Chapter 15.40
CONSTRUCTION ON PUBLIC PROPERTY
Sections:
15.40.040 Permit—Designation of area to be used.
15.40.050 Underground lines, pipes and conduits.
15.40.055 Culvert construction.
15.40.070 Excavations—Deposit—Restoration.
15.40.080 Deposit—Restoration—Supplemental charges.
15.40.010 Permit—Required.
No person shall do work upon any public right-of-way without first obtaining a permit from the public works department. Work upon the public right-of-way includes but is not limited to construction, reconstruction, grading, oiling, repair, opening or excavation of a sidewalk, street, curb, driveway, culvert or ditch on a public right-of-way, but does not include the construction of public improvements performed under city contract or by the public works department. (Ord. 647 § 13 (part), 1998: Ord. 245 § 1, 1978)
15.40.020 Permit—Application.
A. An application for a right-of-way work permit shall be made to the public works department on a form provided by the department, which form shall incorporate by reference all provisions of this chapter.
B. The department may require such information including drawings, surveys and plans as it deems necessary to determine whether the proposed work conforms to this code and the standard specifications of the city.
C. If the department determines that it is proper that the proposed work be done, its approval will be endorsed on the application. Upon receipt of the approved application and payment of the required fee, the department shall issue the permit. The permittee shall do all of the work in the manner specified in the application for the permit and as recommended by the department.
D. If the department denies a permit, the applicant shall have the right of appeal to the city council.
(Ord. 647 § 13 (part), 1998: Ord. 245 § 2, 1978)
15.40.030 Permit—Fees.
An application for a right-of-way work permit must be accompanied by a nonrefundable fee in the amount of one hundred dollars. (Ord. 856 § 1 (part), 2009: Ord. 647 § 13 (part), 1998: Ord. 245 § 4, 1978)
15.40.040 Permit—Designation of area to be used.
If the applicant for a permit, as required in Section 15.40.010 of this chapter, is legally entitled under a franchise held by him to use a part of the streets, alleys or other public grounds for the purpose desired, the department shall designate in the permit the part of the streets, alleys or other public grounds to be used, and the applicant shall strictly conform to the designation so made. (Ord. 647 § 13 (part), 1998: Ord. 245 § 5(1), 1978)
15.40.050 Underground lines, pipes and conduits.
All water pipes and mains, gas pipes and mains and all other pipes and conduits, excepting drainage structures, which are laid underground shall be laid at a minimum depth of thirty inches below the ground surface or thirty inches below the established street grade, whichever is the deeper burial. All electrical lines, T.V. lines and phone lines shall be laid at a minimum depth of twenty-four inches when parallel with the street. All electrical lines laid under the asphalt at street crossings shall be in conduit and extend one foot beyond the asphalt surface on each side of the street. All electrical and phone lines passing over existing water mains shall be in conduit. When crossing drainage ditches, the electrical and phone lines shall be a minimum of twelve inches below the established grade. In case it becomes necessary for the proper or necessary public use of any street, alley or other public ground of the city that any pipes or conduits heretofore laid be removed or that any use made thereof by the public franchise holder be discontinued, the city shall give written notice to the franchise holder or to his assigns to remove the same within a reasonable time. In case of failure to comply with such requirement, the city may remove the same at the expense of the franchise holder. (Ord. 647 § 13 (part), 1998: Ord. 295 § 1, 1980: Ord. 245 § 5(2), 1978)
15.40.055 Culvert construction.
Culvert construction shall require corrugated polyethylene pipe. The materials, size, and installation of culverts and culvert splices and connections shall meet the requirements of the director of public works. No installation is permitted without prior review and approval of the director of public works or designee, and payment of permit fees as required in this chapter. (Ord. 856 § 1 (part), 2009: Ord. 647 § 13 (part), 1998: Ord. 406 § 2, 1985)
15.40.060 Barriers required.
Every person to whom a permit is issued shall, before proceeding with any work under the permit, erect a suitable barricade and guard on the site of the proposed excavation or cutting. The barrier shall be kept and maintained upon the site until the street is accepted by the department for restoration. (Ord. 647 § 13 (part), 1998: Ord. 245 § 8, 1978)
15.40.070 Excavations—Deposit—Restoration.
Before the permittee obtains a permit to open cut a paved street, he or she shall deposit with the department a nonrefundable fee of one thousand dollars to cover restoration at an estimated cost of five hundred dollars, and ongoing maintenance expenses at a cost of five hundred dollars. He or she shall saw cut, scribe or jackhammer the outer edges of the opening to permit the removal of asphalt to yield neat vertical sides along the asphalt edges. Backfill of the trench shall be with clean sand deposited and compacted in layers not to exceed six inches in thickness. Final finishing and paving shall be done by the city. (Ord. 856 § 1 (part), 2009: Ord. 647 § 13 (part), 1998: Ord. 245 § 6, 1978)
15.40.080 Deposit—Restoration—Supplemental charges.
After completion of the backfilling as required in Section 15.40.070, the permittee shall notify the department, whereupon the department shall inspect the work to determine if the work was performed satisfactorily and to measure the amount of asphalt pavement damaged or destroyed. If the area of damaged or destroyed asphalt exceeds fifty square feet, a supplemental charge will accrue to the permittee at the rate of ten dollars per square foot for the additional damaged or destroyed area. (Ord. 856 § 1 (part), 2009: Ord. 647 § 13 (part), 1998: Ord. 295 § 2, 1980: Ord. 245 § 7, 1978)
15.40.090 Liability.
A. No permit shall be issued unless an applicant agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed or condition created under the permit.
B. The application for and acceptance of a permit under this chapter shall constitute such an agreement by the applicant whether the same is expressed or not.
(Ord. 647 § 13 (part), 1998: Ord. 245 § 3, 1978)
15.40.100 Violation—Penalty.
Any violation of this chapter shall be a Class B offense as defined in Title 7 of this code. (Ord. 647 § 13 (part), 1998: Ord. 281 § 3 (part), 1979: Ord. 245 § 9, 1978)