Chapter 15.28
EXCAVATIONS*
* Editor’s Note: This chapter was revised in its entirety by Ord. 2004-07. The following prior code sections were formerly codified in this chapter: Prior code §§ 7300, 7302 and 7303; part of Ord. 94-12 was also formerly codified in this chapter.
For statutory provisions relating to obstruction on public ways, see Gov. Code § 38775.
Sections:
15.28.010 Street cutting – Permit required.
15.28.020 Application and fees.
15.28.030 Restrictions on street cutting.
15.28.040 Standard Specifications and Standard Plans.
15.28.050 One-day notice to abate obstruction.
15.28.080 Public nuisance declared.
15.28.010 STREET CUTTING – PERMIT REQUIRED.
No person shall open, excavate or dig any trench, or opening in any public street in the city, without first obtaining the written permission of the director of public works to do so.
(Ord. 2004-07 § 2 (part), 2004).
15.28.020 APPLICATION AND FEES.
Any person desiring to open, excavate, or dig any trench or opening as aforesaid shall, before obtaining permission from the director of public works as aforesaid, sign a written application therefore and shall pay to the city of Santa Cruz in advance a permit fee as determined by city council resolution.
(Ord. 2004-07 § 2 (part), 2004).
15.28.030 RESTRICTIONS ON STREET CUTTING.
Any opening, trench or excavation so made shall be filled up and closed and the street again placed in the same condition as prior to making of such opening, trench or excavation by the director of public works at the expense of the person making the same. The work for which excavation, digging up or opening is made shall be prosecuted with due diligence and so as not to obstruct the street or travel thereon more than is actually necessary to perform the work. And no more than fifty feet in length shall be dug, excavated or opened by any person at any one time, or in any one place.
(Ord. 2004-07 § 2 (part), 2004).
15.28.040 TECHNICAL PROVISIONS OF THE STANDARD SPECIFICATIONS AND STANDARD PLANS.
Construction of utilities, excavating and backfilling streets and replacing pavement surfacing within public streets shall be performed in accordance with the technical provisions of the Standard Specifications and Standard Plans of the City of Santa Cruz.
(Ord. 2004-07 § 2 (part), 2004).
15.28.050 ONE-DAY NOTICE TO ABATE OBSTRUCTION.
In case the work is not prosecuted with due diligence, or is prosecuted so as to obstruct the street and the travel thereon, the director of public works shall notify the person doing said work to perfect the same within one day; said notice shall be in writing or printed and shall be served by delivery to the person doing the work or left at the residence or place of business of such person if known. And if not so completed the director of public works shall immediately restore the street to original condition as herein provided at the expense of the person doing the work.
(Ord. 2004-07 § 2 (part), 2004).
15.28.080 PUBLIC NUISANCE DECLARED.
If any person shall open, excavate or dig any trench or opening in any public street in the city contrary to the terms of this chapter or without first obtaining the written permission of the director of public works, such trench or opening is hereby declared to be a public nuisance and the director of public works hereby authorized and empowered to remove any pipe laid in such trench or opening if any pipe be laid thereto and to fill up and close such opening or trench.
(Ord. 2004-07 § 2 (part), 2004).
15.28.090 EMERGENCY.
Nothing in this chapter pertaining to excavations shall be construed to prevent any person maintaining any pipe or conduit in any public street by virtue of any law or provision of this code or of any ordinance or permit 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. Provided, that the person making such excavation shall notify the director of public works of the making of such excavation within four hours after the offices of the city are first opened subsequent to the making of such excavation and the deposit herein required shall be made within the period of four hours.
(Ord. 2004-07 § 2 (part), 2004).