No person shall obtain a building permit that is required by the City for work in or
over any natural watercourse, drainage way, canyon, ravine, arroyo or other potential flood hazard area
without first having obtained a grading permit from the City. The fee for such permit shall be as
established by resolution of the City Council, as provided in Title 1 of this code. (Ord.
2D-79 § 5(a)) (Ord. No. 10A-94, Amended, 10/04/94)
No person shall do any grading without first
having obtained a grading permit from the director of planning except for the following:
2. Does not create a
cut slope greater
than five feet in height and steeper than one and one-half horizontal to one vertical;
B. A fill less than
one foot in depth
and placed on natural terrain with a slope flatter than
five horizontal to one vertical and which does not exceed one hundred cubic yards on any one
site and does not obstruct a drainage course;
C. An excavation
below finished grade
for basements and footings of a building, retaining
wall or other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation nor exempt any excavation having an unsupported height
greater than five feet after the completion of the structure;
D. Excavation or
deposit of earth
materials within a property which is dedicated or used, or
to be used for cemetery purposes not obstructing a watercourse except where the grading is
within one hundred feet of the property line or intended to support structures;
E. Mining,
quarrying, excavating,
processing, stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law; provided, that the operations do not affect the
lateral support or unduly increase the stresses in or pressure upon any adjacent or contiguous
property;
F. Grading in an
isolated, self-contained area if the director of planning finds that no apparent danger to private or
public
property can now or thereafter result from the grading operations;
G. Grading in
public
rights-of-way and easements done under a permit issued by the office of the director of
planning;
H. Grading by a
public utility company
in private easements which do not obstruct a natural
watercourse;
I. Sanitary landfills
and refuse disposal
areas which are regulated by an appropriate
governmental agency;
J. Grading by
departments of the city
or grading by contractors on city projects. (Ord. 2D-79
§ 5(b))
(Ord. 11-2007, Amended, 11/06/2007)
A. Each application
for a grading
permit shall be accompanied by two sets of plans,
specifications and a soil report, except when waived by the city engineer for minor or
insignificant work. The plans, specifications and soil report shall be prepared and signed by an
engineer licensed by the state.
B. Exceptions.
1. Plans and
specifications need not be prepared by a licensed engineer if the director of planning in
cooperation
with the city engineer waives the requirement because technical engineering is not required, and
all
other laws and regulations are complied with.
2. When waived by
the city engineer in cases where soils and geologic conditions are not significant factors in the
design, a
soil report need not be submitted.
3. Plans,
specifications and soil reports shall not be required by the director of planning for work in
a legal subdivision, or for work which is in an area under an approved site plan required by the
zoning ordinance, provided the subdivision or site plan approval is granted subsequent to the
effective date of the ordinance codified in this chapter. The requirements of this chapter shall be
fulfilled during the approval process of the subdivision or site plan. (Ord. 2D-79 §
8(b))(Ord. 11-2007, Amended, 11/06/2007)
A. Plans shall be
drawn to scale upon
substantial paper, polyester film or cloth and shall be
of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give the location of the work and the name
and address of the owner and engineer by whom they were prepared. The plans shall show, but
need not be limited to, the following information:
2. Property limits
and accurate contours
of existing ground and details of terrain and area
drainage. All elevations shall be to U.S. Coast and Geodetic Survey datum;
3. Limiting
dimensions, elevations,
slopes and finish contours or elevations to be achieved
by the grading, and proposed drainage channels and related construction;
4. Detailed plans of
all surface and
subsurface drainage devices, walls, cribbing, dams and
other protective devices to be constructed with, or as a part of, the proposed work, together with
a map showing the drainage area and the estimated runoff of the area served by any drainage
system;
5. Location of any
buildings or structures
on the property where the work is to be performed
and the location of any buildings or structures on land of adjacent property owners which are
within fifteen feet of the property or which may be affected by the proposed grading
operations;
6. Provisions for
on-site retention of storm water, unless waived by the director of planning with the approval of
the city
engineer, or otherwise not required by this chapter;
7. Any additional
plans, drawings, specifications or calculations reasonably required by the city engineer.
B. Specifications
shall contain information covering construction and material requirements.
C. Plans and
specifications shall be based on the soil report when such a report is required.
(Ord. 2D-79 § 8(c))(Ord. 11-2007, Amended, 11/06/2007)
The soil report shall show the information
obtained from
surface, subsurface and geological
investigations necessary to provide information on which to base the design of the proposed
project. The report shall include, but need not be limited to, pertinent data as applicable to the
proposed project, concerning:
C. Conclusions and
recommendations
for grading requirements including the correction of
weak and/or unstable soil conditions;
D. Opinions and
recommendations covering
the adequacy of site to be developed by the
proposed grading operations. (Ord. 2D-79 § 8(d))
A. The issuance of
a grading permit shall constitute an authorization to do only that work which is described or
illustrated
on the application for the permit or on the site plans and specifications approved by the director
of
planning.
B. The issuance of
a permit or the approval of drawings and specifications shall not be construed to be a permit for,
nor an
approval of any violation of or deviation from the provisions of this chapter or any other
ordinance, law,
rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this
chapter
or deviation therefrom, ensued. When the violation occurs, the permit shall be deemed to be
cancelled
and the ground restored to the condition it was in prior to start of the grading work.
C. The issuance of
a permit, based upon drawings and specifications, shall not prevent the director of planning from
thereafter requiring the correction of errors in the drawings and specifications or from stopping
unlawful
construction operations being carried on thereunder. (Ord. 2D-79
§ 9(a))(Ord. 11-2007, Amended, 11/06/2007)
Permits issued under the requirements of this
chapter shall
not relieve the owner of
responsibility for securing required permits for work to be done which is regulated by any other
ordinance, department or division of the city or other governing agency. (Ord. 2D-79 §
9(b))
A. The permittee
shall fully perform
and complete all of the work required to be done
pursuant to the grading permit within the time limit specified. If no time limit is specified, the
permittee shall complete the work within one hundred eighty days after the date of the issuance
of the grading permit.
B. If the permittee
is unable to complete
the work within the specified time, he shall, prior to the expiration of the permit, present in
writing to the
city engineer a request for an extension. If, in the opinion of the director of planning, such an
extension
is warranted, he may grant additional time for the completion of the work. (Ord. 2D-79 §
9(c))(Ord. 11-2007, Amended, 11/06/2007)
All persons performing any grading operations
shall comply with all state, federal and local laws and put into effect all safety precautions which
are
necessary in the opinion of the director of planning and provide adequate anti-erosion and/or
drainage
devices, debris basins, or other safety devices to protect the life, limb, health and welfare and
private
and public property of others from damage of any kind. (Ord. 2D-79 § 9(d))(Ord. 11-2007,
Amended, 11/06/2007)
In granting any permit under this chapter, the
director of planning may attach such conditions as may be reasonably necessary to prevent
creation of
a nuisance or hazard to public or private property. Such conditions may include, but shall not be
limited
to:
B. Requirements
for fencing of excavations or fills which would otherwise be hazardous;
C. Improvement of
any existing site condition to bring it up to the standards of this chapter.
