§ 13.20.070  ISSUANCE AND CONDITIONS OF PERMIT.
   (A)   Upon receipt of written application conforming to the requirements of the code and such plats, deposits, bonds, insurance and fees as required, the Director of Public Works shall issue a written permit for such excavation or fill. Issuance of a permit may be deferred, consistent with division (E) below, or limits and conditions for doing the work may be imposed as public necessity or convenience requires.
   (B)   Such permit shall state the name of the person to whom it is issued; the streets and the particular portion or portions thereof to be excavated or filled.
   (C)   No permits shall be transferable. Every such permit shall become void unless the excavation or fill to be made in connection therewith is commenced within 60 days from date of issuance of the permit and the work diligently prosecuted as provided therein.
   (D)   In the case of a public utility or other agency holding an operating franchise in the city, the Director of Public Works may, on application, subject to his or her discretion, issue a single blanket permit for excavations, cancelable on ten days' written notice by the city. Such permittees shall notify the Director of Public Works not less than 24 hours in advance of any proposed operation on a form prescribed by the Director of Public Works, and receive permission to conduct such operation before proceeding therewith. The utility or other agency shall comply with all applicable provisions of this code.
   (E)   Notwithstanding any other provision of this chapter, no excavation shall be permitted in a particular area of public street for 12 months after that area has been paved or resurfaced (including, but not  limited to, asphalt overlay and slurry sealing).  Neither may more than two excavations be permitted within any 12 month period in the same block of public street for mid-block excavations, or the same intersection for excavations in or traversing an intersection (the "excavation area").  The 12 month period shall be measured from the time each excavation is begun.  Notwithstanding the foregoing, excavation may be permitted in the case of emergency or where such limitations are inconsistent with existing access rights to the public right-of-way.
   (F)   It shall be unlawful for any person to install any service pipe, main pipe, conduit, wire, cable, manholes, duct, tunnel or other structure except manholes, culverts, catchbasins, vaults and similar structures in any public street below the established gutter grade of any street, or the surface of any public place at a distance less than that designated by the city.
   (G)   The performance of any work under or by authority of a permit issued under the provisions of this chapter shall constitute an acceptance by the permittee of any special conditions in the issuance of any permit granted hereunder.
   (H)   All work shall be planned and prosecuted with diligence in a manner so as to obstruct the street to the minimum. All work shall conform to standards as designated by the Director of Public Works.
   (I)   The Director of Public Works and owners of structures and substructures who may be affected by work done under the provisions of this chapter shall be notified not less than 24 hours prior to time of starting the work, except for service installation, service replacements and leak repairs.
   (J)   In lieu of permitting any person to permanently resurface any excavation made or replace improvements damaged or destroyed in a public street, the city may, through its Director of Public Works, elect to do such resurfacing or replacement with city equipment, materials and personnel, in which event the person to whom the permit has been granted for making such excavation shall post, as part of the special deposit with the city, such sums of money as shall be designated by the Director of Public Works to pay for resurfacing by the city.
   (K)   All excavation backfilling shall be done in accordance with the specifications for street improvement in the city designated by the Director of Public Works and the standards of the Public Works Department. The Director of Public Works may, if it is deemed necessary, require the permittee to dispose of the native material excavated and backfill with select material or durable mineral aggregate.  The old torn up pavements and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the Director.  All of such materials must be recycled and/or diverted consistent with the approved recycling/diversion plan.  After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the Director.  Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away.  In no case shall any void under a pavement be filled by any side or lateral tamping.
   (L)   The permittee shall place all trench backfill to a density of 95% optimum density for the first six inches under paving or sidewalks, 90% of maximum density for the next underlying two feet, and 85% of maximum density for the balance of any further underlying backfill. Density shall be as measured by the modified American Association of State Highway Officials methods. All other fill or backfill shall be placed to 95% of maximum relative density as measured in the same manner. The permittee shall place and maintain, until permanently repaired, a safe temporary slow-curing asphaltic concrete surface patch at least one and one-half inches thick. Upon request, the permittee shall furnish laboratory reports certifying compaction results obtained.
   (M)   After any excavation in a public street has been made for the purpose intended, the work of backfilling the excavation shall be completed as soon as reasonably possible. The permittee shall guarantee the quality and completeness of his work for a period of two years.
   (N)   Notwithstanding division (E) of this section, if a person desires to excavate within 12 months after the area to be excavated has been paved or resurfaced, and that excavation is not eligible as an emergency excavation under § 13.20.180, such excavation may be permitted if the person agrees to resurface the entire excavation area in which they desire to excavate.  Such resurfacing shall be completed in accordance with specifications designated by the Director of Public Works, and shall be secured a completion bond or other security sufficient to ensure completion of the work in a timely fashion.  The permittee shall guarantee the quality and completeness of his work for a period of two years.
('86 Code, § 13.20.070) (Ord. 3002, passed  - - ; Am. Ord. 4403, passed 2-12-01) Penalty, see § 1.12.010