Chapter 12.12
STREET AND SIDEWALK EXCAVATIONS AND ENCROACHMENTS

Sections:

12.12.010    Purpose.

12.12.020    Compliance.

12.12.030    Definitions.

12.12.040    Prohibition period.

12.12.050    Permits.

12.12.060    Excavation material.

12.12.070    Backfill.

12.12.080    Paving.

12.12.090    Defects.

12.12.100    Applicability to public utilities.

12.12.110    City work exempted.

12.12.120    Safety precautions.

12.12.130    Drainage.

12.12.140    Violations—Revocation and other penalties.

12.12.010 Purpose.

The purpose of this chapter is to manage, regulate and preserve the public rights-of-way for the benefit of the public welfare. To achieve the purpose of this chapter, the city shall endeavor to coordinate its capital improvement programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve (12) month period. (Ord. 13-3 § 3 (part))

12.12.020 Compliance.

No person shall excavate or encroach under, upon or over any public street, sidewalk, or right-of-way or construct, obstruct, reconstruct, break up, remove, or otherwise disturb or undermine any sidewalk, curb, gutter, cross gutter, drainage facility, street, parking strip, or miscellaneous structure except as provided in this chapter. (Ord. 13-3 § 3 (part))

12.12.030 Definitions.

A.    “Arterial street” means any “commercial” street identified in the general plan.

B.    “Asphalt concrete” or “AC” means blend of aggregate and asphalt binder meeting the specifications set forth in city of St. Helena standard plans and specifications and the Caltrans Standard Specifications Section 39, “Asphalt Concrete.”

C.    “Caltrans” means the State of California Department of Transportation.

D.    Chip Seal. (See the definition of “slurry seal” set forth below.)

E.    “City” means the city of St. Helena, a general law city and a municipal corporation duly organized and validly existing under the laws of the state of California, and all departments, divisions, and offices thereof.

F.    “Encroach” means constructing or placing temporary or permanent structures, improvements, vehicles, equipment, facilities, or materials in, on, over, or under any public right-of-way or using any public right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:

1.    Excavating or disturbing the public right-of-way;

2.    Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;

3.    Planting any tree, shrub, grass, or other growing thing within the public right-of-way;

4.    Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;

5.    Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;

6.    Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way, which causes or may cause an encroachment.

G.    “Engineer” means the city engineer or his or her designee.

H.    “Excavation” means any trench cuts within the street right-of-way to access or install a utility line or any related facility. All such excavations shall require an encroachment permit issued in accordance with the requirements of this chapter.

I.    “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.

J.    “Major arterial street” means those streets identified as major arterials in the general plan.

K.    “Major defects” means any defects greater than the deficiency tolerances specified in city of St. Helena standard plans and specifications; the Caltrans Standard Specifications and Plans; or individual contract plans and specifications.

L.    Micro Paving. (See the definition of “slurry seal” set forth below.)

M.    Micro Surfacing. (See the definition of “slurry seal” set forth below.)

N.    “Permittee” means any person, contractor, utility, or special district that has been issued an encroachment permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.

O.    “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the city, or its officers, employees, or agents.

P.    “Prohibition street” means streets that have been reconstructed or resurfaced within the past three to five years, as more particularly described in Section 12.12.040(A).

Q.    “Public right-of-way” means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

R.    “Public street” means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system.

S.    “Slurry seal” means a mixture (usually less than one inch in thickness) of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the city of St. Helena standard plans and details and the Caltrans Standard Specifications.

T.    “Special district” means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.

U.    “Street overlay” means one or more courses of asphalt concrete on an existing pavement (usually greater than one inch in thickness), and generally includes an asphalt-leveling course to correct the contour of the old pavement.

V.    “Structure” means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guardrail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.

W.    “Underground utility district” has the meaning set forth in Chapter 13.28, Underground Utility Districts.

X.    “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, 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.

Y.    “Wearing surface defects” means the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. 13-3 § 3 (part))

12.12.040 Prohibition period.

A.    Newly constructed or resurfaced streets shall be termed “prohibition streets” within this section. Permission to excavate in prohibition streets will not be granted for five years after the completion of street overlays. An overlay consists of at least a one-inch-thick layer of asphalt. For those streets with chip seal, slurry seal coating, or micro surface treatment, the prohibition period shall be for three years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:

1.    Emergencies that endanger life or property.

2.    Interruption of essential utility service.

3.    Work that is mandated by city, state, or federal law.

4.    Service for buildings where no other reasonable means of providing service exists.

5.    Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.

