For the purposes of this chapter, the following words or phrases shall have the meanings ascribed to them, unless otherwise noted:

"Agent" means a person authorized to act on behalf of a permittee or other person or entity responsible for an encroachment or excavation.

"Backfill" means the placement of new dirt, fill or other material to refill an excavation; or the return of excavated dirt, fill or other materials to an excavation.

"Cable" means any wire, copper, coax, or fiber used to house the same, for utility service purposes.

"Division" means the division of public works.

"Emergency" means circumstances requiring immediate action in order to preserve life, property or public welfare.

"Encroachment" means any facility, tower, pole, pole line, pipe, pipeline, driveway, private road, fence, sign, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the public right-of-way.

"Essential utility service" means a utility service that is necessary for the health, welfare and safety of the public.

"Excavation" means any work or operation in which earth, sand, gravel, rock or other material in the surface or subsurface of the public right-of-way, including, but not limited to opening the public right-of-way that is moved by using tools for grading, backfilling, trenching, digging, ditching, scraping, cable or pipe plowing, drawing, brushing, installing, servicing, repairing or modifying any facility in, along or under the surface or subsurface of the public right-of-way, and restoring of the same.

"Excavation influence area" means the mandatory minimum area for resurfacing an excavation as determined by the director of public works.

"Facility" means any tower, pole, pole line, driveway, private road, fence, sign, billboard, stand or building, cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, slice boxes, mailboxes, surface location markers, tunnels, utilities, vaults, other appurtenances or tangible things, or any structure or object of any kind or character not particularly mentioned herein, owned, leased, operated, or licensed by a permittee or other person or entity, that are located or are proposed to be located in the public right-of-way.

"Franchise" means the separate contract by which the city grants the right to operate within all, or part, of the public right-of-way within the city pursuant to the Glendale City Charter and the Glendale Municipal Code.

"Hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local government to pose a present or potential hazard to human health, safety, property or to the environment.

"Life of the street" means the design life of a street as restored prior to being disturbed by a subsequent excavation.

"Moratorium street" means any street that has been reconstructed, repaved, or resurfaced in the preceding three (3) year period or any street that has been slurried in the preceding one (1) year period.

"Overhead facility" means utility poles, utility facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

"Permittee" means any person, persons or entity, including the city, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way, or propose to conduct an excavation in, along or under the surface or subsurface of the public right-of-way.

"Person" means any individual, corporation, estate, trust, partnership, association of two (2) or more persons having a joint common interest, or joint stock company.

"Public right-of-way" or "PROW" means any public highway, street, alley, sidewalk, parkway, and all extensions or additions thereto which is either owned, operated, or controlled by the city, or is subject to an easement or dedication to the city, or is a privately owned area within city's jurisdiction which is not yet, but is designated as a proposed public right-of-way on a tentative subdivision map approved by city.

"Public utility" means and includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, or any other corporation conducting telecommunication services, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof, including their respective agents, contractors, subcontractors, employees or representatives.

"PUC" means the California Public Utilities Commission.

"Reconstruct" means the complete removal and replacement of the existing pavement.

"Release" when used with respect to hazardous materials means any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring or spilling.

"Repave" means to recover an existing paved surface with a flat uniform hard material to make it a firm or suitable surface for traveling or walking.

"Restoration" means the process by which an excavated right-of-way and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to an acceptable conditions given the applicable guidelines and standards.

"Resurface" means the grinding of a portion of the upper layers of existing asphalt pavement and overlay with new asphalt. The term "resurface" does not include a slurry overlay.

"Slurry" or "slurry overlay" means the placement of a seal coating onto existing public right-of-way surfaces with the type of materials specified in Sections 203-5 and 302-4 of the Greenbook (2003), and as subsequently amended.

"Telecommunication" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the content of the information as sent and received.

"Utility facility" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires or wireless, located, in whole or in part, under, in, on or above the surface of the ground within the public right-of-way and used or to be used for the purpose of providing utility services. (Ord. 5447 § 1, 2005)

A. No person shall erect, construct or maintain any building, wall, fence, structure or facility, in, on, under, over or above any public right-of-way or any other public property, except as follows:

1. Street structures, including pavements, curbs, gutters, storm drains, catchbasins, sanitary sewers, sidewalks and driveway approach aprons, including such walls as are necessary to support driveway approaches, may be constructed in a street pursuant to a public improvement permit requiring deposit issued by the director of public works;

2. Ornamental entrance structures authorized pursuant to Section 12.08.020 of this chapter.

B. The zoning administrator shall have the power to grant additional exceptions, other than those enumerated above, to this section under the procedure prescribed in Title 30, for filing, hearing and acting upon applications for variances, including time limits and payment of fees. (Ord. 5447 § 2, 2005: Ord. 5425 § 10, 2004: Ord. 4961 § 3, 1991: prior code § 26-36)

A. For the purposes of this section, "ornamental entrance structure" means and includes ornamental pilasters, columns, walls, planters, pedestals, statuary and neighborhood identification signs, but does not include "For Sale" signs.

