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(Added by Ord. No. 184,548, Eff. 12/11/16.)
(b) The previous surcharge amount of two percent is increased solely to pay for the $21.76 million cost of developing and implementing BuildLA, a comprehensive enterprise-wide development services system, and shall not be used to pay for ongoing BuildLA costs such as maintenance or system hosting services.
(c) The surcharge shall be returned to the greater of two percent or $1 when the City Administrative Officer determines the surcharge increase has recovered the $21.76 cost of BuildLA.
(d) The provisions of subsection (a) of this section shall not apply to fees imposed pursuant to the provisions of Section 61.03, 61.10, 61.11, 61.12, 62.01, 62.61, 62.84, 62.88, 62.96, 62.103, 62.118.1, 62.118.2, 62.132, 62.133, 62.201, 64.03, 64.10, 64.11.2, 64.11.3, 64.16.1, 64.15(b), 64.18 or 64.30.
Section
62.00 Definitions.
62.01 Removal of Obstructing Structures.
62.02 Excavations in and Adjacent to Streets – Permits.
62.03 Excavations in and Adjacent to Streets – Locations and Restrictions.
62.03.1 Notification and Location Requirements.
62.04 Excavations in and Adjacent to Streets – Performance of the Work
62.05 Excavations in and Adjacent to Streets – Charges.
62.06 Establishment of a Street Damage Restoration Fee.
62.08 Specifications and Procedures for Above Ground Facilities Installations in the Public Rights-of-Way.
62.09 Fine for Non-compliance.
62.10 Appeal for Violation of Above Ground Facility, Specification and Procedures.
62.40 Maintenance Holes – Permit for Opening.
62.41 Maintenance Hole Permit Fees.
62.42 Maintenance Holes – Emergency Openings.
62.43 Maintenance Holes – Warning Signs.
62.44 Exemptions.
62.45 Materials or Equipment in Streets – Permits, Regulations, Fees.
62.46 Permits – Conditions.
62.47 Permits – Revocation.
62.48 Revocation of Permits – Work to Cease.
62.49 Building Material – Deposit in Streets.
62.50 Building Material – Illumination.
62.51 Building Material Deposits – Cranes – Restrictions.
62.52 Plaster – Mixing on Street.
62.53 Permit to Be Exhibited.
62.54 Building Material – Removal of.
62.55 Permits – Duration of.
62.56 Building Material Permit Fees Exemptions.
62.57 Elevated Sidewalks – Permits.
62.58 Elevated Sidewalks – Application.
62.59 Elevated Sidewalks – Where Permitted.
62.60 Revocation of Permits.
62.61 Work Within or on a Public Street or Right-of-Way, Obstruction of a Public Street or Right-of-Way – Permit Required, Regulations, Penalties for Non-Compliance.
