Chapter 12.40
WORK WITHIN PUBLIC PLACES*
Sections:
12.40.010 Definitions.
12.40.020 Permit—Required.
12.40.030 Permit—Application.
12.40.040 Permit—Fee.
12.40.050 Annual blanket permit.
12.40.060 Inspection fees.
12.40.070 Permit—Expiration.
12.40.080 Permit—Renewal.
12.40.090 Permittee’s liability.
12.40.100 Insurance.
12.40.110 Deposit or bond—Required.
12.40.120 Deposit or bond—Exemptions.
12.40.130 Barriers and warning devices— Required.
12.40.140 Barriers and warning devices— Requirements.
12.40.150 Minimization of traffic disruption.
12.40.160 Closing streets and alleys.
12.40.170 Warning signs and devices.
12.40.180 Detours and traffic-control plans.
12.40.190 Driveway closures.
12.40.200 Interference with vital equipment prohibited.
12.40.210 Vehicular and pedestrian traffic protection.
12.40.220 Utility disruption— Requirements—Relocation cost liability.
12.40.230 Utility apparatus—Protection.
12.40.240 Utility apparatus—Damage— Owner notification.
12.40.250 Utility apparatus—Damage— Repair.
12.40.260 Utility damage liability.
12.40.270 Underground utility facilities protection.
12.40.280 Abandonment of substructures.
12.40.290 Protection of adjoining property—Required.
12.40.300 Protection of adjoining property—Property entry.
12.40.310 Protection of adjoining property—Cost and damage liability.
12.40.320 Protection of adjoining property—Lawn area restoration.
12.40.330 Removing trees and shrubs from parking strip—Permission required.
12.40.340 Excavated material—Storage.
12.40.350 Shoring, bracing and ladders—Safety requirements.
12.40.360 Excavated material—Traffic obstruction prohibited.
12.40.370 Cleanup.
12.40.380 Gutter maintenance.
12.40.390 Runoff disposal.
12.40.400 Breaking through pavement.
12.40.410 Depth of structures.
12.40.420 Backfilling—Requirements.
12.40.430 Backfilling—Testing.
12.40.440 Temporary surfacing.
12.40.450 Permanent repairs.
12.40.460 Trenches.
12.40.470 Prompt completion of work.
12.40.480 Urgent work.
12.40.490 Emergency action.
12.40.500 Noise, dust and debris.
12.40.510 Preservation of monuments.
12.40.520 Inspections.
12.40.530 Maintenance of drawings.
12.40.540 Liability of city.
* See also Ch. 15.02, Building Code.
12.40.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. “Shall” is always mandatory and not merely directory.
A. “Excavation” means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent opening without injury or damage to the public place.
B. “Facility” means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.
C. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
D. “Public place” means any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the city engineer and dedicated to public use.
E. “Substructure” means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar structure located below the surface of any public place.
F. “Utility” means a private company and/or corporation or municipal department engaged in providing a particular service to the general public. (Ord. 40 § 1 (part), 1972: prior code § 3-601)
12.40.020 Permit—Required.
No person shall perform any work, construct any facility, make any excavation or fill any excavation, store materials and/or vehicles in or upon any real property in which the city has an interest, whether by title, easement, right-of-way, license or otherwise, without first obtaining an encroachment permit to do so from the city engineer except as otherwise provided in this chapter. (Ord. 171 § 2, 1978: Ord. 40 § 1 (part), 1972: prior code § 3-602)
12.40.030 Permit—Application.
No encroachment permit shall be issued unless a written application (on a form provided by the city engineer) for the issuance of an encroachment permit is submitted to the city engineer. The written application shall state the name and address and principal place of business of the applicant, the authority of the applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal and the approximate size of the excavation to be made, the purpose of the facility and the approximate time which will be required to complete such work, including backfilling the excavation and removing all obstructions, material and debris. An extension of time may be granted by the city engineer for good and sufficient reasons. (Ord. 171 § 3, 1978: Ord. 40 § 1 (part), 1972: prior code § 3-603)
12.40.040 Permit—Fee.
A permit inspection fee shall be charged by the city for the issuance of an encroachment permit. The fee for each permit shall be established by resolution of the city council. (Ord. 171 § 4, 1978: Ord. 40 § 1 (part), 1972: prior code § 3-604 (part))