B. The zoning administrator shall have the power to grant permits to construct and maintain, within the public right-of-way, permanent ornamental entrance structures located at the principal street entrance or entrances to a well-defined community or neighborhood of at least twenty-five (25) acres in area if the administrator finds:

1. That the ornamental entrance structure will be located on a street having a width of at least sixty (60) feet;

2. That the proposed ornamental entrance structure is designed and will be located so as not to be a hazard to persons or property;

3. That the architectural design and general appearance of the proposed ornamental entrance structure is in keeping with the character of the neighborhood and is such as not to be detrimental to the public health, safety and general welfare of the community or neighborhood in which located.

C. Any permit granted by the zoning administrator shall be subject to the following conditions:

1. The permit shall be revocable by the council at any time without notice.

2. If not maintained in good condition by the applicant or the neighborhood or community, the ornamental entrance structure may be removed upon order of the council.

3. The property owner or owners in front of whose property the ornamental entrance structure is to be located must file his, her or their written consent with the zoning administrator.

4. A permit shall be obtained from the director of public works for the construction of such ornamental entrance structure in the same manner and subject to the same requirements as prescribed for improvements requiring deposits in Chapter 12.16 of this title.

5. Such further conditions as the zoning administrator may deem necessary to protect the best interests of the city and the surrounding property.

D. The procedure prescribed in Title 30, for filing, hearing and acting upon applications for variances, including the payment of fees, shall apply to permits authorized by this section. (Ord. 5447 § 3, 2005: Ord. 5425 § 11, 2004: Ord. 4961 § 4, 1991: prior code § 26-37)

A. Except as provided in Section 12.08.010 of this chapter, any person desiring to erect, construct or maintain any building, wall, fence, structure or facility, in, on, under, over or above any public property or public right-of-way must first obtain an encroachment permit therefor. An encroachment permit may be obtained by filing a written application with the director of public works on a form supplied through his or her office. The requirements for these permits as enumerated in this chapter are in addition to any other applicable local, state or federal laws, rules and regulations. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one (1) sheet plot plan illustrating the proposed facility and a written justification as to the need for the encroachment.

B. Each applicant for an encroachment permit shall, at the time of filing the application, pay a nonrefundable permit fee according to a fee schedule on file in the office of the director of public works.

C. After investigation, if the director of public works determines that a proposed encroachment will not be detrimental to the health, safety or welfare of the community or the surrounding property, the director of public works may issue the permit. If after investigation, the director of public works determines that the health, safety or welfare of the community will be adversely affected by the proposed encroachment, the director of public works may deny the permit or may issue the permit and attach such reasonable conditions thereto as would eliminate such adverse effects.

D. Notwithstanding subsections A through C of this section, the director of public service shall perform all the duties and functions of the director of public works as concerns any and all encroachments placed in, upon, under or over any portion of any easement dedicated to the city for electrical or water purposes, and not in conflict with easements dedicated to the city for other purposes, in a manner and at a fee as set forth in this section. (Ord. 5447 § 4, 2005: prior code § 26-37.1)

Any person desiring to erect, construct, place or maintain a mailbox encroachment within the public right-of-way, must comply and adhere to the standards and guidelines set forth in the American Association of State Highway and Transportation Official's publications for location and installation of mailboxes, as modified by the city and kept on file with the director of public works.

All nonconforming mailbox structures in existence prior to June 1, 2005, must obtain an encroachment permit as provided in Section 12.08.030 of this chapter. (Ord. 5447 § 5, 2005)

A. Any person desiring to erect, construct, place or maintain an encroachment upon any city sidewalk in the city for outdoor sidewalk dining facilities, must first obtain an annual encroachment permit therefor. Each applicant for an annual encroachment permit permitting outdoor sidewalk dining facilities shall comply with the requirements of Section 12.08.030, in addition to the requirements of this section.

B. Notwithstanding Section 12.08.030(B) of this chapter, each applicant for an annual encroachment permit under this section shall pay a nonrefundable permit fee of fifty dollars ($50.00); each holder of an annual encroachment permit under this section shall be required to submit a renewal application along with a nonrefundable renewal fee of fifty dollars ($50.00) each year to obtain a new annual encroachment permit.

C. All outdoor sidewalk dining facilities shall maintain a minimum sidewalk clearance of four (4) feet between any such outdoor dining facility and any sidewalk obstruction which shall include, but not be limited to, streetlight poles, trees, signposts, registered newsracks, utility poles and temporary farmer's market booths, except on Brand Boulevard and Honolulu Avenue, where sidewalk dining facilities shall maintain a minimum sidewalk clearance of five (5) feet.

D. All annual encroachment permits issued under this section shall be limited to outdoor sidewalk dining facilities established in conjunction with food establishments, except portable lunch rooms or lunch counters, public boarding houses, beer parlors or cocktail lounges.

E. All outdoor dining facilities such as chairs, tables, fences, planters and such related furnishings and equipment, shall be placed only in the outdoor sidewalk dining area, and such items of furniture or equipment shall not exceed thirty-six (36) inches in height. Any umbrella used in conjunction with the aforementioned chairs, tables, fences, planters and such related furnishings and equipment, may exceed thirty-six (36) inches in height so long as such umbrella does not encroach upon the air space required in the four (4) foot sidewalk clearance area, or five (5) foot sidewalk clearance area on Brand Boulevard and Honolulu Avenue, referred to in subsection C of this section.

F. No item of furnishings, including umbrellas, chairs, tables, fences, planters and related furnishings and equipment, shall be attached to the sidewalk or sidewalk surface, nor shall same cause damage to the sidewalk in any manner.

