The provisions of this article apply only to permits for the
making of encroachments, including excavations, fills, or obstructions,
for the purpose of installing utilities including, but not limited
to: sanitary sewer, storm drainage, domestic and irrigation water,
oil and natural gas, electrical power, telephone, and television signals;
both main and lateral lines.
(Prior code § 71.301)
No person, or the contractor of any person excepting the contractor
of this city for highway construction, improvement or repair, shall
make, or cause to be made, any encroachment including an excavation,
fill or obstruction in, over, along, or across or through any highway
without first obtaining from the city surveyor a permit to do so.
(Prior code § 71.302)
Application for a permit required by this article shall be made
in accordance with Article I of this chapter. The application shall
specify in detail:
A. The
location, dimensions, purpose, extent and nature of the excavation,
fill or obstruction;
B. The
time during which it is estimated that such excavation or obstruction
will exist.
(Prior code § 71.303)
Every person, unless otherwise exempted by law applying for
a permit required by this article, shall at the time of making application
for the permit pay an issuance fee of three dollars.
(Prior code § 71.307)
Permits issued under this article are nontransferable.
(Prior code § 71.309)
Every permit for an excavation in or under the surface of any
highway shall be granted subject to the right of the city, or of any
other person entitled thereto, to use that part of such highway for
any purpose for which such highway may lawfully be used.
(Prior code § 71.308)
Every application shall contain a statement, signed by the applicant,
that as to any encroachment not placed in a right-of-way belonging
to applicant which is prior in time and/or right to the city's right-of-way,
if any tank, pipe, conduit, duct, tunnel, pole, anchor, or overhead
line placed in the excavation or obstruction for which a permit is
issued interferes with the subsequent improvement, grading or realignment
of the highway by the city, then the applicant and his or her successors
or assigns will at his or her own expense remove such tank, pipe,
conduit, duct, tunnel, pole, anchor, or overhead line, or relocate
at a location designated by the surveyor.
(Prior code § 71.304)
The surveyor may require each applicant for a permit to file
with him or her proof of the applicant's right to use the highways
for the purposes set forth in the application.
(Prior code § 71.305)
The surveyor may require such changes in the location of the
proposed excavations, fills or obstructions as may necessary to prevent
undue interference with the use of the highway for other lawful purposes
provided the changes required will not unreasonably interfere with
the applicant's rights of such use.
(Prior code § 71.306)
The surveyor may cancel a permit unless the work therein permitted
is commenced within sixty days of the issuance thereof and thereafter,
in the opinion of the surveyor, is diligently prosecuted to completion.
(Prior code § 71.310)
A. No permit shall be required in advance of performing work of the persons, firms or agencies listed in Section
12.04.030, or of any public utility company subject to regulation by the Public Utilities Commission of the state, or of any distributor of public water supply for excavations required for service connections to existing pipelines or conduits maintained in highways, or for excavations reasonably necessary for the location of trouble in such pipelines or conduits or the making of necessary repairs, but not replacements thereto.
B. In
such event, however, a report of the excavation, in such form as may
be required by the survey- or, shall be filed with the surveyor within
five days after the excavation is made and all provisions of this
chapter for the protection of the public and governing repairs to
the highway shall apply to the same extent as where applications and
permits are required.
C. There
shall be paid with each such report the same fees and deposits as
would otherwise be required for a permit.
D. In
all other cases, each applicant for an excavation permit shall file
with the surveyor as a condition to the granting of the permit, such
plats, maps and descriptions of the work to be done as may be reasonably
required by the surveyor for the purpose of maintaining full and complete
records of the structures within the highways, and for establishing
responsibility for the protection of the public and repairing the
property damaged. The advance exemption from obtaining a permit granted
by this section shall not apply to the contractor of the persons,
firms or agencies so exempted.
(Prior code § 71.311)
Any person who is subject to the rules and regulations of the Public Utilities Commission of the state shall not be required to obtain a permit to install, maintain, replace, repair or relocate any telephone or electric pole, anchor, or overhead lines; provided, however, that any person exempted by this section from obtaining a permit shall be deemed to be a permittee under a blanket permit while performing any work referred to in this section and shall comply with all regulations and requirements of this chapter imposed on a permittee or otherwise imposed on such person; and further provided, that no such person shall be deemed exempted by this section unless such person has on file with the surveyor a signed and unrevoked statement of the sort required by Section
12.04.020 and of the sort required by Section
12.04.280.
(Prior code § 71.312)
Nothing in this article prohibits any person from maintaining,
by virtue of any law, ordinance or permit, any pipe or conduit in
any highway, or from making such excavation as may be necessary for
the preservation of life or property when such necessity arises during
such hours as the offices of the city are closed, if the person making
such excavation obtains a permit therefor within one day after the
offices of the surveyor are first opened subsequent to the making
of such excavation.