(Ord. 2D-79 § 9(e))(Ord. 11-2007, Amended, 11/06/2007)
Neither the issuance of a permit under the
provisions of
this chapter nor the compliance with
the provisions of this chapter, or with any conditions imposed in the permit issued under this
chapter, shall relieve any person from responsibility for damage to other persons or property, nor
impose any liability upon the city for damage to other persons or property. (Ord. 2D-79 §
9(f))
Should the director of planning find the work
under any
permit issued under these provisions is not proceeding in accordance with the drawings,
specifications,
and details of the application which the permit was issued, and/or is proceeding in violation of
this
chapter or any other ordinance of the city, or should he find that there has been any false
statement or
misrepresentation as to a material fact in the application, payment for the permit or plans on
which the
permit was based, the director of planning shall notify the person obtaining the permit and the
owner
that such work fails to conform to the permit, or that the permit was obtained by false
representations
and that the failure in obtaining the permit be corrected without delay. If the owner or person
obtaining
the permit fails or refuses to make such correction within the time specified in the notice, the
director of
planning shall revoke the permit and serve notice of the revocation upon the person to whom the
permit was issued. The notice shall be in writing and signed by the director of planning. It is
unlawful
for any person to proceed with any part of the work after the notice is served. (Ord. 2D-79
§ 9(g))(Ord. 11-2007, Amended, 11/06/2007)
If, in the opinion of the director of planning, the
land
area for which grading is proposed is subject to geological or flood hazard to the extent that the
proposed corrective work will not eliminate or sufficiently reduce the hazard to human life or
property,
the grading permit and the building permits for habitable structures shall be denied. (Ord. 2D-79
§ 10(a))(Ord. 11-2007, Amended, 11/06/2007)
The city engineer shall not issue a permit in any
case where
he finds that the work as proposed
by the applicant will endanger any private property or result in the deposition of debris on any
public way or seriously interfere with any existing drainage course. However, if it can be shown
to the satisfaction of the city engineer that the hazard would be essentially eliminated by the
construction of retaining structures, buttress fills, drainage devices, or by other means, the city
engineer may issue the permit after the applicant has complied with Sections 12.12.100 and
12.12.110. (Ord. 2D-79 § 10(b))
No grading permit shall be issued without payment to the City of all
grading permit fees. Such fees shall be established by resolution of the City Council, as provided in
Title
1 of this code.(Ord. 2D-79 § 11) (Ord. No. 10A-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
A. A permit shall
not be issued for more than one thousand cubic yards of grading or for grading that can affect
adjacent
property or drainage unless the permittee shall first post with the director of planning a cash bond
or a
bond executed by the owner and a corporate surety authorized to do business in this state as a
surety in
an amount sufficient to cover the cost of the project, including corrective work necessary to
remove
and eliminate geological hazards, all as determined by the director of planning.
B. The bond (cash
or surety) shall include penalty provisions on a form approved by the city attorney for failure to
complete the work on schedule. (Ord. 2D-79 § 12(a))(Ord. 11-2007, Amended,
11/06/2007)
Every bond shall include the conditions that the
permittee shall:
A. Comply with all
of the provisions of this chapter and other applicable laws and ordinances;
B. Comply with all
of the terms and conditions of the permit for excavation or fill to the satisfaction of the director
of
planning;
C. Complete all of
the work contemplated under the permit within the time limit specified in the permit or in
subsection A
of Section 12.12.140. The director of planning may, for sufficient cause, extend the time
specified in the
permit but no such extension shall release the surety upon the bond. (Ord. 2D-79 §
12(b))(Ord.
11-2007, Amended, 11/06/2007)
Chapter Index
Section Index
The term of each bond shall begin upon the date of filing and shall
remain in effect until the completion of the work to the satisfaction of the director of planning. In
the
event of failure to complete the work and failure to comply with all of the conditions and terms
of the
permit, the director of planning may order the work required by the permit to be completed to his
satisfaction. The surety executing the bond or deposit shall continue to be firmly bound under a
continuing obligation for the payment of all necessary costs and expenses that may be incurred or
expended by the city in causing any and all such required work to be done. In the case of a cash
deposit, the deposit or any unused portion thereof shall be refunded to the permittee. (Ord. 2D-79
§12(c))
(Ord. 11-2007, Amended, 11/06/2007)
A. In lieu of
providing assurance
of construction in the manner provided in Sections 12.12.220 through 12.12.240, the permittee
may
provide assurance of construction for grading improvements by delivering to the director of
planning,
prior to the issuance of a permit, an appropriate agreement between an approved lending
institution and
the permittee, stating that funds sufficient to cover the entire cost of performing the proposed
work,
including engineering and inspection costs, in an amount approved by the director of planning,
have
been deposited with the approved lending institution, or have been committed to be loaned by the
lending institution to the permittee. The agreement shall provide that the funds in the stated
amount are
specifically allocated, and will be used by the permittee, or on his behalf, only for the purpose of
performing the grading improvements. The city shall be the beneficiary of the agreement, or the
permittee's rights thereunder shall be assigned to the city and the director of planning shall
approve each
disbursement of any such funds. The agreement may also contain terms, conditions and
provisions
normally included by the lending institutions in load commitments for construction funds, or as
may be
necessary to comply with statutes and regulations applicable to the lending institutions.
B. In the event a
bond or
approved assurance for the proposed work is provided through some other ordinance or
stipulation, a
second assurance to fulfill this chapter will not be required. (Ord. 2D-79 §
12(d))
(Ord.
11-2007, Amended, 11/06/2007)
Cuts shall not be steeper in slope than one and
one-half
horizontal to one vertical unless a
retaining wall or other approved support is provided or unless the owner furnishes a soils
engineering report proving to the satisfaction of the city engineer that the proposed deviation will
be stable, will not endanger any property or result in the deposit of debris on any public way or
interfere with any existing drainage course. (Ord. 2D-79 § 13(a))
Cut slopes exceeding forty feet in vertical height
shall
be terraced. Drainage terraces are to be
a minimum of six feet wide, paved, and must carry water to a safe disposal area. Terraces shall
be cut at intervals not exceeding thirty feet vertically. Where only one terrace is required, it shall
be at mid-height. (Ord. 2D-79 § 13(b))
Chapter Index
Section Index
All material placed as fill shall be bladed and
graded to
a uniform surface and shall not be left
on the site as irregular dumping. (Ord. 2D-79 § 14(a))
A. All fill shall be
compacted to not less than the minimum densities as listed in this section and as determined in
accordance with ASTM D698-70. Field density shall be determined by ASTM D1556-64 and/or
standard methods for density of soil and soil-aggregate in place of nuclear methods (shallow
depth),
ASTM D2922-71.
| Location | Min. Density* |
|---|
| Under Structures | 95% |
| Parking lots, driveways, roads | 95% |
| Yards, open spaces | 80% |
* Unless a modification is indicated based on a
soils report.
B. Fills which will
support the foundations of structures shall be constructed under the supervision of an engineer
licensed
by the state. Exceptions:
1. Fills in
non-hillside
areas that are made for yard purposes and which do not exceed eighteen inches in depth need not
be
compacted;
2. Sanitary landfills
and refuse disposal areas which are regulated by an appropriate governmental agency.
C. When
foundations of structures are not to be supported by the fill, the city engineer may allow
deviations from
the above requirements if he finds that their strict enforcement is unduly restrictive for the
intended
purpose. (Ord. 2D-79 § 14(b))(Ord. 11-2007, Amended, 11/06/2007)
The area over which fills are to be made shall be
cleared
of all trash, trees, stumps, timber,
debris or other material not suitable as a foundation for a fill. Where slopes are five horizontal to
one vertical or steeper, scarifying or benching into sound bedrock or other competent material
shall be required. Five feet of the lowermost bench shall be exposed beyond the toe of the fill.
The bench shall be sloped for sheet overflow or a paved drain shall be provided. (Ord. 2D-79
§
14(c))
A. No fill shall be
made which creates an exposed surface steeper in slope than one and one-half horizontal to one
vertical.
B. The director of
planning may require that the fill be constructed with an exposed surface flatter than one and
one-half
horizontal to one vertical if this is necessary for stability and safety. Slopes of fills which are not
compacted in accordance with Section 12.12.290 may not exceed two horizontal to one vertical.
(Ord.
2D-79 § 14(d))(Ord. 11-2007, Amended, 11/06/2007)
The material to be used for fill shall be approved
by the director of planning prior to use when the fill is to support the foundations of structures.
