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A. In addition to the requirements of this chapter, cable television franchisees and licensees shall construct facilities in accordance with the provisions of Chapter 5.28 of this code. In the event of any conflict between the requirements of this chapter and the provisions of Chapter 5.28, the provisions of Chapter 5.28 shall govern.
B. All utility installations permitted under this chapter shall, upon demand of the director, be relocated or modified if required by the city to avoid potential conflicts with a proper governmental use of a public right-of-way. All expenses incurred in relocating, lowering lines, potholing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee.
C. Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall furnish as built plans of the installation showing a correct plan view to scale, details and a profile showing the locations of all elements of the installation based on data obtained in the field during construction.
D. Permittees other than utility companies shall comply with the following additional requirements:
1. Permittee shall take out, pay for and maintain during the period in which the permit is in effect, a policy of public liability and property damage insurance protecting permittee, permittee's agents and employees against any liability, injury or death sustained or suffered by the public or damage to the property of the public by reason of the work carried on under the permit. The public liability insurance shall be for the limits of at least three hundred thousand dollars ($300,000.00) for injury to one and five hundred thousand dollars ($500,000.00) for injury to more than one person, and the property damage insurance limit shall be at least one hundred thousand dollars ($100,000.00). The insurance shall be placed with a company satisfactory to the risk management division of city, prior to the date that work under the permit is commenced. The policy or policies of insurance shall name the city, its officers and employees as additional named insured's and shall contain an endorsement precluding cancellation or reduction in coverage without giving the risk management division at least ten (10) days' written notice prior thereto.
2. If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the risk management division a bond or other security approved by the risk management division in the amount specified on the face of the permit, said bond or other security to fully assure the performance by permittee of all obligations imposed upon permittee under the provisions of the permit and this chapter. (Ord. 2009-022 § 2)
Violation of the terms, conditions and requirements of this chapter and any permit issued pursuant to this chapter by the permit holder shall subject the permit holder to the following actions and penalties:
A. Administrative Penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.
1. Notwithstanding any contrary provision of this code, each day a violation of the following code provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:
a. Section 12.12.020;
b. Section 12.12.070;
c. Section 12.20.080.
2. If applicable, additional administrative penalties may be assessed in accordance with the provisions of Chapter 12.20.
3. The administrative penalty for each violation of any provision of this chapter shall be seven hundred and fifty dollars ($750.00). Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.
4. In addition to the aforementioned penalties, the city may withhold issuance of permits for encroachment or excavation in a city street (issued pursuant to Chapter 3.76 or Chapter 12.12 of this code) to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two-year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.
B. Imposition of the Administrative Penalties. The administrative penalty order shall be imposed in accordance with the provisions of Section 128.010 of this code, and shall contain the following:
1. The name and address of the violating party, if known;
2. The location, date and time of the violation;
3. A description of the act(s) or condition(s) violating this chapter;
4. The amount of the administrative penalty, with instructions for submitting payment to the city;
5. A statement indicating that the administrative penalty may be appealed, in accordance with the provisions of Section 1.28.010(D)(4) of this code, by filing a written notice of appeal with the city clerk no later than twenty (20) days after the order is issued to the violator;
6. A statement indicating that the order imposing the administrative penalty shall be final if it is not appealed within the time required;
7. A statement indicating that a party upon whom a final administrative penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of Civil Procedure Sections 1094.5 and 10946.
All other remedies available to the city including, but not limited to, criminal and civil proceedings. (Ord. 2009-022 § 2)
It is unlawful for any person to make or cause to be made any excavation in the public right-of-way, or any other public place for the installation, repair or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other purpose without first obtaining from the director an encroachment permit in compliance with this article. (Ord. 2009-022 § 2)
In addition to the requirements for an encroachment permit set forth in Article I, an application to excavate shall include the following:
A. The specific location and area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes. The applicant shall attach to the application form a plan showing the location of the proposed excavation, the dimensions thereof, and any other details the director may require.
B. Except as otherwise provided by franchise or agreement, at the time any permit is issued for excavation of a paved street, the applicant shall pay a trench cut cost recovery fee, in addition to the fee required by Article I of the chapter. The fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to the pavement located adjacent to the trench where the excavation occurs. The fee shall be highest for excavations in newly surfaced streets and shall decrease as the age of the street surface being excavated increases. The amount of the trench cut cost recovery fee shall be established from time to time by resolution of the city council. The director shall adopt procedures requiring the payment of the trench cut cost recovery fees by all city departments and divisions performing excavations in city streets.
C. The trench cut cost recovery fee required by subsection B of this section, shall not be charged for the following excavations: (1) excavations in a street that the city has scheduled for resurfacing either during the fiscal year (July 1st through June 30th) when the encroachment permit is issued or during the immediately following fiscal year; (2) excavations in a street where the existing pavement quality is already so poor that the pavement quality index, as defined by the city's pavement management system, is less than four on the date the encroachment permit is issued; (3) excavations for potholing or to install utility poles; (4) excavations that will include resurfacing of the street where the excavation is made, provided that the resurfacing is approved by the director; and (5) excavations made for a utility relocation required by the city to accommodate a proper governmental use of a street, alley, sidewalk or other public place. As used in this chapter, the term resurfacing shall mean any repaving, overlay, seal or reconstruction which constructs a new pavement surface over the entire width of the street, excluding crack seals.
D. All moneys paid to the city under subsection B of this section, shall be deposited in a special fund or funds and shall be expended only for the resurfacing of city streets.
E. Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an encroachment permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.
F. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in the public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the public right-of-way. (Ord. 2009-022 § 2)
Unless otherwise specified in the permit, restoration of the pavement or other surface of any right-of-way or other public place shall be performed by the permittee. Nothing in this section shall relieve the person opening or tearing up any pavement from the responsibility to maintain the excavation or installation in a safe condition until it is repaved or restored.
If the temporary pavement over an excavation is not maintained in a safe and acceptable manner until restored, and the permittee does not respond or is not able to respond in a timely manner to repair or replace any temporary pavement as required by the director, the director may cause the work to be done. The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. (Ord. 2009-022 § 2)
A. No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained.
B. All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. The standards and requirements may vary for different excavations, taking into consideration relevant factors, such as: (1) the location, type and extent of excavation performed, (2) the condition of the surface being excavated, and (3) the period of time elapsed since the construction or most recent resurfacing of the surface being excavated. The standards and requirements shall be reviewed at least once every five years to determine whether any changes can be made to prevent or substantially reduce the degradation and damage caused to the street surface by excavation. As part of such review, the director shall provide affected utility companies with an opportunity to review and comment upon the standards and requirements and any changes proposed thereto.
C. The excavated pavement and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the director. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.
D. Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping. (Ord. 2009-022 § 2)
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