62.61.1 Coordination of Activities Within the Public Way – Public Way Reservation System (PWRS).
62.62 Electric Wires on Streets – Permit Required.
62.63 Electric Wires on Streets – Power of Board Over.
62.64 Permit – Contents of.
62.65 Electric Wiring Must Be Safe.
62.66 Board – Power to Decide Questions.
62.67 Permits – Duration of.
62.68 Exemption – Franchises.
62.69 Oil Pipe Lines – Permits.
62.70 Oil Pipe Line – Permit Application.
62.71 Oil Pipe Line – Permit – Contents.
62.72 Oil Pipe Lines – Regulations.
62.73 Oil Pipe Lines – Permits – Revocability of.
62.74 Oil Cables – Permits.
62.75 Oil Cables – Permit Applications.
62.76 Oil Cables – Permit Contents.
62.77 Oil Cables – Regulations.
62.78 Oil Cables – Permits – Revocability of.
62.79 Oil – Spilling on Streets.
62.80 Drainage of Water Into Streets.
62.81 Washing Private Alleys.
62.82 Public Utility Defined.
62.83.1 House Movers – Permits – Conditions.
62.84 Board of Public Works – House Movers’ Permit/Issuance.
62.85 House Movers – Compensation to Public Utilities.
62.86 House Movers – Interference with Utility Property.
62.87 House Mover – Must Pay License.
62.88 House Movers – Deposits.
62.89 House Movers – Inspection.
62.90 House Movers – Methods of Moving – Rules and Regulations.
62.90.1 House Movers – Posting of Relocation Permit.
62.91 House Movers – Damage to Streets.
62.92 House Movers - Deposit Deductions.
62.93 Housemoving – Lights Required.
62.94 Protection of Sidewalks.
62.94.1 Protection of Streets – Tractors, Etc. Prohibited on.
62.95 Animals – Driving on Streets – Permit.
62.95.1 Horseback Riding Prohibited on Medians.
62.96 Painting House Numbers on Curbs – Permit Required.
62.97 Vibroseis Surveys in Public Streets.
62.103 Parkways in Commercial and Industrial Zones – Paving.
62.104 Repairs to Sidewalks, Driveway Approaches, Curb Returns and Curbs.
62.104.1 Sidewalk Repair Program Projects.
62.105 Streets, Sidewalks and Other Improvements – Permits Required.
62.105.1 Locations of Driveway Approaches.
62.105.2 Width of Driveway Approach Apron.
62.105.3 Length of Curb Space.
62.105.4 Slope of Driveway Approaches.
62.105.6 Testing and Analysis of Materials Products, Services, Processes and Technologies.
62.106 Permits – Classification Of.
62.106.1 Fees for Preparation of Required Reports by the City Engineer in Conjunction with Land Use Reviews.
62.107 Work Requirements.
62.108 Application – Contents Of.
62.109 Class “A” Permit Fees.
62.110 Class “B” Permit Fees.
62.111 Class “B” Permits – Plans – Bonds – Insurance.
62.112 Inspector – Application For.
62.113 Completion of Work – Certificate of Acceptance.
62.114 Permits – Duration – Expiration – Cancellation.
62.115 Class "A" Permit Fee Refunds.
62.116 Permits – Amount of Work Allowed.
62.117 Removal of Debris.
62.118 Exemptions.
62.118.1 Special Improvements – Payment – Performance by Department.
62.118.2 Improvement in Public Streets – Issuance of Revocable Permits.
62.119 Railroads – Street Paving.
62.120 Railroads – Manner of Asphalt Paving.
62.121 Railroads – Manner of Improving Streets.
62.122 Railroads – Type of Rails.
62.123 Railroads – Change of Rails.
62.124 Railroad Rails – Exemptions.
62.125 Railroads – Time of Completion of Work.
62.126 Railroads – Procedure for Replacing Rails.
62.127 Railroad – Board May Order Repairs to Roadbed.
62.128 Railroads – Hours of Repair in Central Traffic District.
62.129 Public Boulevards – Use of.
62.130 Sand – Gravel on Streets.
62.131 Decorative Lights over Streets and Sidewalks.
62.132 Street Banners.
62.133 Canopies.
62.135 Overloads – Definitions.
62.136 Overloads – Permits Required.
62.137 Overloads – When Unlawful to Move Without Inspection.
62.138 Overloads, When Unlawful to Move in Any Event.
62.139 Unattended Parking – Prohibited.
62.140 Overloads – Night Moving.
62.141 Overloads – Application For Permits.
62.142 Overloads – Issuance of Permits.
62.143 Overloads – 30 Day and Annual Permits.
62.144 Overloads – Permits – Limitations And Requirements.
62.145 Overloads – Insurance – Bonds.
62.146 Overloads - Inspection.
62.147 Overloads – Assignment of Inspectors.
62.148 Overloads – Displacement of Property of Public Utility.
62.149 Overloads – Movement of by Governmental Authorities.
62.150 Overloads – Where Exceptions Are Permissible.
62.151 Overloads – Special Engineering Services for Large or Heavy Loads.
62.161 Planting, Maintenance And Care of Plants in City Streets – Jurisdiction of Board.
62.162 Power to Plant, Maintain And Issue Permits.
62.163 Duties Regarding Maintenance of Plants.
62.164 Tree Planting Records – Plans.
62.165 Board to Prepare Reports.
62.166 Street Obstructions by Trees – Jurisdiction.
62.167 Assessment Levy For Planting.
62.168 Removal of Obstructing Plants.
62.169 Permit Required to Plant in Streets.
62.170 Conditional Permit to Remove or Destroy Trees.
62.171 Permit Fees For Tree Removal.
62.172 House Moving – Permit.
62.173 Tree Stakes or Guards.
62.174 Injury to Trees.
62.175 Tree Maintenance.
62.176 Street Maintenance Fee.
62.177 Establishment of Tree Replacement and Planting In-lieu Fee.
62.178 Street Tree Inspection Clearance Fee.
62.200 Street Intersections – Obstructions to Visibility.
62.201 Import And Export of Earth Materials – Fees Required.
62.202 Import And Export of Earth Materials – Bonded Requirement.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
For the purpose of this article, the following words and phrases are defined, and they shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.