12.40.050 Annual blanket permit.
An annual blanket encroachment permit may be issued to a utility on a calendar-year basis, the inspection fee for which shall be established by resolution of the city council. (Ord. 171 § 5, 1979: Ord. 40 § 1 (part), 1972: prior code § 3-604.010)
12.40.060 Inspection fees.
Before issuance of the permit, the applicant shall pay to the city all applicable inspection fees as established by resolution of the city council. (Ord. 171 § 6, 1978: Ord. 40 § 1 (part), 1972: prior code § 3-604.020)
12.40.070 Permit—Expiration.
A permit shall become void if work is not commenced within ninety days of the issuance of the permit. (Ord. 40 § 1 (part), 1972: prior code § 3-604.030)
12.40.080 Permit—Renewal.
A permit may be renewed by the payment of a fee established by resolution of the city council, provided no change(s) have been made from the original conditions for issuance of the original permit. (Ord. 663 § 1, 2023)
12.40.090 Permittee’s liability.
The permittee is responsible for all liability for personal injury or property damage which may arise out of work permitted in this chapter or which may arise out of failure on the permittee’s part to perform his obligations under this permit in respect to maintenance. In the event any claim of such liability is made against the city or any department, officer or employee thereof, the permittee shall defend, indemnify and hold them and each of them harmless from such claim, which obligations are more fully described in the master insurance and indemnity requirements schedule. (Ord. 632 § 8 (part), 2020: Ord. 40 § 1 (part), 1972: prior code § 3-605.010)
12.40.100 Insurance.
The permit shall not be effective for any purpose unless and until the permittee files with the department certificates of insurance in amounts consistent with the requirements set forth by the city council from time to time, as specified in the master insurance and indemnity requirements schedule; provided, however, that public utilities operating under the supervision of the Public Utilities Commission, public utilities holding a franchise from the city, city departments and other governmental agencies may be relieved of the obligation of submitting such certificates by the city engineer. (Ord. 632 § 8 (part), 2020: Ord. 40 § 1 (part), 1972: prior code §§ 3-605.020, 3-605.030)
12.40.110 Deposit or bond—Required.
A. The application for an encroachment permit to perform work under this chapter shall be accompanied by a cash deposit or performance bond deposited with the city treasurer in an amount determined by the city engineer.
B. The cash deposit or performance bond may be released six months after the city engineer has made a final inspection and determined that all work has been done in compliance with specifications and/or pursuant to the requirements of this chapter. (Ord. 171 § 7, 1978: Ord. 40 § 1 (part), 1972: prior code § 3-606.010)
12.40.120 Deposit or bond—Exemptions.
Where excavations are made by public utility companies operating under a franchise issued by the city or under the supervision of the Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making such deposit. In such cases, the utilities shall be liable for the actual cost of any work required to be done by the city engineer in restoring the area covered by such excavations to as good condition as the same was in before such work was done; further provided, however, that the city engineer may, in the future, require such deposit from any such utility if a bill rendered in accordance with this section remains unpaid thirty days after date of billing. (Ord. 40 § 1 (part), 1972: prior code § 3-606.020)
12.40.130 Barriers and warning devices—Required.
It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for safety of the general public. (Ord. 40 § 1 (part), 1972: prior code § 3-607.010)
12.40.140 Barriers and warning devices— Requirements.
Barriers, warning signs, lights, etc., shall conform to the requirements of the city engineer. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open-wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid.
Lanterns shall burn kerosene or a similar fluid, and have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance from safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources. The city engineer may restrict the use of lanterns or open-flame devices in fire-hazard areas. (Ord. 40 § 1 (part), 1972: prior code §§ 3-607.020, 3-607.030)
12.40.150 Minimization of traffic disruption.
The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. (Ord. 40 § 1 (part), 1972: prior code § 3-607.040)
12.40.160 Closing streets and alleys.
When traffic conditions permit, the city engineer may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. The written approval of the city engineer may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. (Ord. 40 § 1 (part), 1972: prior code § 3-607.050)
12.40.170 Warning signs and devices.
Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the city engineer. During all phases of the work, the permittee shall maintain one lane of traffic in each direction. (Ord. 40 § 1 (part), 1972: prior code § 3-607.060)
12.40.180 Detours and traffic-control plans.
The permittee shall provide detour route and traffic-control plans for approval of the city engineer not less than two working days prior to actual street closure. (Ord. 40 § 1 (part), 1972: prior code § 3-607.070)
