Chapter 12.04
STREET EXCAVATIONS
Sections:
12.04.010 Permit – Required – Bond – Prerequisites to installation – Liability.
12.04.020 Permit – Application.
12.04.030 Applicant to pay cost of resurfacing.
12.04.040 Report of permits to street superintendent – Collection of resurfacing costs.
12.04.050 Safety precautions and liability insurance.
12.04.060 Supervision by city engineer.
12.04.070 Refilling and resurfacing specifications.
12.04.090 Precautions against damage to surrounding property.
12.04.010 Permit – Required – Bond – Prerequisites to installation – Liability.
A. It is unlawful for any person, firm, or corporation to make any excavation in or under the surface of any street, alley, sidewalk, public way or public place in the city without first obtaining a permit to do so from the city engineer or building inspector of the city and depositing with the city engineer or building inspector, upon receipt of such permit, a bond to defray the cost of restoring the surface to its former condition; provided, however, that any public utility company or licensed contractor need not make such deposit provided a bond in the amount of one thousand dollars, approved by the city attorney, shall be filed with the city guaranteeing proper replacement and repair.
B. The following shall be prerequisite to installation under this chapter:
1. Installations must be in accordance with plans and specifications approved by the public works department of the city.
2. Approval must be endorsed in writing on the plans prior to issuance of the permit.
3. An application fee of five dollars plus one dollar for each parcel of land or one hundred feet abutting the proposed improvement, whichever amount is greater, shall be paid.
4. A bond must be posted in an amount as determined by the public works department to be sufficient to cover restoration of the area to its original condition if the work shall be unsatisfactory and not meet the specifications. This bond may be a surety bond, cash, cashier’s check or money order in favor of the city.
5. Applicants shall execute a hold-harmless agreement guaranteeing that the city and/or its officers and employees shall not become liable for any injuries or damage occurring by reason of the installation of the permit and agreeing further to indemnify the city, its officers and employees for any liability which may be determined to exist. (Ord. 1044 § 2, 2017; Ord. 601 § II(5), 1982; Ord. 589 § II(28)(a), 1981; Ord. 158, 1958; Ord. 41, 1955; Ord. 1, 1954; prior code § 10-201)
12.04.020 Permit – Application.
A. The application for the permit required in this chapter shall be in writing and addressed to and filed with the city engineer or building inspector. It shall state clearly the nature, extent, and location of the excavation proposed to be made, and the purpose for which the same is to be made. When the applicant has complied with this chapter, the city engineer or building inspector shall issue the permit.
B. Such permit shall set forth the time for the completing of the work of refilling the same. The time for such commencement and such completion may be extended by the city council only upon good cause shown for such extension. (Ord. 601 § II(5), 1982; Ord. 589 § II(28)(b), 1981; Ord. 41, 1955; Ord. 1, 1954; prior code § 10-202)
12.04.030 Applicant to pay cost of resurfacing.
All applications for a street opening permit shall pay to the city, as provided in SMC 12.04.010, sufficient moneys to defray the cost of resurfacing such excavations in accordance with the schedule of prices on file at City Hall. (Ord. 1044 § 2 (Att. B), 2017; Ord. 1, 1954; prior code § 10-204)
12.04.040 Report of permits to street superintendent – Collection of resurfacing costs.
A. It shall be the duty of the city engineer and building inspector to report all street opening permits to the street superintendent and the collector daily, and to deposit with the collector within forty-eight hours all cash deposits made under this chapter.
B. It shall be the duty of the street superintendent to resurface such excavations and to report to the city clerk the exact amount due the city for the resurfacing. The city clerk shall thereupon make the adjustments in the amount of money deposited under this chapter, and shall bill the applicant for additional money to cover the cost of the resurfacing or cause to be remitted to the applicant any moneys due because of overpayment as the case may be. (Ord. 1044 § 2 (Att. B), 2017; Ord. 601 § II(5), 1982; Ord. 41, 1955; Ord. 1, 1954; prior code § 10-205)
12.04.050 Safety precautions and liability insurance.
It shall be the duty of the applicant for an excavation permit, on receipt of the same, to make such excavation in such manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the street superintendent, be necessary. Suitable barriers shall be constructed about the excavation for the prevention of accidents and adequate lights shall be continuously maintained thereon from the period of sunset to sunrise and, further, each applicant shall be required to file with the city a certificate of liability insurance, with minimum limits of two hundred fifty thousand dollars and five hundred thousand dollars property damage and five hundred thousand dollars and one million dollars personal injury liability holding the city harmless from any and all liability in connection with said excavation. (Ord. 601 § II(5), 1982; Ord. 589 § II(28)(c), 1981; Ord. 41, 1955; Ord. 1, 1954; prior code § 10-207)
12.04.060 Supervision by city engineer.
All excavations, refillings, and resurfacing shall be made under the supervision and to the satisfaction of the city engineer or building inspector of the city and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements. (Ord. 1, 1954; prior code § 10-203)
12.04.070 Refilling and resurfacing specifications.
All such excavations shall be refilled by the applicant to the specifications of the city and resurfaced by the street department of the city; provided, however, that public utilities, or contractor employed by such public utilities, may resurface such excavations, the work to be done to the satisfaction of the superintendent of streets. Specifications of the city for refilling excavations and repaving are as follows:
A. Open cut trenches may be backfilled with the materials excavated. No material which is deemed unsuitable by the superintendent of streets shall be made a part of the backfill, including broken pavement or earth which has a moisture content greater than optimum. Where materials excavated are deemed unsuitable for backfill, imported materials approved by the superintendent of streets shall be used.
B. Backfill of an open cut on a major city street shall be air tamped in lifts not exceeding six inches, or by such other equivalent tamping methods as may be approved by the superintendent of streets prior to issuance of the permit.
C. Backfill of an open cut on a nonmajor city street may be settled by jetting water to the bottom of the trench, or by air tamping.
D. All public utility excavations must be covered with a layer of plant mix surfacing at least one inch in thickness immediately upon completion of the backfill, and such surface maintained by the utility until permanent repair is made. At such time as the engineer may direct, the utility company shall remove the plant mix surface and repair to the specifications of the city.
E. All public utility companies shall be responsible for any settlement of their trenches for a period of one year following the date of final repaving and shall make repairs during this period as directed by the superintendent of streets. (Ord. 601 § II(5), 1982; Ord. 41, 1955; Ord. 1, 1954; prior code § 10-206)
12.04.080 Street access.
No city street shall be blocked or closed incident to street excavation or opening unless prior permission is obtained in writing from the city engineer on a form approved by the city engineer, accompanied by an application fee of ten dollars. Each separate day on which violation of this section shall exist shall be a separate misdemeanor. (Ord. 304, 1966; prior code § 10-405)
12.04.090 Precautions against damage to surrounding property.
No street surface shall be broken or excavated unless adequate precautions, acceptable to the city engineer, have been forwarded to ensure that there shall be no flying dust, dirt or debris arising from the excavation which shall lodge on properties or structures adjacent to or in the vicinity of such work and that there shall be minimal disruption of or danger to business or residential activities in the area. Each separate day on which violation of this section shall exist shall be a separate misdemeanor. (Ord. 304, 1966; prior code § 10-406)