“Apron” shall mean that portion of a driveway approach, exclusive of side slopes or driveway curb returns, extending from the gutter flow line to the property line.
“As-Built Plans and Profiles” shall mean plans and profiles wherein the elevation and location of a subsurface installation is determined at the time of construction and as constructed. (Added by Ord. No. 150,478, Eff. 2/6/78.)
“Asphalt Pavement” shall mean any surface which is paved with a mixture of rock, sand, and a low penetration grade of asphalt cement. This term shall include surfaces paved with mixture commonly referred to as sheet asphalt, asphalt concrete, or bitulithic pavements.
“Concrete Driveway” shall mean any driveway approach paved with Portland Cement concrete.
“Concrete Gutter” shall mean any gutter composed of Portland Cement concrete, vitrified brick, or granite block pavement.
“Concrete Pavement” shall mean any roadway surface paved with Portland Cement concrete.
“Concrete Sidewalk” shall mean any sidewalk paved with Portland Cement concrete.
“Cost” shall mean all applicable direct and indirect expenses incurred by the City in connection with the work or services performed, as determined by the cost accounting procedures established by the Board.
“Curb” shall mean any curb constructed of Portland Cement concrete.
“Curb Return” shall mean the curved portion of a street curb joining the normal curb line of a street with that of an intersecting street, alley, or driveway.
“Curb Space” shall mean a continuous length of full-height curb; or where no curb exists, that space on the public right of way reserved for construction of full-height curb.
“Driveway Approach” shall mean that portion of a driveway lying in the public right of way between the curb face or roadway of a public street and the property line thereof, and including both apron and side slopes.
“Emergency Work” shall be defined as immediate and unplanned action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. Emergency Work includes, but is not limited to, efforts to effect the restoration of interrupted utility services (electrical, water, gas, wastewater, and telecommunications). (Added by Ord. No. 186,854, Eff. 1/14/21.)
“House Mover” shall mean any person who moves any building or structure, or section or portion of any building or structure, over, upon, along, or across any public street.
“Leakage Detection Hole” shall mean any hole made in a paved roadway or sidewalk by driving a metal bar or drill into the same, for the purpose of locating leaks from existing utility pipes or conduits.
“Lot” shall mean a lot, parcel, or area of land developed or to be developed as a unit.
“Maintenance Hole” shall mean any subsurface structure which is part of any underground system and which has a surface cover with an exposed area of 1 1/2 square feet or more. (Amended by Ord. No. 182,985, Eff. 5/28/14.)
“Micro-trenching” shall mean a narrow open excavation trench for the purpose of installing a subsurface pipe or conduit. The trench shall be less than or equal to 8 inches in width and less than or equal to 26 inches in depth, or as otherwise defined by the City Engineer in an adopted Standard Plan. (Added by Ord. No. 186,444, Eff. 1/2/20.)
“Oiled Roadway” shall mean any roadway, the surface of which is composed of a mixture of one or more spray coats of road oil with sand, crushed rock, or disintegrated granite, having a total average thickness of approximately one inch or less.
“Person” shall mean and include in addition to all entities set forth under the definition of the term “person” in Subsection (a) of Section 11.01 of this Code, the Federal Government, the State of California, every county, city and county, municipal corporation other than the City of Los Angeles, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government.
“Pothole” shall mean a small hole excavated in order to locate and identify any underground structure. (Added by Ord. No. 150,478, Eff. 2/6/78.)
“Property” shall mean and include any rail, tie, wire, pipe, pole, conduit, tank, or any device, fixture, appliance, or structure appurtenant thereto, installed, affixed, or located in, upon, over, or under any public street, public easement, or public place in this City, whether so installed, affixed, or located under franchise or otherwise.
“Public Easement” shall mean any sewer easement, drainage easement, utility easement, or other easement under the jurisdiction of the Board except street easements.