No
organic material shall be permitted in fills. Except as permitted by the director of planning, no
rock or
similar irreducible material with a maximum dimension greater than eight inches shall be buried
or placed
in fills. (Ord. 2D-79 §14(e))(Ord. 11-2007, Amended, 11/06/2007)
Chapter Index
Section Index
All fill slopes in excess of thirty feet vertical
height
shall have paved drainage terraces at
vertical intervals not exceeding twenty-five feet. Where only one terrace is required, it shall be at
mid-height. Terraces shall drain into a paved gutter, pipe or other watercourse adequate to
convey the water in a safe disposal area. The terrace shall be at least six feet wide. (Ord. 2D-79
§
14(f))
Fills toeing out on natural slopes which are
steeper than
two horizontal to one vertical will not
be permitted. (Ord. 2D-79 § 14(g))
A. Cuts and fills
shall be set back from property lines and buildings shall be set back from cut or fill slopes in
accordance with Figure No. 1 of the ordinance codified in this chapter, on file in the office of the
city
clerk. Retaining walls may be used to reduce the required setback when approved by the city
engineer.
B. Fill placed on or
above the top
of an existing or proposed cut or natural slope steeper than
three horizontal to one vertical shall be set back from the edge of the slope a minimum distance
of six feet.
C. Building
foundations shall be set
back from the top of slope a minimum distance of six
feet for all cut slopes steeper than two horizontal to one vertical. No buildings shall be
constructed on cut or fill slopes steeper than three horizontal to one vertical.
D. The setbacks
given in this section are minimum and may be increased by the director of planning as approved
by the
city engineer if considered necessary for safety or stability or to prevent possible damage from
water,
soil or debris. (Ord. 2D-79 § 15)(Ord. 11-2007, Amended, 11/06/2007)
No person shall alter any natural drainage course
or existing
drainage facility in such a way as
to damage or endanger by flooding, erosion or any other means any public or private property or
improvements. (Ord. 2D-79 § 16(a))
All drainage facilities shall be designed to carry
surface
waters to the nearest practical street,
storm drain, or natural watercourse approved by the city engineer and any other governmental
agency having jurisdiction as a safe place to deposit such waters. (Ord. 2D-79 §
16(b))
Chapter Index
Section Index
Adequate provision shall be made to prevent
surface waters
from damaging the face of an
excavation or fill. All slopes shall be protected from surface water runoff from above by berms
or swales. (Ord. 2D-79 § 16(c))
All swales or ditches on drainage terraces shall
be graded
to provide suitable drainage and
designed to prevent erosion and provide durability. (Ord. 2D-79 § 16(d))
A. Retention of
storm water shall
be required for all new subdivisions containing twenty or
more single-family residential lots or which consist of ten or more acres in gross area.
B. Except where
provisions for retention
of storm waters have been made as stipulated in
subsection A of this section, on-site retention of storm water shall be required for all
developments equal to or exceeding one-half acre in size unless the site is served by a storm
sewer, channel or natural drainageway having an adequate outlet capacity from the development
to a major drainage outfall such as, but not limited to, a storm drain or natural watercourse
approved by the city engineer as a safe place to deposit such waters.
C. Storm water
retention provisions shall be adequate to contain the computed difference of water volumes
between the
historic and developed flows resulting from a one-hundred-year frequency storm. The tributary
area
used in the computation shall be the area of the subdivision or the development site. The method
of
water volume computation shall be in accordance with the standards available to the public and
on file
with the director of planning. The requirement for on-site retention may be waived by the
director of
planning if he determines that the retention is impractical because of, but not limited to steep
terrain,
poor percolation, or incompatibility with existing or surrounding improvements. The director of
planning
may require additional drainage studies or reports in such cases to determine if a critical drainage
problem will be created on adjacent or downstream properties. (Ord. 2D-79 § 17)(Ord. 11-
2007, Amended, 11/06/2007)
All fills used or intended to be used for the
support of foundations of structures and, when required by the director of planning, all grading
affecting
stability of adjacent property, shall be performed under the supervision of a project engineer
registered
in the state and shall be designated "supervised grading." Grading not supervised in
accordance with Sections 12.12.410 through 12.12.440 shall be designated "regular
grading." (Ord. 2D-79 §18(a))(Ord. 11-2007, Amended, 11/06/2007)
The director of planning may inspect the work,
and
may require adequate inspection and compaction control by a soils testing agency.
(Ord. 2D-79 § 18(b))(Ord. 11-2007, Amended, 11/06/2007)
Chapter Index
Section Index
A. For supervised
grading, it shall be the responsibility of the project engineer to supervise and coordinate all site
inspection and testing during grading operations. Soils reports shall also be required as specified
in
Sections 12.12.080 through 12.12.110. All necessary reports, compaction data, and soils
engineering
and engineering geological recommendations shall be submitted to the director of planning by
the
project engineer.
B. Soil reports
certifying the compaction or acceptability of all fills shall be required except as exempted by
Section
12.12.290. These shall include, but not be limited to, inspection or areas cleared, compacted and
otherwise prepared to receive fill; the placement and compaction of fill material; the bearing
capacity of
the fill to support structures; and the inspection or review of the construction of retaining walls,
subdrains, drainage devices, buttress fills and similar measures.
(Ord. 2D-79 § 18(c))(Ord. 11-2007, Amended, 11/06/2007)
If, in the course of fulfilling his responsibility
under this chapter the project engineer finds that the work is not being done in conformance with
this
chapter or the plans approved by the director of planning, he shall immediately notify the person
in
charge of the grading work and the director of planning in writing of the nonconformity and of
the
corrective measures to be taken. (Ord. 2D-79 § 18(d))(Ord. 11-2007, Amended,
11/06/2007)
A. If, at any stage
of the work, the
city engineer determines by inspection that further
grading as authorized will endanger any property or result in the deposit of debris on any public
way or interfere with any existing drainage course, the city engineer shall require, as a condition
to allowing the work to be completed, that such reasonable safety precautions be taken as he
considers advisable to avoid such likelihood of damage.
B. Notice to
comply shall be submitted
to the permittee and owner in writing. After a notice
to comply is written, a period of ten days shall be allowed for the contractor to begin to make the
corrections unless an imminent hazard exists, in which case the corrective work shall begin
immediately.
C. If the city
engineer finds any
existing conditions not as stated in the grading permit or
approved plans, he may refuse to approve further work until approval is obtained for a revised
grading plan which will conform to the existing conditions. (Ord. 2D-79 § 19)
A. Compliance
with Plans and Requirements.
All permits issued under this chapter shall be
presumed to include the provision that the applicant, his agent, contractors or employees shall
carry out the proposed work in accordance with the approved plans and specifications and in
compliance with all the requirements of this chapter.
B. Protection of
Utilities. During
the grading operations, the permittee shall be responsible
for the prevention of damage to any street or drainage facility or to any public utility or service.
This responsibility applies within the limits of grading and along any routes of travel of
equipment.
C. Protection of
Adjacent Property.
The permittee is responsible for the prevention of
damage to adjacent property and no person shall excavate on land sufficiently close to the
property line to endanger any adjoining public street, sidewalk, alley or other public or private
property prior to supporting and protecting the property from settling, cracking or other damage
which might result. (Ord. 2D-79 § 20)
Chapter Index
Section Index
Whenever any existing excavation or
embankment or fill has
become a hazard to life and limb, or endangers property, or adversely affects the safety, use or
stability
of a public way or drainageway, such condition shall be deemed a nuisance and the owner of the
property upon which the excavation or fill is located, or other person or agent in control of the
property, upon receipt of notice in writing from the director of planning shall, within the period
specified
therein, repair or eliminate the excavation or embankment so as to eliminate the hazard and be in
conformance with the requirements of this chapter. (Ord. 2D-79 § 6)(Ord. 11-2007,
Amended,
11/06/2007)
No modification of the approved grading plans
may be made without the approval of the director of planning. All necessary soils and geological
reports
shall be submitted with the plans. (Ord. 2D-79 § 21)(Ord. 11-2007, Amended,
11/06/2007)
A. Final Reports.
Upon completion of the work, the director of planning may require the following reports:
1. Certification by
the project engineer that all grading, lot drainage, and drainage facilities have been completed in
conformance with the approved plans and this chapter;
2. A soils
engineering
report including certifications of soil bearing capacity of compacted fills, summaries of field and
laboratory tests and locations of tests;
3. An engineering
geology report based on the final construction. It shall include specific approval of the grading as
affected by geological factors. Where necessary, a revised geologic map and cross-sections, and
any
recommendations regarding building restrictions or foundation setbacks, shall be included.