(Prior code § 71.213)
A. Except as provided in subsections
B and
C of this section, each applicant for a permit, in addition to payment of the issuance fee, shall deposit with the surveyor a sum of money, in no event less than ten dollars, which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or obstruction. The cost shall be estimated by multiplying the number of square feet of surface which may be damaged as shown by the application and plat, and the number of inches of thickness, plus one inch, by such sum as the city council by order determines to most adequately represent the actual cost. Such order shall in no event specify a sum greater than twenty-five cents. The city council may change and revise such order from time to time. In the absence of any such order the amount shall be ten cents. In all cases the cost shall be presumed to be not less than one dollar.
B. An
exemption from the provisions of this section shall be granted to
an applicant for a permit in the case of a contract secured by a faithful
performance bond, which contract is awarded by this city; provided,
however, the applicant shall furnish a written certification by the
surveyor of the satisfactory restoration of the highway as a condition
precedent to the acceptance of the work under such contract by this
city.
C. Where the deposit as calculated above will exceed three thousand dollars, an exemption from the provisions of this section shall be granted for the excess above three thousand dollars to an applicant for a permit in the case of a contract secured by a faithful performance bond, which contract is awarded by a public agency which is exempt from payment of fees or deposits as provided by Section
12.04.030, or by a public utility company authorized to occupy a county roadway under terms of a franchise granted by the city, or under the terms of a franchise issued by the state; provided, however, that the public agency or public utility company for whom the work is to be performed shall submit to the surveyor a written guarantee of restoration of the highway to the satisfaction of the surveyor and a guarantee of payment of all costs for which the agency or the company or their contractor may become liable to the city; and, further provided, that the public agency or public utility company for whom the work is to be performed shall submit to the surveyor evidence satisfactory to the surveyor that the applicant shall be required to furnish a written certification by the surveyor of the satisfactory restoration of the highway as a condition precedent to the acceptance of the work by the public agency or public utility company.
(Prior code § 71.314)
In lieu of making the special deposit required by Section
12.04.315, the applicant may make and maintain with the surveyor a general deposit in an amount estimated by the surveyor to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, but not to exceed one thousand dollars. The general deposit shall be held and used for the same purposes as said special deposit. While a general deposit is maintained in an amount sufficient to cover the amount of deposit required for the making of any excavation, or obstruction sought to be made, the applicant need not make any special deposit.
(Prior code § 71.315)
If, in the opinion of the survivor, any special or general deposit
is not sufficient for the proper protection of the public interest
in the highways in which it is proposed to excavate, or on which it
is proposed to place obstructions, the surveyor may require an additional
deposit in such amount as he or she determines will be sufficient
to protect such public interest.
(Prior code § 71.316)
The city shall deduct from any deposit made or maintained by
the permittee:
A. The
permit issuance fee, if that has not otherwise been paid;
B. The
cost to the city of refilling any excavation or removing any obstruction;
C. The cost to the city calculated pursuant to subsection
A of Section
12.04.315, of resurfacing the highway;
D. The
cost of any inspection by the surveyor.
(Prior code § 71.317)
After making the required deductions, the city shall refund
to the applicant any amount still remaining in the special deposit
in the manner as provided by law for the repayment of trust moneys.
If any deposit made is less than sufficient to pay all fees and costs
to be deducted, the permittee shall, upon demand, pay to the surveyor
an amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency upon demand, the city may recover the same
by action in any court of competent jurisdiction. Until such deficiency
is paid in full a permit shall not be issued to such permittee.
(Prior code § 71.318)
If a person makes and maintains with the surveyor a general deposit, the deductions provided for in Section
12.04.330 need not be made. In lieu of such deductions, the surveyor may bill such person for the amount owed by him or her to the city under the provisions of this article. If such amount is not paid within fifteen days of the transmission of such bill, the surveyor may deduct such amount from the general deposit, and Sections
12.04.330 and
12.04.335 shall apply.
(Prior code § 71.319)
Every permittee who makes, or causes to be made, any excavation,
or constructs, puts upon, maintains, or leaves any obstruction or
impediment to travel, or piles or places any material in or upon any
highway, or installs or maintains, or causes to be installed or maintained,
any tank, pipe, conduit, duct, or tunnel in or upon, or under the
surface of any highway, at any location other than that described
in the application, as amended, if amended, by the surveyor, and shown
in the plat filed with such application, or in any way contrary to
the terms of the permit, is guilty of a misdemeanor.
(Prior code § 71.320)
In any permit issued by him or her the surveyor may specify
what lights, barriers, warning signs or other measures designed to
protect the traveling public must be erected by the permittee.
