Chapter 12.20

12.20.000    Chapter Contents


12.20.010    Definitions.

12.20.020    Disturbance of public property--Permit required--Emergency excavation.

12.20.030    Permit--Application filing requirements.

12.20.040    Permit--Conditions of issuance--Contents.

12.20.050    Fees for permits.

12.20.060    Bond may be required--Insurance requirements --Compliance with state law.

12.20.070    Notice for commencement--Notice for inspection.

12.20.080    Devices for warning public.

12.20.090    Safety provisions to be observed.

12.20.100    State safety standards and regulations adopted--Interpretation in case of conflict.

12.20.120    Pedestrian and vehicular crossings.

12.20.130    Interference with utilities--Protection of apparatus.

12.20.140    Protection of other property--Excavations, trees and foliage, sod, topsoil.

12.20.150    Maintenance of postal service.

12.20.160    Monuments not to be disturbed without authorization.

12.20.170    Damage to existing improvements.

12.20.180    Property lines and easement limits.

12.20.190    Excavated soil.

12.20.200    Fire apparatus to be unimpeded.

12.20.210    Provision for water flow.

12.20.220    Cleaning area after construction.

12.20.230    Snow and ice removal.

12.20.240    Sanitary facilities.

12.20.250    Pipe trenches.

12.20.260    Removal of water from trenches.

12.20.270    Excavations through pavement.

12.20.280    Tunnels under pavement--Pipe casings.

12.20.290    Compacting of backfill.

12.20.300    Restoration of roadway surfaces.

12.20.310    Restoration by city engineer upon default.

12.20.320    Plans of use of subsurface street space.

12.20.330    Location of utilities.

12.20.340    Nuisances designated--Abatement.

12.20.350    Applicability of chapter to public utilities.

12.20.365    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

12.20.010 Definitions

The following definitions are provided for the sole purpose of proper interpretation and administration of this chapter:

A.    "City engineer" means the city engineer or his duly authorized representative.

B.    "Construction" or "construct" means constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, repairing and using any utility system or portion thereof.

C.    "Distribution system and/or lines" used either in the singular or plural means and includes pipes, conduits, poles and wires, sewer and water pipe lines, mains, laterals, feeders, regulators, meters, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto, or in any way appertaining to utilities.

D.    "Maintenance," "maintaining" and/or "maintained" means and includes the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating and restoring operations incidental thereto.

E.    "Permittee" means any person, company, partnership or corporation or its successors and assigns who has applied for or holds a permit from the city to construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public property, public improvements and other places in the city, a system of pipes, pipelines, water mains, power conduits, underground or overhead wiring, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances and appliances incidental thereto or in any way appertaining thereto.

F.    "Person" means any person, firm, association or corporation.

G.    "Public property" means and includes streets, alleys, sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds, public improvements and other public places within the present and/or future corporate limits of the city.

H.    "Roadway" means a paved, improved or proper driving portion of a public rights-of-way designed or ordinarily used for vehicular travel.

I.    "Utility" or "utility system" means any gas, oil, water, sewer, light, power, telephone, television, steam, burglar alarm, distribution system, pipes or pipelines, conduits, poles and wires or other facilities necessary or appertaining thereto, and railroads, both public and private, and whether operating under a franchise or not.

(Ord, 2972 §1, 1956).

12.20.020 Disturbance of public property –Permit required –Emergency excavation

It is unlawful for any person to place any poles or wires upon or above, or any ducts, conduits or wires below the surface of any public properties, to dig up, break, excavate, tunnel, undermine, cut or in any way obstruct or disturb any public properties in the city, or to fill in, place or leave or deposit in or upon any public properties any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same for the installation and/or maintenance of a utility system, or portion thereof, or for the purpose of making a utility connection with any premises without having first obtained a permit, or without complying with the provisions of this chapter, or at variance to the terms of any such permit; provided, however, that in case of an emergency arising out of office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the police department, and the necessary excavation may be made upon the express condition that an application be made in the manner provided in this chapter on or before noon of the next following business day.

(Ord, 2972 §2, 1956).