G. All outdoor sidewalk dining furniture or equipment of whatever kind shall be allowed to be, and remain, on the sidewalk only between the hours of six a.m. (6:00 A.M.) and two a.m. (2:00 A.M.). All such furniture or equipment must be removed and the sidewalks remained cleared of all obstructions during the hours of two a.m. (2:00 A.M.) and six a.m. (6:00 A.M.).

H. There is no minimum or maximum number of tables or chairs which are permitted pursuant to this section; however, the decision of the director of public works with regard to the total number of tables, chairs or other items of furniture or equipment which may be permitted under the annual encroachment permit granted hereunder, shall be final.

I. The maximum total number of tables, chairs or other items of furniture or equipment granted under any encroachment permit shall be consistent with health and safety requirements as set forth in this code.

J. As a condition of the issuance of an annual encroachment permit, such permit holder shall indemnify and hold harmless the city and shall present, along with each application for an encroachment permit, evidence of liability insurance which shall be in a sum of no less than one million dollars ($1,000,000.00) combined single limit coverage, on an occurrence policy basis with no self insured retention. Such policy shall name the city of Glendale, the Glendale Redevelopment Agency and their officers and employees as additional insured, and shall be a policy issued by an insurance carrier authorized to do business in California.

K. No live entertainment or music, shall be permitted at any outdoor sidewalk dining facility established by an annual encroachment permit.

L. Alcoholic beverages may be served in an outdoor sidewalk dining area of a full service restaurant as defined by Chapter 30.70 of this code, for which an encroachment permit has been issued pursuant to this section, provided that the business operating the outdoor sidewalk dining area has obtained and maintains either a Type 41 (on-sale beer and wine eating establishment), or a Type 47 (on-sale general eating establishment) alcoholic beverage license pursuant to Division 9, Section 23000 of the California Business and Professions Code.

1. Alcohol beverage service in approved outdoor sidewalk dining areas shall be permitted only within specifically designated areas conspicuously posted with a sign stating, "Alcoholic Beverage Consumption Is Permitted Only Within Designated Outdoor Sidewalk Dining Areas. G.M.C. Section 9.20.140."

2. Permits for sidewalk dining areas with alcoholic beverage service are valid from the date of issuance and are to be renewed annually from the date of issuance pursuant to Sections 12.08.030 and 12.08.035(B). Permits for sidewalk dining areas with alcoholic beverage service are nontransferable, and shall be prominently displayed at the business location for which the permit was issued.

3. The perimeter of outdoor sidewalk dining areas approved for alcoholic beverage service shall be defined by removable physical barriers as defined in this section, and subject to the review and approval by the director of public works pursuant to Section 12.08.030 of this chapter. The perimeter of any outdoor sidewalk dining area approved for alcoholic beverage service shall be designed to prevent the unrestricted flow of persons to and from the outdoor dining area other than through the approved point of access.

4. Outdoor sidewalk dining areas approved for alcoholic beverage service shall not be posted in any manner with any sign, placard or freestanding card of any size or type that promotes service of alcoholic beverages in the outdoor dining area. A nonfreestanding, closable, bookstyle beverage menu may be permitted at tables in conjunction with a food menu.

5. Service of alcoholic beverages in outdoor sidewalk dining areas shall only be made in conjunction with the sale of food to the person ordering the alcoholic beverage. Alcoholic beverages shall be served in their original container or in nondisposable glassware.

6. Service and consumption of alcoholic beverages in outdoor sidewalk dining areas shall comply with all applicable regulations set forth by the Department of Alcoholic Beverage Control, the Glendale Municipal Code, and with any other applicable conditions imposed to protect public rights-of-way, adjoining properties and public health, safety and welfare, up to and including restrictions on occupancy and maximum seating imposed by the director of public works pursuant to Section 12.08.035(H) and (I).

7. Any permit for outdoor sidewalk dining with beverage service granted under this subsection may be suspended or revoked by the director of public works when any condition of approval has been violated or where it appears that the business for which such permit was granted is being conducted in violation of any statute of the state or ordinance of the city.

M. No parking requirement or sewer facility fee shall be assessed as a condition of the issuance of an annual encroachment permit pursuant to this section. (Ord. 5425 § 12, 2004: Ord. 5357 § 1, 2003: Ord. 5213 § 1, 1998: Ord. 5077 § 1, 1994: prior code § 26-37.2)

A. No person shall make, cause or permit to be made, any excavation or construction, in, along or under the surface of any public right-of-way for the installation, repair or removal of any facility or for any other purpose without first obtaining from the director of public works a written permit to make such excavations or construction. All requirements for obtaining a permit pursuant to this chapter are in addition to any other applicable local, state, or federal law and regulation.

B. Unless otherwise determined by the director of public works, no excavation permit shall be issued until the applicant has deposited all applicable fees and submitted a complete application to the director of public works containing true and correct information, including but not be limited to, the following information:

1. The name and residence or business address of the person(s) or entity making such application, the estimated duration of the excavation and restoration work in the public right-of-way, a detailed statement of the location and area of each proposed excavation and the purpose for which the excavation is to be made and used;

2. Engineering plans, specifications and a network map of the facility or facilities to be located in the public right-of-way, including a site map in an electronic format or other form acceptable to the director of public works;

3. System location data which details and documents all of the geographic locations of any public utility facility or facilities located in the public right-of-way;

4. A plat, in duplicate, showing the location of each proposed excavation, the dimensions thereof and such other details as the director of public works may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for the location of trouble or leaks in conduits or pipes or for the making of repairs thereto, or when the purpose for making the excavation is the installation of a service connection or the inspection or repair of an existing installation provided such excavations are located in strict conformance with the locations sufficiently described in the application.

