Chapter 12.04


12.04.010    Definitions.

12.04.020    Permit required for excavation or new construction.

12.04.030    Emergencies.

12.04.040    Deposits.

12.04.050    Inspection--Fees--Backfilling--Refund of deposit.

12.04.060    Standards.

12.04.070    Bond and liability insurance.

12.04.080    Depth of underground installations.

12.04.090    Abandonment.

12.04.100    Application of code.

*    For the statutory provisions authorizing cities to require removal of encroachments from public ways, see Gov. Code §38775; for the statutory provisions regarding abandoned excavations, see Gov. Code 50230 et seq.; excavations for site development, see Chapter 14.24 of this code.

    Prior ordinance history:  Ordinance 5-62, 1962.

12.04.010 Definitions.

For the purpose of this chapter, unless it is plainly evident from the context thereof that a different meaning is intended, the following terms are defined:

A.    “City engineer” means the city engineer of the city or his authorized representative.

B.    “Construction” means and includes reconstruction, repair, replacement, restoration or improvement of any area of a public right-of-way.

C.    “Improvements” means roadways, pavement, sidewalks, curbs, gutters, underground installations and any other permanent additions to the land.

D.    “Minor permit” means a utility company permit for pole or a guy wire or anchor wire installation.

E.    “Owner” means any person, firm or corporation, or the agent or representative of any person, firm or corporation, in whom or in which is vested the title to any parcel of real property in the city.

F.    “Public place” means any easement, fee or other real property or interest therein owned by the city or any other public agency.

G.    “Street” means and includes any public thoroughfare in the city, including the portion thereof for vehicular traffic and the sidewalk area, and also any public easement.

H.    “Underground installation” means any tank, pipe, conduit, duct, tunnel or other structure located under the surface of the ground.

I.    “Walkway” means and includes every sidewalk, sidewalk area and parking strip maintained in the area between the property line and the edge of the vehicular street area whether or not a curb has been installed; and also includes driveways, curbing, bulkhead, retaining wall or other work for the protection of any sidewalk or walkway or parking strip located on any public street.  (Ord. 8-77 §1(part), 1977).

12.04.020 Permit required for excavation or new construction.

A.    No person shall make or cause to be made any excavation, cut or fill in or under the surface of any street or other public place in the city, or constructs alter or reconstruct any improvement thereon or therein without first having obtained from the city engineer a permit to make such excavation or construction.  Such permit is referred to as a “street encroachment permit.”

B.    No person shall construct or cause to be made any such excavation, cut or fill at any location or in any manner other than as provided in such permit and in this code.

C.    Before issuing such permit, the city engineer shall require a written application therefor to be made and filed wherein the applicant shall set forth among other things:

1.    His name and residence or business address;

2.    The location and area of each excavation intended to be made;

3.    The purpose for which the construction or excavation is to be made and used;

4.    The estimated time to complete the work.

D.    The city engineer shall also require:

1.    A plat in duplicate showing the location of each proposed excavation or new construction, the dimensions thereof, and such other details as may be required; provided, however, that the city engineer may waive such requirements when, in his opinion, the plat is unnecessary;

2.    Proof of legal authority to occupy and use, for the purpose mentioned in the application, the streets wherein the excavation is proposed to be made;

3.    A permit fee of ten dollars;

4.    A minor permit fee of five dollars;

5.    The deposit as required by Section 12.04.040;

6.    Such other information as the city engineer may desire.

E.    A permit for the construction, alteration or reconstruction of improvements on property of the city shall be issued only to a person licensed by the state as a contractor for the work to be performed under such permit.  Such contractor must present proof of insurance for workmen’s compensation, and any other insurance required by the city engineer.

F.    This section does not prohibit a property owner from doing his own work on curbs, gutters and sidewalks, providing he conforms to the bonding and other requirements of this section.  (Ord. 8-77 §1(part), 1977).

12.04.030 Emergencies.

A.    An excavation, cut or fill may be made in an emergency without a permit therefor having been issued.

B.    An emergency shall exist in any situation where, due to the shortness of time and the magnitude of the danger sought to be averted, it is impractical to secure a permit before work is commenced.

C.    Any person making or causing to be made any such emergency excavation, cut or fill shall notify the city engineer and shall obtain a permit therefor as soon as practicable after such work is commenced.

D.    The provisions of this section shall be strictly construed against the person claiming the benefits thereof, and such person shall have the burden of providing the existence of such emergency.  (Ord. 8-77 §1(part), 1977).

12.04.040 Deposits.

A.    No permit shall be issued by the city engineer unless and until any owner or contractor proposing to do such work deposits with the city clerk a sum equal to ten dollars per lineal foot of any trench, cut or opening in any walkway, street or public easement, the minimum amount of which shall be one hundred dollars, which shall be returned to the depositor thereof ninety days after acceptance of the replacement of pavement or sidewalk by the city engineer, as provided in Section 12.04.050 of this chapter, to his satisfaction and in accordance with the standard specifications of the city for such work.