B. Notification of
Completion. The permittee or his agent shall notify the director of planning when the grading
operation
is ready for final inspection. Final approval shall not be given until all work including installation
of all
drainage structures and their protective devices, have been completed and required reports have
been
submitted. (Ord. 2D-79 § 22)(Ord. 11-2007, Amended, 11/06/2007)
A. Any violation of
the provisions
of this chapter shall be deemed unlawful and subject to
the general penalty provisions as provided in Chapter 1.08 of this code in addition to any and
other lawful action which the city may take for the prevention of the violation of this
chapter.
B. Any bond,
performance bond, assurances,
loan commitment or all other guarantees
provided pursuant to the terms of this chapter shall, in the event of the permittee's failure to
complete the work or failure to comply with any or all conditions of the permit or of this chapter,
shall be forfeitable to the order of the city for the payment of all necessary costs and expenses
that may be incurred or expended by the city in causing any or all such work as required
thereunder to be completed pursuant to the terms and conditions as provided in the permit or this
chapter. (Ord. 2D-79 § 23)
Chapter Index
Section Index
Chapter 12.16
Sections:
12.16.010 Authorized.
Section 12.16.010 Authorized.
The police department may, upon request of any
city department,
restrict the use of, or close,
any city street whenever the requesting department considers the closing or restriction
necessary:
A. For the
protection of the public;
B. For the
protection of the street
from damage or during construction, improvement or
maintenance operations thereon;
C. For construction,
improvements
or maintenance on any water main, sewer main or other
public utility. (Ord. 3-76 § 1)
Chapter Index
Section Index
Chapter 12.20
Sections:
Section 12.20.009 Article I.
Definitions
Whenever in this chapter the following terms or
pronouns
in place of them are used, the intent
and meaning shall be interpreted as set out in this article. (Ord. 1A-79 § 1 (part): prior code
§ 25-42 (part))
"Contractor" means the individual,
firm, association,
corporation, governmental agency or any
other legal entity which is responsible for performing the actual construction and/or installation
of all or any portion of the project for which a permit is required. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
"Emergency" means unforeseen
occurrences and combinations
of circumstances involving the
public welfare or the protection of work already done, or which endanger life or property and call
for immediate action or remedy. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"City Engineer" refers to the
engineer
employed or contracted by the city for the purpose of providing engineering services and
inspecting the plans and construction of public facilities.(Ord. 1A-79 § 1 (part): prior code
§25-42 (part))(Ord. 11-2007, Amended, 11/06/2007)
"Excavation" means any opening in
the surface of
a public place made in any manner
whatsoever, except an opening into a lawful structure below the surface of a public place, the top
of which is flush with the adjoining surface and so constructed as to permit frequent openings
without injury or damage to the public place. (Ord. 1A-79 § 1 (part): prior code §
25-42 (part))
"Improvement" means any pipe,
pipeline, tube, main,
service, tap, vent, vault, manhole, meter,
gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box,
transformer, ditch, roadway, pavement, driveway, parkway, sidewalk, pedestrianway, parking
area or any other work, material, structure or object of any kind or character, whether enumerated
in this section or not, which is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over a public place. (Ord. 1A-79 § 1 (part): prior code
§ 25-42
(part))
Chapter Index
Section Index
"Performance bond" means the
security provided
by the permittee or his contractor solely for
the protection of the city and conditioned upon the faithful performance of the contract in
accordance with the plans, specifications and conditions thereof. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
"Permittee" means the individual,
firm, association,
corporation, governmental agency or any
other legal entity which is responsible for the project necessitating the improvements proposed or
under construction. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
"Person" means any person, firm,
partnership, association,
corporation, company or
organization of any kind. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
"Project engineer" means the
professional engineer
employed by the permittee to design
and/or supervise the improvement construction. In the case of a city improvement project, the
project engineer may be the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Public improvement" means any
drainage ditch,
roadway, parkway, sidewalk, pedestrianway,
off-street parking area, lot improvement or other facility for which the city may ultimately
assume the responsibility for maintenance and operation. (Ord. 1A-79 § 1 (part): prior
code §
25-42 (part))
"Public place" means any public
street, way, place,
alley, sidewalk, park, square, plaza or any
other public property owned or controlled by any governmental agency in a governmental
capacity. "Public place" shall also mean any property which is proposed to be
dedicated or
used
as public property in the future or which can reasonably be expected to become a public place in
the future. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
Chapter Index
Section Index
"Specifications" means the
descriptions, directions,
provisions and requirements for
performing the work on a specific project. In all cases, the city's standard specifications shall
govern in all applicable circumstances. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Standard details" means uniform
detail drawings
of structures or devices adopted as standard
construction details by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Standard specifications" means
uniform general
specifications adopted as standard
specifications by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Substructure" means any pipe,
conduit, duct, tunnel,
manhole vault, buried cable or wire, or
any other structure located below the surface of any public place. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
No person shall make any excavation or perform
any work or
construction in any public place
without first obtaining a permit to do so from the engineer except as otherwise provided in this
chapter. (Ord. 1A-79 § 1 (part): prior code § 25-43(a))
No permit shall be issued unless a written
application (on
a form provided by the engineer) for
the issuance of a permit is submitted to the engineer. The written application shall state the name
and address and principal place of business of the permittee, the authority of the applicant to
occupy the public place for which the permit is sought, the location and dimensions of the
improvements, the purpose of the facility and the length of time which will be required to
complete such work including removing all obstructions, material and debris. The application,
when approved and signed by the engineer, shall constitute a permit. (Ord. 1A-79 § 1
(part): prior
code § 25-43(b))
Chapter Index
Section Index
No permit shall be issued until acceptable plans
for the
proposed improvements have been
submitted and approved by the engineer except in cases when the work is of such nature that the
adopted standard details adequately governs the quality of materials and workmanship. (Ord.
1A-79 §
1 (part): prior code § 25-43(c))
Nothing in this chapter shall be construed to
prevent the
making of excavations as may be
necessary for the preservation of life or property or for the location of trouble in conduit or pipe,
or for making repairs; provided, that the person performing such work shall apply to the engineer
for such a permit on the first working day after such work is commenced. (Ord. 1A-79 § 1
(part):
prior code § 25-43(d))
A permit fee shall be charged by the City for the issuance of any permit required by
this chapter. The fees for such a permit shall be established by resolution of the City Council, as
provided in Title 1 of this code.(Ord. 1A-79 § 1 (part): prior code § 25-43(e)) (Ord.
No. 10A-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
A. No permit, as
provided for in this
chapter, shall be required for private improvements
such as private sidewalks or driveways connecting from private facilities to public facilities
within a public place when such private improvements are being constructed as part of a building
construction project for which a building permit has been issued by the building official.
B. City
departments, performing normal
maintenance and construction functions, are exempt
from the requirement to obtain permits.
C. No permit shall
be required for
the installation, replacement, maintenance or repair of
aboveground utility facilities when the work is performed by a corporation franchised by the city
to supply or convey electricity or communication impulse. This exception shall specifically apply
to aboveground conduits, wires, towers, poles, pole lines, anchors, cables, transformers and
junction boxes. (Ord. 1A-79 § 1 (part): prior code § 25-43(f))
A. The issuance of
a permit shall
constitute an authorization to do only that work which is
described or illustrated on the application for the permit or on the plans and specifications
approved by the engineer.
B. The issuance of
a permit or the
approval of drawings and specifications shall not be
construed to be a permit for, nor an approval of any violation of or deviation from the provisions
of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if,
in the work completed, a violation of this chapter or deviation therefrom, ensued. When such
violation occurs, the permit shall be deemed to be cancelled and the public place restored to the
condition it was in prior to the start of the work.
