of temporarily restoring the
full use of the street if authorized in writing by the city engineer.
(Ord. 1850 § 1, 1993)
(a)
Any person who shall excavate in any public street in the city shall backfill the excavation so made, and resurface the same, leaving such street in as good condition as it was before the making of such excavation within the time frames set forth in Sections 13.16.100 and 13.16.110 after the making thereof.
(b)
"Resurface" as that word is used herein, means the restoration of
permanent pavement of a type matching the surrounding pavement. Temporary
paving material may be used for a period of not to exceed fifteen
days, or any time extension approved by the city engineer, provided
the temporary paving material is maintained in good condition and
it is then replaced with permanent paving material.
(Ord. 1850 § 1, 1993)
In the event of any person permitting any break or leak in any
water main, lateral or pipe in any public street in the city to continue
unrepaired for a period of more than seventy-two hours from the time
it was first detected or any lesser period of time, as required by
the city engineer, the city engineer, after having first given to
such person written notice of his intention to do so, shall immediately
proceed to repair such break or leak in such water main, lateral or
pipe, and the cost of repairing such break or leak shall be charged
to and collected from such person by the city, and in the event of
such person failing to pay such cost of repairing such break or leak,
the city may recover the same in an action at law. In the event of
a substantial break or leak, as determined solely by the city engineer,
in any water main, lateral or pipe in the public street, notice to
the utility company will be by telephone and, if there is no immediate
response to the telephone notice, the city shall proceed to repair
such break or leak and collect for the costs incurred in the manner
prescribed above.
(Ord. 1850 § 1, 1993)
In the event any person shall excavate in any public street in the city, except for making service connections provided for in Section 13.16.110, and shall fail to comply with Sections 13.16.100 and 13.16.120, the city engineer, after having first given to such person twenty-four hours written notice of his intention to do so, shall backfill such excavation and resurface the same, putting such street in as good condition as it was before the making of such excavation, and the cost of repairing such excavation shall be charged to and collected from such person by the city; and in the event of such person failing to pay such cost of backfilling such cut or excavation and resurfacing the same, the city may recover the same in an action at law.
(Ord. 1850 § 1, 1993)
In the event any person shall excavate in any public street in the city, for the purpose of making any service connection for any sanitary sewer, public utility or cable TV and shall fail to comply with Sections 13.16.110 and 13.16.120, the city engineer, after having first given to such person twenty-four hours written notice of his intention to do so, shall proceed to fill such excavation and resurface the same, putting such street in as good condition as it was before the making of such excavation and the cost of repairing such cut or excavation shall be charged to and collected from such person by the city; and in the event of such person failing to pay such cost of backfilling such cut or excavation and resurfacing the same, the city may recover the same in an action at law.
(Ord. 1850 § 1, 1993)
Every person making any excavation in any street or placing
any obstructions therein, shall place and maintain barriers and appropriate
warning devices at each side of such excavation of a type and in a
manner approved by the city engineer until such excavation is entirely
refilled or such obstruction removed. From sunset to sunrise, such
person shall place and maintain lights and reflectors upon or adjacent
to such barriers in a manner approved by the city engineer. Upon failure
to place and maintain such barriers, lights and/or reflectors, the
city engineer may do so at the prevailing rental rate, plus twenty-five
percent for overhead, for each such barrier, light and/or reflector,
which sum shall be charged to and collected from such person by the
city.
(Ord. 1850 § 1, 1993)