B.    1. In lieu of the special deposit required as stated in subsection A of this section, a general deposit of one thousand five hundred dollars, which shall allow the issuance of permits for street excavations up to five thousand square feet per month.

2.    Any person making such general deposit shall be required to file a written application for a separate permit for each excavation.

C.    Such special or general deposit may be either in the form of cash, certified or cashier’s check payable to the order of the city, or bond in an amount as set forth in this section, but in no event shall such bond amount be less than five hundred dollars.  Such bond shall be executed by the applicant to the satisfaction and approval of the city engineer and approved by the city attorney as to form, made by a reliable surety company, and made payable to the city.  Such bond shall be conditioned upon the payment of all charges required by this chapter, the faithful performance of all work done, and the maintenance of the surface of the street for a period of one year.  The city treasurer is authorized to enforce collection under such bond or check of all sums due to charges hereunder, and for any and all damages accruing to the city by reason of faulty or defective work of the permittee.

D.    Notwithstanding the above provisions of this section, the following persons shall be exempt therefrom:

1.    Any public agency or public utility having lawful authority to occupy the streets and highways of the city and maintain any works and facilities in, under, on or over any public place shall be exempt from posting the special and general deposits and bonds required by this section when such public agency or public utility has entered into an agreement with the city to:

a.    Guarantee that the work to be performed under the street excavation permit will be completed to the satisfaction of the city engineer and in accordance with this code, and that if such work under the street excavation permit is not completed to such satisfaction and in accordance with this code, the public agency or public utility, upon notification, will cause the work to be repaired to the city engineer’s satisfaction and in accordance with this code, and if the repairs are not so made, that the public agency or public utility will reimburse the city for any costs incurred by the city in completing the work to its satisfaction; and

b.    Hold the city free and harmless from any liability that should arise from any act or operation of the agency or utility pursuant to the street excavation permit, including any and all damages accruing to the city by reason of faulty or defective work of the permittee, and that the agency or utility will defend the city in any litigation arising from any such liability.  (Ord. 8-77 §1(part), 1977).

12.04.050 Inspection--Fees--Backfilling--Refund of deposit.

A.    Before any street encroachment permit is granted, the applicant shall pay to the city the following inspection fees, which in no case shall be less than two dollars per permit:

1.    For work involving the construction, or breaking and replacing of concrete curb gutters, ten cents per lineal foot less than one hundred lineal feet, or five cents per lineal foot plus five dollars for more than one hundred lineal feet;

2.    For work involving the excavating and replacing or construction of any type of street paving, five cents per square foot;

3.    When, in the judgment of the city engineer or at the request of the permittee, the work is such that special inspections are deemed necessary, a special fee based on the time required for such inspection shall be established.

B.    Before the permittee commences to backfill any such trench or excavated area of any street, walkway or public easement, he shall give timely notice of the date of the commencement of such work to the city engineer, and the city engineer shall cause the work of such backfilling to be inspected during the progress thereof by an inspector appointed by the city engineer; or if the circumstances are appropriate and both parties agree the city engineer may authorize self-inspection by the person in charge of the operation, who shall see that all material is properly wetted and tamped to produce a proper compaction of backfill material and that the restoration of the subbase and pavement are made to conform to the type of pavement adjacent to the trench or excavation and to standard city specifications, drawings of which are on file and available in the city clerk’s office.  Upon completion thereof, such inspector shall make a written report thereof to the city engineer.  The cost of such inspection work in progress and of final completion of such work shall be at the expense of the permittee and shall be deducted from the deposit to obtain such permit, and permittee shall promptly pay to the city any deficiency beyond the amount of such deposit.  At the end of three months from the receipt by the city engineer of such report of satisfactory restoration of pavement, any part of the deposit remaining in the possession of the city shall be returned to the permittee if any inspection of the work shows that there is no subsidence of pavement by that time.  If during such period of three months from completion of backfilling any subsidence occurs, the city engineer shall notify the permittee thereof and require a prompt correction of any such defect.  If any such defect is not corrected within one week after such notice, the city may correct the defective work at the expense of the permittee and reimburse itself from the deposit.  If the deposit is insufficient to correct such defect, the permittee shall promptly pay the city the cost thereof upon demand.  (Ord. 8-77 §1(part), 1977).

12.04.060 Standards.

A.    Every person making an excavation, cut or fill in or under a street shall restore the surface thereof in accordance with the provisions of this code.