C. The issuance of
a permit, based
upon drawings and specifications, shall not prevent the
engineer from thereafter requiring the correction of errors in the drawings and specifications or
from stopping unlawful construction operations being carried on thereunder. (Ord. 1A-79 §
1
(part): prior code § 25-44(a))
Chapter Index
Section Index
Permits issued under the requirements of this
chapter shall
not relieve the permittee of
responsibility for securing required permits for work to be done which is regulated by any other
ordinance, department or division of the city or other governing agency. (Ord. 1A-79 § 1
(part):
prior code § 25-44(b))
A. The permittee
shall fully perform
and complete all of the work required to be done
pursuant to the permit within the time limit specified. If no time limit is specified, the permittee
shall complete the work within one hundred eighty days after the date of the issuance of the
permit.
B. If the permittee
is unable to complete
the work within the specified time, he shall, prior to
the expiration of the permit, present in writing to the engineer a request for an extension. If, in
the opinion of the engineer, such an extension is warranted, he may grant additional time for the
completion of the work. (Ord. 1A-79 § 1 (part): prior code § 25-44(c))
In granting any permit under this chapter, the
engineer may
attach such conditions as may be
reasonably necessary to prevent creation of a nuisance or hazard to public or private property.
(Ord. 1A-79 § 1 (part): prior code § 25-44(d))
Neither the issuance of a permit under the
provisions of
this chapter nor the compliance with
the provisions of this chapter, or with any conditions imposed in the permit issued under this
chapter, shall relieve any person from responsibility for damage to other persons or property, nor
impose any liability upon the city for damage to other persons or property. (Ord. 1A-79 § 1
(part): prior code § 25-44(e))
Should the engineer find the work under any
permit issued
under these provisions is not
proceeding in accordance with the drawings, specifications and details of the application upon
which the permit was issued, and/or is proceeding in violation of this chapter or any other
ordinance of the city, or should he find that there has been any false statement or
misrepresentation as to a material fact in the application, payment for the permit or plans on
which the permit was based, the engineer shall notify the permittee that the work fails to conform
to the permit, or that the permit was obtained by false representations and that the failure in
obtaining the permit be corrected without delay. If the permittee fails or refuses to make the
correction within the time specified in the notice, the engineer shall revoke the permit and serve
notice of the revocation upon the person to whom the permit was issued. The notice shall be in
writing and signed by the engineer. It is unlawful for any person to proceed with any part of the
work after the notice is served. (Ord. 1A-79 § 1 (part): prior code § 25-44(f))
Chapter Index
Section Index
A. A permit shall
not be issued to
perform work in a public place when the cost of the work
is in excess of one thousand dollars unless the permittee shall first post with the engineer a cash
bond or a bond executed by the permittee and a corporate surety authorized to do business in this
state as a surety in an amount sufficient to cover the cost of the project as determined by the
engineer.
B. The bond (cash
or surety) shall
include penalty provisions on a form approved by the city
attorney for failure to complete the work on schedule. (Ord. 1A-79 § 1 (part): prior code
§
25-44(a))
Every bond shall include the conditions that the
permittee
shall:
A. Comply with all
of the provisions
of this chapter, applicable laws and ordinances;
B. Comply with all
of the terms and
conditions of the permit for the work to the satisfaction
of the engineer; and
C. Complete all of
the work contemplated
under the permit within the time limit specified in
the permit. The engineer may, for sufficient cause, extend the time specified in the permit but no
such extension shall release the surety upon the bond. (Ord. 1A-79 § 1 (part): prior code
§
25-45(b))
The term of each bond shall begin upon the date
of filing
and shall remain in effect until the
completion of the work to the satisfaction of the engineer. In the event of failure to complete the
work and failure to comply with all of the conditions and terms of the permit, the engineer may
order the work required by the permit to be completed to his satisfaction. The surety executing
the bond or deposit shall continue to be firmly bound under a continuing obligation for the
payment of all necessary costs and expenses that may be incurred or expended by the city in
causing any and all such required work to be done. In the case of a cash deposit, the deposit or
any unused portion thereof shall be refunded to the permittee. (Ord. 1A-79 § 1 (part): prior
code
§ 25-45(c))
In lieu of providing assurance of construction in
the manner
provided in this article, the
permittee may provide assurance of construction for improvements by delivering to the engineer,
prior to the issuance of a permit, an appropriate agreement between an approved lending
institution and the permittee, stating that funds sufficient to cover the entire cost of performing
the proposed work, including engineering and inspection costs, in an amount approved by the
engineer, have been deposited with the approved lending institution, or have been committed to
be loaned by the lending institution to the permittee. The agreement shall provide that the funds
in the stated amount are specifically allocated, and will be used by the permittee, or on his
behalf, only for the purpose of performing the improvements. The city shall be the beneficiary of
the agreement, or the permittee's rights thereunder shall be assigned to the city and the engineer
shall approve each disbursement of any such funds. The agreement may also contain terms,
conditions and provisions normally included by the lending institutions in loan commitments for
construction funds, or as may be necessary to comply with statutes and regulations applicable to
the lending institutions. (Ord. 1A-79 § 1 (part): prior code § 25-45(d))
The requirements for assurances may be waived
by the engineer
under the following
conditions:
A. The permittee is
a city, county
or state department whose functions require the
installation and/or maintenance of public improvements;
B. The permittee is
a corporation
whose franchise empowers it to make its own paving
restoration, but such permits will be issued only when the restoration work keeps fully apace
with the openings being made. The corporations shall pay promptly all bills for inspection at
scheduled rates, and all bills for restoration done by city forces;
C. The permittee is
a developer who
has previously provided assurances satisfactory to the
city council under the provisions of the subdivision regulations, provided the proposed
improvements for which such assurances were accepted. (Ord. 1A-79 § 1 (part): prior code
§
25-45(e))
Chapter Index
Section Index
| A. | The engineer shall provide for
inspection of all improvements during construction and assure their satisfactory completion. The
applicant shall pay to the City, inspection fees as may henceforth be established by resolution of the
City
Council as provided in Title 1 of this code. These fees shall be due and payable upon application for
permit to construct the various types of improvements. |
| B. | Costs for required or necessary
materials testing or compaction testing as provided for in the standard specifications shall be charged to
the permittee and such bills shall be promptly paid. |
| C. | Nothing in this article shall be
construed to require inspection by the City or the payment of inspection fees for materials or
workmanship for the actual installation, replacement, maintenance or repair of utility facilities when the
work is performed by a corporation franchised by the City to supply or convey gas, electricity or
communication impulse. City inspection and the payment of inspection fees will be required for all
excavation, backfill, compaction and surface restoration, necessitated by the work when performed
within a public place. |
| (Ord. 1A-79 § 1 (part): prior code §
25-46)
(Ord. 08a-2008, Amended, 08/19/2008) |
A. The contractor
shall perform all
work as may be necessary to complete the project for
which the permit is issued in a satisfactory and acceptable manner in full compliance with the
approved plans, the standard specifications and approved supplemental specifications.
B. After work is
commenced, the contractor
shall prosecute with diligence and expedition all
work covered by the permit and shall promptly complete the work and restore the public place to
its original condition, or as near as may be, so as not to obstruct the public place or travel thereon
more than is reasonably necessary. (Ord. 1A-79 § 1 (part): prior code §
25-47(a))
The project engineer, with approval of the
engineer shall
issue change orders to cover
unforeseen circumstances which make it impossible to carry out the work in accordance with the
original plans. Under no circumstances shall alterations be permitted in the details of
construction or changes permitted in quantities involved in the work beyond the termination of
the proposed construction except as may be necessary to satisfactorily complete the project.
(Ord. 1A-79 § 1 (part): prior code § 25-47(b))
Unless otherwise approved, public roadways,
while undergoing
improvements, or streets
adjacent to off-street projects shall be kept open to all traffic. The contractor may request, and,
when approved by the engineer, bypass traffic over an approved detour route. The contractor
shall keep the portion of the project being used by the public in such condition that traffic will be
adequately accommodated. He shall also provide and maintain, in a safe condition, temporary
approaches or crossings and intersections for agencies and facilities that provide emergency
services for the public. (Ord. 1A-79 § 1 (part): prior code § 25-47(c))
A. Throughout all
phases of construction,
including suspension of work, and until final
acceptance of the project, the contractor shall keep the work area clean and free from rubbish,
excess materials and debris.
