Chapter 12.16 EXCAVATIONS

Every person is guilty of a misdemeanor who, before obtaining a permit from the commissioner so to do, makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway. (Ord. 46 § 18 (part), 1957)

12.16.030 Application for permit—Content.

The application for a permit for the making of excavations, fills, or obstructions in any highway shall state in detail:

(1) The location, dimensions, purpose, extent and nature thereof;

(2) The time during which it is estimated that such excavation or obstruction will exist. (Ord. 46 § 71, 1957)

12.16.040 Plat filing required for permit.

When excavations are made for service connections or for the location of trouble in conduits or pipes, or for making repairs thereto, the commissioner may waive the filing of a plat. Otherwise each applicant for an excavation permit shall file with the application a plat in quadruplicate showing the highways in which the proposed excavation will be made, together with the exact locations and dimensions of the proposed excavations, and any other details which the commissioner requires. (Ord. 46 § 72, 1957)

12.16.050 Proof of right to use highways.

Each applicant for a permit shall file with the commissioner proof of the applicant’s right to use the highways for the purposes set forth in the application. (Ord. 46 § 73, 1957)

12.16.060 Application for permit—Changes by commissioner.

The commissioner may make such changes in the application as to location dimensions, character and number of the proposed excavations or obstructions as in his opinion are necessary for the protection of the highways with which it is proposed that the work be performed or prevention of undue interference with traffic or of persons using such highways. (Ord. 46 § 74, 1957)

12.16.070 Application for permit—Obstructions to be stated.

Every application shall contain a statement signed by the applicant, that if any tank, pipe, conduit, duct, or tunnel placed in the excavation or obstruction for which a permit is issued, interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove such tank, pipe, conduit, duct, or tunnel, or relocate at a location designated by the commissioner. (Ord. 46 § 75, 1957)

12.16.080 Special deposits.

Except in the case of construction under contract with the county where a faithful performance bond is posted which guarantees to the county the repair of the highway, including construction financed in whole or in part by special assessments, each applicant for a permit in addition to payment of the issuance fee shall deposit with the commissioner a sum of money in no event less than ten dollars, which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or obstruction.

The cost shall be estimated by multiplying the number of square feet of surface which may be damaged as shown by the application and plat, and the number of inches of thickness, plus one inch, by such sum as the board of supervisors by order determines to most adequately represent the actual cost. The board of supervisors may change and revise such order from time to time. In the absence of any such order the amount shall be ten cents.

In all cases the cost shall be presumed to be not less than one dollar. (Ord. 61 § 1, 1959; Ord. 46 § 76, 1957)

12.16.090 General deposit.

In lieu of making the special deposit required by Section 12.16.080, the applicant may make and maintain with the commissioner a general deposit in an amount estimated by the commissioner to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions. The general deposit shall be held and used for the same purposes as the special deposit prescribed by Section 12.16.080. (Ord. 46 § 77, 1957)

12.16.100 Undertaking—Filing.

In lieu of making either a general or special deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the commissioner in a penal sum not less than one thousand dollars, executed either by two good and sufficient sureties or by a corporation incorporated for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings, complying with Section 1056 of the code of Civil Procedure, and by the applicant conditioned upon the payment of all fees and other charges required by this chapter, which may become due because of any permits issued during a period of not less than one year. (Ord. 46 § 77.5, 1957)

12.16.110 Special deposit—Exemption.

While a general deposit is maintained, or while an undertaking is filed, either or both of which are of an amount sufficient to cover the amount of deposit required for the making of any excavation or obstruction sought to be made, the applicant need not make any special deposit. (Ord. 46 § 78, 1957)

12.16.120 Additional deposit.

If, in the opinion of the commissioner, any special general deposit of any undertaking is not sufficient for the proper protection of the public interest in the highways in which it is proposed to excavate or on which it is proposed to place obstructions, the commissioner may require an additional deposit, or that amount of the undertaking be increased to such an amount as he determines will be sufficient to protect such public interest. (Ord. 46 § 79, 1957)

