(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, manhole 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 LAMC 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. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
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 with 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.
2. Exception. The provisions of this Subsection shall not apply to the Federal Government, the State of California, any county, city or 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.
3. Amounts. The policy of insurance required by the provisions of this Subsection shall provide the following minimum coverage:
Bodily Injury: $250,000 for each person
$500,000 for each occurrence
$500,000 aggregate - products and completed operations
Property Damage: $100,000 for each occurrence
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 where it determines that such coverage is required to adequately protect the City.
4. 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 this Subsection, 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 Bureau of Engineering and approved as to form and legality by the City Attorney. 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 provisions of this Subdivision pertaining to the length of time it maintains custody of a cash deposit or the length of the effectiveness of a surety bond.
(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. 182,237, Eff. 9/28/12.) Every permit issued pursuant to the provisions of this Section shall expire unless the permitted excavation has begun within six months from the date of issuance of the permit, and the Bureau shall not grant any extensions of time in which to begin the work. Once permitted excavation work has begun, the work must be diligently prosecuted to completion. If excavation work has not begun within six months from the date of issuance of a permit issued pursuant to the provisions of this Subsection, the permit is cancelled and the Bureau of Engineering shall impose and collect a fee pursuant to the provisions of Section 62.05(a)(1).
(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.)