B. Failure of the
contractor to comply
with the engineer's cleanup orders may result in an
order to suspend work until the condition is corrected.
C. The contractor
shall take whatever
steps, procedures or means required to prevent
abnormal dust conditions due to his construction operations. The dust control measures shall be
maintained at all times, to the satisfaction of the engineer. (Ord. 1A-79 § 1 (part): prior
code
§
25-47(d))
Chapter Index
Section Index
Every person owning, using, controlling or
having an interest
in substructures, under the
surface of any public place used for the purpose of supplying or conveying gas, electricity,
communication impulse, water, steam, ammonia or oil in the city, shall file with the engineer
within one hundred twenty days after the adoption of the ordinance codified in this chapter a map
or set of maps each drawn to an appropriate scale showing in detail the location, size, description
and date of installation, if known, of all substructures, except a service line designed to serve a
single property owner, beneath the surface to the public place belonging to, used by or under the
control of the person having any interest, and shall file with the engineer each and every year a
corrected map or set of maps each drawn to scale including all installation made during the
previous year; provided, however, that a public utility owner may at its option provide corrected
atlas sheets at more frequent intervals. (Ord. 1A-79 § 1 (part): prior code §
25-47(e))
A. The engineer
will decide all questions
which may arise as to the quality or acceptability
of materials furnished and work performed and all questions which may arise as to the
interpretation of the plans for public improvements and the standard specifications.
B. In giving
instructions, the engineer
may make minor changes in the work, not involving
extra work and not inconsistent with the purpose of the work, except in emergencies endangering
life or property.
C. The engineer
will suspend the work
wholly or in part due to the failure of the contractor
to correct conditions unsafe for the workmen or the general public, for such periods as he may
deem necessary due to unsuitable weather, for conditions considered unsuitable for the
prosecution of the work or for any other condition or reason deemed to be in the public interest.
(Ord. 1A-79 § 1 (part): prior code § 25-48(a))
A. Plans will show
details of all
structures, utilities, lines, elevations, grades, typical cross-sections of roadways and location and
design of all work.
B. The plans will
be supplemented
by such shop drawings as are necessary to adequately
control the work. Shop drawings for structures and utilities shall be furnished by the permittee or
his contractor and shall consist of such detailed plans as may be required to adequately control
the work and are not included in the plans furnished by the permittee. All shop drawings must be
approved by the engineer but such approval shall not operate to relieve the contractor of any of
his responsibility for the successful completion of the work. (Ord. 1A-79 § 1 (part): prior
code
§
25-48(b))
A. All work
performed and all materials
furnished shall be in conformity with the lines,
elevations, grades, cross-sections, dimensions and material requirements, including tolerances,
shown on the plans or indicated in the specifications.
B. In the event the
engineer finds
the materials or the finished product in which the materials
are used are not in conformity with the plans and specifications, but that reasonably acceptable
work has been produced, he shall then make a determination if the work is accepted and remain
in place.
C. In the event the
engineer finds
the materials or the finished product in which the materials
are used or the work performed are not in conformity with the plans and specifications and have
resulted in an inferior or unsatisfactory product, the work or materials shall be removed and
replaced or otherwise corrected by the contractor. (Ord. 1A-79 § 1 (part): prior code
§ 25-48(c))
The contractor shall take no advantage of any
apparent error
or omission in the plans or
specifications. In the event the contractor discovers such an error or omission, he shall
immediately notify the engineer and the project engineer. The project engineer shall then make
such corrections and interpretations as may be deemed necessary for fulfilling the intent of the
plans and specifications. (Ord. 1A-79 § 1 (part): prior code § 25-48(d))
Chapter Index
Section Index
| A. | The contractor shall give the work the constant
attention necessary to facilitate the progress thereof, and shall cooperate with the engineer, his
inspectors and other contractors in every way possible. |
| B. | The contractor shall at all times be present at the work
in person or represented by a competent superintendent authorized to receive and fulfill instructions
from the engineer and who shall supervise and direct the work. Instructions and information given by
the engineer to the contractor's superintendent shall be considered as having been given to the
contractor. |
| | 1. | All phases of the project such as concrete work,
pipe work, etc., shall be under the direct supervision of a foreman or his designated representative on
the site who shall have authority to accept instructions, with respect to that particular phase of the
project, and take action required to properly carry out the work. |
| | 2. | In the event of noncompliance with the above, the
engineer may require the contractor to stop work on that part of the project until the required
supervision is present. |
| C. | The contractor shall file with the engineer the names,
addresses and telephone numbers of representatives who can be contacted at any time, in case of
emergency. These representatives must be fully authorized and equipped to correct unsafe or
excessively inconvenient conditions on short notice. |
| D. | Emergencies may arise during the progress of the
work which may require special effort or require extra shifts of men to continue the work beyond
normal working hours. The contractor shall be prepared in case of such emergencies from whatever
cause, to do all necessary work promptly. |
| (Ord. 1A-79 § 1 (part): prior code §
25-48(e)) |
The contractor shall give all utility companies,
all pipeline
owners or other parties affected the
maximum notice possible when their underground or overhead services interfere with his work.
The contractor shall resolve all problems with the utility owners concerned. (Ord. 1A-79 §
1
(part): prior code § 25-48(f))
The project engineer will be responsible for
setting construction
stakes, establishing lines and
grades for road work, curbs, gutters, sidewalks, structures and centerlines for utilities and
necessary appurtenances as may be deemed necessary. He will furnish the contractor with all
necessary information relating to the lines and grades. These stakes and marks shall constitute
the field control by and in accordance with which the contractor shall establish other necessary
controls and perform the work. (Ord. 1A-79 § 1 (part): prior code § 25-48(g))
A. Inspectors
employed by the city
will be authorized to inspect all work done and materials
furnished. The inspection may extend to all or any part of the work and to the preparation,
fabrication or manufacture of the materials to be used. The inspector will not be authorized to
alter or waive the provisions of the contract. The inspector will not be authorized to issue
instructions contrary to the plans and specifications or to act as foreman for the contractor.
B. The inspector
will, however, have
the authority to reject work or materials until any
questions at issue can be referred to and decided by the engineer. (Ord. 1A-79 § 1 (part):
prior
code § 25-48(h))
A. Inspection of the
work by the engineer
or his authorized representative shall not be
considered as direct control of the individual workman and his work. The direct control shall be
solely the responsibility of the contractor's foremen and superintendent.
B. The engineer
shall be permitted
to inspect all materials, and each part of detail of the
work at any time for the purpose of expediting and facilitating the progress of the work. He shall
be furnished with such information and assistance by the contractor as is required to make a
complete and detailed inspection.
C. Any work done
or materials used
without supervision and inspection by an authorized city
representative may be ordered removed and replaced. Failure to reject any defective work or
materials shall not in any way prevent later rejection when the defect is discovered or obligate
the engineer to final acceptance. (Ord. 1A-79 § 1 (part): prior code § 25-48(i))
Chapter Index
Section Index
A. Unacceptable
work, whether the
result of poor workmanship, use of defective materials,
damage through carelessness or any other cause, found to exist prior to the final acceptance of
the work shall be removed immediately and replaced in an acceptable manner.
B. No work shall
be done without lines
and grades having been given by the project
engineer. (Ord. 1A-79 § 1 (part): prior code § 25-48(j))
A. The contractor
shall maintain the
work during construction and until the project is
accepted. This maintenance shall constitute continuous and effective work prosecuted day by
day, with adequate equipment and forces to the end so that the roadway or structures are kept in
satisfactory conditions at all times.
B. In the case of the
placing of a
course upon a course or subgrade previously constructed,
the contractor shall maintain the previous course or subgrade during all construction operations.
(Ord. 1A-79 § 1 (part): prior code § 25-48(k))
If the contractor, at any time, fails to perform
maintenance
during construction, the engineer
will immediately notify the contractor of such noncompliance. If the contractor fails to remedy
unsatisfactory maintenance within twenty-four hours after receipt of the notice, the engineer may
immediately proceed to maintain the project. The entire cost of this maintenance will be charged
to the contractor. (Ord. 1A-79 § 1 (part): prior code § 25-48(l))
A. Should an
urgent or unforeseen
need occur, the contractor shall allow the city to use or
occupy a unit or portion of the project, such as a structure, utility service, or a section of road
or
pavement, prior to final acceptance.
