Chapter 12.08
EXCAVATIONS
Sections:
Article I. Excavations
12.08.010 Compliance required.
12.08.020 Permit—Required—Application.
12.08.030 Permit—Bond.
12.08.040 Inspection costs.
12.08.050 Violation—Penalty.
Article II. Lighting and Barriers
12.08.060 Excavations in public streets.
12.08.070 Dangerous vehicles and materials.
Article I. Excavations
12.08.010 Compliance required.
It is unlawful for any person, firm or corporation to open or tear up the roadway of any public street or highway in the town or any sidewalk adjacent thereto, or to fill the openings and restore the pavement or sidewalk thereover, or to open a trench or trenches in any portion of the roadway or of the sidewalk adjacent thereto, except in compliance with the provisions of this article. (Ord. 48 § 1, 1925)
12.08.020 Permit—Required—Application.
Every person, firm or corporation desiring to open or tear up the roadway of any street or highway or the sidewalk adjacent thereto, or to open a trench or trenches in any portion of the roadway or of the sidewalk adjacent thereto, shall first make application to the superintendent of streets for permission to do the work, setting forth the name of the street or highway which is desired to be opened or torn up, or in which, or across the sidewalk adjacent to which, trenches are desired to be laid, and the purpose or necessity therefor, and the location, approximate depth and width of the proposed trench or trenches. (Ord. 329 § 11(a), 1974; Ord. 48 § 2, 1925)
12.08.030 Permit—Bond.
Before granting any permit provided for by this article, the superintendent of streets shall cause an estimate to be made of the expense of opening the street or sidewalk and of restoring the same in proper condition as provided in this article, and of the probable expense of overseeing the same, and the applicant must either deposit the amount of such estimate with the superintendent of streets, or furnish in lieu thereof a good and sufficient bond in twice the amount of the estimate, such bond to be satisfactory to and approved by the superintendent of streets, and such bond shall be in substantially the following form:
KNOW ALL MEN BY THESE PRESENTS:
That ____ , as principal, and ____ and ____ , as sureties, are held and firmly bound unto the Town of Atherton for the benefit and indemnity of said Town in the sum of $ ___, for the payment of which sum to the Town of Atherton we bind ourselves, our heirs, executors, administrators and assigns jointly and severally, firmly by these presents.
Sealed with our seals and dated this ____ day of ____ , 19__.
The condition of the above obligation is such that whereas (name of applicant) is about to (description of work intended) and has made application to this Town of Atherton for a permit so to do in compliance with the ordinance of said Town.
NOW, THEREFORE, if the above bounden principal shall do, or cause to be done, in a proper and workmanlike manner all of said work, including excavating, filling, paving or laying of pavement, restoring sidewalk, removing debris, waste and other materials, all to the satisfaction of the City Council of the Town of Atherton, or its duly constituted agent, and shall further well and truly pay, or cause to be paid, the compensation of an inspector of said municipality for overseeing said work to the amount of $__ per day while said work is in progress, and any sums, costs and expenses incurred by said Town in the repair of said street or sidewalk as the case may be, and removing surplus material therefrom, then this obligation to be void; otherwise to remain in full force and effect.
WITNESS our hands on this ____ day of ____ , 19__ .
_______________(SEAL)
Principal
_______________(SEAL)
_______________(SEAL)
Sureties
(Verification of sureties.)
(Ord. 329 § 11(b—f), 1974; Ord. 48 § 3, 1925)
12.08.040 Inspection costs.
Each applicant shall deposit with the municipality at the time of making application the estimated amount for town inspection, based upon an inspection charge of two dollars and fifty cents per inspection while the work is in progress. All sums paid to or deposited with the superintendent of streets under the provisions of this chapter shall be paid forthwith into the treasury. (Ord. 329 § 11(g), 1974; Ord. 48 § 4, 1925)
12.08.050 Violation—Penalty.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail of not more than ten days, or by both such fine and imprisonment. (Ord. 48 § 5, 1925)
Article II. Lighting and Barriers
12.08.060 Excavations in public streets.
Every person, firm or corporation by whom, or under whose immediate direction or authority, either as principal, contractor, superintendent, employer or employee, any portion of any public street may be made dangerous, must erect, and so long as the danger may continue, maintain around the portion of such street so made dangerous, a good and substantial barrier, and cause to be maintained at each end of such barrier, during every night, from sunset until daylight, a lighted lantern. (Ord. 19 § 1, 1923)
12.08.070 Dangerous vehicles and materials.
Every person, firm or corporation, who, as principal, contractor, superintendent, employer or employee, shall suffer or permit any vehicle of any kind, any machinery, any lumber, gravel or foreign substance, or any structure, to remain during the nighttime upon any public street, shall, during every such night, from sunset until daylight, cause to be maintained and hung upon such vehicle, machinery, lumber, gravel, substance or structure, one or more lighted lanterns so that the same may be visible to any person traversing the street in any direction. (Ord. 19 § 2, 1923)