Chapter 12.115
EXCAVATION IN CITY STREETS

Sections:

12.115.010    Excavation in City streets within five years of street paving prohibited.

12.115.020    Notification of intent to pave.

12.115.030    Deadline for work.

12.115.040    Exceptions.

12.115.050    Excavation by City departments.

12.115.060    Appeals.

12.115.010 Excavation in City streets within five years of street paving prohibited.

No permit shall be issued for any openings, cuts or excavations in any City street for a period of five years after the date of notification from the City or a designated City contractor that the said street is being paved or repaved with the final lift of asphalt except as provided in this chapter. (Ord. 06-09 § 1; Ord. 18-06 § 1)

12.115.020 Notification of intent to pave.

(1) Prior to a street being paved or repaved with the final lift of asphalt, the Director of Public Works or designated City contractor shall mail written notice thereof to the following:

(a) Each person or entity owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street;

(b) The occupants of all houses, buildings and other structures abutting said street;

(c) Any applicable state agencies;

(d) Holders of franchise agreements with the City allowing utilities in any public right-of-way within the City;

(e) City departments that may need to perform work within the affected street;

(f) All other persons who register with the City Clerk to receive such notice.

(2) The notice shall state that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of said notice. The notice shall also state that applications for permits to excavate prior to such paving or repaving shall be submitted promptly in order that the work covered by the permit may be complete by the deadline established for such work by the Director of Public Works or designated City contractor. (Ord. 06-09 § 1; Ord. 20-07 § 42; Ord. 18-06 § 1)

12.115.030 Deadline for work.

All utility work accomplished prior to repaving shall be completed by the deadline established by the Director of Public Works or designated City contractor. That deadline shall be at least 45 days after the date of the written notification advising of the paving (final lift of asphalt) or repaving of the street, but the Director or designated City contractor may establish a deadline that is more than 45 days from the date of the written notification if the Director or designated City contractor determines that allowing more time will not interfere with the planned work. (Ord. 06-09 § 1; Ord. 18-06 § 1)

12.115.040 Exceptions.

No permit for excavation shall be issued within the five-year period after expiration of the deadline, unless the Director of Public Works determines that:

(1) Denying the permit would work an undue hardship on the person or entity applying for the permit and the need for the excavation could not have been reasonably anticipated before expiration of the deadline; or

(2) An emergency exists that requires such an excavation to protect the public health, safety or welfare; or

(3) The permit applicant overlays the full width, from intersection to intersection, of the excavated area. (Ord. 06-09 § 1; Ord. 18-06 § 1)

12.115.050 Excavation by City departments.

Every City department or official responsible for any work that may require any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within the set deadline. (Ord. 06-09 § 1; Ord. 18-06 § 1)

12.115.060 Appeals.

In the event that the Director of Public Works denies an application, the applicant’s remedy shall be to appeal to the City Council. The applicant shall file a written notice of appeal with the City Clerk within 15 days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the Director. At the next regular City Council meeting following receipt by the City Clerk of the applicant’s notice of appeal, the City Council shall set a date to hear the applicant’s appeal. The City Council shall conduct a hearing on the applicant’s appeal within 45 days of the date the City Clerk received the notice of appeal. A majority vote of the City Council shall be required to reverse the decision of the Director. (Ord. 06-09 § 1; Ord. 18-06 § 1)