B. Prior to such use
or occupancy
the city will prepare a written agreement with the
contractor and accomplish a partial acceptance inspection. The written agreement will include
responsibilities for maintenance of the partial acceptance and continued construction of the
original project to final acceptance. (Ord. 1A-79 § 1 (part): prior code §
25-48(m))
The contractor shall keep fully informed of all
federal and
state laws, county and city
ordinances, regulations, codes and all orders and decrees of bodies or tribunals having any
jurisdiction or authority, which in any way affect the conduct of the work. He shall at all times
observe and comply with all such laws, ordinances, regulations, codes, orders and decrees; and
shall protect and indemnify the city and its representatives against any claim or liability arising
from or based on the violation of such, whether by himself or his employees. (Ord. 1A-79
§ 1
(part): prior code § 25-49(a))
Chapter Index
Section Index
A. The contractor
shall provide and
maintain in a neat, sanitary condition such
accommodations for the use of his employees as may be necessary for their comfort and
sanitation.
B. The contractor
shall provide all
safeguards, safety devices and protective equipment and
take any other needed actions, on his own responsibility or as the engineer may determine,
reasonably necessary to protect the life and health of employees on the job, the safety of the
public and to protect property in connection with the performance of the work covered by the
project.
C. Precaution shall
be exercised by
the contractor at all times for the protection of persons
(including employees) and property. The contractor shall comply with the provisions of all
applicable laws, pertaining to such protection including all federal and state occupational safety
and health acts, and standards and regulations promulgated thereunder. (Ord. 1A-79 § 1
(part):
prior code § 25-49(b))
The contractor shall at all times so conduct his
work as
to assure the least possible obstruction
to traffic and adjacent residents. The safety, convenience and the protection of persons and
property, of the general public and residents along the street, highway and areas adjacent to the
work area shall be provided for by the contractor. (Ord. 1A-79 § 1 (part): prior code
§ 25-49(c))
A. The contractor
shall provide, erect
and maintain all necessary barricades, suitable and
sufficient lights, danger signals, signs and other traffic-control devices, and shall take all
necessary precautions for the protection of the work and safety of the public. Roads, partially or
fully closed to traffic shall be protected by effective barricades, and obstructions shall be
illuminated during hours of darkness. Suitable warning signs shall be provided to properly
control and direct traffic.
B. The contractor
shall erect warning
signs in advance of any place on the project where
operations may interfere with the use of the road by traffic, and at all intermediate points where
the new work crosses or coincides with an existing road. Such warning signs shall be constructed
and erected in accordance with the manual on traffic-control devices prepared or adopted by the
city. (Ord. 1A-79 § 1 (part): prior code § 25-49(d))
A. The contractor
shall be responsible
for the preservation of all public and private property
and shall protect carefully from disturbance or damage all land monuments and property marks
until the engineer, or the project engineer, has witnessed or otherwise referenced their location
and shall not move them until directed.
B. The contractor
shall be responsible
for all damage or injury to property of any character,
during the prosecution of the work resulting from any act, omission, neglect or misconduct in his
manner or method of executing the work, or at any time due to defective work or materials, and
the responsibility will not be released until the project has been completed and accepted.
C. When or where
any direct or indirect
damage or injury is done to public or private
property by or on account of any act, omission, neglect or misconduct in the execution of the
work, or in consequence of the nonexecution thereof by the contractor, he shall restore the
property to a condition similar or equal to that existing before the damage or injury was done, by
repairing, rebuilding or otherwise restoring as may be directed or he shall make good the damage
or injury in an acceptable manner.
D. The contractor
shall not dump,
spoil or waste material on private property without first
obtaining from the owner written permission for such dumping. (Ord. 1A-79 § 1 (part):
prior
code § 25-49(e))
A. The contractor
shall properly guard,
protect and take every precaution necessary against
injury or damage to all finished or partially finished work, by the action of the elements or from
any other cause, until the entire project is completed and accepted by the engineer. The
contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of
the work before final acceptance.
B. In case of suspension of the work for any
cause whatever,
the contractor shall be
responsible for the project and shall take such precautions as may be necessary to prevent
damage to the project and shall erect any necessary temporary structures, signs or other facilities.
(Ord. 1A-79 § 1 (part): prior code § 25-49(f))
Chapter Index
Section Index
A. At points where the contractor's
operations are adjacent
to properties of utility firms or
other property, damage to which might result in considerable expense, loss or inconvenience,
work shall not commence until all arrangements necessary for the protection thereof have been
made.
B. The contractor shall cooperate with
the owners of
any underground or overhead utilities
in their removal and rearrangement operations in order that these operations may progress in a
reasonable manner, that duplication of work may be reduced to a minimum, and that services
rendered by those parties will not be unnecessarily interrupted.
C. If any utility service is interrupted
as a result
of accidental breakage, the contractor shall
promptly notify the proper authority and shall cooperate with the authority in the restoration of
service. No work shall be undertaken around fire hydrants until provisions for continued service
have been approved by the fire chief.
D. The contractor shall expose all
underground utilities
and structures which might interfere
with the construction of the project, in order to permit survey location prior to construction. (Ord.
1A-79 § 1 (part): prior code § 25-49(g))
In carrying out any provisions of this chapter, or
in exercising
any power or authority granted
to them by or within the scope of their duties, there shall be no liability upon the city, engineer
or
their authorized representative, either personally or as officials of the city, it being understood
that in all such matters they act solely as agents and representatives of the city. (Ord. 1A-79
§
1
(part): prior code § 25-49(h))
Any violation of the provisions of this chapter
shall be
deemed unlawful and subject to the
general penalty provisions as provided in Chapter 1.08 of this code, in addition to any and other
lawful action which the city may take for the prevention of the violation of this chapter. (Ord.
1A-79 § 1 (part): prior code § 25-50(a))
Any bond, performance bond, assurances, load
commitment or
all other guarantees provided
pursuant to the terms of this chapter shall, in the event of the permittee's failure to complete the
work or failure to comply with any or all conditions of the permit or of this chapter, shall be
forfeitable to the order of the city for the payment of all necessary costs and expenses that may
be incurred or expended by the city in causing any or all such work as required thereunder to be
completed pursuant to the terms and conditions as provided in the permit or this chapter. (Ord.
1A-79 § 1 (part): prior code § 25-50(b))
Chapter Index
Section Index
Chapter 12.24
Sections:
Section 12.24.010 Dumping snow or ice.
It is unlawful for any person to deposit, dump or push snow and ice which has accumulated upon their private property from their private property into any of the public rights of ways or alleys within the City.
Downtown Snow Removal District:
In order to maintain a walkable and accessible high density retail downtown district, a higher level of service will be provided by the City for snow removal in the following designated area. Property owners may deposit snow from their sidewalk onto City streets in the following areas:
W. Cedar Street from Sixth Street to Third Street
South side of W. Buffalo Street from Sixth Street to Fourth Street
Sixth Street from Cedar Street to Buffalo Street
Fifth Street from Buffalo Street to the alley between W. Cedar Street and W. Front Street
Fourth Street from Buffalo Street to W. Front Street
No parking restrictions will apply as a result of this ordinance.
(Ord. 12B-79 § 1: prior code § 25-1) (Ord. No. 6A-93, Amended, 06/01/93) (Ord. No. 12-2009, Amended, 12/01/09)
No person shall lay any pipe, asphalt, concrete,
gravel,
rock, sand, dirt or any refuse of any
nature whatsoever so as to obstruct the flow line of any gutter in the city. (Prior code §
25-2)
(Ord. No. 6A-93, Amended, 06/01/93)
No person shall damage or tear up any sidewalk,
curb or gutter
without written permission
from the city manager or the manager's designee. (Prior code § 25-3) (Ord. No. 6A-93,
Amended,
06/01/93)
A. No person shall
throw or deposit
upon any public right-of-way any glass bottle, glass,
nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon
the right-of-way.
