Chapter 8.25
STREET EXCAVATIONS
Sections:
8.25.010 Application for permits.
8.25.020 Permit required for street excavation.
8.25.030 Protections – Placing of warning lights.
8.25.040 Refilling excavation.
8.25.050 Repairs after street excavation.
8.25.060 Certificate of public works department.
8.25.070 Remedies of city for failure to comply.
8.25.010 Application for permits.
A. Any person, firm or corporation, desiring to excavate any public street or sidewalk in the city, for any lawful purpose, must first apply for an encroachment permit with the city’s public works department and pay all necessary fees and provide a security deposit or performance bond as required by the city’s applicable regulations and fee schedule. Excavation of any public street or sidewalk includes breaking up, digging up, disturbing, undermining, digging under, or causing to be broken up, dug up, disturbed, undermined, or dug under. The public works department shall, upon approval of said permit application, give such person, firm or corporation (“permittee”) an encroachment permit specifying therein the place and limit of excavation.
B. Any public utility corporation must apply for an annual encroachment permit with the public works department.
C. Any person, firm or corporation desiring to excavate in or adjacent to a city right-of-way must first notify all other public utility companies of the planned work and cooperate with each other to work jointly on the trenches excavation to minimize disruption where feasible. Proof of notification shall be submitted with encroachment permit application. (Ord. 31, § 3, Amended by Ord. 754, § 2; 1976 Code § 8-5.03; 1966 Code § 6102. Formerly 8.25.030).
8.25.020 Permit required for street excavation.
An encroachment permit shall be required for all street excavations. Street excavation permits shall not be issued for streets that have been repaved or reconstructed, excluding minor maintenance repairs such as pot hole refilling or patching cracks, within a period of three years preceding the proposed date for street excavation, unless required for emergency repairs, as determined by the director of public works, or required to protect or promote the public health, safety or welfare, as determined by the city manager. (Ord. 31, § 1, Amended by Ord. 635, § 1; Ord. 698, § 1; Ord. 754, § 2; 1976 Code § 8-5.01; 1966 Code § 6100. Formerly 8.25.010).
8.25.030 Protections – Placing of warning lights.
Each night at the place of the excavation, for the protection of the public, all permittees must expose at least one red light at each end of the excavation and one additional red light at each intermediate fifty feet of the length of the excavation. At all times permittees must properly, suitably and sufficiently safeguard the place of the excavation by means of a railing or other proper, suitable and sufficient means. (Ord. 31, § 4, Amended by Ord. 754, § 2; 1976 Code § 8-5.04; 1966 Code § 6103. Formerly 8.25.040).
8.25.040 Refilling excavation.
Any permittee who excavates a city public street or the sidewalk must, in making such excavation, place the macadam and surface rock or gravel on one side of the excavation, and the bottom earth on the other side of such excavation. In refilling, the permittee must place in the excavation first the bottom earth and lastly the macadam and rock or gravel. Such material must be replaced in layers of not more than four inches in thickness at a time. Each layer must be thoroughly tamped with good, heavy tampers to the satisfaction of the public works department before the succeeding layer is placed in position. (Ord. 31, § 5, Amended by Ord. 754, § 2; 1976 Code § 8-5.05; 1966 Code § 6104. Formerly 8.25.050).
8.25.050 Repairs after street excavation.
Any permittee who has excavated any city public street or sidewalk shall, within the time limit provided in its permit, complete the work for which such excavation was made and refill and repair the street in accordance with the city specifications and standards and remove all surplus sand, clay, earth, dirt or rubbish. (Ord. 31, § 2, Amended by Ord. 754, § 2; 1976 Code § 8-5.02; 1966 Code § 6101. Formerly 8.25.020).
8.25.060 Certificate of public works department.
At the expiration of the time limit fixed in any permit issued by public works, or any sooner completion of the work, the public works department shall examine the place of excavation, and, if the street has been refilled and replaced in accordance with city standards and specifications, shall give the permittee a certificate to that effect. Upon presentation of the certificate to the public works department, the department shall return the security deposit or performance bond and take and file a receipt. (Ord. 31, § 6, Amended by Ord. 754, § 2; 1976 Code § 8-5.06; 1966 Code § 6105).
8.25.070 Remedies of city for failure to comply.
In the event that the public works department finds that such street work has not been completed in accordance with city standards and specifications, or that all surplus sand, clay, earth, dirt, or rubbish have not been removed, public works shall not issue the certificate described in MMC 8.25.060. The public works department will take any actions required to make the streets conform to city standards and specifications and to remove all sand, clay, dirt, or rubbish as necessary. The public works department may, at its option, do any or all of the following: withhold the permittee’s security deposit, recover the performance bond, or pay such security deposit and bond monies recovered to the city’s director of finance for the use of the city and as partial payment of the damages thereby sustained by said city. The city may sue the permittee for any amount of damages in excess of such security deposit and bond. In addition to all other remedies available under this code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof. (Ord. 31, § 7, Amended by Ord. 730, § 1(H); Ord. 754, § 2; 1976 Code § 8-5.07; 1966 Code § 6106).
8.25.080 Exemptions.
The provisions of this chapter shall not apply to any excavation which may be made by any officer or employee of the city or on behalf of the city while in the performance of any work required or necessary to be done for the city. (Ord. 31, § 8, Amended by Ord. 754, § 2; 1976 Code § 8-5.08; 1966 Code § 6107).