“Public Place” shall mean and include all public grounds, buildings, and places owned or maintained by the City and under the jurisdiction of the Board excluding public streets and public easements.
“Public Street” shall mean and include all entities set forth under the definition of the term “street” in Subsection (a) of Section 11.01 of this Code. The term shall be construed to include the full width of way dedicated to public use including sidewalk and unpaved areas.
“Red Flag” shall mean a flag made of bright red cloth or other flexible material, with an area of at least 1 ½ square feet of which one dimension must be at least 12 inches.
“Roadway” shall mean the portion of the street intended for use by vehicular traffic, including parking lanes.
“Rock and Oil Pavement” shall mean any surface which is paved with an average thickness of more than one inch of macadam pavement or a mixture of rock, sand, and either road oil, liquid asphalt, or a high penetration grade of asphalt cement.
“Side Slope” shall mean that portion of the driveway approach which provides a transition from the normal curb grade to the grade of the apron by means of a sloping surface. Where a curb return is constructed in lieu of a sloping surface, the side slope shall be deemed to end at the exterior beginning of the curb of such curb return.
“Sidewalk” shall mean any surface provided for the exclusive use of pedestrians.
“Stake Hole” shall mean any hole made in a pavement, driveway, or sidewalk by driving a metal bar or pin into the same for moving a house or for any similar purpose.
“Transmission Line” shall mean a pipeline or other structure which transports substances from a Point of gathering or storage to a point of distribution or storage. (Added by Ord. No. 150,478, Eff. 2/6/78.)
“Tunnel” shall mean either a construction tunnel or a tunnel structure as hereinafter defined: construction tunnel shall mean an excavation for the purpose of installing a subsurface pipe or conduit, which excavation is made without disturbing the surface. This term is not intended to include excavations made by such methods of installation as jacking, boring, or jetting; tunnel structure shall mean an underground structure such as a passageway, gallery, or conveyor housing, the construction of which may have involved the making of an open excavation.
“Unimproved Roadway” shall mean any roadway, the surface of which is composed of dirt, soil, sand, gravel, disintegrated granite, or similar materials either in a natural state or waterbound.
“Unstable Substance” shall mean any substance carried by a subsurface installation which, if permitted to escape, could pose a hazard to public health or safety, including petroleum distillates, butane, propane, oxygen, chlorine, steam, natural gas at a pressure exceeding 60 PSIG, any corrosive or toxic substance, all liquids in transmission lines and any other substance which the City Engineer may hereinafter classify as unstable. (Added by Ord. No. 150,478, Eff. 2/6/78.)
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
(a) Board to Notify Owner. Whenever the Board determines that any property located in, upon, over, or under any public street, public place, or public easement in this City must be temporarily or permanently relocated or removed for public safety, necessity, welfare, or convenience, in order that public works, improvements or landscaping may be installed, constructed, or erected along any such public street, public place, or public easement, the Board shall give written notice to the person owning, maintaining, or controlling such property to relocate or remove the same as the Board shall determine. Such notice shall describe the property to be removed or relocated with particularity.
Such written notices will be issued only for improvements, works, or landscaping done by this City or other governmental agency or instrumentality in a government capacity.
(b) Prosecution of Work. Within ten days after the giving of such notice, the work of relocating or removing the property designated in the notice shall be commenced and such work shall thereafter be diligently prosecuted to completion.
(c) Board May Complete Work and Recover Costs. In the event such person shall neglect, fail, or refuse, within ten days after the giving of such notice, to begin the work of relocating or removing the property designated in the notice, or shall fail to prosecute such work diligently to completion, the Board shall have the power to relocate or remove the property designated in the notice. The cost necessarily incurred by the Board in doing such work may be recovered by the City from such person.
(d) Remedies Cumulative. Punishment for violation of the penal provisions of this section shall be cumulative and in addition to the powers conferred herein on the Board. Enforcement of the penal provisions of this section shall not constitute a bar to the exercise by the Board of the powers conferred upon it by this section, nor shall the exercise by the Board of the powers conferred upon it by this section constitute a bar to a criminal prosecution for the violation of the penal provisions of this section.