When the presentation of a plat is not required for the reasons stipulated above, prior to notification by underground service alert to utilities to field mark the location of their respective underground facilities, the applicant shall premark the excavation location at the site in accordance with state law. Failure to premark the location prior to utility response, due to notification by underground service alert, will result in a seventy-five-dollar ($75.00) service fee being added to the cost of all the other fees, charges and deposits applicable for processing and issuing the excavation permit;

5. The type and location of all existing and proposed overhead facility or facilities and underground public utility facility or facilities in the public right-of-way along the proposed route. The director of public works may require photographs or artist's renderings of all aboveground visible equipment, a detailed description of the equipment within the aboveground installation including any electronic components, natural gas generators, electrical fans, anticipated noise levels during winter and summer months, emergency backup operations, and the proposed maintenance schedule for such aboveground facilities;

6. The specific tree, structure, improvement, facility and obstruction, if any, the applicant proposes to temporarily or permanently remove or relocate;

7. When required by the director of public works, a copy of a duly authorized franchise; easement deed; license; right of entry; PUC certificate of public convenience and necessity; documentation of environmental approval pursuant to the California Environmental Quality Act (California Public Resources Code, Sections 21000, et seq.), including but not limited to, a negative declaration or mitigated negative declaration issued by an appropriate state or local agency; or other legal instrument that authorizes the applicant or owner to use or occupy the public right-of-way for the purpose described in the application. Where the applicant is not the owner of the facility or facilities to be installed, maintained, or repaired, the applicant must demonstrate in a form and manner specified by the director of public works that the applicant is authorized to act on behalf of the owner and show legal authority to occupy and use for the purpose mentioned in the application, the public right-of-way wherein the excavation is intended;

8. Such bonds or cash deposit as shall be required in amounts and under terms as specified by the city attorney or risk manager as set forth in Section 12.08.050 of this chapter;

9. Such proof of insurance as shall be required in amounts and under terms as specified by the city attorney or risk manager as set forth in Section 12.08.055 of this chapter;

10. When required by the city engineer, a statement of the proposed backfill material and backfilling method to be used; and

11. When required by the city engineer, a written acknowledgment that all material to be used in the excavation, installation, maintenance, or repair of facilities, and restoration of the public right-of-way will be accessible and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.

C. If the excavation or construction is not commenced within sixty (60) days from the date of issuance of such permit, the permit shall expire unless, at or prior to the time of expiration, the time period for commencing the excavation or construction is extended by the director of public works in his or her sole discretion.

Any extension granted by the director of public works may be subject to additional fees and requirements. (Ord. 5447 § 6, 2005: Ord. 5394 § 7, 2004: prior code § 26-38)

The amount or rate of any encroachment or excavation permit or other fee referenced in this chapter shall be established or modified by resolution of the council. The schedule for such fees shall remain on file and available in the office of the director of public works. The director of public works shall, with the approval of the city manager, recommend revisions to the council when change in the cost to provide permit services makes revision appropriate.

A. Application Fee. Each applicant shall pay a nonrefundable application fee for an excavation or encroachment permit.

B. Extension Application Fee. Each applicant shall pay a nonrefundable fee for the cost of processing an extension application. If the director of public works grants a permit extension, the applicant may pay an additional fee to cover the cost of additional review and administration.

C. Penalty Fee. Except in case of an emergency excavation pursuant to Section 12.08.080 of this chapter, the fee for an excavation application after the excavation has been commenced shall be three (3) times the established application fee.

D. Whenever a permit is issued to a city department, the appropriate account of the department receiving such permit shall be charged in accordance with the schedule established in this chapter.

E. In a case the administration of this chapter, such as any inspection, review, processing and other directly related costs, exceed the application fee or are unusually costly to the division, the director of public works will invoice the applicant for any excess amounts incurred on a time and materials basis. These additional charges may be deducted from the cash deposit submitted pursuant to Section 12.08.050 of this chapter. (Ord. 5447 § 7, 2005)

A. An excavation application must be accompanied by a cash deposit which shall be the quantity of work proposed multiplied by the unit prices pursuant to a schedule to be compiled by the director of public works and established or modified by resolution of the council.

B. Unless determined by statute, franchise, contract or otherwise, each permittee shall obtain, pay for, and maintain, in full force and effect throughout the term of the permit, a faithful performance bond, a maintenance bond, cash bond, or such other security in an amount determined and deemed appropriate by the city attorney or risk manager to secure the obligations of the permittee and its representatives, agents, and employees under this chapter. (Ord. 5447 § 8, 2005: prior code § 26-40)

A. Liability Upon Permittee. Each permittee is wholly responsible for the encroachment or the quality of the excavation performed in the public right-of-way and both the permittee and its agents are jointly and severally liable for all consequences of any condition arising out of such excavation, construction, encroachment or facility installed in the public right-of-way. The issuance of any encroachment or excavation permit, or the inspection, repair, approval, or acquiescence of any person affiliated with the city shall not excuse any excavator from such responsibility or liability.