12.20.030 Permit –Application filing requirements

An application for permit shall be filed in duplicate in the office of the city engineer on such forms as are specified by the city engineer and shall be accompanied by a detailed plan, specifications and profiles of such size and such scale as may be prescribed by the city engineer of pipes or mains and fixtures to be laid or installed underneath public properties, which shall show the centerline of the street or alley, and in relation thereto the position, location and depth of the distribution system, the height of the proposed work, the pipes or mains intended to be laid, the size of the pipes or mains, the location of the manholes leading to the pipes or mains, if any, and the depth of the pipes or mains from the surface, and such other information as he may require. The permittee, its successors and assigns, shall amend the plans, specifications and profiles in accordance with the orders of the city engineer, before the city issues the permit and before the permittee commences construction or the laying of any pipes or mains, or the construction of any overhead utility service. The permittee shall advise the city engineer in writing of the plan of the excavation, obstruction or other thing desired to be done or constructed, the size thereof, the purpose therefor, the public property to be so excavated and/or obstructed, together with a full description of the nature of such work, the name of the person, firm or corporation for whom or which the work is being done. Whenever additional improvements or extensions are made, additional plans, specifications and profiles shall be filed with the city in the same manner as required above. The application shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done and that no openings shall be made or obstruction erected until necessary fittings and materials are available and on hand to complete the work.

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or until the refill is made ready for the surface to be put on by the city if the city restores such surface. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city engineer. If an extension of time is needed to complete the work beyond the time originally prescribed, a new application for a permit must be filed, and when the application therefor is signed by the city engineer, it shall constitute the permit, provided the bond and insurance is extended for the period of the extension granted.

(Ord. 2972 §3, 1956).

12.20.040 Permit –Conditions of issuance –Contents

If, after examining such application and map, plans and specifications, the city engineer approves the same and the bond and a workmen’s compensation insurance certificate, if required, are filed, he may issue a permit therefor. Such permit shall specify the name and location of the public properties in front of, through, over, under or near which such acts are to be performed or done, together with a description of the proposed work or acts to be done under such permit, and the length of time allowed for the completion thereof. The permit shall require the repairing and restoring to as good or better condition and in compliance with the conditions and specifications of this chapter, of whatever portion of the public properties and/or private properties which may be obstructed, disturbed or affected in any way within a specified time. The acts and work authorized and/or required under such permit shall at all times be under the supervision and control of the city engineer, or persons acting under his direction, but at the expense of the person procuring such permit.

The city engineer may in his discretion defer the granting of the permit provided for above until such time as he deems proper in all cases in which the public properties where the work desired to be done are occupied or about to be occupied in any work by the city or by some other person having a right to use the same in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time. He may in granting such permit so regulate the manner of doing such work as shall cause the least inconvenience to the public in the use of such public properties, and in all cases any work of the city or its contractors or employees shall have precedence over all work of every kind.

(Ord, 2972 §4, 1956).

12.20.050 Fees for permits

A.    Fees for such permits shall be as set forth in Title 4 of this code. The fees as set forth in Title 4 of this code shall apply to excavations made by all private utility companies for utility projects, including natural gas, telephone, power, light and telecable.

(Ord. 5126 §2, 1990; Ord. 4733 §1, 1986; Ord. 4422 §8, 1983; Ord, 2972 §5, 1956).