(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Permit Required. No person, nor any department or officer of this City shall make an excavation in or under the surface of any public street or public place for the installation, inspection, repair, abandonment, or removal of any tank, pipe, conduit, duct, tunnel, or footing, or for any other purpose, or make an excavation on private property adjacent to a public street where lateral support to such street or improvements or property within such street is imperiled by such excavation, without first making and filing a written application therefor with the Bureau of Engineering and receiving a permit from the Bureau of Engineering to do so. No portions of this ordinance shall be construed or is intended to exempt sewer and storm drain connections; sewers and storms drains being constructed under “B” permit provisions of this article; or departments or officers of this City acting in a governmental capacity and performing work with their own forces for the City. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
EXCEPTION: A permit will not be required for excavations which are for the purpose of the installation or removal of poles or pole anchors when such pole and pole anchors are located within sidewalk areas. All work in connection with such installations shall be performed in accordance with the provisions of Section 62.04.
1. Council Permission for Tunnel Construction. Permission from the Council is required as a prerequisite to the issuance of any permit under Subsection (a) of this section for the construction of a tunnel structure. Such tunnel installations may also be subject to the execution of a lease or other agreement between the City and the permittee as determined by Council, and the payment by the permittee of any annual charges set forth in such agreement.
2. Construction Tunnels. A construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit may be constructed under the sole authorization of an excavation permit.
3. Small Utility Cuts for Leak Detection. Excavation (Utility) permits for the purpose of drilling leakage detection holes may be issued to a public utility regulated by the Public Utilities Commission of the State of California. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
4. Utility Maintenance and Service Connection Excavations. Excavation permits for the purpose of providing service connections, replacing or repairing deteriorated fittings, or raising valve covers, maintenance hole covers, or vault lids to grade may be issued to a public utility regulated by the Public Utilities Commission of the State of California. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
5. Chargebacks. No portion of this section shall be construed to contravene Section 11.08 of the L.A.M.C. which prohibits City non-proprietary departments from charging other non-proprietary departments; nor shall this section be construed to allow for “no-fee” or exemptions from required permit authority for work being done under contract for City departments and other governmental agencies.
No portion of this ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements.
6. Emergencies. Nothing in this section shall be construed to prevent any agency, entity or utility covered under the provisions of this Ordinance or any person or department or officer of this City who is maintaining an installation in a street by virtue of any law, ordinance franchise, or permit from making such excavations as may be necessary when such necessity arises from emergency conditions, provided that the person, department, or officer making such excavation shall apply for a permit therefor on the next regular business day following the day on which such excavation was commenced and provided that the agency, entity, utility, department or officer of this City provide supporting documentation confirming the nature and scope of the work required and verifiable information related to the event(s), actions, inactions or proximate causes of the required emergency excavation.
7. Imperilment of Lateral Support. Imperilment of lateral support to a street or improvements on property within such street by excavation on private property shall be deemed to exist whenever such excavation does not comply with the provisions of Section 91.3005 of this Code.
(b) Contents of Application. (Amended by Ord. No. 182,237, Eff. 9/28/12.) The permit applications shall contain all information required by the Bureau of Engineering, including but not limited to the hours during which permitted work will be performed, and safety measures that the permittee will undertake.
(c) Plans Required. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
1. General Requirements. Each application for a permit shall be accompanied by a plan, in triplicate, showing the location and dimensions of each proposed excavation and such other details as the Bureau of Engineering may require. The applicant shall supply additional copies of the plan if requested by the Bureau of Engineering for checking or inspection purposes. The Bureau of Engineering shall review the plan, and shall approve the plan if the Bureau determines it to be satisfactory. Prior to approval of a plan, the Bureau of Engineering shall determine whether to require any permit conditions or special restrictions, and such conditions or restrictions will be incorporated into the permit. If a plan shows a permanent installation to be made in the area of a public street, a copy shall be placed in the electronic files of the City Engineer as a public record, and an approved duplicate will be used for inspection purposes. Any excavation made or facility installed shall be located in strict conformance with the location shown on the plan.
2. Exception to General Requirements. The provisions of Subdivision 1. of this Subsection shall not apply if the purpose for making the proposed excavation is to install a service connection less than two inches in diameter, or to inspect or repair an existing installation, although any such excavation shall be in strict conformance with the location described in the application.