B. Indemnification. As a condition of issuance of an encroachment or excavation permit, the permittee shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the city and its officers, agents, employees and representatives, from and against any and all liability, suits, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or are connected with, or which are alleged to have arisen out of or to have been connected with, the permittee's use, operation, and activity under its permit (including performance by its agents, employees, subcontractors or by anyone permittee directly or indirectly employs, or by anyone whose acts any of them may be liable). Such indemnification includes without limitation any actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape, of any hazardous material or pollutant caused or allowed by permittee in, on, under, or about the excavation, construction, or encroachment site subject to the permit.

C. Insurance.

1. Each permittee shall obtain, pay for, and maintain, in full force and effect throughout the term of the permit, an insurance policy or policies that fully protects the city from claims and suits for bodily injury and property damage. The insurance must be issued by an insurance company satisfactory to the city attorney or risk manager, and must be in the amount or amounts which the city attorney or risk manager determines. The insurance must afford coverage for the permittee's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as follows:

a. Workers' compensation;

b. Commercial general liability insurance with separate per occurrence limits for bodily injury and property damage, and including coverage for contractual liability; personal injury; explosion, collapse and underground; products; and completed operations;

c. Business automobile liability insurance with separate per occurrence limits for bodily injury and property damage, including rented, leased, hired, scheduled, owned, and nonowned auto coverage, as applicable, or in a combined single limit in an amount determined by the city attorney or risk manager;

d. Contractors' pollution liability insurance with limits applied per occurrence for bodily injury and property damage and any deductible not to exceed an amount as determined by the risk manager or city attorney.

2. The policy or policies must:

a. Include a signed endorsement naming the city and its officers, agents, employees and representatives, and employees as additional insureds;

b. Provide that the permittee's insurance is primary;

c. State that no other insurance available to the city will be called on to contribute to a loss covered under the policy;

d. Provide the permittee's insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought; and

e. Provide at least thirty (30) days advance written notice of cancellation (other than for nonpayment of premium), termination or reduction of coverage.

3. The policy or policies must afford full coverage for a claim or a suit which occurred or arose, or is alleged to have occurred or have arisen, in whole or in part, out of an act, error, omission, injury, or damage by the permittee.

4. The insurance under this chapter in no way relieves or decreases the permittee's or its agent's obligation to indemnify and defend the city under this chapter.

5. Before issuance of a permit, the permittee shall furnish the city, or have a file with the city engineer, certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing all of the coverages above. Upon the city's request, a permittee shall promptly furnish a complete copy of the policy or policies, including the declaration pages and endorsements.

6. Where a permittee is self-insured, the permittee meets the requirements of subsection C of this section if, in the opinion of the city attorney or risk manager, such self-insurance is no less broad in coverage and in amounts and affords no less protection to the city as required by this section. (Ord. 5447 § 9, 2005)

All permits granted or issued pursuant to this chapter shall be nontransferable. (Ord. 5447 § 10, 2005: prior code § 26-41)

Every permit for an encroachment or excavation in, along, or under the surface of any public right-of-way shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of the public right-of-way for any purpose for which it may lawfully be used. (Ord. 5447 § 11, 2005: prior code § 26-57)

A. In case of an emergency excavation, the excavator shall maintain proper identification at the excavation site during the construction period. The identification can include a sign, logo, or other identifiable markings providing the name, telephone number, and address of the excavator, permittee, applicant, and its agents or employees. Such excavator, permittee, or applicant should have an officer or agent available by telephone for inquiries or emergency purposes.

B. Nothing contained in this chapter shall be construed to prevent any person maintaining any facility or facilities in any public right-of-way, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life, property, or an essential utility service, when such necessity arises during such hours as the offices of the city are closed; provided, that the person making such excavation shall obtain a permit within forty-eight (48) hours after the offices of the city are first opened subsequent to the making of such excavation. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action, describe the excavation performed and any work remaining to be performed.

C. Nothing contained in this chapter shall be construed to prevent the city from requiring compliance with other sections of this chapter. (Ord. 5447 § 12, 2005: prior code § 26-42)

A. The director of public works shall not issue any permit to excavate in any moratorium street; provided, however, that the director of public works, at his or her discretion, may grant an exemption. The director of public works is specifically authorized to grant an exemption for an excavation that facilitates the deployment of new technology as directed pursuant to official city policy. The director of public works shall issue, at his or her decision, an exemption within a reasonable period after receipt of a written request for exemption. The director of public works may place additional conditions on a permit subject to an exemption, including, but not limited to, the charging of additional fees pursuant to Section 12.08.045 of this chapter. The director of public works' decision regarding such an exemption shall be final.

B. Excavations are prohibited for three (3) years after any public right-of-way or other public place has been newly constructed, reconstructed, resurfaced or replaced in part or in whole. The prohibition will be in effect beginning from the completion of such construction, reconstruction, resurfacing or replacement and shall remain in effect for three (3) years. Excavators shall be responsible for consulting the latest version of the city's pavement surfacing schedule published from time to time and on file in the division. Excavators shall be required to determine alternate methods of making necessary repairs to avoid excavating in newly renovated streets.