12.20.060 Bond may be required –Insurance requirements –Compliance with the state law

A.    Before the issuance of any permit the city may require the permittee to furnish to the city a bond to insure performance of the permittee’s obligations under this chapter. The amount of such bond may be varied from time to time in accordance with the size of the project, or may be entirely excused in case of excavations of a minor nature. Such bond shall be in a form to be approved by the city attorney, and with a surety approved, conditioned that the permittee will comply with all the provisions of this chapter, and that he will keep and save harmless the city from any and all claims, liabilities, judgments, costs, casualties, accidents or damages and expenses arising from any negligence of such permittee on account of any act which he may do or suffer to be done, or omission of the permittee in the performance of the work under the permit, or which may be done by any of his agents, servants or employees, or which may arise from any his agents, servants or employees, or which may arise from any negligence of himself, his agent, servants or employees, or in any event in obstructing or in any way disturbing any private or public properties, or by reason of the violation of any of the provisions of this chapter; provided, that the bond shall be required of electric and telephone utilities only when they place wire underground. The permittee shall also indemnify and save harmless the city from all suits and actions of every description brought against the city for or on account of any injuries or damages received or sustained by any person by reason of failure to erect and maintain the required guards, barricades or signals; provided further, that in case the act or acts permitted under such permit necessitate for any purpose the cutting into or under any public properties in the city, the bond shall be conditioned that the person, firm or corporation applying for and acting under the permit shall replace the portion thereof affected thereby, and shall restore the same at its expense to as good or better condition within the time specified by the city engineer; and further conditioned that the permittee will maintain such public properties so restored for a period of two years from and after such restoration. Settlement within the two-year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work and the release of the same shall not prevent the city from making claim against the permittee for any uncompleted or defective work, if the same is discovered within two years from the date of such release. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after completion of the work.

B.    The permittee shall also maintain in full force and effect, with an insurance company satisfactory to the city, the following:

1.    Bodily injury liability insurance with limits of one hundred thousand dollars for each person injured by reason of the work for which the permit was issued, and two hundred thousand dollars for each occurrence;

2.    Property damage liability insurance with limits of fifty thousand dollars for each accident.

C.    The permittee shall also comply with all of the workmen’s compensation and safety laws of the state as the same now exist or may be hereafter amended, and shall file a workmen’s compensation insurance certificate with the city engineer when the permit is issued; provided, however, if the permittee hires no personnel, such requirement may be waived.

(Ord. 4228 §10, 1980; Ord, 2972 §6, 1956).

12.20.070 Notice of commencement –Notice for inspection

A.    The permit shall be issued in duplicate, and the city engineer shall notify the fire department, police department, the city clerk-treasurer, the traffic engineer, the water superintendent, the building superintendent and the street superintendent that such permit is on file in the city engineer’s office.

B.    The permittee shall give twenty-four hour written notice to the city engineer before it makes any opening in public properties for installations in excess of one hundred feet and two hours’ notice of any other openings in public property. Before it commences to backfill any opening of public properties, it shall give two-hour notice to the city engineer and obtain his approval.

C.    The permittee shall give written notice of the opening and backfilling of public properties to any corporation whose pipes, poles, mains or conduits are laid in the street, if it knows of their existence, and that they will be disturbed by such excavation at least twenty-four hours before commencing the same, and shall at his expense replace and pack the earth wherever the same shall have been removed, loosened or disturbed under or around them, so that they will be well and substantially supported.

D.    When any work done under a permit issued by the public works director is completed and ready for inspection, the person to whom the permit has been issued shall, within twenty-four hours after completion of the work, notify the public works director in writing that the same has been completed and is ready for inspection, and the public works director shall cause the work to be inspected within a reasonable time thereafter. Any delay in giving written notice to the officials as required herein shall render the permittee liable to a penalty as set forth in Title 4 of this code, and he shall also be liable for all damages done or suffered by the city or any person, firm or corporation caused by such delay, and the bond provided for in this chapter shall stand as security for such penalty and damages.

(Ord. 5126 §3, 1990; Ord, 2972 §7, 1956).

