For the purpose of this chapter, the following words and phrases shall mean:
Director:
director of public works/city engineer.
Excavation:
an opening in the surface of a city property. "Excavation" does not include an opening into the lawful structure below the surface of city property, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without damage to the city property.
Facility:
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 structure.
Permittee:
a person in receipt of an excavation permit issued pursuant to this chapter.
Substructure:
a pipe, conduit, duct, tunnel, manhole, vault, buried cable, wire or similar structure located below the surface of a city property.
(Ord. 1515)
The director shall be responsible for administration of this chapter and, in such capacity, may do any of the following without limitation:
A. 
Promulgate regulations as deemed necessary or appropriate for the administration of this chapter.
B. 
Make such inspections as are reasonably necessary to enforce this chapter and ensure compliance with the conditions of an excavation permit.
C. 
Authorize closing of streets and alleys to traffic to facilitate an approved excavation.
D. 
Require that a particular size crew perform an approved excavation on a nonstop basis so as to ensure the quickest possible completion when warranted by the location of the proposed work or the circumstances in which it is conducted.
E. 
Require soil testing of backfill by a laboratory or engineer of the director's choice.
(Ord. 1515)
No person shall do any of the following on city property without first obtaining and maintaining in full force and effect an excavation permit:
A. 
Cause or maintain an excavation.
B. 
Construct, reconstruct or repair a curb, sidewalk, gutter, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar improvement.
C. 
Perform grading or filling.
D. 
Subject a water line to excessive loading.
(Ord. 1515; Ord. 1521)
A. 
The director shall, within 60 city business days of the filing of a complete application, approve or conditionally approve the excavation permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.
B. 
The director may deny an application for the excavation permit upon any of the following grounds:
1. 
Failure to complete the application.
2. 
Knowing submission of a misleading or fraudulent statement of material fact.
3. 
The applicant lacks the financial, technical or legal ability to install and maintain the proposed facilities.
4. 
The subject city property lacks capacity to accommodate the proposed facilities.
5. 
The proposed facilities would interfere with future plans for the subject city property as reflected in the city's general plan or capital improvement plan.
6. 
The proposed facilities would adversely impact the public health, safety and welfare.
C. 
An excavation permit shall not be effective until the permittee has paid the inspection fee, and has submitted proof of public liability insurance and a surety bond in a form approved by the city attorney or deposit. The inspection fee amount shall be as set by city council resolution; the amount of the insurance and surety bond or deposit shall be as set by the director. A surety bond shall be submitted if the director authorizes the permittee to resurface or repair the surface of the city property to be affected by the excavation; otherwise a deposit shall be submitted to cover the city's expense of performing the work.
D. 
An excavation permit shall not be effective until the permittee also has executed a city attorney-approved written agreement obligating the permittee to indemnify, defend and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies that the permittee shall incur or suffer as a result of the permittee's operations. Such obligation shall include payment of interest, penalties and legal fees.
(Ord. 1515; Ord. 1521; Ord. 1533)
In addition to any conditions imposed by the director, each excavation permit shall be subject to the following standard conditions:
A. 
The authorized work shall be prosecuted diligently to conclusion.
B. 
The permit shall be kept on site of the work and shall be presented to city representatives on request.
C. 
The permit shall not be transferable.
D. 
The permit shall expire 60 days after issuance if the authorized work has not commenced.
E. 
Access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and other vital equipment shall not be obstructed.
F. 
The permittee shall place and maintain traffic barriers and warning devices in accordance with the instruction of the director.
G. 
Safe crossing for 2 lanes of vehicle traffic shall be maintained at street intersections and safe crossings for pedestrians shall be maintained at intervals of not more than 300 feet.
H. 
Appropriate measures shall be taken to minimize noise, dust and debris to the maximum extent practical.
I. 
Noisy equipment shall not be used in the vicinity of residences between 10:00 p.m. and 7:00 a.m. without the prior written consent of the director.
J. 
Monuments shall not be removed or disturbed without the prior written consent of the director.
K. 
Existing facilities shall not be damaged, interfered with or relocated without the prior written consent of the director and the owner of such facility.
L. 
All necessary steps shall be taken to protect adjoining property from damage.
M. 
Excavated material shall be piled in such manner as to prevent danger to and minimize inconvenience for pedestrians and motorists.
N. 
Streets shall be thoroughly cleaned of soil and debris on a daily basis in accordance with the city's NPDES permit, the permittee's storm water pollution prevention plan and, if necessary, the director's instruction.
O. 
Gutters shall be kept unobstructed for the full depth of the adjacent curb and for at least one foot in width from the curb at the gutter line.
(Ord. 1515; Ord. 1521)
Any person who abandons a substructure shall, within 30 days of the abandonment, file with the director a written statement identifying the precise location of the substructure. The substructure shall be removed at the owner's expense if necessary to accommodate installation of a facility by the city or another government entity.
(Ord. 1515)
Nothing in this chapter shall preclude the making of such excavations as may be necessary to eliminate an immediate threat to the public health, safety or welfare. The person responsible for the excavation shall apply for an excavation permit on the first city business day following the commencement of the work.
(Ord. 1515)
This chapter shall be administered consistent with rights granted by pre-existing franchises and by applicable federal and state law. Any insurance, indemnification and bond requirement imposed by such franchise or law to the exclusion of this chapter shall control in lieu of the provisions of this chapter.
(Ord. 1515; Ord. 1521)