C. Exemptions. An exemption to the excavation prohibition may be granted by the director of public works for the following excavations:

1. In cases of an emergency, as defined herein, and upon request of the excavator, provided that the excavator subsequently applies for an emergency excavation permit pursuant to Section 12.08.080 of this chapter and provides verifiable evidence of the basis for the emergency excavation;

2. Excavations to establish new utility service;

3. Excavations to maintain or reestablish an essential utility service that has been interrupted;

4. Excavations made for a utility relocation required by the city to accommodate a proper governmental use of a public right-of-way or other public place;

5. Excavations made by a person that has entered into a license or franchise with the city that specifically excludes any repaving requirement otherwise required under this chapter; and

6. Excavations made by a person that is exempt from the provisions of this chapter pursuant to any provision of a local, state or federal law.

D. If an exemption is granted by the director of public works, the permittee may be required to grind, repave and restore the area being excavated in accordance with the requirements of Sections 12.08.086 and 12.08.087 of this chapter. (Ord. 5447 § 13, 2005)

A. During the moratorium period as described in Section 12.08.085 of this chapter:

1. The permittee shall be required to grind and repave the entire lane width of the public right- of-way where a longitudinal excavation has taken place, from the centerline of the street, alley or other public place to the gutter line or edge of gutter where the excavation has taken place. In those cases where a definable boundary such as a centerline or gutter line is not available, the designated area required to be repaved will be established by the city engineer as a requirement of the excavation permit issued.

2. When an excavation is made within a public sidewalk area, the permittee will be required to completely remove and replace the entire concrete sidewalk and alley panel or panels affected by the excavation and bring it into conformity with current local, state and federal regulations, statutes, standards and guidelines, including but not limited to, the American with Disabilities Act of 1990 (42 U.S.C. Sections 12101, et seq.).

3. Patching or trenching in public sidewalk without replacement of entire concrete sidewalk panel is prohibited.

4. In those instances where a concrete sidewalk panel is not clearly definable, the designated sidewalk area required to be removed and replaced will be determined by the city engineer and will be a requirement of the excavation permit issued.

B. All repaving, resurfacing or restoration work shall be completed to the satisfaction of the director of public works and in accordance with the standards established from time to time by the city and on file in the division, and shall be in compliance with local, state and federal laws.

C. All resurfacing operations shall be in accordance with the following standards:

1. Where the excavation primarily follows the direction of traffic, the excavator shall resurface the entire length of the excavation area plus the excavation influence area on each end, and the entire width of the public right-of-way from curbline to curbline, or where a raised median is present, the public excavator shall resurface from the curbline to the median.

2. Where the excavation is primarily perpendicular to the direction of traffic, the excavator shall resurface the length of the excavation from curbline to curbline, or in the alternative, resurface the length of the excavation plus the excavation influence area extending on each side of the excavation, whichever is less. This resurface also shall include the excavation area plus the excavation influence area on each side of the excavation.

3. Where a raised median is present and the excavation is primarily perpendicular to the direction of traffic, the excavator shall resurface either from the raised median to the curbline, or for the length of the excavation plus the excavation influence area extending on each end of the excavation, whichever is less. The resurface also shall include the excavation plus the excavation influence area on each side of the excavation.

D. All restoration and resurfacing work shall be guaranteed for the life of the street. (Ord. 5447 § 14, 2005)

A. Excavations shall be prohibited in the public right-of-way which has been slurry sealed within one (1) year or less prior to the permit application date, or the excavation date where a permit is not required, unless written permission is first obtained from the director of public works.

B. Permittee shall conduct slurry sealing in the following manner:

1. Where the excavation is primarily in the direction of traffic, the excavator shall slurry seal the entire length of the excavation area plus the excavation influence area on each end, and the entire width of the public right-of-way from curbline to curbline, or where a raised median is present the excavator shall apply slurry seal from the curbline to the median.

2. Where the excavation is primarily perpendicular to the direction of traffic, the excavator shall slurry seal the length of the excavation from curbline to curbline, or for the length of the excavation plus the excavation influence area extending on each end of the excavation, whichever is less. The slurry seal also shall include the excavation area plus the excavation influence area on each side of the excavation.

3. Where a raised median is present and the excavation is primarily perpendicular to the direction of traffic, the excavator shall slurry seal either from the raised median to the curbline, or for the length of the excavation plus the excavation influence area extending on each end of the excavation, whichever is less. The slurry seal also shall include the excavation plus the excavation influence area on each side of the excavation. (Ord. 5447 § 15, 2005)

The director of public works reserves the right to repair or replace at any time any public right-of-way that places the public health and safety at risk and deduct all costs from the cash deposit of the permittee and to invoke coverage under all applicable insurance policies and bonds. Any deductions from the cash deposit shall be equal to the quantity of the item replaced, multiplied by the unit prices pursuant to a schedule to be compiled from time to time by the director of public works. The fee schedule shall be established or modified by resolution of the council; provided that, such charge for repairs and replacement shall not be less than the minimum amount established in such schedule of charges. Should the cost for such repair or replacement exceed the amount deposited, bonded, or covered under an existing insurance policy, the city may collect the remaining amount pursuant to Section 12.08.150 of this chapter. (Ord. 5447 § 16, 2005: prior code § 26-44)

