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HomeMy WebLinkAboutCC Ord 912 1973-08-27 1 I I . ", I ORDINANCE NO. q /,2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 20, STREETS AND SID~WALKS, OF THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, PERTAIN- ING TO THE REGULATION OF EXCAVATIONS IN PUBLIC PLACES; REQUIRING A PERMIT THEREFORE AND PAYMENT OF A FEE; IMPOSING REQUIREMENTS IN CONNECTION WITH SUCH WORK INCLUDING TRAFFIC PEDESTRIAN SAFEGUARDS AND THE PROTEC- TION OF UTILITIES AND OTHER PROPERTY; REGULATING THE BACKFILLING AND RESURFACING OF EXCAVATIONS; PRESCRIB- ING SURETY BOND, INSURANCE AND DEPOSIT REQUIREMENTS; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF PROVISIONS CONTAINED HEREIN. I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 20 of the Code of the City of Seal Beach, California is hereby amended by repealing Section 20-1, 20-2 and 20-3 and adding an Article I to read as follows: Article I - Street Excavation Standards Section 20.1 Short Title This ordinance shall be known and may be cited as the "Street Excavation Ordinance of the City of Seal Beach". Section 20.2 Definitions For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory,. (1) "Excavation" shall mean 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. (2) "Administrative Authori:t:y" shall mean the City Engineer of the City of Seal Beach or his designated representative. (3) "Public Place" shall mean any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the Administrative Authority and dedicated to public use. (If) "Substructure" shall mean any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar struc- ture located below the surface of any public place. (5) "Facility" shall mean pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or -maintained in, upon, along, across, under or over any public place. 1 1 I Ordinance Number ,.', (6) "Person" shall mean anyl person, firm, partnership, association, corporation, company or organization of any kind. I (7) "Utility" shall mean a private company and/or corporation or municipal depsrtment engaged in providing a particular service to the general public. Section 20.3 Excavation Permit No person shall excavate or fill any excavation in any public place or way, construct, reconstruct or repair in any plublic place any curb, sidewalk, gutter, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling, or subject any water line, sewer, or storm drain to excessive live or dead loading without obtaining a permit to do so from the Administrative Authority except as otherwise provided in this article. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this article. The Administrative Authority may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed two feet in width and four feet in length and other miscellaneous excavations approved by the Administrative Authority to the following. (a) A public utility regulated by the Public Utilities Commission of the State of California. (b) A person holding a franchise from the City. (c) The Public Works Department of the City. Section 20.4 Application No excavation permit shall be issued unless a written application (on a form provided by the Administrative Authority) for the issuance of an excavation permit is submitted to the Administrative Authority. The written application shall state the name and address and principal place of business of the applicant, the authority of applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal and the approximate size of the excavation to be made, the purpose of the facility and the approximate time which will be required to complete such work, including backfilling said excavation and removing all obstructions, material and debris. An extension of time may be granted by the Administrative Authority for good and sufficient reasons. The application, when approved and signed by the Administrative Authority, shall constitute a permit. Section 20.5 Excavation Permit Fees A permit fee shall be charged by the Administrative Authority for the issuance of an excavation permit. The fee for each permit shall be $2.50, and the fee for an annual blanket permit issued to utility companies for maintenance and repairs shall be $150.00. In addition to the issuance fee inspection fees shall be paid to the City prior to the issuance of an excavation permit. Inspection fees shall be in accordance with the latest linspection fee schedule adopted by the Administrative Authority and ratified by resolution of the City Council. - 2 - I I I .' Ordinance Number ". Section 20.6 Computation of Fees in Certain Cases Whenever in this article any fees are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead, not to exceed fifteen percent (15%) of the total cost. Section 20.7 Cash Deposit and/or Surety Bond Required (a) Unless the Administrative Authority shall have author- ized the applicant to perform the resurfacing or repair of the surface of any highway or drainage facility which may be removed in part or damaged by the proposed excavation, fill, or obstruction, each applicant shall, in addition to the issuance fee, deposit with the Administrative Author- ity the estimated cost of resurfacing or repairing the surface of the highway