12.20.080 Devices for warning public

In case any public property shall be dug up, excavated, undermined, cut, disturbed, or obstructed, or any obstruction placed thereon, the persons, firm, or corporation causing the same shall erect, and so long as the condition exists, and any danger may continue, maintain around such portion of the public properties a good and sufficient barrier, watchman, guards, barricades, signals, signing, such as Construction, No Parking, Street Closed, and Detour, lighting, and such other safeguards as may be required, at all unsafe places on the work at his own expense to protect persons and property from injury, all of which shall be approved by the city engineer. He shall also cause to be maintained securely and conspicuously posted, during every night from sunset to daylight, around and at each end of such obstruction, a lighted lantern or lamp wherever necessary showing a red light or approved red flasher light, flares, or flare pots at his own expense. If the excavation is ten feet or less long, one such light or flare shall be so maintained; if it is over ten feet long but less than fifty feet long, three such light or flares shall be so maintained, with one at each end of it; and for excavations longer than fifty feet, such lights or flares shall be maintained on every twenty-five feet or part thereof for longitudinal cuts, but such lights or flares shall be maintained at six-foot intervals for transverse cuts; provided, that during the nighttime or during the daytime when, due to climatic or other causes, the visibility is less than one hundred fifty feet on twenty-five mile per hour streets and three hundred feet on thirty-five mile per hour streets, the permittee shall maintain sufficient red lights to warn of the barricaded excavation. The permittee shall provide adequate warning signs and devices in a position of maximum effectiveness. The minimum requirement for warning signs when necessary shall be a set of advance warning signs placed on all primary approaches to the work, at a minimum distance of four hundred feet, but as required by best visibility; sufficient signs and markers in the immediate vicinity of the job shall also be maintained.

Red flags shall be placed around at each end of obstructions at intervals of not more than sixty feet along the entire course of the excavation. Special care shall be exercised to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Wherever in the course of the work temporary fences are required either for the protection of livestock or any other reason, it shall be the permittee’s responsibility to provide the material and construct such fences in a manner satisfactory to the city engineer. Upon completion of the work, fences so constructed shall be removed by the permittee. Whenever public properties are to be closed to traffic for a definite length of time or for a period of time as directed by the city engineer, the permittee shall completely barricade each of the public properties leading to the improvement with barriers. It is unlawful for any person to tamper with lawfully erected barricades, signs, signals, lights, flares, or flare pots where they are erected as required by this chapter.

(Ord. 2972 §8, 1956).

12.20.090 Safety provisions to be observed

Precaution shall be exercised at all times for the protection of persons (including employees) and property. All safety provisions of applicable state laws, standards, and rules and regulations and city ordinances, including building and construction codes as hereafter revised and/or amended shall be observed.

(Ord, 2972 §9, 1956).

12.20.100 State safety standards and regulations adopted –Interpretation in case of conflict

The following are adopted by reference: The Safety Standards and Rules and Regulations of the State Department of Labor and Industries, as existing as of the date of the ordinance codified in this chapter; provided, however, that in the event any of the provisions of this chapter conflict with any other provisions of this chapter, with any other ordinances of the city, with the standards embodied in state and federal laws and rules and regulations, the provisions containing the highest standards shall be observed.

(Ord. 4228 §3, 1980; Ord, 2972 §20, 1956).

12.20.120 Pedestrian and vehicular crossings

A.    The permittee shall construct and maintain adequate and safe crossings over excavations and across public properties under improvement to accommodate vehicular and pedestrian traffic at all street intersections and wherever a trench crosses a roadway.

B.    Vehicular crossings shall be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. The top surface of such decking shall not be above the level of the adjacent roadway.

C.    Pedestrian crossings shall consist of planking three inches thick, twelve inches wide and of length required, together with necessary blocking. The walk shall be not less than four feet in width and shall be provided with a railing, if required by the city engineer.

(Ord. 2972 §11, 1956).

12.20.130 Interference with utilities –Protection of apparatus

A.    The permittee shall not interfere with any existing utility without the consent of the city engineer and the utility involved. If it becomes necessary to move an existing utility, this shall be done by the utility charged with the operation of the same, at the expense of the permittee. Whenever the permittee’s existing utility, occupying space in the street, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee; provided, that no utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee.

B.    The permittee shall, at its expense, sustain, secure, support, and protect by timbers or otherwise, all pipes, mains, conduits, poles, wires, or other apparatus from injury which may be in any way affected by the work, and do everything necessary to support, sustain, and protect the same, under, over, along, or across the work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of the same, and the expense of such repairs shall be charged to the permittee and its bond shall be liable therefor.

C.    The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit, or other utility and its bond shall be liable therefor.

D.    The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage.

(Ord. 2972 §12, 1956).