The director of public works, at his or her discretion, may allow a city department or public utility to resurface, in accordance with the city's specifications, that portion of public right-of-way damaged by the excavation. The permittee shall pay the cost of inspection by the city. If any portion of the public right-of-way so resurfaced becomes in need of repairs after such resurfacing by reason of any defective workmanship or materials, or any defect in the work of refilling or repairing, the director of public works shall serve upon the permittee a written notice stating the repairs necessary and requiring such repairs to be made within ten (10) days after the service of such notice. If the notice is not complied with, the director of public works shall at once make such repairs and the permittee shall pay for the cost of making the same. (Ord. 5447 § 17, 2005: prior code § 26-45)

A. Methods of construction, installation, maintenance and repair of any excavation shall comply with the most current edition of all applicable local, state and federal law, statute, rule, regulation, as modified from time to time.

B. All new and replacement construction shall be accomplished and maintained between the hours specified by the city. Construction shall not interfere with the existing or known future utilities or services of the city, private or public third parties. (Ord. 5447 §§ 18, 20, 2005)

The street and field services administrator, at his or her option, may allow a public utility to resurface, in accordance with the city's specifications, that portion of the street, alley, sidewalk or other public place damaged by the utility's excavation. The utility shall pay the cost of inspection by the city. If any portion of the street, alley, sidewalk or other public place so resurfaced becomes in need of repairs within one year after such resurfacing by reason of any defective workmanship or materials, or any defect in the work of refilling or repairing, the street and field services administrator shall serve upon the utility a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of such notice. If the notice is not complied with, the street and field services administrator shall at once make such repairs and the utility shall pay for the cost of making the same. (Prior code § 26-47)

A. It shall be the duty of every person making any excavation in any public right-of-way to maintain safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than three hundred (300) feet. If any such excavation is made across any public street, alley or sidewalk, at least one (1) safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants and water valves. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and keep a passageway at least five (5) feet in width open upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

B. It shall also be the duty of every person making any excavation in any public right-of-way to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents, and also to place and maintain lights at each end of such excavation and at distances of not more than fifty (50) feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled, and no person shall fail, refuse or neglect to comply with any requirement contained in this section.

C. All open excavations must be covered with steel plates ramped from curb to curb to the elevation of the contiguous street, pavement, or otherwise protected in accordance with guidelines prescribed by the director of public works.

D. All surrounding areas of the excavation must be kept clean and free of loose dirt or debris in a manner satisfactory to the director of public works. Excavation sites must be cleaned at the completion of each work day. In addition, all excavated material must be removed from the site of the excavation no later than the end of each work day.

E. No person shall perform or cause to be performed any work on the streets unless such person shall place or cause to be placed appropriate traffic control devices and other safety equipment for the protection of the public and construction workers. The standards of the division's traffic and transportation administrator shall be used as the accepted standard for the placement of traffic control devices.

F. The permittee, its representatives, agents, and employees, must comply with all current federal, state and local safety regulations and requirements. (Ord. 5447 § 21, 2005: prior code § 26-48)

A. After such excavation is commenced, the work of making and refilling the same shall be prosecuted with due diligence and so as not to obstruct the public right-of-way or travel thereon more than is actually necessary therefor. If the work is not so prosecuted or if the work of refilling does not in the judgment of the director of public works comply with the terms of this chapter, the director of public works shall immediately install barricades and traffic-control devices as may be necessary for the public safety at such excavation and thereafter shall notify the person named in the permit that the work is not being prosecuted with due diligence or that the refilling of such excavation has not been properly done, and shall require such person within three (3) days after the service of such notice, to proceed with the diligent prosecution of such work, or properly to complete the same, as the case may be. Such notice shall be written or printed, and shall be served personally or by leaving the same at the residence or place of business of such person. If such person cannot be found, and such place of business or residence is unknown, or is outside of the city, such notice may be served by depositing the same in the post office in a sealed envelope, postage fully prepaid, addressed to such person at their last known place of business or residence. If such notice is not complied with, the director of public works shall do such work as may be necessary to refill such excavation, and to restore the public right-of-way, or part thereof excavated, to as good a condition as the same was in before such excavation was made at the expense of the permittee.

B. If any person(s) or entity fails, refuses, or neglects to cause or complete any construction or repair, or fails, refuses, or neglects to comply with the terms of any permit, thereby creating an adverse impact upon public safety or convenience, the director of public works, at his or her discretion, may cause such work to be completed in whole or in part, and upon so doing shall submit to the responsible person(s) or entity an itemized statement of costs. The person(s) or entity shall be given reasonable advance notice of the director of public works' intent to recover such costs, and twenty (20) days to cure the default. The person(s) or entity shall, within thirty (30) days of billing, pay to city the actual costs incurred. Amounts not so timely paid may be deducted from the person(s) or entity's cash deposit.

