Chapter 12.08
EXCAVATIONS
Sections:
12.08.050 Prohibited excavation.
12.08.060 Excavation performance.
12.08.070 Failure to perform excavation—Remedy.
12.08.010 Permit.
Prior to commencing any excavation or disturbance of the surface of a public right-of-way, all persons or entities must obtain an excavation permit from the public works director. Excavation or disturbance of the public right-of-way includes, but is not limited to, construction, reconstruction, grading, oiling, repair, or opening of a sidewalk, street, or curb. (Ord. 509 § 1, 1992)
12.08.020 Permit application.
The public works director shall provide an excavation permit application form to all persons or entities that desire to perform any of the activities referred to in Section 12.08.010 of this chapter.
The excavation permit application form shall be a standard form developed by the public works director to solicit the information deemed necessary to determine whether or not a permit should be issued and all applicants shall complete and return the form to the public works director. In addition to completion of the excavation permit application form, the public works director may require drawings, surveys, and plans when deemed necessary to determine whether the proposed work will conform to the requirements of this chapter and state law. (Ord. 509 § 2, 1992)
12.08.030 Insurance.
Subsequent to approval of the excavation permit application and prior to issuance of a excavation permit the applicant shall file a security bond in the minimum amount of one hundred fifty dollars ($150.00) or larger amount if required by the public works director with the city clerk to secure performance of the work in accordance with the requirements of this chapter, the city code, and state law; provided that municipal corporations, public utility districts, and state or federal government departments performing excavation work on public rights-of-way shall be exempt from the security bond posting requirement when such entities utilize their own employees and equipment to perform the excavation. (Ord. 509 § 3, 1992)
12.08.040 Permit fees.
Upon approval of the application and the filing of the security bond in accordance with Section 12.08.030 of this chapter and the payment to the city clerk of an administrative fee in the amount of ten dollars, the public works director shall issue an excavation permit to the applicant. (Ord. 509 § 4, 1992)
12.08.050 Prohibited excavation.
A. No excavation permits shall be granted for proposed excavation work that would disturb the surfaces of a public right-of-way that has been installed or completely resurfaced within the three-year period preceding the date on which the applicant proposes to commence the excavation work, provided that this subsection shall not apply to: excavation permit applications when the excavation is required to provide new services to buildings or residences constructed subsequent to the completion or complete resurfacing of the right-of-way that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved as determined by the public works director.
B. In the event that the public works director denies an application, the applicant’s remedy shall be to appeal to the city council. The applicant shall file a written notice of appeal with the city clerk within fifteen (15) days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the public works director. At the next regular city council meeting following receipt by the city clerk of the applicant’s appeal, the city council shall conduct a hearing on the applicant’s appeal, or within forty-five (45) days of appeal. A majority vote of the city council shall be required to reverse the decision of the public works director.
(Ord. 509 § 5, 1992)
12.08.060 Excavation performance.
All excavation work performed on public rights-of-way shall be completed within the time period established by the public works director at the date of the issuance of the excavation permit. The time period for completion, established by the public works director shall not exceed thirty (30) days without written approval of the majority of the city council members. The applicant shall restore the sidewalks, streets, and curbs affected by the excavation work to the conditions existing prior to the commencement of the excavation and to the approval of the public works director. The performance of the work and the time periods stated herein shall also apply to the public works department of the city. (Ord. 509 § 6, 1992)
12.08.070 Failure to perform excavation—Remedy.
In the event the applicant fails to restore the public right-of-way to the condition existing prior to the commencement of excavation as determined by the public works director, the public works director shall provide written notice to the applicant to perform the work prior to the expiration of five days after receipt of the written notice. After the five-day notice period has expired, the public works director may cause the necessary work to be performed to restore the public right-of-way surface to the condition existing prior to commencement of the excavation and notify the city clerk to seek reimbursement of the expense of the repairs from the security bond posted by the applicant in cases where no bond has been posted to commence collection of the expense of the repairs from the applicant. The remedies provided in this section are not exclusive and the city retains the right to enforce the provisions of this chapter by commencing legal or equitable action against the applicant. (Ord. 509 § 7, 1992)
12.08.080 Violation—Penalty.
A. Any individual who shall violate any of the provisions of this chapter or who shall violate or fail to comply with any order made hereunder shall be guilty of a misdemeanor, punishable by a fine of not more than, five hundred dollars ($500.00). Each day an individual is in violation of the provisions of this chapter shall constitute a separate misdemeanor punishable as such.
B. The application of the penalties set forth in subsection A of this section shall not prevent the city from enforcing the provisions of this chapter pursuant to the provisions of Section 12.08.070.
C. When public works is in violation of this chapter it shall be the duty of the city council to comply with this chapter by order to public works to commence said work immediately, or to have such violations repaired by an independent contractor.
(Ord. 509 § 8, 1992)