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(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.
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.08 by Ord. No. 182,237, Eff. 9/28/12.)
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.09 by Ord. No. 182,237, Eff. 9/28/12.)
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.10 by Ord. No. 182,237, Eff. 9/28/12.)
(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Work Subject to Provisions Governing Performance. Performance of work authorized by an excavation permit issued under the provisions of Section 62.02 shall be governed by the provisions of this section.
EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section 64.17 and performance of work being done under the Permit “A” and Permit “B” provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works.
(b) Notification of Start of Work. The permittee shall notify the Bureau of Contract Administration not less than one working day prior to starting work on any excavation. In the case of an excavation by a department of this City, such notification shall be made by the responsible supervisor. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(c) Prosecution of Work. Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary.
If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit.
(d) Permits to Be Kept on Job Site. Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer.
(e) Lateral Support. All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by the permittee’s operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries.
(f) Safety. All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section 62.02 until all charges by the City have been met.
(g) Methods of Removal. No material shall be removed from any street in any manner which would render such street impassable or dangerous to public travel.
(h) Excavations Through Cement Surfaces. When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specifications established by the Board or the City Engineer.
(i) Provisions for Traffic Safety. Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street inter- section, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained.
Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee.
(j) Traffic Control in Work Areas. Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled “Work Area Traffic Control Handbook (WATCH)” approved by the Board.
If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this Code.
(k) Site Maintenance.
(1) Access to Hydrants and Water Valves. Free access must be provided at all times to all fire hydrants and water valves.
(2) Confinement of Excavated Material. When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times.
(3) Maintenance of Gutters. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained.
(l) Backfilling. Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer.
(m) Resurfacing. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(1) Temporary Resurfacing. Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Resurfacing after compaction shall be not less than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. The surface after compaction shall conform to the finished surface of the adjacent roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for members of the public, at the maximum speed permitted by law.
(2) Maintenance of Temporary Resurfacing. The permittee shall maintain the surfacing so that it is safe for members of the public until the excavation is permanently resurfaced.
If it is impracticable to maintain the surface of the backfill in a safe condition for members of the public, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced in accordance with all permit conditions and any other City-imposed requirements.
In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing.
(3) Permanent Resurfacing. Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a Public Street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section 62.02 will be permanently resurfaced by the permittee. Unless otherwise provided by permit or franchise, the permittee shall mark each resurfacing in the manner prescribed by the City Engineer.
The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of public safety and welfare. Any immediate resurfacing requirement shall be specified on the permit.
Leakage detection holes in any Public Street shall be immediately repaired in the manner prescribed by the Board.
When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. Restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. Restoration beyond the nearest scoring shall be required when necessary to transition an ADA compliant sidewalk to non-ADA compliant sidewalk. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation, or removal of a pole or pole anchor. Construction of the walk, driveway, or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction.
(n) Final Inspection Required. (Amended by Ord. No. 187,666, Eff. 12/19/22.) It shall be unlawful for a permittee to fail to request a final inspection after completion of work. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
(o) Responsibility and Warranty of Work. (Added by Ord. No. 187,666, Eff. 12/19/22.) Unless otherwise provided by the written terms of a permit or franchise, the permittee shall be responsible for the integrity of all work authorized or required pursuant to an excavation permit under Section 62.02
throughout the course of such work and throughout and including a period of five years following the request for final inspection after completion of the work. Any subsequent request for final inspection shall restart the five-year warranty. It shall be unlawful for a permittee to fail to complete a warranty repair within the time period specified by the Board or its designee, not to exceed six months. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
Any person, including any City Department or Proprietary Department, performing work without a permit under Section 62.02, or who fails to request a final inspection, shall be responsible for the integrity of such work for the lifetime of the work.
Unless otherwise provided by franchise, all permits issued pursuant to Section 62.02 shall include a provision requiring the permittee to defend, indemnify, and hold harmless the City and all of the City’s boards, officers, agents, employees, assigns, and successors in interest from any injury, harm, or liability of any kind caused by permittee’s work.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
(a) Excavation Permit Fees. (Amended by Ord. No. 184,054, Eff. 3/6/16.)
1. Fixed Fee Permits. For an excavation of 1,000 square feet of area or less, except for fees subject to the provisions of Subdivision 2. of this subsection, the Bureau of Engineering shall charge and collect the following permit and inspection fees:
(aa) Excavation Utility (U) Permit. Excavation utility (U) permits are issued to public utilities regulated by the Public Utilities Commission of the State of California, and except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (U) permit is $191. The fee to inspect each U permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
(bb) Excavation (E) Permit. Except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (E) permit is $438. The fee to inspect each E permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
(cc) Special Inspection Charges. In addition to the fees identified in Paragraphs (aa) and (bb) of this subdivision, the Bureau of Engineering may, when the Bureau of Engineering or the Bureau of Contract Administration determines that additional inspections beyond those ordinarily required in overseeing work permitted by an excavation utility (U) permit or excavation (E) permit are required, charge a fee for additional inspections. The fee for conducting additional inspections pursuant to the provisions of this paragraph is $95 per hour, except that there will be a minimum four hour charge of $380 for inspections on weekends or on any day determined to be a holiday pursuant to the provisions of Section 4.119 of the Los Angeles Administrative Code.
The charges authorized by this paragraph shall apply to all fixed fees imposed or collected by the Bureau of Engineering for the issuance or administration of any permit authorized by this Code where the Bureau of Engineering or the Bureau of Contract Administration, requires inspections in addition to those paid for by the underlying fee.