B.    Every person making an excavation, cut or fill in or under a street shall, until the permanent pavement is replaced:

1.    Maintain the surface of the backfill or of the temporary pavement at an elevation equal to that of the adjoining street surface and in a manner safe for vehicles and pedestrian traffic;

2.    Place and maintain barriers at each end of the excavation, cut or fill as may be necessary to prevent accidents, but with a maximum interval of one hundred feet.  Such barricades shall conform to the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the U.S. Department of Transportation, Federal Highway Administration, and shall place and maintain a sign on every such barrier with letters of sufficient height and clarity to identify the name of the person making the excavation;

3.    Place and maintain warning lights at each end of such excavation, cut or fill and at intervals of not less than fifty feet along the sides thereof from sunset each day to sunrise of the next day.  A fee of ten dollars per day shall be charged such person for each barricade or warning light placed or replaced by the city where this paragraph is violated by the absence of such barricades or warning lights;

4.    Place and maintain any and all regulatory signs, warning signs, detour signs and/or directional signs are required by the project specifications or as required by the city traffic engineer.  A fee of ten dollars per day shall be charged such person for each such sign placed or replaced by the city where this paragraph is violated by absence of such signs;

5.    Maintain a telephone or telephones where he can be reached twenty-four hours a day, and shall leave the number of such telephone or telephones with the city engineer;

6.    Maintain safe crossings for vehicle and pedestrian traffic at all street intersections, and shall maintain safe crossing for pedestrians along such excavation, cut or fill at intervals of not less than six hundred feet;

7.    Place all materials excavated compactly alongside the trench in such a manner as to cause as little inconvenience as possible to vehicle and pedestrian traffic.  If the street is not wide enough to hold the excavated material without the use of the adjacent sidewalk, such person shall erect a tight board fence upon and along the sidewalk and maintain thereon a passageway for pedestrian traffic at least four feet in width;

8.    Maintain all adjacent gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width measured from the surface of such curb at the intersection of the curb and the street; and whenever a gutter crosses an intersecting street, he shall provide and maintain an adequate waterway;

9.    Provide access from the street to all fire hydrants and watergates and to abutting property owners unless their consent to the contrary is first obtained;

10.    Keep at least one-half of the street open at all times for vehicular traffic.

C.    The city shall endeavor to contact the contractor or utility before placing or replacing any deficient signs barricades or control devices specified in this chapter.

D.    Every person making an excavation, cut or fill in a paved city street shall maintain the surface thereof in good condition for a period of one year following the date of issuance of the permit therefor.  (Ord. 8-77 §1(part), 1977).

12.04.070 Bond and liability insurance.

The city engineer shall have the authority to require an applicant under this chapter to file a bond conditioned to have full performance of the conditions of the permit and this chapter, and such insurance coverage as he may require to protect and save harmless the city from all claims for damages or injury to other persons or property by reason of such construction work.  (Ord. 8-77 §1(part), 1977).

12.04.080 Depth of underground installations.

No person shall install, or cause to be installed, an underground installation except manholes, culverts and catchbasins, in any street at a depth of less than twenty-four inches below the established grade of the gutter of such street; provided, however, that where, by reason of the construction of any underground installation, it is not feasible to install the same at such depth, the city engineer, upon satisfactory showing of the necessity thereof or the public benefit to accrue therefrom, may grant a special permit for such installation at a lesser depth.  (Ord. 8-77 §1(part), 1977).

12.04.090 Abandonment.

A.    Whenever an underground installation is abandoned, the person owning or controlling the underground installation shall:

1.    Remove such underground installation within sixty days after abandonment, unless written permission to the contrary has been obtained from the city engineer;

2.    Backfill and resurface the area vacated by the removal of such underground installation in accordance with the provisions of Sections 12.04.050 and 12.04.060;

3.    Pay to the city engineer the inspection and supervision fees as required by Section 12.04.050;

B.    An underground installation shall be deemed to have been abandoned whenever it is actually abandoned or whenever it is not used for a period of thirty days or more, unless consent to such disuse has been secured from the city engineer;

C.    The provisions of this section shall not apply to underground installations for which a franchise has been granted by the city or the state, the term of which franchise has not expired as of the date of abandonment.  (Ord. 8-77 §1(part), 1977).

12.04.100 Application of code.

None of the provisions of this chapter shall apply to any work done or to be done in or under any street or other public place pursuant to any law of the state providing for the improvement thereof or to any work done in or under any such street or other public place pursuant to any contract for improvement authorized by the city council; provided, however, that the provisions contained in Sections 12.04.060 shall apply to all such work, and to all excavations, cuts and fills to be made in or under any street or other public place; provided further, that the provisions contained in Section 12.04.050 shall apply to all such work whenever the specifications for such work so provide; and provided further, that a subdivider shall not construct or cause to be constructed a sewer or water pipeline or make or cause to be made any excavation in an existing street not a part of the subdivision without first obtaining a permit as in this code set forth.  (Ord. 8-77 §1(part), 1977).