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64 ORDINANCE NO. 64 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RELATING TO EXCAVATIONS IN CITY STREETS AND PUBLIC PLACES. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Short Title - This Ordinance shall be known and may be cited as the "Street—Excavat o Ordinance." Section 2. Definitions - For the purposes of this Ordinance, the following terms shall have the meanings designated unless it is clear from the context that a different meaning is intended: A. "Applicant" means any person making written application to the City Engineer for an excavation permit hereunder; B. "City Engineer" means the City Engineer of the City; C. "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 openings without injury or damage to the public place; D." 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 a public place; E. "Permittee" means any person who has been granted and has in full force and effect an excavation permit issued hereunder; F. "Person" means any person, firm, partnership, association, corporation, company, political body, or organization of any kind; G. "Public Place" means any public street, way, place, alley, sidewalk, park, square, or any other public property owned or controlled by any governmental agency in a governmental capacity; H. "Street" means any street, highway, sidewalk, alley, avenue, or other public way or public ground in the City; I. "Substructure" means any pipe conduit, duct, tunnel , manhole, vault, buried cable, or wire or any other facility located below the surface of any public place. J. "Public Service Companies" means all companies operating utilities in the City either under regulation of the State Public Utilities Commission or authorized by the State to operate said public utility and having the right, either by general or special permission, to enter upon streets and open and excavate pavements, sidewalks, or disturb the surface thereon by excavation or other work. Section 3. Excavation Permit - No person shall dig up, break, excavate, tunnel , undermine, or in any manner break up any street or public place or make or cause to be made any excavation in or under the surface of any public place for any purpose, or deposit, place, or leave upon any public place any earth or other excavated material obstructing or tending to interfere with the free use of the public place, or fill any excavation in any public place, unless such person shall first have obtained an excavation permit therefor from the City Engineer. Section 4. Application - No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, and other data as may reasonably be required by the City Engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the location of the excavation work, and such other information as may be prescribed by the City Engineer. Section 5. Excavation Permit Fees - A permit fee shall be charged by the City Engineer for the issuance of an excavation permit. Such fee shall be in accordance with the fee schedule established by the City Council and adopted by resolution. Section 6. Inspection Deposits and Costs - All excavations shall be subject to inspection by the City Engineer. Actual costs of such inspections, computed at current permit and inspection rates, shall be paid by the permittee. Before a permit is issued for excavations, the permittee shall deposit with the City an amount computed based on the rates stated in the resolution setting fee schedule. Public services companies shall be billed for inspection costs on monthly basis. Section 7. Excavation Placard - The permittee shall provide suitable signs denoting the fact that the excavation in the public street is being accomplished by that particular company and/or contractor. Section 8. Cash Deposits - Before an excavation permit as herein provided is issued, the app scan shall deposit with the City Finance Department a cash deposit in the amount to be determined by the City Engineer to secure proper repairs of street cut. Public Service Companies shall be exempt from such deposits. A. Each permittee, prior to receiving a permit pursuant to this Ordinance, shall deposit a minimum of $500.00 with the City Finance Department. This amount is to secure emergency street repairs required as a result of permittee's street cuts. This amount shall be placed by the Finance Director into a special account. Said deposit shall be utilized by the City to make any emergency street repairs required which repairs cannot be done by the permittee. The amount of deposit above the $500.00 minimum shall be - 2 - computed in accordance with the fees schedule set by resolution. Such deposit shall be refunded to the permittee upon request 24 months after completion and acceptance of project. B. Conditioned upon the permittee's compliance with the Ordinance, and further conditioned to fill up, restore, and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the City Engineer, all openings, and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such deposit. An acceptable bond or letter of credit may be given under this provision which shall remain in force for two years conditioned as above in the amount specified and in other respects as specified but applicable as to all excavation work in streets by the principal making such deposit during the term of two years from said date. C. Cash Deposits Over $500.00 for Other Street Cuts - An application for an excavation permit to perform excavation work under this Ordinance shall be accompanied by a cash deposit, payable to the City of Grand Terrace, in accordance with a schedule of fees set by resolution. No deposit shall be less than $500.00. Any person intending to make openings, cut, or excavations in streets or public places may make and maintain with the City Finance Director a general annual deposit in the sum of not less than $500.00, and the person so depositing shall not be required to make the special deposits provided in this Section, but shall , however, be required to comply with all other applicable provisions of this Ordinance. Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Such cash deposit, except in the case of an annual deposit, shall be refunded by the City to the permittee upon the expiration of such 24-month period and upon request of permittee; provided that the City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street or public place as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the City. The decisions of the City Engineer as to the cost of the work done or repairs made by him under the provisions of this Ordinance shall be final and conclusive as to cost. Section 9. Routing of Traffic - The permittee shall take appropriate measures to assure t a uring the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him, - 3 - if in his opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the City Engineer. When any street is to be closed or restricted to traffic, the permittee shall comply with the "Rules and Regulations Relating to Street Excavation," as established by the City Engineer. Section 10. Clearance for Vital Structures - The excavation work shall be performed and conducted so as not to interfere with access to fire stations, fire hydrants, fire escapes, watergates, underground vaults, valve housing structures, and all other vital equipment as designated by the City Engineer. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. Section 11. Protection of Traffic - The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across all streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections, subject to the approval of the City Engineer. Section 12. Removal and Protection of Utilities - The permittee shall not interfere with any existing utilities without a written consent of the City Engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect (by timbers or otherwise) substructure 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 said work. In case any of said substructure apparatus should be damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other substructure, and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all substructures and protect the same against damage. Section 13. Abandonment of Substructures - Whenever the use of a substructure is abandoned, except the a an onment of a service line designed to serve a single property owner, the person owning, using, controlling, or having an interest therein shall , within 30 days after such abandonment, file with the City Engineer a statement in writing giving in detail the location of the substructure so abandoned. When the City determines that the abandoned substructure is an obstruction or is otherwise detrimental to a governmental function, and no other alternatives are available, 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. - 4 - Section 14. Sidewalk Excavations - Excavations made in or under a sidewalk shall be subject o compliance with the "Rules and Regulations relating to Street Excavations," as established by the City Engineer. Section 15. Protective Measures - Permittee shall place and maintain barriers and warning devices and toe other steps required for the protection of the public, as required and/or established by the City Engineer. Section 16. Attractive Nuisance - No permittee shall suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health. Section 17. Care of Excavated Material - Trench and tunnel excavation and constructions, including care of excava a material , shall be done in compliance with the requirements as established by the City Engineer. Section 18. Damage to Existing Improvements - All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the City Engineer shall have the authority to cause said necessary labor and materials to be furnished by the City, and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its cash deposit therefor. Section 19. Property Lines and Easements - Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits. Section 20. Clean Up - As the excavation work progresses, all streets, public places, and private properties shall be maintained free of all rubbish, excess earth, rock, and other debris resulting from such work. All clean-up 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 the completion of said work, the permittee shall , at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work and, upon failure to do so within 24 hours after having been notified to do so by the City Engineer, said 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. Section 21. Protection of Water Courses - Permittee shall provide for the flow of water courses, sewers, and drains and provide for incidental matters as established by the City Engineer. Section 22. Breaking Through Pavement - Permittee shall comply with the requirements as -e—s—tMished by the City Engineer in regard to breaking through any pavement or sidewalks. - 5 - Section 23. Depth of Structures - Permittee shall comply with the requirements as established by the City Engineer in regard to the installation of any substructures. Section 24. Tunnels - Tunnels under pavement shall not be permitted except by permission—o—f—tTFe City Engineer and, if permitted, shall be adequately supported by timbering and back-filling under the direction of the City Engineer. Section 25. Back-Filling and Use of Fire Hydrants - Permittee shall comply with the requirements as established by the i y ngineer in regard to the restoration of the surface of any excavation or the surrounding area. The use of fire hydrants as source of water supply shall be subject to conditions set forth by Riverside Highland Water Company and any required payment by permittee for said use. Acceptance or approval of any excavation work by the City Engineer shall not prevent the City from asserting a claim against the permittee and his or its surety, under the cash deposit required hereunder, for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. Section 26. City's Right to Restore Surface - If the permittee shall have failed to restore a surface of the stree or public place to its original and proper condition, upon expiration of the time fixed by such permit, or shall otherwise have failed to complete the excavation work covered by such permit, the City Engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street or public place and to complete the excavation work. The permittee shall be liable for the actual cost and an additional 25% of such cost for general overhead and administrative expenses. The City shall have a cause of action for all such cost and 25% override and for all fees, expenses, and amounts paid out and due it for such work, and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided, and the City shall also enforce its rights under the permittee's cash deposit provided pursuant to this Ordinance. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation work two years after restoring it to its original condition. Section 27. Trenches in Pipe Laying - Permittee shall comply with the OSHA Rules and Regulations as established by the City Engineer in regard to the excavation, construction, and maintenance of any trenches for the laying of pipe. Section 28. Prompt Completion of Work - The permittee shall prosecute with diligence and expedition, o e sa is action of the City Enginer, all excavation work covered by the excavation permit, and shall promptly complete such work and restore the street or public place to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the excavation permit therefor. - 6 - Section 29. Urgent Work - If, in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest require 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 to expeditiously complete such work as soon as possible. Section 30. Emergency Action - Nothing in this Ordinance shall be construed to prevent tie making of such excavations as may be necessary for the preservation of life or property or for making urgent repairs, provided that the person responsible for such excavation shall apply to the City Engineer for such a permit on the first working day after such work is commenced, and that person shall comply with all other provisions of this Ordinance. Section 31. Noise, Dust, and Debris - Each permittee shall conduct and carry out the excavation work in such a 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 practical , in the performance of the excavation work, noise, dust, and unsightly debris and, during the hours of 8:00 p.m. and 7:00 a.m. , shall not use, except with the expressed written permission of the City Engineer or, in case of an emergency as herein otherwise provided, any tool , appliance, or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Section 32. Excavations in New Street Improvements - The following provisions are intended o prevent unnecessary interference with new pavement during the period immediately following its construction or resurfacing: A. The City Engineer shall attempt to give notice to all owners of substructures located within the City streets who might be affected approximately six months prior to the probable date of construction of any new paving or repaving of any street in the City. The failure to give such notice shall not affect the further provisions of this Section; B. The City Engineer shall give a further notice approximately four months prior to the expected date of commencement of construction of any paving or repaving of City streets to all owners of substructures located within the City streets who might be affected; C. No excavation shall be made in any City street within six months following the date of completion and acceptance of any work of paving or repaving of City streets except for emergency repairs or service unless the person proposing to make such excavation shall agree to pay for the resurfacing of the entire street section with an aspaltic concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street. Section 33. Preservation of Monuments - Any monument set for the purpose of locating or preserving the Ines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench - 7 - mark 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 bench marks 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 a registered professional engineer or a registered land surveyor. Section 34. Inspection. - The City Engineer shall make such inspections as are necessary in the enforcement of this Ordinance. 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 Ordinance. Section 35. Provisions Not Applicable to City Work - The provisions of this Ordinance shall not be applicable to any excavation work performed under the direction of City authorities by employees of the City. The provisions of this Ordinance shall apply to any contractor performing work for the City except to the extent exempted by the City Engineer or where a particular provision is inconsistent with a specific provision of the contract under which such work is to be performed. Section 36. Public Service Companies - All persons operating public utilities in the City either under regu ation of the State Public Utilities Commission or authorized by the State to operate said public utility, and having the right, either by general or special permission to enter upon streets and open and excavate pavements, sidewalks, or disturb the surface thereon by excavation or other work, shall be required to apply for a permit for all work in the public right-of-way. A blanket permit for excavation may be issued for periods up to one year, but excavations in excess of 2' x 4' shall not be made without prior approval of plans by the City Engineer. Section 37. Insurance - A permittee, prior to the commencement of excavation work hereunder, shall furnish the City Engineer satisfactory evidence, in writing, that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit, public liability insurance for the protection of the City and the permittee against claims for injury or death to any person or persons or damage to any property arising out of the performance of such excavation work. Such policy shall provide coverage of not less than $500,000 for the injury or death of one person, and $1,000,000 for the injury or death of two or more persons in the same accident or occurrence, and up to $100,000 for damage to or destruction of property. Such policy shall guarantee payment of any final judgment rendered against the permittee or the City within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such permittee. Such policy shall specifically name the City as an additional insured and shall further provide that the insurance coverage thereby afforded shall not be terminated or cancelled except upon 30 days' written notice to the City. Public service companies are exempt from this requirement. - 8 - Section 38. Liability of City - This Ordinance shall not be construed as imposing upon the City or i-ny--o-ffiTcial 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 hereunder; nor shall the City or any official or any employee thereof be deemed to have assumed any such liability or responsibility, by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work. Section 39. Enforcement - The City Engineer shall have the authority to promulgate and cause to be enforced such Rules and Regulations as are reasonably required to provide for the matters governed by this Ordinance and to supplement the same and to provide for the enforcement of this Ordinance. Violation of said Rules and Regulations shall constitute a violation of this Ordinance. Section 40. Penalties - Any person violating any of the provisions of this Ordinance shall be d emed guilty of a misdemeanor. Section 41. Effective - This Ordinance shall be in full force and effect at 12.01 a.m. on t- a Tlst daffy after its adoption. Section 42. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . Section 43. First read at a Regular meeting of the City Council of said City held on the 14th day of October 1982, and finally adopted and ordered posted at a Regular meeting of said City Council on the 28th day of October , 1982• ATTEST: City of the'City of Fandmayor o i y ran errace Terrac and of the City Council and of the CfV Cou cil thereof. thereof. Approved as to form: City Attorney - 9 - L STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 28th daffy of October, 1982, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen; NOES: Mayor Grant ABSENT: None. ,ty er o the City o ran rrace and of tM City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 64 of said City, and that the same has not been amended or repealed. DATED: October 28, 1982. City er o the-City of Grandrace and of tft City Council thereof.