Chapter 12.08


12.08.010    Unlawful to excavate.

12.08.020    Flow of water.

12.08.030    Underground lines.

12.08.040    Permits.

12.08.050    Plans and inspections.

12.08.060    Bonds and deposits.

12.08.070    Liability.

12.08.080    Insurance required for work on public right-of-way.

12.08.090    Emergency work.

12.08.100    Overhead lines.

12.08.110    Encroachment permit.

12.08.120    Maps.

12.08.010 Unlawful to excavate.

It is unlawful for any person not having a franchise, or other authority of law, to make any excavation in or upon any city street or to construct, install in or upon any city street or to construct, install or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across any city streets, or other public place without first applying for and obtaining a permit from the public works department as herein provided. (Ord. 91-05 § 3, 1991)

12.08.020 Flow of water.

A. It shall be unlawful for any person to convey or permit flow or discharge of water from one side of a city roadway to the other except through a siphon or culvert.

B. For purposes of this section, a siphon or culvert shall consist of either concrete or corrugated iron pipe extending the full width of the highway right-of-way and to the edges thereof. It shall form a leak-proof connection with any existing or hereafter installed pipe, conduit or other enclosed artificial water course approaching within 50 feet of said siphon or culvert, water from or to which naturally flows, or artificially is caused to flow, to or from such siphon or culvert. Any such siphon or culvert shall be constructed in accordance with plans and specifications approved by and on file in the office of the director. A bridge shall have a clear width or improved roadway of not less than 32 feet and shall be constructed of reinforced concrete in accordance with plans and specifications approved by and on file in the office of the director. All such siphons, culverts and bridges installed or constructed pursuant to permits as provided shall be maintained and kept in good repair by the applicant permitted to make such installation or construction for a period of one year from and after such installation or construction.

C. Any applicant desiring to make new or different use of any existing siphon, culvert or bridge shall make such repairs and improvements therein as may be necessary, in the opinion of the director. (Ord. 91-05 § 3, 1991)

12.08.030 Underground lines.

A. All underground gas, water, electrical or other pipelines, conduits and similar structures permitted to be installed in, along or across a city street shall be buried as herein provided and shall be laid at a clear depth and shall have a cover of not less than two feet below the surface of the street at the point of installation. Whenever in the opinion of the director, such installation may not be laid and covered at such depth by reason of an existing obstruction, the director may grant a variance of six inches from such clear depth and cover upon the condition that such applicant assumes all risk and responsibility for injury to such installation, or injury to, or death of third parties, or damage to or destruction of property, occasioned by reason of said reduced clear depth or cover, and shall indemnify, and hold harmless city, its officers and employees from all claims or damages arising by reason of said reduced clear depth or cover.

B. The requirements of this section shall not apply to installations necessarily rising to or emerging from the surface of the ground as in the case of manholes and electrical or telephone lines ascending poles. (Ord. 91-05 § 3, 1991)

12.08.040 Permits.

Applications for permits provided for in this title shall be made in writing at least 10 days prior to the date of commencement of the work, in such form as may be prescribed by the public works department.

A. Such application shall show at least the following information:

1. Estimated cost to the city of repairing damage to the street or other public place caused by the excavation required by any burying, laying or installing of an underground pipeline, conduit, or similar structure;

2. Plans and a brief description of the proposed excavation and installation;

3. Location of the excavation and installation;

4. Estimated time necessary to complete the making, filling, compacting and resurfacing of such excavation and installation;

5. The necessity for excavating in a city roadway or other public place;

6. Proposed date of commencement of work.

B. The application shall be accompanied by a deposit of cash, certified check, cashier’s check, or bond executed in favor of the city by a surety company acceptable to the city engineer in a sum not less than 100 percent of the total estimated cost of the improvements and conditioned upon the applicant’s faithfully performing all work to be done under the restrictions which may be specified in said permit to the satisfaction of the director. In lieu of the deposit required with each application, any applicant may make a blanket deposit in a form and amount acceptable to the director, which shall remain on deposit until returned or exonerated by the director, as security for the performance of any permit for work to be done hereunder then pending or thereafter submitted.

C. Upon receiving an application to excavate and make an installation in a city street, the director shall either approve it or reject it. If the application is approved, the director shall cause the deposit, if any, to be paid into the city treasury and shall issue a written permit authorizing the excavation and installation, which permit shall embody and be subject to all of the conditions of this chapter and to such further conditions as the director may deem for the best interests of the city in each application. In the event the application is rejected, any deposit or bond made and delivered in connection therewith shall be forthwith returned to the applicant together with the reason for such rejection and recommendations for modification of the application. The applicant may thereupon submit a new application or, if dissatisfied with such rejection, may make a similar application in a similar manner to the city council, which may, but is not required to, issue such permit notwithstanding the rejection by the director. (Ord. 91-05 § 3, 1991)

12.08.050 Plans and inspections.

All proposed siphons, culverts, bridges, excavations and installations in, along, upon or across a city street shall be made in accordance with the plans and descriptions approved by and filed in the office of the director, and shall be subject to the conditions imposed in this section and any fees adopted or imposed by the city council whether by ordinance or resolution.

