The following definitions are applicable within this section:
"Asphalt concrete" (AC)
means a blend of aggregate and asphalt binder meeting the specifications set forth in the City of Artesia standard specifications, Los Angeles County standard specifications, and the 2022 Caltrans Standard Specifications Section 39, "Hot Mix Asphalt," whichever is more stringent or as directed by the City Engineer.
"Excavate" or "excavation"
means any cutting, digging, potholing or otherwise disturbing the street surface within the public right-of-way to access or install a utility line or any related facility or for other reasons.
"Facility"
means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
"Newly paved street"
means a public street, lane, court, alley, boulevard, median, parkway, parking lot, easement reserved by or dedicated to the City for vehicular or pedestrian travel, or other public right-of-way that was: (a) constructed, reconstructed, or overlaid within the past four years; or (b) slurry sealed within the past two years.
"Permit"
means written authorization from the City Engineer to excavate, encroach upon, or obstruct a public right-of-way in compliance with this section.
"Public right-of-way" or "right-of-way"
means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.
"Utility"
means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
(Ord. 24-950, 9/9/2024)
For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:
(a) 
Non-emergency street excavation is prohibited for a period of five years from the date of notice of completion of street construction, reconstruction, or overlay.
(b) 
Non-emergency street excavation is prohibited for a period of two years from the date of notice of completion of slurry seal. The City Engineer shall attempt to give notice to all owners of substructures located within the City streets who might be affected, approximately six months prior to the probable date of construction of a new paving or repaving of any street in the City. Failure to give such notice shall not affect the further provisions of this chapter.
(Ord. 24-950, 9/9/2024)
The protections on newly paved streets set forth in Section 7-5.02 shall not apply in the following situations nor shall they require any waiver application as set forth in Section 7-5.04:
(a) 
Emergencies that create imminent endangerment of life or property or interrupt essential utility service, as determined by the City Engineer;
(b) 
Work that is mandated by the City, State, or Federal law;
(c) 
Service for new development or new customers where no other reasonable means of providing service exists; and
(d) 
Work by a public utility possessing a franchise from the City and acting in accordance with said franchise; and
(e) 
Other situations deemed by the City Engineer to be in the best interest of the general public.
Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as included herein or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the City acting in the discharge of their official duties.
(Ord. 24-950, 9/9/2024)
To apply for a waiver to excavate within a public street within five years of the completion date of the street construction, reconstruction, or overlay or within two years of the date of notice of completion of slurry seal, the applicant must submit a written request to the City Engineer. The request must include the following:
(a) 
The location of the excavation.
(b) 
Description of the work to be performed.
(c) 
A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.
(d) 
A statement from the applicant setting forth good cause for why the work cannot be deferred until after the respective five year or two year time periods referenced in this subsection.
(e) 
A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
(Ord. 24-950, 9/9/2024)
This section does not amend or otherwise modify, directly or indirectly, the repair, bonding, or other requirements of any franchise granted by the City to a public utility. In the event that an exception or a waiver is granted under, Sections 7-5.03 or 7-5.04 of the Artesia Municipal Code for those not possessing a franchise granted by the City, the City Engineer may impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving. Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work as determined by the City Engineer, and may include the full-width street paving of the roadway.
Any person who is required to repave a street shall obtain an encroachment permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.
Repaving shall be completed per the City of Artesia standards. For concrete streets, repaving shall be from joint to joint of Portland Cement Concrete pavement.
(Ord. 24-950, 9/9/2024)
Any street cut, trench, or condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare. Such condition is hereby declared and deemed to be a public nuisance and may be corrected or abated as directed by the City Engineer.
(Ord. 24-950, 9/9/2024)