12.16.130 Application for permit—Approval.

If an applicant for a permit complies in all respects with this chapter and with all applicable provisions of all other ordinances and statutes, the commissioner shall approve the application and the plat filed therewith. Upon approval the application and the plat shall become public records. (Ord. 46 § 80, 1957)

12.16.140 Issuance of permit.

When the commissioner approves an application for a permit he may issue the permit applied for. (Ord. 46 § 81, 1957)

12.16.150 Lights, barriers, warning signs to be specified.

In any permit issued by him the commissioner may specify what lights, barriers, warning signs or other measures designed to protect the traveling public must be erected by the permittee. (Ord. 46 § 82, 1957)

12.16.160 Lights, barriers, warning lights not specified—Procedure.

If the permit does not specify what lights, barriers, warning signs or other measures must be erected by the permittee, the permittee shall place and maintain warning lights at each end of such excavation or obstruction and at a distance of not more than fifty feet along such excavation or obstruction from sunset of each day to sunrise of the next day, until the excavation is entirely refilled and resurfaced or the obstruction is removed and every person shall place and maintain barriers not less than three feet high at each end of the excavation or obstruction at all times until the excavation is entirely refilled or is removed.

The upper portion of each of these barriers shall consist of a substantial sign approximately one foot high and four feet wide and on each side thereof bearing a sign complying with one of the following requirements:

(1) In letters not less than three inches high and neither yellow nor black, bearing the name of the permittee, on a background of alternate three inch black and yellow stripes. The stripes shall be at an angle forty-five and sixty degrees from the horizontal.

(2) In letters not less than six inches high, bearing the word, “excavation” or “obstruction.” (Ord. 46 § 83, 1957)

12.16.170 Nontransferability of permit.

Permits issued hereunder are nontransferable. (Ord. 46 § 84, 1957)

12.16.180 Cancellation of permit.

The commissioner may cancel a permit unless the work therein permitted is commenced within sixty days of the issuance thereof and thereafter, in the opinion of the commissioner, is diligently prosecuted to completion. (Ord. 46 § 85, 1957)

12.16.190 Location other than that on application deemed misdemeanor.

Every permittee who makes or causes to be made any excavation, or constructs, puts upon, maintains, or leaves any obstruction or impediment to travel, or piles or places any material in or upon any highway, or installs or maintains or causes to be installed or maintained any tank, pipe, conduit, duct, or tunnel in or upon, or under the surface of any highway, at any location other than that described in the application, as amended, if amended, by the commissioner, and shown in the plat filed with such application, or in any way contrary to the terms of the permit, is guilty of a misdemeanor. (Ord. 46 § 86, 1957)

12.16.200 Refilling required.

Immediately upon completion of the work necessitating the excavation or obstruction permitted by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction. (Ord. 46 § 86, 1957)

12.16.210 Manner of refilling.

A permittee shall refill an excavation in the manner which the commissioner determines is most effective to accomplish thorough consolidation and enable the highway to be restored to a condition equivalent to that in which it was prior to the excavation. (Ord. 46 § 88, 1957)

12.16.220 Failure to refill—Cost to permittee.

If any permittee fails or refuses to refill any excavation which he has made, or remove any obstruction which he has placed in any highway, the commissioner may so do and charge the cost thereof to the permittee. (Ord. 46 § 89, 1957)

12.16.230 Notification of refilling.

Upon completion of the refilling of the excavation the permittee shall so notify the commissioner, in writing on a form prescribed by the commissioner. (Ord. 46 § 90, 1957)

12.16.240 Resurfacing required when.

Upon completion of the refilling of the excavation the commissioner at his option, may require the permittee to resurface that portion of the highway surface damaged by the permittee’s excavation or obstruction, or the commissioner may elect to do such resurfacing himself. Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than two inches.

Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the commissioner orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade. (Ord. 46 § 91, 1957)

12.16.250 Failure to resurface—Cost to permittee.

If, after the refilling of an excavation the permittee fails or refuses to resurface that portion of the surface of the highway damaged by him, or if the commissioner elects to do such resurfacing, the commissioner may do such resurfacing. The cost of such resurfacing shall be charged against the permittee except in those instances where the permittee’s excavation is within an area of pavement to be immediately reconstructed by the county, and the resurfacing of the excavation is an integral part of the general county improvement. The cost shall be computed as provided in Section 12.16.080. (Ord. 46 § 92, 1957)

12.16.260 Permit deposits—Deductions designated.

The county shall deduct from any deposit made or maintained by the permittee:

(1) The permit issuance fee if that has been paid;

(2) The cost to the county of refilling any excavation or removing any obstruction;

(3) The cost to the county calculated pursuant to the provisions of Section 12.16.080, of resurfacing the highway;

(4) The cost of any inspection by the commissioner. (Ord. 46 § 93, 1957)

12.16.270 Permit deposits—Refunds.

After making the deductions specified in Section 12.16.260, the county shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust moneys. (Ord. 46 § 94, 1957)

12.16.280 Deficiencies in deposit.

If any deposit made is less than sufficient to pay all fees and costs provided for in Section 12.16.260, the permittee shall, upon demand, pay to the commissioner an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full a permit shall not be issued to such permittee. (Ord. 46 § 95, 1957)

12.16.290 When deductions not made.

If a person makes and maintains with the commissioner either a general deposit or an undertaking as permitted by this chapter, the deductions hereinbefore provided for need not be made.

In lieu of such deductions, the commissioner may bill such person for the amount owned by him to the city under the provisions of this chapter. If such an amount is not paid within fifteen days of the transmission of such bill, the commissioner may deduct such amount from the general deposit, and the provisions of Sections 12.16.260, 12.16.270 and 12.16.280 shall apply, or may recover upon such undertaking. (Ord. 46 § 96, 1957)

12.16.300 Additional repairs.

If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the commissioner the cost of such additional repairs.

If the permittee fails or refuses to pay such additional costs upon demand, the city may recover such additional costs by an action against such permittee in any court of competent jurisdiction. Until such costs are paid the commissioner shall not issue any permits to such permittee. (Ord. 46 § 97, 1957)

12.16.310 Chapter regulations not limited.

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the office of the county are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the commissioner are first opened subsequent to the making of such excavation. (Ord. 46 § 98, 1957)

12.16.320 Limitations as to permit.

Every permit for an excavation in or under the surface of any highway shall be granted subject to the right of the city or county or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. (Ord. 46 § 99, 1957)

12.16.330 Street cut moratorium.

On a paved, constructed, reconstructed or resurfaced street, the pavement surface shall not be cut or opened for a period of five years after completion or from the recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of two years.

The city engineer shall grant exemptions to the moratorium (i) for emergencies which endanger life or property or interrupt essential utility service, as determined by the city engineer; (ii) for work that is mandated by city, state or federal law; (iii) for where no other reasonable means of providing service exists to a building, as determined by the city engineer; (iv) for any public utility possessing a franchise from the city and acting in accordance with said franchise; or (v) for other situations deemed by the city engineer to be in the best interest of the city. When granting exemptions to this regulation, the city engineer may impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving. Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work as determined by the city engineer, and may include up to the full-width street paving of the roadway.

Any person who is required to repave a street shall obtain an encroachment permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.

Repaving shall be completed per the city of Cerritos engineering standards. For concrete streets, repaving shall be from joint to joint of Portland cement concrete pavement.

Pavement improvements shall be completed within thirty days of the completion of the work or project that required the pavement cut. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short term factors, the city engineer may order a postponement until proper conditions allow for restoration work. (Ord. 1004 § 1, 2016)