(Prior code § 71.321)
A. If
the permit does not specify what lights, barriers, warning signs or
other measures must be erected by the permittee, the permittee shall
place and maintain warning lights at each end of such excavation or
obstruction and at distances of not more than fifty feet along such
excavation or obstruction from sunset of each day to sunrise of the
next day, until such excavation is entirely refilled and resurfaced
or such obstruction is removed, and shall place and maintain barriers
not less than three feet high at each end of any such excavation or
obstruction at all times, until such excavation is entirely refilled
or such obstruction is removed.
B. The
upper portion of each of these barriers shall consist of a substantial
sign approximately one foot high and four feet wide and on each side
thereof bearing a sign complying with one of the following requirements:
1. In
letters, not less than three inches high and neither yellow nor black,
bearing the name of the permittee, on a background of alternate three-inch
black and yellow stripes. The stripes shall be at an angle between
forty-five and sixty degrees from the horizontal.
2. In
letters, not less than six inches high, bearing the word "excavation."
3. In
conformity with the regulations adopted by the State Division of Highways,
pursuant to Section 465.7 of the
Vehicle Code.
(Prior code § 71.322)
Immediately upon completion of the work necessitating the excavation
or obstruction permitted by any permit issued pursuant to this chapter,
the permittee shall promptly and in a workmanlike manner refill the
excavation or remove the obstruction.
(Prior code § 71.323)
A permittee shall refill an excavation in the manner which the
surveyor determines is most effective to accomplish thorough consolidation
and enable the highway to be restored to a condition equivalent to
that in which it was prior to the excavation.
(Prior code § 71.324)
If any permittee fails or refuses to refill any excavation which
he or she has made, or remove any obstruction which he or she has
placed in any highway, the surveyor may do so and charge the cost
thereof to the permittee.
(Prior code § 71.325)
Upon completion of the refilling of the excavation, the permittee
shall so notify the surveyor, in writing, on a form prescribed by
the surveyor.
(Prior code § 71.326)
A. Upon
completion of the refilling of the excavation, the surveyor, may require
the permittee to resurface that portion of the highway surface damaged
by the permittee's excavation or obstruction, or the surveyor may
direct city staff to perform the resurfacing. Where the pavement or
surface has been removed, the permittee shall replace it with a new
pavement section one inch greater in thickness than that of the surrounding
pavement or surface, and, in no event, to a thickness less than two
inches, while matching the finished surface elevation of the previous
pavement or surface. Where a treated or modified subgrade or surface
has been removed or destroyed, the permittee shall replace it to a
thickness of not less than that of the surrounding or adjacent subgrade
or surface, unless the surveyor orders that the repair of such treated
or modified subgrade or surface shall be made by an oil and rock mixture,
in which case the thickness shall not be less than one-half the thickness
of the treated or modified surface or subgrade.
B. Pavement
cuts for underground utilities in all new, reconstructed or resurfaced
city roads shall be prohibited for three years following project pavement
treatment by the city. Pavement treatment shall be defined as asphalt
concrete resurfacing, chips seals, or slurry seals. This prohibition
shall include, but not be limited to excavation for utility system
installations, replacements, maintenance, and upgrading.
If the surveyor grants an exception to this prohibition, for
trenching longitudinal to the centerline of the street the permittee
shall be required to resurface the full width of the street for the
entire longitudinal length of trench. For trenching perpendicular
to the centerline, the permittee shall be required to resurface the
full width of the street for a longitudinal dimension measured along
centerline equal to no less than five feet beyond the outside of the
trench excavation. For trenching on an angle from centerline, the
permittee shall be required to resurface the full width of the street
for the entire longitudinal length of trench.
C. All
paving shall comply with the most current Regional Standard Drawings
and Notes and be approved by the surveyor as part of an encroachment
permit prior to utility work being performed.
(Prior code § 71.327; Ord. 381 § 1, 2009)
If, after the refilling of an excavation, the permittee fails or refuses to resurface that portion of the surface of the highway damaged by him or her, or if the surveyor elects to do such resurfacing, the surveyor may do such resurfacing. The cost of such resurfacing shall be charged against the permittee, except in those instances where the permittee's excavation is within an area of pavement to be immediately reconstructed by the city, and the resurfacing of the excavation is an integral part of the general city improvement. The cost shall be computed as provided in subsection
A of Section
12.04.315.
(Prior code § 71.328)
If, at any time subsequent to the first repair of a surface
of a highway damaged or destroyed by any excavation or obstruction
in such highway, it becomes necessary again to repair such surface
due to settlement or any other cause directly attributable to such
excavation or obstruction, the permittee shall pay to the surveyor
the cost of such additional repairs. If the permittee fails or refuses
to pay such additional costs upon demand, the city may recover such
additional costs by an action against such permittee in any court
of competent jurisdiction.
Until such costs are paid the surveyor shall not issue any permits
to such permittee.
(Prior code § 71.329)