or drainage facility which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than Fifty Dollars ($50.00) for excavation, cutting pavement and paving, and Fifteen Dollars ($15.00) if excavation is confined to dirt shoulders. The estimated cost shall be determined by the Administrative Authority by mUltiplying the number of square feet of surface which may be damaged, as shown by the application, the minimum sum of Forty Cents ($.40) per square foot of surfacing, or Ten Cents ($.10) per inch of thickness per square foot for any replacement over four (4) inches thick. The Administrative Authority may from time to time change and revise the method of determining the estimated cost. (b) In cases where the applicant is granted authority to make the repairs required under this article, the Administrative Authority may, in order to insure the completion of said repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of said bond shall not be less than One Thousand Dollars ($1,000.00), nor the minimum period less than one (1) year. The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this article in a good and workman-like manner and to the satisfaction of the Administrative Authority. Provided, however, that public utilities operating under the supervision of the Public Utilities Commission, public utilities hold- ing a franchise from the City, city departments and other governmental agencies, may be relieved of the obligation of submitting such a bond by the Administrative Authority. (c) Annual Deposits: Any person intending to make openings, cuts or excavations in public places may make and maintain with the City Treasurer an annual deposit in the sum of $500.00, and the person so depositing shall not be required to make the special deposits provided in this section but shall, however, be required to comply with all other applicable provisions of this article. (d) Purpose: Any special or annual deposit made hereunder shall serve as security for the repair and performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excava- tion permit. - 3 - I I I Ordinance Number .' , . (e) Refund of Special Deposits: Upon the permittee's completion of the work covered by such permit in conformity with this ordinance as determined by the Administrative Authority, two-thirds of such special deposit, shall be promptly refunded by the City to the permittee and the balance shall be refunded by the City to the permittee upon the expiration of a twenty- four (24) month period. (f) Refund of Annual Deposi~s: I Two-thirds of any annual deposit shall be refunded by the City at the end of the one-year period for which the deposit is made or the satisfactory completion of all excavation work undertaken during such period, whichever is later, and the balance of the annual deposit shall be refunded at the expiration of a twenty-four (24) month period following the completion of such excavation work. (g) Use of Deposits: The Administrative Authority may use any or all of any such deposits to pay the cost of any work the Administrative Authority performs to restore or maintain the public place as herein provided or in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Adminis- trative Authority. (h) Public Utility Companies: Where excavations are made by public utility companies operating under a franchise issued by the City or under the supervision of the Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making such deposit. In such cases, the utilities shall be liable for the actual cost of any work required to be done by the Administrative Authority in restoring the area covered by such excavations to as good condition as the same was in before such work was done. Further provided, however, that the Administrative Authority may, in the future, require such deposit from any such utility if a bill rendered in accordance with this section remains unpaid 30 days after date of billing. Section 20.8 Conditions of Permit I ko the following conditions The permit shall be subject which shall be stated thereon: (a) The permit must be kept at the site of the work and be shown, on demand, to any authorized representative of the City of Seal Beach or any law enforcement officer. I (b) The permit shall authorize work to be performed only as to such portion of the highway or drainage facility over which the City of Seal Beach has jurisdiction. - 4 - 1 1 I , ' Ordinance Number (c) All wo~k shall be performed in accordance with the prov1s1ons of this article and all applicable laws, ~les and re~Jla- tions of the city and other public agency and to the satisfaction of the Administ~ative Authority. (d) The permit shall be non-transferable. (e) The Administrative Authority may cancel the permit unless the work authorized therein is commenced within sixty days (60) of the issuance of the permit and thereafter, in the opinion of the Adminis- trative Authority is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. (f) The Administrative Authority may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the high- way. (g) The Administrative Authority may require the permittee to provide public liability insurance for both personal injury and property damage with the City of Seal Beach, its