3. Additional Requirements for Tunnel Structures. In addition to the requirements in Subdivision 1. of this Subsection, plans for a tunnel structure shall show its proposed location, the distance from all utility installations, details of the proposed method of constructing and backfilling, and the purpose for which the tunnel is to be constructed. Plans for tunnel structures shall be based upon alignments and elevations determined from actual surveys, and work on any tunnel structure shall not proceed until such alignments and elevations have been established.
(d) Surveying. (Amended by Ord. No. 182,237, Eff. 9/28/12.) In reviewing an application for a permit pursuant to the provisions of this Section, the Bureau of Engineering may require an applicant to conduct surveys if the Bureau determines that surveys are needed to insure that the proposed excavations or facilities to be installed would be located as described in the permit application or shown on the accompanying plat.
(e) Authority to Occupy Street Area. No person, nor any department or officer of this City, shall make any installation in street areas without legal authority granted by franchise or otherwise to occupy and use such areas for the purpose of such installations, regardless of whether or not such person is required to secure a permit under the provisions of this section.
(f) Liability Insurance and Deposits. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
1. Insurance Required. A permit to excavate issued pursuant to the provisions of this section shall not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance naming the City as an insured or a co-insured with the permittee. The policy of insurance shall insure the City and its departments, officers and employees, while acting within the scope of their duties, against all claims arising from or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, undertaken pursuant to the provisions of the permit.
Exception. The provisions of this subsection shall not apply to the Federal Government, the State of California, any county, city, city and county, municipal corporation, irrigation district, school district, district established by law, any political subdivision of the Federal Government or State of California, any public utility regulated by the Public Utilities Commission of the State of California, or any contractor or subcontractor while performing work under contract to any such entity pursuant to a permit issued under the provisions of this section.
(A) Amounts. The policy of insurance required by the provisions of this subsection shall provide the following minimum coverage:
Bodily Injury:
$1,000,000 for each person
$1,000,000 for each occurrence
$1,000,000 aggregate - products and completed operations
Property Damage:
$1,000,000 for each occurrence
$1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits.
The coverage amounts identified in this subdivision are minimum amounts, and the Bureau of Engineering has the authority to require coverage in larger amounts if it determines that increased coverage is required to adequately protect the City.
2. Deposit. Prior to the issuance of an excavation permit, each applicant for an Excavation Utility (U) Permit pursuant to LAMC 62.05(a) shall submit and maintain with the City of Los Angeles a deposit. An applicant may submit a single deposit for all its excavations so long as a minimum balance for the estimated value of all of the permits, as determined by the Bureau of Engineering, is maintained. In the event the Bureau of Engineering applies deductions from the deposit, the Bureau of Engineering may withhold the issuance of subsequent Excavation Utility (U) Permits to the applicant until the minimum balance has been restored.
3. Deposit or Bond Where Lateral Support is Imperiled. If a proposed excavation on private property would imperil the lateral support of a public street or improvements on a public street, in addition to providing the insurance required by the provisions of Subsection (f), a permittee must provide to the Bureau of Engineering cash or a surety bond in an amount determined by the Bureau to compensate the City for damage that may be caused to City property by the excavation. If a bond is provided, it must be executed to the satisfaction of the City’s Risk Manager. The bond must be in effect for a minimum of two years after completion of the permitted work, and if cash is provided instead of a bond, the Bureau of Engineering shall keep the cash for a minimum of two years after completion of the permitted work. The Bureau of Engineering has the authority to modify for good cause the length of time it maintains custody of a cash deposit or the length of the effectiveness of a surety bond.
Exception. The provisions of this subsection shall not apply to the Federal Government, the State of California, any county, city, city and county, municipal corporation, irrigation district, school district, district established by law, any political subdivision of the Federal Government or State of California, any public utility regulated by the Public Utilities Commission of the State of California, or any contractor or subcontractor while performing work under contract to any such entity pursuant to a permit issued under the provisions of this section.
(g) Contents of Permits. (Amended by Ord. No. 182,237, Eff. 9/28/12.) A permit issued by the Bureau of Engineering pursuant to the provisions of this Section may impose conditions and requirements for its use, including but not limited to specifying the type of backfill material used, the backfilling method, special City inspections of the permitted work, and the manner in which a surface cut is to be made.
