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)
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)
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)
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)