Chapter 1
STREET EXCAVATIONS
Sections:
7-1.08 Liability of permittee.
7-1.10 Bond or deposit required.
7-1.11 Exception to bonding requirement.
7-1.01 Definitions.
For the purposes of this chapter, “street excavations” shall mean the opening, trenching, excavating, repairing, installing, adding to, removing, or otherwise altering any portion of any public street, alley, sidewalk, curb, gutter, or driveway, or any other facility existing within a public right-of-way area for any purpose whatsoever.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.02 Permit required.
It shall be unlawful for any person, firm, or corporation to make or cause to be made any excavation without having first obtained a permit therefor as herein provided. A written application for a permit shall be submitted on a form provided by the Director of Public Works prior to the commencement of work. The Director of Public Works shall grant or deny the permit. The permit, if granted, shall be on such terms and conditions as specified by the Director of Public Works in said permit. Permits shall be secured at least two (2) days before the work is commenced, except in the case of emergencies. The permit shall provide a time limit within which the work shall be completed and shall be void if not completed within the dates specified unless an extension of time is granted, in writing, by the Director of Public Works.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.03 Appeals.
Any person may appeal any decision or requirement of the Director of Public Works by filing a written appeal as provided by Chapter 4 of Title 1 of this Code. No work shall be done by the appellant pending the final determination of the appeal.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.04 Emergency excavations.
In the event of an emergency which requires an immediate excavation, a public utility company or a licensed contractor may make an excavation provided the person or firm making the excavation obtains a retroactive permit within four (4) hours after the next opening of the City offices.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.05 Required inspections.
Each phase of the work for which a permit has been granted shall be approved before proceeding with the succeeding phase of said work.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.06 Specifications.
All work shall be done in compliance with the Public Improvement Standards of the City and all applicable safety orders, rules, and recommendations of the State Division of Industrial Safety.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.07 Inspection and fees.
All work shall be done under the inspection and to the satisfaction of the Director of Public Works. The Council shall establish, by resolution, a schedule of fees for the inspection of excavations, for surveying, or for any work in and on any public right-of-way or on other public property. No fee shall be required of any public agency, except that such agencies shall obtain a permit for excavations, and the work shall be subject to City inspection. Public utilities shall not be considered public agencies for the purposes of this chapter.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.08 Liability of permittee.
The permittee shall be responsible for all claims, demands, and liabilities for damages caused by any work herein permitted or caused by the permittee’s failure to perform his obligations under the permit or by performance in a careless or negligent manner.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.09 License requirement.
A permit shall not be granted unless the applicant holds a valid City business license and is licensed by the State as a Specialty Contractor in accordance with Section 7058 of the Business and Professions Code.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.10 Bond or deposit required.
No permit shall be granted until a corporate surety bond is filed with the Director of Finance in a minimum amount of One Thousand and no/100ths ($1,000.00) Dollars or such other amount as may be specified in the permit by the Director of Public Works. Said surety bond shall be conditioned upon the faithful performance of any work the permittee may undertake on such public streets for the protection of the City and against damages to any street, sidewalk, or structure, or materials therein. Said bond shall be in favor of the City and shall be approved by the City Attorney as to form and sufficiency. In lieu of the above requirement, the permittee may deposit or may be required to deposit with the Director of Finance a cash bond in such amount as may be prescribed by the Director of Public Works. If the permittee fails to comply with the provisions of the permit, the City may declare a forfeiture of the cash bond, or any portion thereof, and use the proceeds of such cash bond to complete the permitted work. The cash bond shall be refunded by the Director of Finance when all the work done by the permittee under the permit has been completed and approved by the Director of Public Works.
In the event the permittee fails to comply with the requirements of the permit, the Director of Public Works shall give written notice to the permittee of noncompliance with such requirements, specifying the deficiencies in such compliance. Should the permittee fail to correct such deficiencies and complete the permitted work within five (5) days from receipt of the notice, the cash bond shall be declared forfeited. Upon such forfeiture, the City may use the proceeds of the cash bond to complete the permitted work. Such portion of the cash bond, if any, remaining after the payment for all work done by the Director of Public Works hereunder shall be refunded to the permittee, and such refund shall be accompanied by a statement of disbursements by the Director of Public Works in performing the work in the place and stead of the permittee.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.11 Exception to bonding requirement.
Whenever any excavation is made directly by any public utility, public agency, or any crew of workers employed directly thereby, at the discretion of the Director of Public Works, he may waive the requirement for a performance bond as required by Section 7-1.10 of this chapter.
(§ 1, Ord. 94 C-M, eff. January 21, 1965)
7-1.12 Establishing datum.
The datum of the United States Geodetic Survey is hereby adopted as the datum for the City.
(§ 1, Ord. 119 C-M, eff. June 23, 1966)