B.    To excavate in a prohibition street, a waiver must be obtained.

1.    To request a waiver, the applicant must submit a written request to the engineer. The request must include:

a.    The location of the excavation.

b.    Description of the work to be performed.

c.    The reason(s) the work was not performed before the street was paved.

d.    The reason(s) the work cannot be deferred until after the prohibition period.

e.    The reason(s) the work cannot be performed at another location.

f.    The reason(s) it is justified to excavate the prohibition street.

2.    Any excavation in prohibition streets will be repaired with full lane width paving on the street as follows (and as further provided in Section 12.12.080):

a.    Overlaid or Reconstructed Streets. All lanes that are affected shall be ground down two inches and repaved with two inches of asphalt concrete, or all lanes that are affected shall be resurfaced in accordance with the requirements of Section 12.12.080.

b.    Slurry Sealed, Chip Sealed, or Micro Surfaced Streets. All lanes that are affected shall be resurfaced in accordance with the requirements of Section 12.12.080.

c.    A minimum of four feet wide plus one foot on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches, the full lane width along the entire length of the trench entire length plus one foot on either end shall be resurfaced.

d.    Exception: Full lane width restoration shall not be required if either of the following conditions apply:

i.    The work is not considered an excavation as defined in Section 12.12.030.

ii.    The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low-income is defined as eighty percent (80%) or less of the area median family income. The purpose of this exception is to prevent hardship to property owners of limited means, and it shall be interpreted and applied solely to achieve that purpose.

iii.    Before issuing a permit for work in a prohibition street, the engineer shall verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible. (Ord. 13-3 § 3 (part))

12.12.050 Permits.

A.    No person shall construct, obstruct, reconstruct, remove, excavate or encroach over, under, or on any sidewalk, curb, gutter, cross gutter, drainage facility, street, parking strip, or miscellaneous structure without first obtaining a permit from the city. All work shall conform to the permit conditions. Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the public right-of-way shall obtain an encroachment permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.

B.    The permit application may be obtained from the city public works department.

C.    The contractor performing the work shall apply for the permit. The following must be provided to apply for an encroachment permit:

1.    An encroachment permit application form with two sets of plans and a temporary traffic control plan.

2.    A bond, fee, or cash deposit satisfactory to the city engineer in an amount equal to one hundred percent (100%) of the value of the work as a performance security guaranteeing satisfactory completion of the work and warranting the work against defects in materials and workmanship for a period of one year after completion of the work. An engineer’s estimate or bid by a contractor shall be submitted to determine the value of the work. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit required by this section unless/until they have been issued a notice or citation for a violation of any city standards or permit requirements.

3.    A current city business license.

4.    Current evidence of insurance.

5.    Twenty-four (24) hour phone number for emergencies.

6.    The name, telephone number, email address and mailing address (fax number, cell phone if available) of the person who will receive all office correspondence from the city.

7.    Any applicable permits or regulations, such as an OSHA permit or Department of Fish and Wildlife agreement.

D.    All applications shall include plans indicating the following:

1.    Name of the street to be excavated and the nearest cross street.

2.    Distance of proposed excavation from the face of curb.

3.    Distance of proposed excavation from the intersection.

4.    The size of the excavation (length and width).

5.    The location of any above-ground facilities to be installed, showing:

a.    Distance from curb and any street facilities/furnishings.

b.    Purpose of the facility.

c.    Size of the facility.

d.    Location of doors and door swings.

6.    The location of any existing underground facilities and the location of underground facilities to be installed showing:

a.    Conduit vaults, maintenance holes, pipes, etc.

b.    Structural detail and additional information for structures to be installed such as vaults and maintenance holes.

c.    The construction method of the structure to be installed.

d.    Construction detail, location, size, design criteria and the purpose of the facility to be installed.

7.    Cross section of a typical trench indicating:

a.    The approximate depth of the facility to be installed.

b.    Trench backfill depth, compaction and layer depths.

c.    Pavement section detail (type and depths).

d.    Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer, when legally required.

8.    The plan may show the approximate location of the excavation; provided, that an “as built” plan showing the exact location of the excavation is submitted to the city prior to the permit being finalized.