B. Any person who
drops, or permits
to be dropped or thrown, upon any public right-of-way
any destructive or injurious material shall immediately remove it or cause it to be
removed.
C. Any person
removing a wrecked or
damaged vehicle from a public right-of-way shall
remove any glass or other injurious substance dropped upon the highway from the vehicle. (Prior
code § 16-6) (Ord. No. 6A-93, Amended, 06/01/93)
No person shall store, or cause to be stored, any personal property or
waste
material on any
public right-of-way in the City or cause any obstruction upon any sidewalk or in any alley within
the City. Operable vehicles and currently licensed trailers may be parked upon the streets of the
City, provided that such do not interfere with travel by other vehicles, unless such parking is
specifically prohibited elsewhere in this code. In locations where curb and gutter have
been
installed, vehicles and trailers may not be parked upon the right-of-way of any street, except
outside the travel portion of the street or the street pavement, except on two-way streets of less
than 24 feet in width, and only then when such does not interfere with vehicle or pedestrian
travel. (Ord. No. 6A-93, Enacted, 06/01/93; Ord. No. 7-94, Amended, 07/19/94)
Chapter Index
Section Index
Chapter 12.28
Sections:
12.28.070 Lot Numbering in Mobile Home and Camping
Parks.
Section 12.28.010 Conformance required.
It is unlawful for any person to erect or maintain
any house
or building numbered not in
conformity with the provisions of this chapter. (Prior code § 25-56)
A. All streets
running easterly and
westerly on the north side of the Union Pacific Company's
right-of-way shall be designated and known in those parts thereof east of First Street as
"East,"
and the numbers on the houses thereon shall increase from west to east, and in those parts thereof
west of First Street as "West," and the numbers on the houses thereon shall increase
from
east to
west. All streets running easterly and westerly on the south side of the Union Pacific Railroad
Company's right-of-way shall be designated and known in those parts thereof as east of
Washington Street as "East," and the numbers thereon shall increase from west to
east, and
in
those parts thereof west of Washington as "West," and the numbers thereon shall
increase from
east to west.
B. Numbers on
houses on streets running
northerly and southerly shall be even numbers, and
all numbers of houses or way, shall increase from south to north, and those south of the Union
Pacific Railroad Company's right-of-way shall increase from north to south, commencing with
Railroad Street. (Prior code § 25-57)
All numbers of houses or buildings facing
easterly or northerly
shall be even numbers, and all
numbers of houses or buildings facing westerly or southerly shall be odd numbers. (Prior code
§
25-58)
Each number shall represent, as nearly as possible, a space of
twenty-four feet in frontage, and shall be designated and known according to the schedule on file
in the
office of the director of planning.
(Prior code § 25-59)(Ord. 11-2007, Amended, 11/06/2007)
If more than one building is located where one
number is designated by this chapter, the first in order shall take the number designated, and the
other
shall take a half number, and if apartments are constructed on the same lot, they shall be
designated by
a letter after the number, the lowest floor taking the first letter. (Prior code § 25-60)
It shall be the duty of the director of planning,
upon
request of any house owner, to inform the house owner or occupant of the number designated for
his
house or building by the provisions of this chapter. If any owner or occupant fails to properly
mark or
number his house or buildings as required in this chapter, it shall be the duty of the director of
planning
to cause such house or building to be marked with its designated number, and the cost of marking
the
building shall be collected by the city from the owner. (Prior code § 25-61)(Ord. 11-2007,
Amended, 11/06/2007)
Section 12.28.070 Lot Numbering in Mobile Home and Camping
Parks.
Upon application for a license as required by section 16.16.020, a map of the mobile home park
or recreational vehicle park shall be submitted to the City showing each space in the park and the
number assigned to the space. Each space in the park shall be clearly numbered to
accommodate utility, police, fire and other identification by the City.
All public parks within the city shall be closed
to public
or private use between the hours of
twelve a.m. and six a.m. of each day, except as otherwise specifically authorized by the mayor of
the city. All persons violating the provisions of this section shall be guilty of a misdemeanor.
(Ord. 6-79 § 1: prior code § 19-15)
This chapter provides for the care of trees
located on municipal
property and on public right-of-ways within the jurisdictional limits of the City in an effort to
enhance
the beauty of the City,
while attempting to provide for the safety of persons and property within the City by guarding
against certain obstructions to the pedestrian vehicular signing within the City and to provide
supervisory care for the urban forest within the City. (Ord. No. 12-95, Enacted, 12/05/95)
A. "City Property" means all
City owned real
property, including parks, and right-of-ways.
B. "Large tree" means any
tree which has
or likely will attain a height of twenty (20) feet or
more.
C. "Small tree" means any
tree which has
not and will not likely attain a height of twenty (20)
feet.
D. "Property owner" means
the owner of record
of real property within the jurisdictional
limits of the City as shown by the records in the Carbon County Clerks Office.
E. "Tree" shall mean
any woody perennial
plant with a single trunk or stem, but shall
encompass several trees growing in close proximity. (Ord. No. 12-95, Enacted, 12/05/95)
There is hereby established a position of
Arborist for the
City, hereinafter referred to as the
"Arborist." (Ord. No. 12-95, Enacted, 12/05/95)
A. The Arborist shall have the responsibility to
devise and
adopt a comprehensive plan for the
locating, planting, retention, protection, removal, abatement of trees on the City property.
Such
shall include a plan for each park, whether existing or created at a future date. The final
plan
shall be presented to the City Council for consideration of adoption as the City Tree Plan.
B. The Arborist shall review and amend
the City Tree
Plan annually, as needed, and present
such amendments, if any, to the City Council for approval.
C. The Arborist shall meet with such
groups as may
propose specific uses of City property
which may impact the trees thereon, either existing or planned.
D. The Arborist shall receive such
comments and complaints
from the residents and users of
the City properties as may be presented to the City. After hearing such, they shall make
recommendations to the City Manager, and/or the City Council as it feels is appropriate and in
the best interest of the City. (Ord. No. 12-95, Enacted, 12/05/95)
The City Manager, or his designee, shall have
the power to
enforce any and all of the
provisions of this chapter, including the locating, planting, replacing, removing, trimming or
abating of any and all of the trees located on City property. In addition, any tree which
encroaches upon the public right-of-way in a way as to present a hazard to the public or causing
injury to a public or private utility within or using the right-of-way shall fall within the authority
of the City Manager. (Ord. No. 12-95, Enacted, 12/05/95)
Any person or entity undertaking excavation in
the vicinity
of any tree growing on public
property shall be responsible to insure that the tree is protected from the excavation and that no
great damage is done to the tree or its root system than is necessary to meet the needs of the
excavation. (Ord. No. 12-95, Enacted, 12/05/95)
A. No person shall attach any sign or
notice to any
tree growing on City property.
B. No person shall attach any rope or
wire to any tree
on City property without having
received prior approval for such from the City Manager. (Ord. No. 12-95, Enacted,
12/05/95)
It is illegal for any person to intentionally
damage or injure
any tree on City property. (Ord.
No. 12-95, Enacted, 12/05/95)
A. Any tree extending over a public
street, alley or
highway shall be trimmed by the property
owner on which the tree trunk is located, or his authorized agent, so as to provide a clear height
above the street, alley or highway of not less than fourteen (14) feet.
B. Any tree extending over a public
sidewalk shall
be trimmed by the property owner so as to
provide a clear height above the sidewalk of not less than eight (8) feet.
C. The property owner of any tree which
extends over
a public street, alley, highway or
sidewalk shall remove any and all dead branches from the tree which, if dislodged, are likely to
fall upon the public street, alley, highway or sidewalk.
D. In the event that the property owner
fails to meet
the requirements of this section, then the
City may issue a written notice of violation to the property owner giving fifteen days to correct
the violation. If the violation is not corrected within the given period of time then the City has the
option of correcting the violation at the property owner's expense. (Ord. No. 12-95, Enacted,
12/05/95)