A. 
Every person, except as otherwise provided in this Division 1, is required to obtain a permit from the Director before:
1. 
Moving or causing to be moved over, along or across any highway any load or vehicle for which the Vehicle Code for the State of California requires that a permit issue;
2. 
Making or causing to be made any excavation or encroachment in any highway;
3. 
Placing, changing, renewing or abandoning a facility or encroachment;
4. 
Placing, constructing or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;
5. 
Constructing, reconstructing or repairing any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the City exists for the construction, reconstruction or maintenance of such installation;
6. 
Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility;
7. 
Placing or leaving any impediment to travel upon any highway.
B. 
Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor.
(Ord. 89-20, 8/8/1989)
Every permit issued under this Division 1 shall be granted subject to the right of the City or any other person to use that part of the highway for any purpose for which the highway may lawfully be used.
(Ord. 89-20, 8/8/1989)
The permittee shall make the permit available for inspection by the Director or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.
(Ord. 89-20, 8/8/1989)
Every person who commences any activity or work regulated by this Division 1 shall safeguard and complete the activity or work within a reasonable time. Any part of the highway facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the Director. All surplus material of any kind shall be removed from the highway.
(Ord. 89-20, 8/8/1989)
Any person engaged in performing work regulated by this Division 1 which interferes with the safe movement of traffic shall be responsible to have the work safeguarded by adequate warning signs, barricades, lights and devices during all periods of his activity, including but not limited to periods of twilight, nighttime, fog or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required by the Vehicle Code of the State of California.
(Ord. 89-20, 8/8/1989)
The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of the permittee's activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner.
(Ord. 89-20, 8/8/1989)
The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect facilities at the sole expense of the permittee. In case any facilities should be damaged (and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.
(Ord. 89-20, 8/8/1989)
Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to the proposed excavation, exclusive of weekends or legal holidays. Any person receiving notice pursuant to this Division 1 shall, not less than one working day in advance of proposed construction unless otherwise agreed between said person and permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.
(Ord. 89-20, 8/8/1989)
A. 
Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by owner.
B. 
In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:
1. 
Excavations for Highway Construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter.
2. 
Trench Excavation.
a. 
Longitudinal Pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter.
b. 
Transverse Pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located.
(Ord. 89-20, 8/8/1989)
A. 
After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches (18 inches if scarifying), the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction.
B. 
Once the physical location of pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavating, in cooperation with and with the concurrence of the owner, shall determine how to protect the pipeline from damage before proceeding to work.
(Ord. 89-20, 8/8/1989)
The permittee shall defend and save harmless the City, its officers, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken. Permittee shall have the appropriate insurance and file a certificate of insurance with the Director as evidence thereof.
(Ord. 89-20, 8/8/1989)
A. 
Upon completion of the permittee's activity, the Director, at the Director's option, may require the permittee to restore that portion of the highway facilities damaged by the permittee's activity, or the Director may elect to do such restoration, at permittee's expense, as provided in this Division 1.
B. 
Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.
C. 
The base course removed shall be replaced to the same thickness as that of the surrounding base course.
D. 
When the street surface has been treated with a seal or slurry prior to the work under permit, the seal or slurry shall be replaced upon the portion repaired.
E. 
When the structural section removed varies from or exceeds the average existing section, the Director may elect to require the replacement of an equivalent section which would meet the average structural section requirements.
(Ord. 89-20, 8/8/1989)
When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any highway facility has been damaged and the person fails or refuses to repair or restore; then the Director may cause such to be placed, erected, completed, repaired, restored, removed or maintained. The person shall pay any and all costs to the City.
(Ord. 89-20, 8/8/1989)
The Director may restrict the use of, or temporarily close, any City highway whenever such closing or restriction of use is deemed necessary:
A. 
For the protection of the public;
B. 
For the protection of such city highway from damage during storms;
C. 
During construction, improvement or maintenance operations thereon.
(Ord. 89-20, 8/8/1989)