12.20.140 Protection of other property –Excavations, trees and foliage, sod, topsoil

A.    The permittee shall erect and maintain suitable timber bulkheads to confine earth from trenches or other excavations in order to encroach upon public properties as little as possible. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the work, and shall be held responsible for all damage to public or private property, streets, or improvements resulting from its neglect to exercise proper protection in the prosecution of the work.

B.    It is unlawful for any person other than a duly authorized officer or employee of the city, or a person holding a permit from the city engineer, to dig up, or in any manner injure or destroy any tree, flower, foliage, flowering plant, foliage plant, or shrubbery, in any public properties.

C.    Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as provided in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as near as possible to that which existed before work began.

D.    The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owners, or, in the case of public properties, the authorities maintaining the same.

E.    When required by the city engineer, existing topsoil shall be carefully removed to the depth ordered by the city engineer and shall be piled in such a place and in such a manner that it will not become mixed with other soil, and upon completion of the remainder of the backfilling shall be replaced in its original position in a manner satisfactory to the city engineer. In the event an embankment resulting from required pipe covering should be constructed through the area, such embankment shall be covered with top soil the same as the rest of the area.

(Ord. 2972 §13, 1956).

12.20.150 Maintenance of postal service

Postal service shall be maintained in accordance with the instructions of the United States Post Office Department. The permittee shall be responsible for moving mail boxes to temporary locations designated by the Post Office Department, and upon completion of the work he shall replace them as directed. The permittee shall contact the United States Post Office Department to determine its requirements with respect to the maintenance of postal service and shall comply with these requirements.

(Ord. 2972 §14, 1956).

12.20.160 Monuments not to be disturbed without authorization

The permittee shall not disturb any survey monuments or hubs found on the line of the improvements until authorized to do so by the city engineer. An additional penalty of twenty-five dollars shall be imposed for any monument or hub disturbed without such authorization.

(Ord. 2972 §15, 1956).

12.20.170 Damage to existing improvements

All damage done to existing improvements during the progress of such work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer may cause the necessary labor and materials to be furnished by other parties, and the cost thereof shall be charged against the permittee, which shall be liable on its bond therefor.

(Ord. 2972 §16, 1956).

12.20.180 Property lines and easement limits

Property lines and limits of easements shall be indicated on the plans, and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee.

(Ord. 2972 §17.01, 1956).

12.20.190 Excavated soil

In all trenches four feet or more in depth, all material excavated therefrom and piled adjacent to the trench, or in public properties shall be piled and maintained in such a manner that the toe of the slope of the excavated material is at least eighteen inches from the edge of the trench. It shall also be piled so that as little inconvenience as possible is caused to public travel and shall be placed so as not to interfere with the flow of water as provided for in this chapter. When the confines of the area through which pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, such as might be the case in an alley, the permittee may be required to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required.

(Ord. 2972 §17.02, 1956).

12.20.200 Fire apparatus to be unimpeded

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants, and water gates. Material or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of material piles or other obstructions.

(Ord. 2972 §17.03, 1956).

12.20.210 Provision for water flow

The permittee shall provide for the flow of all watercourses, sewers, or drains, intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make such final provisions for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mud, silt, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from his failure so to provide.

(Ord. 2972 §17.04, 1956).

12.20.220 Cleaning area after construction

As the construction or maintenance work progresses, all public properties, and private property shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from the work of construction. Cleaning up the location of such properties or property shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer before final acceptance of the work. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, the work may be done by the city and the cost thereof charged to the permittee, and the permittee’s bond shall be liable for the cost thereof.

(Ord. 2972 §17.05, 1956).

12.20.230 Snow and ice removal

The permittee must also remove, within twenty-four hours, all snow and ice that may fall or form within the barricade, or, in case there is no barricade, the permittee shall remove all snow and ice upon the street within five feet upon either side of the opening, and keep such space free from snow and ice until the opening is properly refilled, unless otherwise directed by the city engineer.

(Ord. 2972 §17.06, 1956).

12.20.240 Sanitary facilities

The permittee shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the city, county, or district health department as the case might be. It shall permit no public nuisance.