C. Whenever construction is being performed in a manner contrary to the provisions of this chapter, the director of public works may order the work stopped pursuant to Section 12.08.240 of this chapter by notice served on any person(s) or entity engaged in or causing the construction. Any work stopped shall not resume until authorized in writing by the director of public works. (Ord. 5447 § 22, 2005: prior code § 26-49)

The director of public works shall cause a statement, showing the amount due the city, from every person for any work performed by the city pursuant to the provisions of this chapter to be mailed to every such person or to his or her agent in the city, on or before the twelfth (12th) day of any month, for any and all such work performed during the previous month. The amount due the city as shown by any such statement shall be paid by every such person(s) or entity to the director of public works, on or before the twenty-fifth (25th) day of the month in which any such statement is mailed, as is provided in this chapter. In case of a cash deposit the balance shall be returned within one (1) year by the director of public works. The director of public works shall deduct the cost of any work done or repairs made by the city from any and all deposits then on hand belonging to or that may hereafter be made by such person under the provisions of this chapter.

Should any person fail to pay the amount due the city as provided in this chapter, the city reserves its right to seek any and all remedies available to the extent permitted by law. (Ord. 5447 § 23, 2005: prior code § 26-50)

The decision of the director of public works as to the cost of any work done, or repairs made by the city pursuant to provisions of Sections 12.08.090 and 12.08.140 of this chapter shall be final and conclusive as to the cost thereof. (Ord. 5447 § 24, 2005: prior code § 26-51)

All moneys refunded pursuant to the provisions of this chapter shall be paid upon demands, audited and paid in the same manner as other demands against the city are audited and paid. (Prior code § 26-52)

No person shall install, or cause or permit to be installed, any service pipe or main pipe, conduit, duct, tunnel or other structure, except manholes. culverts and catchbasins, in any public street, alley or other public place at a distance of less than two feet below the established grade of the gutter of such public street or alley, or less than two feet below the surface of such other public place. (Prior code § 26-53)

A. It is made the duty of every person, firm or corporation owning, using, controlling or having an interest in pipes, poles, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other place, for supplying or conveying gas, electricity, water, steam, ammonia or oil in, to or from the city or to or from its inhabitants, or for any other purpose, to file in the office of the city engineer a map or set of maps, each drawn to a scale of not less than two hundred feet to one inch, which map or set of maps shall show in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, drips, manholes, handholes, transformers, chambers or other appliances installed beneath the surface of the public streets, alleys, sidewalks or other public places in the city belonging to, used by or under the control of such person or in which such person has interest. It shall also be the duty of every person to file, within thirty days after the first day of January of each and every year, in the office of the city engineer, a corrected map or set of maps, each drawn to a scale of not less than two hundred feet to one inch, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or by a member of such firm, or by the president or secretary of such corporation, to the effect that the same correctly exhibits the details required by this chapter to be shown thereon.

B. Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof is abandoned, the person, firm or corporation owning, using, controlling or having an interest therein, shall within thirty days after such abandonment, file in the office of the city engineer, a statement in writing giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.

C. No person shall fail, refuse or neglect to file any map or set of maps at the time and in all respects as required by this section. (Prior code § 26-54)

* For a case holding that a gas company was responsible for damages due to a gas explosion which was caused by the company failing to comply with this section requiring the filing of a location map, see Rauch v. Southern California Gas Co. 96 A, 252, 273 P. 1111.

None of the provisions of this chapter shall apply to any work done or to be done in, along or upon any public street, alley or other public place pursuant to any law of the state providing for the improvement thereof or to any work done or to be done in, along or upon any such street, alley or other public place pursuant to any contract for the improvement authorized by the council; provided, that the provisions contained in Section 12.08.130, shall apply to all such work, and to all excavations to be made in, along or upon any public street, alley or other public place. (Prior code § 26-55)

The provisions of this chapter shall not apply to excavations made by any employee or official of the public works division for the purpose of repairing or maintaining streets or sewers. (Prior code § 26-56)

No person, without authority or a franchise from the council, shall erect any facility or facilities, dig up or make any excavation in, on, under, over or above any public right-of-way within the city, or lay or construct any railroad line or track, or exercise any privilege whatsoever within the city for which a franchise may be required by the city, without first obtaining a franchise or revocable permit for that purpose.

If any provision of this chapter is in conflict with any franchise in existence prior to June 1, 2005, the terms of the franchise shall prevail until the expiration thereof. (Ord. 5447 § 25, 2005: prior code § 1-41)

* For charter provisions as to action of council on franchises, see Charter, Art. VI, § 3. For duty of city manager to enforce and require compliance to franchise provisions, see Charter, Art. IX, § 1, subsection 3. See in particular Charter, Art. XVII, §§ 1 to 4 for full treatment of charter provisions as to franchises.

No person shall make, or cause or permit to be made, any excavation or install or maintain, or to cause or permit to be installed or maintained, any pole, tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plats filed by such person or premarked at the site by such person when a plat is not required as required by the provisions of this chapter. (Prior code § 26-39)

A. When the director of public works has determined that a person has violated any of the terms of this chapter or that an encroachment, excavation or construction poses a hazardous situation or constitutes a public nuisance, public emergency, or threat to the public health, safety or welfare, or when a paramount public purpose exists, the director of public works is authorized to issue a stop work order, to impose new conditions upon a permit, or to suspend, terminate, or revoke a permit by notifying the permittee of such action in a written, electronic, or facsimile communication.

B. Any person aggrieved by the decision of the director of public works to grant, deny, suspend or revoke an excavation or encroachment permit, may appeal the decision of the director of public works to the council within the time and the manner provided in Chapter 2.88 of this code. (Ord. 5447 § 26, 2005)