9.    A traffic control, traffic detour, and/or pedestrian detour plan per the California Manual of Uniform Traffic Control Devices.

E.    All encroachment permit fees and deposits are due at the time the permit is issued, unless special arrangements have been made with the engineer. These fees represent the value of staff time in processing a permit application and are nonrefundable.

1.    All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.

2.    If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.

F.    If an account is past due or not in good standing, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.

G.    As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216 of the California Government Code or any successor statute.

H.    If a permittee damages other facilities during their excavation work, the permittee shall repair such damage at permittee’s sole cost and expense. The permittee may need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping in the same material and configuration at their sole cost.

I.    Except in an emergency, encroachment permits shall be taken out prior to the commencement of any excavation work. For the purposes of this chapter, an emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between five p.m. and eight a.m. of normal working days.

J.    In the event of an emergency, the permittee shall promptly notify the city of the emergency and shall apply for an encroachment permit for “emergency work” within four hours after the city’s offices open on the next business day.

K.    Pre-Construction Meeting.

1.    A pre-construction meeting shall be held for all projects that are scheduled to take longer than five working days to complete.

2.    The owner, contractor, any other agency that is involved, and the city shall attend this meeting.

3.    For projects that cannot be completed within five working days, the city may issue administrative citations if a pre-construction meeting was not held.

4.    The temporary traffic control plan shall be approved by the engineer prior to the pre-construction meeting.

L.    Permit duration shall be indicated on the permit:

1.    All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date, unless extended by the engineer as provided in subsection M of this section.

2.    Encroachment permits are not valid if other required permits are not obtained or required notifications are not given.

3.    No disruption of traffic is allowed after four p.m. and before nine a.m. in the vicinity of the schools located on Grayson Avenue, South Crane Avenue, Elmhurst Avenue, Hillview Drive, Tainter Street and Adams Street, unless the encroachment permit specifically authorizes construction during these hours. No disruption of traffic is allowed on other city streets after five p.m. and before seven a.m. unless the encroachment permit specifically authorizes construction during these hours.

4.    Some permits may be valid only on specific dates. They may be approved with special conditions specifying dates:

a.    When work shall be done.

b.    When work shall be completed.

c.    Before which work shall not start.

5.    Permits expire and become void, unless otherwise amended:

a.    Sixty (60) days after the start date, if no work has begun.

b.    If the work is not diligently proceeding and there are delays of more than four working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee’s control.

c.    When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date if not extended by the engineer pursuant to subsection M of this section.

6.    The work is determined to be proceeding diligently if:

a.    After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.

b.    The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.

M.    A valid permit may be extended by requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for extension.

N.    Permit fees are nonrefundable.

O.    By accepting an encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:

1.    To follow all laws, rules, regulations, and permit conditions.

2.    To assure that their employees, contractors, and subcontractors comply with all laws, rules, regulations, and permit conditions.

3.    To indemnify the city against all claims for personal injury or property damage that may arise in connection with the work.

P.    The encroachment permit shall be available at the excavation site during all ongoing work periods, until the project is completed and approved by the engineer. Permit(s) shall be shown to city employees upon request. Failure to maintain the encroachment permit on site and produce it upon request shall constitute a violation subject to the penalties set forth in Section 12.12.140.

Q.    The permittee shall provide public notifications when excavating in the public right-of-way.

1.    Minor projects lasting longer than forty-eight (48) hours but less than five working days shall provide eleven (11) inch by seventeen (17) inch posters with one-inch minimum letters at the beginning and end of the project and every three hundred (300) feet between the beginning and the end of the project. The city engineer shall approve the contents and exact location of such notifications. At a minimum, such notifications shall include:

a.    The names, address, and telephone number of the owner and the permittee.

b.    The start and completion dates of the project.

c.    Such additional information as the engineer deems necessary.