(Ord. 2972 §17.07, 1956).

12.20.250 Pipe trenches

A.    In all cases, trenches must be of sufficient width to permit the proper jointing of the pipe. The trenches shall be at least six inches wider on each side, or a total width of twelve inches more than the exterior diameter of the pipe, except where pipes are of four inches in diameter or under. If rock is excavated, it shall be removed to a depth of six inches below the bottom so the trench can be refilled with sand or noncorrosive soil and well tamped. Excavation for manholes and other structures shall be sufficient to leave at least twelve inches between their outer surfaces and the sides of the excavation.

B.    Except by special permission from the city engineer, no trench shall be excavated more than three hundred feet in advance of pipe laying, nor left unfilled for more than seven hundred feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available to the side ready to put in place. The completed trench shall be kept not less than thirty feet ahead of the pipe layers.

C.    Trenches over four feet deep shall be braced and sheathed according to the standards and rules and regulations of the State Department of Labor and Industries, and as hereafter amended, to protect the workmen and the general public, as well as public and/or private property. No timber bracing, lagging, sheathing, or other lumber shall be left in any trench.

(Ord. 2972 §17.08, 1956).

12.20.260 Removal of water from trenches

The permittee shall pump, bail, or otherwise remove any water which accumulates in the trenches. It shall perform all work necessary to keep the trenches clear of water while the foundations and the masonry are being constructed or the pipe laid. Unless otherwise specifically permitted by the city engineer, water, either from surface or subsurface origin, will not be permitted in the trenches at any time during construction and until backfilling over the top of the pipe has been completed; nor will the groundwater level in the trench be permitted to rise above an elevation of six inches below the pipe. Dewatering trenches, when required, may be accomplished in any manner the permittee desires, provided the chosen method has the approval of the city engineer. Any damage resulting from the failure of the chosen method to operate properly, however, shall be the responsibility of the permittee, and shall be repaired in a manner satisfactory to the city engineer at the permittee’s expense.

(Ord. 2972 §17.09, 1956).

12.20.270 Excavations through pavement

Whenever it is necessary to break through existing pavement for the purpose of constructing service facilities, and where trenches are to be four feet or over in depth, the pavement and the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used to cut a kerf sufficient to permit complete breakage of pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut. No pile driver may be used in breaking up the pavement.

(Ord. 2972 §17.10, 1956).

12.20.280 Tunnels under pavement –Pipe casings

Tunnels under pavement shall not be permitted except by permission of the city engineer, and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the city engineer. Where possible, the pipe shall be driven through, or bored under, a roadway, except sidewalks, in a casing of sufficient strength, which casing shall be left in place with the ends closed around the pipe.

(Ord. 2972 §17.11, 1956).

12.20.290 Compacting of backfill

Backfilling in all public streets and improved areas, both public and private, shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tampers or vibrators, by rolling in layers, or by water settling, as required by the soil in question. The decision as to whether a trench shall be water settled or not shall be made by the city engineer. When water is taken from a fire hydrant, the permittee shall assign one man to operate the hydrant and shall make certain that such man has been instructed by the water department in the operation of the hydrant. The water department shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrants during the operation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the water department.

A.    When backfilling is done by water settling, excavations above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars or pipe nozzles. All bars or pipe nozzles used shall be such as to obtain full penetration of each backfill layer, and shall be forced down through the loose backfill material. As the bars or pipe nozzles are withdrawn, the water shall be allowed to flow downward. The channel or hole formed shall be kept open and the water kept running into it until the fill has settled. Sufficient hose shall be provided in order to apply water to the trench at intervals of not to exceed one hundred feet. All work shall be done in such a manner as to obtain a relative compaction throughout the entire depth of the backfill of not less than that which exists adjacent to the excavation.

B.    Backfilling up to the first eighteen inches above the top of utility pipes or similar installations shall be done with thin layers; each is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed four inches in thickness; layers that are power-tamped shall not exceed six inches in thickness. These same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over twenty-four inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes twenty-four inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen inches above the top of the pipe, before any additional backfilling is placed thereon.