12.40.190 Driveway closures.
Driveway(s) shall be closed only upon written approval of the city engineer. (Ord. 40 § 1 (part), 1972: prior code § 3-607.080)
12.40.200 Interference with vital equipment prohibited.
The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment as designated by the city engineer. (Ord. 40 § 1 (part), 1972: prior code § 3-608)
12.40.210 Vehicular and pedestrian traffic protection.
The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line. (Ord. 40 § 1 (part), 1972: prior code § 3-609)
12.40.220 Utility disruption—Requirements— Relocation cost liability.
The permittee shall not interfere with any existing facility without the written consent of the city engineer and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by the owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately-owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. (Ord. 40 § 1 (part), 1972: prior code § 3-610.010)
12.40.230 Utility apparatus—Protection.
The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work. The permittee shall secure approval of the method of support and protection from the owner of the facility. (Ord. 40 § 1 (part), 1972: prior code § 3-610.020)
12.40.240 Utility apparatus—Damage—Owner notification.
In case any pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. (Ord. 40 § 1 (part), 1972: prior code § 3-610.030)
12.40.250 Utility apparatus—Damage— Repair.
All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. (Ord. 40 § 1 (part), 1972: prior code § 3-610.040)
12.40.260 Utility damage liability.
It is the intent of Sections 12.40.220 through 12.40.250 that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage, and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The city shall not be made a party to any action because of Sections 12.40.220 through 12.40.250. (Ord. 40 § 1 (part), 1972: prior code § 3-610.050)
12.40.270 Underground utility facilities protection.
The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. (Ord. 40 § 1 (part), 1972: prior code § 3-610.060)
12.40.280 Abandonment of substructures.
Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling or having an interest therein shall within thirty days after such abandonment file with the city engineer a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body. (Ord. 40 § 1 (part), 1972: prior code § 3-611)
12.40.290 Protection of adjoining property—Required.
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. (Ord. 40 § 1 (part), 1972: prior code § 3-612.010)
12.40.300 Protection of adjoining property—Property entry.
Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the owner of such private property for such purpose, and if he cannot obtain a license from such owner, the city engineer may authorize him to enter the private premises solely for the purpose of making the property safe. (Ord. 40 § 1 (part), 1972: prior code § 3-612.020)
12.40.310 Protection of adjoining property— Cost and damage liability.
The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out the work. (Ord. 40 § 1 (part), 1972: prior code § 3-612.030)
12.40.320 Protection of adjoining property— Lawn area restoration.
Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. (Ord. 40 § 1 (part), 1972: prior code § 3-612.040)
12.40.330 Removing trees and shrubs from parking strip—Permission required.
The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having control of such property. (Ord. 40 § 1 (part), 1972: prior code § 3-612.050)
12.40.340 Excavated material—Storage.
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the city engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. (Ord. 40 § 1 (part), 1972: prior code § 3-613.010)
12.40.350 Shoring, bracing and ladders— Safety requirements.
All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with State “Trench and Tunnel Construction Safety Orders,” as they now or may hereafter exist. (Ord. 40 § 1 (part), 1972: prior code § 3-613.020)
12.40.360 Excavated material—Traffic obstruction prohibited.
All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the city engineer. Whenever necessary in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the city engineer to prevent the spreading of dirt into traffic lanes. (Ord. 40 § 1 (part), 1972: prior code § 3-613.030)
12.40.370 Cleanup.
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, the work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof. (Ord. 40 § 1 (part), 1972: prior code § 3-614)
12.40.380 Gutter maintenance.
The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. (Ord. 40 § 1 (part), 1972: prior code § 3-615.010)
12.40.390 Runoff disposal.
The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 40 § 1 (part), 1972: prior code § 3-615.020)
12.40.400 Breaking through pavement.
A. Heavy-duty pavement breakers may be prohibited by the city engineer when the use endangers existing substructures or other property.
B. Saw cutting of Portland cement concrete may be required by the city engineer when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch; however, depths greater than one inch may be required by the city engineer when circumstances warrant. Saw cutting may be required by the city engineer outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.
C. Approved cutting of bituminous pavement surface ahead of excavations may be required by the city engineer to confine pavement damage to the limits of the trench.
D. Sections of sidewalks shall be removed to the nearest score line or joint.
E. Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.
F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.