2.    For major projects lasting six working days or longer, shall provide the following notice:

a.    After the permit has been issued and at least five but no more than thirty (30) calendar days before the anticipated start date of work, the permittee shall mail or deliver written notice to:

i.    Residents and occupants along the affected street.

ii.    Schools, churches, and other assembly uses within three hundred (300) feet of the affected street.

iii.    The city planning and public works departments.

b.    At least five calendar days but not more than fifteen (15) calendar days prior to starting work, post and maintain eleven (11) inch by seventeen (17) inch notices in accordance with subsection (Q)(1) of this section. At a minimum, the notices shall contain:

i.    The name, address, and telephone number of the owner and the permittee.

ii.    A description of the project.

iii.    The start and completion dates of the project.

iv.    The name, address and twenty-four (24) hour telephone number of a contact person.

v.    Such additional information as the city engineer deems necessary. (Ord. 13-3 § 3 (part))

12.12.060 Excavation material.

A.    Pavement shall be cut to a straight, neat, vertical line prior to excavation. Jack hammering is not allowed unless the pavement is saw cut or milled at a later date as part of the project.

B.    All excavated material shall be removed from the job site within twenty-four (24) hours.

C.    Every trench must be backfilled and paved or covered by trench plates the same day. The city may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.12.070. (Ord. 13-3 § 3 (part))

12.12.070 Backfill.

A.    Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, “Aggregate Base,” or suitable material as required by the city of St. Helena standard plans and specifications. Compaction of backfill shall be in accordance with the city of St. Helena plans and specifications or using the standard of care in the industry to the reasonable satisfaction of the engineer.

B.    When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.

C.    Compaction tests shall be performed by a geotechnical engineer and certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved. All compaction testing fees shall be borne by the permittee. (Ord. 13-3 § 3 (part))

12.12.080 Paving.

A.    Trenches shall be paved in accordance with the city of St. Helena standard plans and specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to the city’s standards, to a vertical face. The cut shall be a “T-cut,” as required by the city’s standards, and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box. Asphalt concrete shall be delivered and compacted in accordance with the city of St. Helena standard plans and specifications.

To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three feet or less between two damaged areas shall also be removed. Pavement of three feet or less between the trench and lip of gutter or vertical curb shall be removed.

B.    For trenches in recently paved prohibition streets, the entire lane shall be key cut two inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal or micro surfacing instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.

C.    For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal or micro surfacing to the satisfaction of the engineer.

D.    Trenches in concrete streets shall be repaved with concrete to the satisfaction of the engineer. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six inches in the roadway.

E.    Trenches in arterial and collector streets shall be paved to the satisfaction of the engineer with not less than six inches asphalt concrete or match the existing pavement thickness (whichever is greater).

F.    Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor’s control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored within thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor’s control, such as inclement weather.

G.    The asphalt pavement base layer and subgrade shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction, respectively. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch in ten (10) feet in any direction. No area shall be left so that a ponding condition occurs.

H.    On all streets, steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction. Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.

I.    All painted USA markings shall be removed by the permittee after the work has been completed. If the USA markings are on asphalt concrete, then a seal coat or slurry seal shall be used to cover the USA markings. If the USA markings are on concrete, then the USA markings shall be removed by power washing.

J.    All damaged pavement markings, striping, and facilities (such as crosswalk lighting) shall be replaced and restored in the same material and configuration to the satisfaction of the engineer by the permittee. (Ord. 13-3 § 3 (part))

12.12.090 Defects.

A.    If at any time within twelve (12) months after work is performed pursuant to an encroachment permit, the surface of the street, alley, sidewalk, public square or place remains improperly elevated or depressed, or not properly paved, then such defect shall be repaired and put in good order by the permittee who performed the work or the owner of the facilities who caused said excavation work to be performed. Such repairs shall be performed within three calendar days after notice to repair has been served by the engineer upon the permittee or facilities owner.

B.    Depressed trench pavement shall be repaired as follows:

1.    Wearing Surface Defects. Remove and restore wearing surface to the satisfaction of the engineer.

2.    Major Defects. Excavate, remove and restore surface and base to the satisfaction of the engineer. The permit inspector will determine the severity of the defect.

C.    Work not completed in compliance with the requirements set forth in this section shall be rejected, removed, and redone by the permittee, at the permittee’s sole cost and expense, to the satisfaction of the engineer. If any person fails or neglects to make repairs, after receiving the notice provided for by subsection A of this section, then the engineer shall cause such repairs to be made, keeping an account of all expenses incurred therefor, and certify the same to the city attorney, who shall immediately commence proper proceedings to collect from the person or company so failing to put the street, alley, sidewalk or public square or place in proper condition and repair, or from the sureties upon the undertaking, all costs or charges which the city shall have been put to. In any suit brought under the provisions of this section, there shall be taxed as costs a reasonable attorney’s fee, to be fixed by the court, which shall be, when collected, paid to the city attorney for his or her services rendered therein.

