Chapter 12.04
STREET EXCAVATIONS – CONSTRUCTION EQUIPMENT OR MATERIALS ON STREETS

Sections:

12.04.010    Permit required.

12.04.020    Application for permit.

12.04.030    Performance bond.

12.04.040    Repealed.

12.04.010 Permit required.

No person, firm or corporation shall dig, trench or excavate for any purpose within a public right-of-way, construct a driveway access to any city street or alley, or use an opened public right-of-way for the storage or assembling of construction equipment or materials without first obtaining a permit therefor issued by the public works director or designee. Exception to this permit requirement shall be given to the State Department of Transportation when the excavation is associated with repairs or improvements on a state right-of-way located within the city limits and where advance notice has been given to the city of such work. (Ord. 2770 § 1, 2010; Ord. 1649 § 1, 1982; Ord. 1350 § 1, 1972; prior code § 9-301)

12.04.020 Application for permit.

All applicants for permit under this chapter shall submit a written application on forms furnished by the public works department. One copy of the approved application shall be returned to the applicant, and the original shall be retained in the permanent records of the city. (Ord. 2770 § 1, 2010; Ord. 1649 § 2, 1982; Ord. 1350 § 2, 1972; prior code § 9-302)

12.04.030 Performance bond.

A permit for any excavation or other use as outlined in BMC 12.04.010 in any city street or alley or opened right-of-way shall be issued only upon written approval of the public works director or designee as provided in BMC 12.04.010, and the filing of a performance bond fixed in such amount as deemed necessary by the public works director or designee, either with personal or corporate surety conditioned and as a guarantee that the permittee will replace the surface of the street or opened right-of-way in the same condition and with the same material as the same was in and of prior to any excavation or other activity. The bond shall remain in force for a period of one year after completion of backfill of excavation to guarantee that the street surface or opened right-of-way will be replaced and left in the same condition as the same was in prior to this use and to guarantee that the city will not be required to expend any funds to repair any portion of any street or opened right-of-way by reason of any activity performed by any permittee. (Ord. 2770 § 1, 2010; Ord. 1649 § 3, 1982; Ord. 1350 § 3, 1972; prior code § 9-303)

12.04.040 Violation – Penalty.

Repealed by Ord. 2719. (Ord. 1350 § 5, 1972; prior code § 9-304)