(h) Compliance with Conditions of Permits Required. (Amended by Ord. No. 182,237, Eff. 9/28/12.) All conditions imposed upon a permit by the Bureau of Engineering must be complied with, and no person shall fail, neglect or refuse to comply with any term or condition contained in any permit issued pursuant to the provisions of this Section.
(i) Duration of Permit. (Amended by Ord. No. 186,854, Eff. 1/14/21.) Every permit issued pursuant to this section shall have a duration based on the size and nature of the work. When deemed necessary, the Bureau of Engineering may grant an extension of time for a permit. Once permitted excavation work has begun, the work must be diligently prosecuted to completion. The Bureau of Engineering may grant an extension to an expired permit within three months after the permit expiration date. The Bureau of Engineering reserves the right to impose new conditions on an extended permit when deemed necessary. No work shall be performed during the time that a permit is expired other than work necessary to ensure the safety of the worksite.
(j) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(k) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(l) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(m) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(n) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(Amended by Ord. No. 150,478, Eff. 2/6/78.)
(a) Restricted Area. The area in a street between the face of an existing or future curb and four feet back of such curb face is reserved for use by the Department of Public Works. Installation of facilities within, or other use of, this area will not be permitted except as provided herein. The Board may issue permits as provided in Section 62.02 for installations in or use of this area. Such permits are subject to revocation by the Board at any time it becomes necessary to construct a public work of any kind within the area.
EXCEPTION: Restriction on the use of such area will not apply to service connections, meters, pole installations, or City-owned facilities used for governmental purposes. However, the installation of poles may not be permitted, or poles being maintained in street areas may be ordered removed, when territory adjacent to such street is provided with a public alley or with an easement or private right of way specifically set aside for the purpose of erecting poles therein.
Poles which are erected and maintained in streets shall be set as close as practicable to the back of the curb unless some other point is approved or designated by the Board.
(b) Depth of Substructure Installations. (Amended by Ord. No. 186,444, Eff. 1/2/20.)
1. All service pipes, main line pipes, conduits, ducts, tunnels, or other structures, except maintenance holes and vaults, shall be installed in the following manner:
(A) In a Roadway or alley. All parts shall be installed at a depth of at least 24 inches below the established grade of the gutter of the roadway or alley;
(B) In a Roadway of a major or secondary highway. All parts shall be installed at a depth of at least 30 inches below the established grade of the gutter of roadway; or
(C) Between the Curb face and the Property line, or in any other Public Place or Easement. All parts shall be installed at a depth of at least 16 inches below the surface.
Notwithstanding the above requirements, any new or relocated installation intended to carry unstable substances shall be constructed at a depth of at least 42 inches below the established grade of the gutter of the roadway or alley.
2. Micro-trenching Installations. Tele- communication or other low voltage utilities may be installed via Micro-trenching when approved by the City Engineer. These shall be installed in the following manner:
(A) In a Roadway or Alley. All parts shall be installed in a roadway or alley at a depth of at least one inch below the existing asphalt layer or as otherwise required by the City Engineer; or
(B) Between the Curb face and the Property line, or in any other Public Place or Easement. All parts shall be installed at a depth of at least 12 inches below the surface or as otherwise required by the City Engineer.
In lieu of the area as defined under Section 62.06 A.1., substructure installations constructed by microtrenching shall have a Street Damage Restoration Fee assessment area that equals one foot times the length of the excavation cut.
EXCEPTION: If, by reason of the existence of other installations or the proposed construction of any public work, a proposed substructure installation cannot be made below the minimum depths stated in subsection (b) above, the Board may, upon presentation of evidence of the necessity therefor or because of the public benefit to accrue therefrom, grant a permit for an installation at a lesser depth.
(c) Tanks.
1. Permits Required. No person shall install any storage tank in any public street without obtaining a permit from the Board to do so in compliance with the provisions of Section 62.02.
The issuance of a permit by the Board to excavate in a public street for the purpose of installing an underground storage tank in no way relieves such permittee of the necessity of obtaining an additional permit for such installation from the Fire Department and complying with all applicable provisions of Article 7 of Chapter 5 of this Code.