A. The director shall have the right to inspect the work to be performed and to prescribe any and all conditions pertaining to such construction or excavation and installation. Written notice shall be given to the director not less than three work days prior to the commencement of any work under the permit granted unless the date of commencement shall have been specified in the application or permit. The permittee shall properly compact and resurface the backfilled material in a manner acceptable to the director and, in the event of any settlement of backfill from any cause whatsoever on such city street where such installation is made within one year thereof, the permittee shall make necessary repairs. If, at any time during such construction, excavation, or installation, the permittee fails to comply with this chapter, the permit, or any applicable specifications, rules or regulations, the director may stop any work until compliance is assured to his or her satisfaction.

B. If at any time after the installation, the city finds it necessary and proper to change the grade on or make a new alignment of any city street where such installation is made, the permittee, upon written demand by the city, shall at permittee’s sole expense alter any of such installations or structures which may be in conflict with the new grade or alignment.

C. Unless otherwise expressly permitted by the director, permittee shall, during the entire period of construction, maintain access to traffic over, upon and across such city streets and approaches thereto so as to not unreasonably hinder, render inconvenient or interfere with the public use thereof or with persons lawfully entitled to the use thereof. It shall be the duty of the permittee to place and maintain lights at each end of any such excavation, and at distances of not more than 50 feet along the line thereof, from sunset of each day to sunrise of the next day, until such excavation is entirely refilled; and the permittee shall safeguard the excavation by such other barriers, signs and measures, as may be necessary and proper in each case to provide for the safety of persons, animals and vehicles using such streets.

D. After such excavation is commenced, the work of making, filling, compacting and resurfacing the same shall be prosecuted with due diligence, from day to day until completed, and so not to obstruct the roadway more than is reasonably necessary.

E. If any construction, excavation or installation is not completed in the manner and within the time required by the provisions of this chapter, the director shall notify the permittee of such defect in writing and if the permittee shall fail to commence the work of remedying such defect within five days, the director shall, at the sole cost and expense of the permittee, cause the defect to be remedied in the proper manner and shall restore the street to its original condition.

F. Every construction, excavation or installation permitted herein may be inspected by the director and the applicant shall pay to the city the reasonable cost of such inspection. (Ord. 13-02 § 1, 2013; Ord. 91-05 § 3, 1991)

12.08.060 Bonds and deposits.

Any deposit or bond made and delivered pursuant to this chapter shall be held by the clerk, or director, as may be specified herein, and returned or retained as herein directed.

A. In the event the construction, excavation or installation is properly completed by the permittee to the satisfaction of the director, whose sole judgment and decision in such matter shall be final and conclusive, the bond or deposit filed shall be returned to the permittee.

B. No such bond or deposit shall be returned to the permittee until the reasonable inspection fees and the amount of any damage to the city by reason of the exercise of the permit has been paid to the city. If all such fees and damages are not paid within a reasonable time after completion of the work contemplated by the permit, then the city shall retain so much of the deposit as the director shall determine it may be entitled to hereunder or proceed upon the bond therefor. Any applicant dissatisfied with the director’s decision under this section may appeal to the city council. (Ord. 91-05 § 3, 1991)

12.08.070 Liability.

The permittee is responsible for all liability for personal injury or property damage which may arise out of failure on the permittee’s part to perform his obligations under any permit in respect to maintenance. In the event any claim of such liability is made against the city or any department, officer, or employee therefor, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim. (Ord. 91-05 § 3, 1991)

12.08.080 Insurance required for work on public right-of-way.

Prior to any commencement of work on any public right-of-way, permittee shall provide satisfactory evidence of liability insurance coverage to director. Such liability insurance shall be sufficient to cover any and all costs which may be incurred as a result of damage caused by, or arising out of, work performed by permittee. Permittee shall indemnify and hold harmless city and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or wilful misconduct of the city. (Ord. 91-05 § 3, 1991)

12.08.090 Emergency work.

Any permittee lawfully maintaining any underground installation, in, along, upon, or across any city street by virtue of a permit obtained hereunder may, without first obtaining a new permit, perform any emergency maintenance or repair such installation. Notice of any such emergency maintenance or repair work shall be given to the director as soon as practicable and thereafter such permittee shall comply with all pertinent provisions of this chapter. (Ord. 91-05 § 3, 1991)

12.08.100 Overhead lines.

Nothing in this chapter shall be construed to apply to poles, lines, fences, wires or other surface or overhead installations in city streets provided, however, that no person not having a franchise or other authority of law to so install such surface or overhead installations, shall do so without first consulting with and fully advising the director. Persons maintaining such surface or overhead installations need not consult with or advise the director concerning matters of normal maintenance or the routine providing of new service to the customers of such person. (Ord. 91-05 § 3, 1991)

12.08.110 Encroachment permit.

Permittee shall obtain an encroachment permit from the city prior to beginning any work which government may or will constitute an encroachment upon any public way, improvement, roadway, street, driveway, utilities of any kind whatsoever. Encroachment permits shall be obtained as provided in HMC 12.08.040. (Ord. 91-05 § 3, 1991)

12.08.120 Maps.

All persons maintaining underground gas, water, electrical or other pipelines, conduits or similar structures, in the city streets or other public places heretofore installed pursuant to permission of the city council, a franchise or other authority of law, shall maintain current maps of such installations and structures which shall be open to the inspection of the director. Upon written request of the director, such person shall, within a reasonable time, furnish to the director a map or maps or copies thereof showing the nature, extent and location of all structures or installations specified. (Ord. 91-05 § 3, 1991)