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A permit issued for street surface improvements or a permit issued for an excavation under this chapter shall provide that the permittee shall indemnify, save, and keep the city, its officers, agents, and employees, free and harmless from and against any and all claims for injury, damage, loss, liability, cost, and expense of any name or nature whatsoever, which the city, its officers, agents, and employees may suffer, sustain, incur, or pay out as a result of any and all actions, suits, proceedings, claims and demands which may be brought, made or filed against the city, its officers, agents, and employees by reason of or arising out of, or in any manner connected with, any and all operations authorized or permitted by the permit, until all work authorized or permitted by the permit shall have been completed to the satisfaction of the city engineer and has been accepted in writing by the city engineer.
(Prior code § 12.04.060 (Ord. 487 § 5, 1960))
A. No permit to make an excavation on any street, alley, or other public place shall be granted by the city engineer unless the applicant posts with the city engineer a cash deposit or surety bond to guarantee performance of the work and restoration of the city property as required in this chapter. The amount of the cash deposit shall be determined as follows:
1. Seventy-five cents for each square foot of area of proposed excavation in or under any type of pavement or surfacing material;
2. Fifteen cents for each square foot of area of proposed excavation which is not in or under pavement or surfacing of any kind;
3. The minimum deposit shall be twenty-five dollars and the maximum shall be one thousand dollars; provided, that if the maximum deposit is posted, it shall cover any number of permits the depositor may require while the deposit is maintained.
B. If the applicant elects to post a surety bond in lieu of the cash deposit, the bond shall name the city as obligee, shall be executed by the applicant as principal and by a corporation authorized and licensed so to do by the state as surety, and shall be in the principal sum of one thousand dollars. The bond shall be conditioned upon performance of all work and the restoration of all city property altered or damaged pursuant to any permit issued to the applicant under this chapter in the manner provided in this chapter. Any number of permits may be issued under the bond and the liability of the surety on any such bond may be terminated as to future acts or omissions only by the filing of a written notice thereof at least ten days before the effective date of such termination.
(Prior code § 12.04.100 (Ord. 496, 1960: Ord. 487 § 10, 1960))
Any deposit made for an excavation permit pursuant to Section 12.08.070 may, at the request of the person making the deposit, be refunded to such person upon the completion and acceptance by the city engineer of any work authorized under an excavation permit. If the deposit is refunded, a new deposit shall be required if a new permit is to be obtained.
(Prior code § 12.04.110 (Ord. 487 § 12, 1960))
Every applicant for an excavation permit under this chapter shall pay to the city permit and inspection fees for all excavation involving unimproved dirt, oil dirt, A. C. paving, concrete sidewalk, curb and gutter, driveway aprons and such other matters as established by the city engineer, in such amount as shall be from time to time adopted and approved by resolution of the city council.
(Ord. 79-10-830 § 7: prior code § 12.04.070 (Ord. 487 § 6, 1960))
Neither the United States nor the state of California nor any body politic and corporate officer, board, or agency of any thereof shall be required to pay any permit or inspection fee, or deposit or a bond as provided in this chapter. Also any contractor making an excavation for an exempt political body or agency shall be exempt from such fees and deposits and bonds with respect to such work. A deposit or bond shall not be required of a public utility having lawful authority to occupy the streets and highways unless such public utility has violated the provisions of a previous permit.
(Ord. 72-12-695 § 1: prior code § 12.04.090 (Ord. 487 § 8, 1960))
Any person engaged in making an excavation or street surface improvement pursuant to a permit issued under this chapter, shall at all times while such work is in progress keep the original or a copy of the permit at the site of such excavation or street surface improvement and shall, upon demand, exhibit such permit to the city engineer or any of his inspectors or employees or to any police officer.
(Prior code § 12.04.220 (Ord. 487 § 20, 1960))
A. The city engineer may refuse to issue a permit for street surface improvements or an excavation in a public street if such person has within two years prior to the application therefor violated this chapter by failing to do the following:
1. Remove excess materials and debris within three days after completion of the work;
2. Pay any fees for permits or charges for placing barricades or lights, or both, as provided by this chapter;
3. Remove and replace such work previously constructed by such person, which work does not comply with plans, grades, specifications or the provisions of this chapter pertaining thereto.
B. The city engineer may also refuse to issue a permit for street surface improvements in an area where, in the opinion of the city engineer, the area will not have adequate slope for stormwater drainage or the construction of such improvement will endanger the health and welfare of the public.
(Prior code § 12.04.120 (Ord. 487 § 22, 1960))
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