2. Agreement to Remove. Permission to maintain a tank in a public street may be revoked by the Board at any time, and upon such revocation, the tank shall be removed. As a condition precedent to the issuance of a permit to install such a tank in a public street, the applicant shall record with the County Recorder of the County of Los Angeles an agreement, approved as to form by the City Attorney, holding the City harmless from any claims arising out of the use of such tank, and setting forth the duties and responsibilities of the owner of the adjacent property to remove the tank without expense to the City when so ordered by the Board. Such agreement shall be a covenant running with the land and binding upon the owner and the owner’s successors, heirs and assigns.
3. Abandonment of Tanks in Place. When not contrary to the public health, safety or welfare, the Board may allow the installation to be only partially removed, and the balance to be abandoned in place, or may permit an unused tank to be filled as provided in Article 7 of Chapter 5
of this Code, and to be abandoned in place.
4. Board May Remove or Abandon Tanks. If within 20 days after service by the Board of a notice to remove or fill an underground storage tank, the owner or the owner’s heirs, successors, or assigns as the case may be, fails, refuses, or neglects to remove or fill such tank, as directed by the Board, the Board may perform the necessary work and recover the cost of the work from such person.
5. Maximum Capacity of Tanks. The maximum capacity of any storage tank that may be installed in a public street is 4000 gallons.
(d) Tunnels.
1. Rights of Franchise Holders. No tunnel structure shall be constructed in any location or any manner which will prevent the lawful use or occupation of a street by persons occupying it under the authority of lawfully existing franchises.
2. Inspection of Tunnels. Every tunnel structure constructed shall be subject to inspection at all times by the City Engineer and the Board.
3. Revocation of Permission to Maintain Tunnels. Permission granted for the construction of a tunnel structure in a public street may be revoked by the Board at any time; and the City reserves the right to resume possession of any portion of any street occupied by a tunnel structure at any time the Council determines that such is necessary or advantageous to the use of the street by the City.
4. Installation of Machinery in Tunnels. Machinery, boilers, or engines shall not be placed in any tunnel structure constructed under the surface of any street except that, subject to the approval of Council, conveyor systems may be installed within such tunnel structures.
(e) Location Maps and Plans. (Amended by Ord. No. 150,478, Eff. 2/6/78.) The person owning, using, controlling or having an interest in any subsurface installation, other than a service connection, in any public street shall file with the City Engineer within 60 days after the completing of such installation, a corrected set of maps or atlas sheets showing the installation. Such map shall be drawn to a scale of not more than 200 feet to the inch.
In the event such subsurface installation is for the purpose of carrying an unstable substance, as-built plans and profiles, showing the location, depth and size of the completed installation, in a manner acceptable to the City Engineer, shall also be submitted within said 60-day period.
Whenever such subsurface installation in a public street or sidewalk is abandoned or the use thereof is discontinued, the person owning, using, controlling or having an interest therein shall, within 60 days after such abandonment, file with the City Engineer a map showing in detail the location of the abandoned installation.
(Added by Ord. No. 150,478, Eff. 2/6/78.)
Each permittee shall ascertain the location of any subsurface installation within the street at or adjacent to the location of the permittee’s proposed excavation and shall further ascertain whether any such installation carries an unstable substance. Before any work of excavation is commenced, the permittee shall, at least two working days before the commencement of such work, notify the owner of any subsurface installation as to the location of the permittee’s proposed excavation and the date and time when work is scheduled to commence, or shall notify any central clearing house established for such purpose, or both, as such notification may be directed by the City Engineer.
In the event the proposed excavation is ascertained to be adjacent to and within six feet of the location of a subsurface installation carrying any unstable substance, the permittee shall cause potholes to be excavated as follows:
1. Where any such subsurface installation crosses a street transversely at the location of the proposed excavation, at least two potholes shall be excavated at each such transverse crossing; and
2. Where any such subsurface installation runs longitudinal to the street, potholes shall be excavated at intervals of 100 feet.
Potholes shall be excavated at closer intervals than 100 feet or in excess of the minimum number required at transverse crossings if such additional potholes are needed in order to adequately locate any such subsurface installation. Power tools shall not be used for excavating potholes except for breaking pavement. Other approved locating methods may be substituted for potholing provided that the permittee has first obtained written permission therefor from the City Engineer.
The permittee shall hold harmless and indemnify the City, its officers agents and employees of and from any and all liability or responsibility for any property damage or loss or injury or death to any person arising out of or occurring as the proximate result of any of the excavation.
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