Chapter 12.16
EXCAVATIONS*
Sections:
12.16.010 Connection of Mains – Permit Required.
12.16.020 Permit – Application.
12.16.050 Restoration of Impacted Areas.
* For statutory provisions authorizing cities to prevent encroachments and obstructions on public ways, see Government Code § 38775.
12.16.010 Connection of Mains – Permit Required.
It is unlawful for any person, firm, corporation or public entity to dig in or disturb any portion of the public right-of-way, including streets, curbs, gutters or sidewalks in the City, for the purpose of making connections with sewer, water, electrical, telecommunications, or gas mains or the installation of sanitary collection or transmission lines, or for any other purpose, without first having obtained permission in writing, the permission to be granted as provided for in CMC 12.16.030. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 29 § 1, 1920; Code 1975 § 1200).
12.16.020 Permit – Application.
Any person, firm, corporation or public entity desiring to dig in or disturb any portion of the public right-of-way including any street, curb, gutter or sidewalk in the City shall make written application to the Director of Public Works for permission to do so, describing the work desired to be done, the place, character and object of the same. However, application for sanitary transmission lines shall be reviewed and decided upon by the City Council. The Council may process the application for review and recommendation to the Planning Commission or any other recognized board or commission. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 29 § 2, 1920; Code 1975 § 1201).
12.16.030 Permit – Issuance.
The Director of Public Works may grant or deny such application as to her/him may seem advisable; provided, however, the decision of the Director of Public Works regarding such application may be appealed to the City Council of the City and its action upon such application shall be final. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 41 C.S. § 1, 1962; Ord. 187 N.S. § 1, 1955; Ord. 220 § 1, 1940; Ord. 29 § 3, 1920; Code 1975 § 1202).
12.16.040 Inspection of Work.
In cases where s/he deems necessary, the Director of Public Works may appoint a special inspector to supervise the work done under any permit during the progress of such work and in the event of the appointment of such inspector, the Director of Public Works shall certify to the City Administrator within 10 days after completion of such work so inspected, the amount of the inspector’s fees to be charged. Such inspector’s fees, so charged, shall be promptly billed to the permittee whose work was so inspected, who shall thereupon pay such fees. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 41 C.S. § 2, 1962; Code 1975 § 1202.5).
12.16.050 Restoration of Impacted Areas.
All work done under the permit mentioned in CMC 12.16.010 shall be done under the supervision of the Director of Public Works and that portion of the subgrade, grade, base and pavement defined as “impacted areas” in City policy, shall be restored to its former condition, both as to material and workmanship, and so maintained for one year in the case of private owners and in perpetuity for public utility companies, the Carmel Area Wastewater District, political subdivisions of the State, or franchise holders of the City. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 220 § 2, 1940; Ord. 29 § 4, 1920; Code 1975 § 1203).
12.16.060 Bond.
A. Any person, firm or corporation other than a public utility, political subdivision of the State, or franchise holder of the City applying for a permit involving the laying of gas, sewer, electrical, telecommunications, or water mains or laterals thereto underground in the public rights-of-way, or other work involving backfill, may be required, at the discretion of the Public Works Director and as a prerequisite to the obtaining of such permit, deposit with the City Clerk at time of final project inspection a bond to the City in the sum of $5,000, which shall be executed by a surety authorized to contract business in the State of California.
B. The condition of each such bond shall be that in the event the principal named therein shall comply with the provisions of this chapter, including the payment of any inspector’s fees charged under CMC 12.16.040, then the obligation shall be void, but in the event that the principal shall fail to comply with any of the provisions of this chapter in the performance or doing of any of the work for which a permit is required by this chapter, or fail to maintain any restored street area in its former condition for a period of one year as required by CMC 12.16.050, then said bond shall be in full force and effect, and the Director of Public Works may direct said work to be corrected or so maintained, and the cost and expense of such correction or restoration of such street or sidewalk area, together with any unpaid fees, not exceeding the sum of $5,000, shall be collectible from the principal and/or the sureties of the bond. (Ord. 2000-07 § 1, 2000; Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 41 C.S. § 3, 1962; Ord. 220 § 3, 1940; Ord. 29 § 5, 1920; Code 1975 § 1204).
12.16.070 Emergency Repairs.
Persons, firms, corporations, or public entities having water, gas, or other mains laid in any of the public rights-of-way in the City, or being employed to repair laterals to same, provided such persons, firms, or corporations have on file with the City any bond required of them by CMC 12.16.060, are expressly authorized, in case of breaks, leaks or other accident calling for immediate repair, to excavate so much of any street or sidewalk as may be necessary to enable them to make such repairs as may be needed, without awaiting the issuance of the permit mentioned in CMC 12.16.020; provided, however, that such persons shall immediately notify the Director of Public Works upon discovery of such break or repair and of their intention to repair the same and shall submit a permit application after-the-fact. (Ord. 99-07 § 1, 2000; Ord. 85-37 § 1, 1985; Ord. 41 C.S. § 5, 1962; Code 1975 § 1207).