D.    The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site’s affected area until the city reconstructs, repaves, or resurfaces the street.

E.    If there is a trench-related failure after the city of St. Helena reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within one year of a trench repair.

F.    When the city of St. Helena determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.

If the responsible party refuses or fails to make the needed repairs immediately, the city of St. Helena will make the repairs and:

1.    The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.

2.    The repair or restoration by the city of St. Helena does not relieve the responsible party from liability for future pavement failures.

3.    If the responsible party fails or refuses to pay the restoration cost, the city may use any legal means available to recover the costs, including but not limited to property liens and/or court action. (Ord. 13-3 § 3 (part))

12.12.100 Applicability to public utilities.

The provisions of this chapter and the standards and requirements adopted pursuant to it apply to each and every public utility and franchisee with facilities in, on, under or above the public right-of-way. (Ord. 13-3 § 3 (part))

12.12.110 City work exempted.

The provisions of this chapter shall not apply to construction, reconstruction or removal made by or under the direction of or contract with the city or any of its officers, in the discharge of the officers’ official duties. (Ord. 13-3 § 3 (part))

12.12.120 Safety precautions.

A.    It shall be the duty of every person doing any work in any public street, alley or other public right-of-way or place to maintain safe crossings for vehicle and pedestrian traffic at all street intersections and safe crossings for pedestrians at intervals of not more than three hundred (300) feet. No street may be blocked without notification and written approval by the city engineer. When approval is granted for street closure, the person responsible for the construction work shall notify the city fire department, police department, and the engineer at least twenty-four (24) hours in advance of closure. All street closures shall be opened for traffic at the end of each workday, unless the city engineer grants special approval in writing.

B.    If the street is not wide enough to hold excavated materials without using a part of the adjacent sidewalk, a barrier upon or along such sidewalk and a pedestrian detour shall be erected and maintained along an approved ADA access path as long as the materials remain along the sidewalk.

C.    Free access must be provided to all fire hydrants and water valves at all times. The permittee shall supply any lights, barricades, signs or other safety devices the city engineer deems necessary for the protection of the public. (Ord. 13-3 § 3 (part))

12.12.130 Drainage.

All existing drainage conduits, pipes, structures, ditches or other facilities in the public street area of the city that provide drainage for stormwater are the property of the city and no person shall divert, plug, abandon, fill, close in, add onto or change them in any manner without a permit from the city engineer. Erosion control shall be provided to prohibit illicit discharges from the construction area. (Ord. 13-3 § 3 (part))

12.12.140 Violations—Revocation and other penalties.

Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, and may be subject to civil penalties and other fines as prescribed by Chapters 1.12 and 1.20. Potential enforcement measures include but are not limited to the following:

A.    Fine. If a city inspector finds that a contractor has committed any of the following violations, then the contractor may be required to pay fine or penalty for his or her actions pursuant to Chapter 1.12.

The above fines, when assessed, shall be deducted from the cash deposit required by Section 12.12.050(C)(2) or will be paid by the applicant if there is not a cash deposit.

B.    Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The engineer shall, within three working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the city manager a request for hearing regarding the suspension. The city manager or his or her designee shall schedule a hearing on the suspension within five working days of receipt of a request for hearing. If the city manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by or existing on the site of the encroachment, he or she shall issue one or more of the following:

1.    An order to correct any particular noncompliance.

2.    A revocation of the encroachment permit.

3.    A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.

4.    A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.

The city manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the city manager or his or her designee shall be final, except a decision to revoke the permit that may be appealed to the city council in accordance with Section 1.16.010.

C.    Revocation. The engineer may recommend that the city manager revoke a permit where he or she finds that:

1.    The permittee has violated any provision of this code or conditions of the permit; or

2.    The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or

3.    The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the public right-of-way or increases the city’s liability exposure; or

4.    The encroachment is causing the city to incur substantial additional maintenance costs; or

5.    Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.

The engineer shall give the permittee at least ten (10) days’ written notice of a hearing before the city manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the hearing, the city manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The city manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the city manager or his or her designee may be appealed to the city council in accordance with Chapter 1.16. (Ord. 13-3 § 3 (part))