C.    Wherever excavation is made through rock, pipe shall be laid six inches above the rock bottom of trench and the space under, around, and six inches above the pipe, and, in the case of gas, pipe shall be backfilled with clean river sand, noncorrosive soil, or gravel meeting the following grading requirement:

1.    Passing one-half inch square opening, one hundred percent;

2.    Passing one-fourth inch square opening, fifty percent

With respect to other than gas utilities, backfill material shall be of such quality as is approved by the city engineer. Broken pavement, large stones, roots, and other debris shall not be used in the backfill.

D.    Backfilling shall be completed by placing the material well up over the top of the trench or, in the case of concurrent street construction, to the grade of bottom of ballast, and for dry backfilling, by rolling with a roller of an approved type or with the rear of a truck carrying at least five tons, until the surface is unyielding. The surface shall then be graded as required. When a pipeline is laid at an elevation below the groundwater level, extreme care shall be exercised, upon completion of the line, not to allow the groundwater to rise in the trench for settlement or other purposes until sufficient backfill has been placed over the pipe to prevent the pipe from floating.

E.    Any excess material resulting from trench excavation shall be disposed of by the permittee at his own expense in a manner satisfactory to the city engineer. Such excess material shall be deposited on private property abutting the portion of the public properties from which it was excavated, if so requested by the abutting property owner involved.

(Ord. 2972 §17.12, 1956).

12.20.300 Restoration of roadway surfaces

The permittee shall restore the surface of all roadways to their original condition in accordance with the specifications of the city engineer.

The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom on the paving slab shall be made with suitable material well tamped into place. This gravel shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining surface. The permittee must exercise special care in making temporary restorations and must maintain such restorations in safe travelable condition until such time as permanent restorations are made. The asphalt which is used in the bituminous mixture for pavement herein required, shall be in accordance with the specifications of the city engineer.

(Ord. 2972 §17.13, 1956).

12.20.310 Restoration by city engineer upon default

If the permittee has failed to restore the surface of the public properties to their original and proper condition upon the expiration of the time fixed by such permit or upon the completion of the work allowed to be done under such permit, the city engineer shall, if he deems it advisable, have the right to do all work and things necessary to do so. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permit, and the city shall have a cause of action for all fees, expenses, and amounts paid out upon such work; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if in the judgment of the city engineer it is not expedient to relay the pavement over any cut or excavation made in any public properties upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the relaying of such temporary pavement within five days after the date of such notice, the city engineer may lay such temporary pavement himself and collect the cost thereof from the permittee in the manner provided for in this chapter.

(Ord. 2972 §17.14, 1956).

12.20.320 Plans of use of subsurface street space

Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the city engineer periodically, but at least every ninety days after new installations are made.

(Ord. 2972 §18, 1956).

12.20.330 Location of utilities

All utilities shall be located in accordance with the city ordinance applicable thereto, or if there is no such ordinance, at locations as directed by the city engineer.

(Ord. 2972 §19, 1956).

12.20.340 Nuisances designated –Abatement

If any person erects a structure upon, makes excavations in, or places material upon, public properties, or allows or permits any earth, rock, stones, trees, logs, stumps, or other substances to cave, fall, crumble, slide, accumulate, or be otherwise deposited, or having been so deposited, to be or remain upon any public properties, without a permit therefor having been first obtained, as provided for in this chapter, shall be deemed to have created a public nuisance. In addition to the penalties provided for violation of this chapter, such a nuisance shall be abated with, or without, action, and such other proceedings shall be taken with respect thereto as are authorized by law and the ordinances of the city for the prevention, abatement, and punishment of nuisances; and it shall be no defense to any prosecution or proceeding under this section that the person violating the same has a franchise to use or occupy such public properties.

(Ord. 2972 §21, 1956).

12.20.350 Applicability of chapter to public utilities

With respect to public utilities operating under franchise from the city, this chapter shall apply only to those activities which involve the disturbance of the surface of, or the doing of any underground work in public property.

(Ord. 2972 §23, 1956).

12.20.365 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §30, 2001).