G. Cutouts outside of the trench lines must be normal or parallel to the trench line.
H. Boring or other methods to prevent cutting of new pavement may be required by the city engineer.
I. The permittee shall not be required to repair pavement damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case the permittee shall remove and pave the area. (Ord. 40 § 1 (part), 1972: prior code § 3-616)
12.40.410 Depth of structures.
A. No person shall, without written permission of the city engineer, install any substructure, except manholes, vaults, valve casings, culverts and catch basins, at a vertical distance less than:
1. Streets: Twenty-four inches below the established flow line of the nearest gutter. If the flow line is not established, then the depth shall be at a minimum of twenty-four inches below the surface of the nearest outermost edge of the traveled portion of the street.
2. Parkway:
a. The minimum depth of any substructure shall be sixteen inches below established gutter grade when the substructure parallels the parkway.
b. The minimum depth of any substructure shall be twelve inches below established gutter grade when the substructure parallels the parkway.
3. Other Public Places: The minimum depth of any substructure in any other public place shall be twelve inches below the surface; provided, however, that the administrative authority may permit a lesser depth in special cases.
B. Nothing in this section shall impose a duty upon the permittee to maintain the specifications as required in this section upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street. (Ord. 40 § 1 (part), 1972: prior code § 3-617)
12.40.420 Backfilling—Requirements.
Fine material, free from lumps and stone, selected from the spoil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, back fill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolidation specified by the city engineer. Broken pavement, large stones, roots and other debris shall not be used in the backfill. The number and size of each lift shall be dependent upon the type of soil involved. Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation unless otherwise specified. (Ord. 40 § 1 (part), 1972: prior code § 3-618.010)
12.40.430 Backfilling—Testing.
The city engineer may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the city engineer. All expense of such tests shall be borne by the permittee. (Ord. 40 § 1 (part), 1972: prior code § 3-618.020)
12.40.440 Temporary surfacing.
Permanent resurfacing of excavations shall be made by the permittee. The top surface of the backfill shall be covered with one inch of bituminous temporary resurfacing material. Such temporary paving material shall be cold mix, except that the permittee may use or the city engineer may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the city engineer, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving. If it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required herein. (Ord. 40 § 1 (part), 1972: prior code § 3-619.010)
12.40.450 Permanent repairs.
The city engineer shall require the permittee to restore that portion of the public way damaged by the permittee’s work. Restoration shall be done in a manner and under specifications prescribed by the city engineer and subject to the inspection of the city engineer, and shall be completed within a period of ten days after such authorization to complete final restoration. (Ord. 40 § 1 (part), 1972: prior code § 3-619.020)
12.40.460 Trenches.
The maximum length of open trench permissible at any time shall be in accordance with existing ordinances or regulations or as may be specified by the city engineer and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the city engineer. (Ord. 40 § 1 (part), 1972: prior code § 3-620)
12.40.470 Prompt completion of work.
After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (Ord. 40 § 1 (part), 1972: prior code § 3-621)
12.40.480 Urgent work.
When traffic conditions, the safety or convenience of the traveling public or the public interest requires that the excavation work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible. (Ord. 40 § 1 (part), 1972: prior code § 3-622)
12.40.490 Emergency action.
Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the city engineer for such a permit on the first working day after such work is commenced. (Ord. 40 § 1 (part), 1972: prior code § 3-623)
12.40.500 Noise, dust and debris.
Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, and between the hours of ten p.m. and seven a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ord. 40 § 1 (part), 1972: prior code § 3-624)
12.40.510 Preservation of monuments.
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the city engineer so to do. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the city engineer. (Ord. 40 § 1 (part), 1972: prior code § 3-625)
12.40.520 Inspections.
The city engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 40 § 1 (part), 1972: prior code § 3-626)
12.40.530 Maintenance of drawings.
Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city, shall, when requested, file with the city engineer within one hundred twenty days after the adoption of the ordinance codified in this chapter a map or set of maps each drawn to a scale of not less than one inch to two hundred feet, scale showing in detail the plan location, size and kind of installation, if known, of all substructures, except service lines designed to serve single properties beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the city engineer annually at a time specified by the city engineer a corrected map or set of maps each drawn to said scale including all installations made during the previous year to and including the last day of such year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals. (Ord. 40 § 1 (part), 1972: prior code § 3-627)
12.40.540 Liability of city.
This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any excavation work. (Ord. 40 § 1 (part), 1972: prior code § 3-628)