2. Actual Cost Permits. The fee to process a (U) or (E) excavation permit for an excavation of more than 1,000 square feet in area, or to process a (U) or (E) excavation permit for an excavation of 1,000 square feet or less in area where the Bureau of Engineering determines that due to the complexity of the permitted work it would cost more to issue and administer a permit than would be collected pursuant to the provisions of Subdivision 1. of this subsection, is the actual cost of services provided by the City for issuance and oversight of the permit and the permitted project, except for costs that may be incurred by a Proprietary Department subject to the provisions of Article VI of the City Charter, and except for the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee. The actual cost determination shall include, but not be limited to, all direct and indirect labor costs, retirement and overhead costs, costs for plan checking and engineering services, project inspection costs, and the costs of testing materials. Before the Bureau of Engineering may issue a permit subject to the provisions of this subdivision, the applicant must deposit with the Bureau an amount that the Bureau estimates will be the actual costs owed pursuant to the provisions of this subdivision.
For permits and projects that are subject to the provisions of this subdivision, if before completion of the permitted project the Bureau of Engineering determines that additional funds are needed to compensate the City for the actual cost of issuance and oversight of the permit and permitted project, the City may halt all work on the project for which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the City for the actual cost of providing its services. At the conclusion of providing the requested services, if actual costs to the City are less than the amount deposited, the applicant shall be refunded the difference. The City shall not approve any permitted project until all monies owed pursuant to the provisions of this subdivision are paid. Notwithstanding the first sentence of this subdivision, the City reserves the right to impose additional fees and charges for services provided or costs incurred that were not included in the basis of the determination of the actual cost of City services.
3. Tie-Back fees. In addition to the fees imposed pursuant to the provisions of Subdivisions 1. and 2. of this subsection, the following fees shall apply to excavations requiring shoring that contain tie-backs:
(aa) For each tie-back installed in a public right-of-way, a fee of $623.
(bb) For each de-tensioned anchor rod left in place less than 20 feet below the street surface within a public right-of-way, a fee of $2,101.
4. Resurfacing Charges. When an excavation subject to the provisions of Paragraph (bb) of Subdivision 1. of this subsection requires the resurfacing of public streets or alleys, or replacing sidewalks, curbs or gutters, the Bureau of Engineering shall charge and collect applicable fees identified in Subsection (b) of Section 62.109.
(b) Resurfacing Charges.
1. Schedule of Fees. (Amended by Ord. No. 157,341, Eff. 2/13/83.)
aa. The Board, with concurrence of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.) shall determine on a regular basis, the verifiable costs of the City for services provided by the City whenever the improved surface of an excavated or damaged street is replaced by the Board, or the restoration of an unimproved surface of a street is subject to inspection by the Board. Those costs shall be used by the Board to develop, and at any time during each fiscal year but not later than April 1 the Board shall adopt a cost recovery schedule of applicable charges necessary to recover City costs of inspection and other services performed with respect to a specific type of work or improvement.
For the purposes of this section, the word “excavation,” or any derivation thereof, shall mean each single continuous broken surface area of a street, sidewalk, driveway, curb, pavement or gutter.
The schedule of charges shall be based upon verifiable costs of surface replacement or restoration, including inspection costs, direct labor and material costs, retirement costs on direct labor, and departmental and general City overhead applicable to the inspection or the type of work or improvement involved. It shall take into consideration the number of permits issued and affected by those charges within the period of time used for reference in the development of charges. Charges for unimproved areas or areas permanently resurfaced by a permittee, for asphalt concrete pavement, for concrete pavement, gutter, or driveway, and for concrete sidewalks shall be measured at a rate per square foot; for concrete curbs at a rate per linear foot; and for leakage detection holes and for stake holes, at a rate for each hole.
The schedule shall also provide for, and the Board shall collect, a minimum charge applicable to each particular type of work or improvement otherwise in effect under the schedule. The minimum charge shall be calculated on the following basis:
(1) For unimproved areas or areas permanently resurfaced by a permittee, a minimum charge equal to the City charge in effect for a unit of 100 square feet of such work;
(2) For asphalt concrete pavement, and for a concrete pavement gutter, driveway, or sidewalk, a minimum charge equal to the City charge in effect for a unit of 10 square feet of such work;
(3) For concrete curb, a minimum charge equal to the City charge in effect for a unit of 3 linear feet of such work; and
(4) For leakage detection and stake holes, a minimum charge equal to the City charge in effect for a unit of 4 holes.
bb. Upon the adoption of a schedule of verified costs by the Board as provided herein, the Board shall transmit copies of the Board order to the Mayor and to the City Council. At any time within 30 days after the receipt of the Board order, the Mayor, by writing, or the Council, by majority vote, may disapprove the Board order. If neither the Mayor nor the City Council disapproves the Board order within the 30-day period, the schedule shall become effective, and the Board shall collect charges according to the new schedule.
2. Minimum Charge for Each Type of Resurfacing. The minimum charge for each permit to cover the cost of inspection of the restoration of unimproved areas will only be made when no other type of resurfacing is included in the permits. If another type of resurfacing is included, the charge for inspection of the restoration of unimproved areas will be based upon the actual area excavated times the unit charge for such inspection. The minimum charges for all other types of resurfacing will be made, when applicable, whenever any such resurfacing is actually placed regardless of whether one or more types of resurfacing is involved.
3. Minimum Charge for a Permit. On permits issued where no resurfacing is actually done, a minimum charge of $31.00 will be made. The fee herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No 168,734, Eff. 5/31/93.)
(c) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(d) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(e) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(f) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(g) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
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