officers, agents and employees as named insured in connection with all work performed under this article. Such insurance shall be in an amount and form as approved by the Adminis- trative Authority. Section 20.9 Protective Measures and Routing of Traffic It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the Administrative Authority. Warning lights shall be flares, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Lanterns shall burn kerosene:or a similar fluid, and have clear red or ruby globes. Electrical markers lor flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance - 5 - 1 1 I Ordinance Number for but the safety. Reflectors or reflecting materill may be used to supplement, not replace, light sources. The Administrative Authority may restrict use of lantern or open flame devices in fire hazard areas. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit the Administrative Authority may by written approval permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. The written approval of the Administrative Authority may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Administrative Authority. Section 20.10 Clearance for Vital Structures The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the Administrative Authority. Section 20.11 Protection of Traffic The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent widewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line. Section 20.12 Relocation and Protection of Utilities The permittee shall not interfere with any existing facility with- out the written consent of the Administrative Authority and the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner. No facility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this pur- pose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of thi~ paragraph that permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only - 6 - I 1 I " ordinance..Numb,?r , exception will be such instances where damagl is exclusively due to the negligence of the owning utility. The City shall not be made a party to any action because of this parag~aph. The permittee shall inform itself as to the existence and location of all unde~ground facilities and p~otect the same against damage. Section 20.13 Abandonment of Substructu~es Wheneve~ the use of a substructu~e is abandoned, except the abandonment of service lines designed to serve single p~ope~ties. the pe~son owning, using, cont~olling, o~ having an inte~est the~ein, shall within 30 days afte~ such abandonment file with the Administ~ative Autho~- ity a statement in writing giving in detail the location of the substruc- tu~e so abandoned. If such abandoned substructu~e is in the way, o~ subsequently becomes in the way, of an installation of the City o~ any othe~ public body, which installation is pu~suant to a governmental func- tion, the owne~ shall ~emove such abandoned substructu~e o~ pay the cost of its ~emoval du~ing the cou~se of excavation fo~ construction of the facility by the City o~ any othe~ public body. Section 20.14 Protection of Adjoining Prope~ty The permittee shall at all times and at his o~ its own expense p~ese~ve and p~otect from injury any adjoining p~operty by p~o- viding p~ope~ foundations and taking othe~ measu~es suitable fo~ the purpose. Whe~e in the p~otection of such p~ope~ty it is necessary to ente~ upon p~ivate p~ope~ty fo~ the purpose of taking approp~iate p~otecting measu~es, the pe~mittee shall obtain a license from the owne~ of such p~ivate p~operty fo~ such purpose and if he cannot obtain a license from such owne~. the Administ~ative Autho~ity may autho~ize him to ente~ the p~ivate p~emises solely fo~ the purpose of making the p~ope~ty safe. The permittee shall, at its own expense shore up and p~otect all buildings, walls, fences o~ othe~ p~operty likely to be damaged du~ing the p~og~ess of the excava- tion wo~k and shall be ~esponsible fo~ all damage to public o~ p~ivate p~operty o~ highways ~esulting f~om its failu~e p~ope~ly to p~otect and carry out said wo~k. Wheneve~ it may be necessary fo~ the permittee to t~ench th~ough any lawn area said a~ea snall be ~eseeded o~ the sod shall be carefully cut and ~olled and ~eplaced afte~ ditches have been backfilled as ~equi~ed in this article. All construction and maintenance wo~k shall be done in a menne~ calculated to leave the lawn a~ea clean o~ ea~th and deb~is and in a condition as nearly as possible to that which existed befo~e such wo~k began. The permittee shall not ~emove, even tempo~a~ily, any t~ees o~ shrubs which exist in parking st~ip areas without fi~st obtain- ing the consent of the app~op~iate city department o~ city official having cont~ol of such p~ope~ty. Section 20.15 Ca~e of Excavated Mate~ial All mate~ial excavated f~om trenches and piled adjacent to the t~ench o~ in any st~eet shall be piled, and maintained in such manne~ as not to endange~ those wo~king in the t~ench, pedest~ians o~ use~s of the st~eets, and so that as little inconvenience as possible is caused to those using st~eets and adjoining p~operty. Where the confines of the area being excavated a~e too narrow to permit the piling of excavated mate~ial beside the t~ench, such as might be the case in a narrow alley, the Admin- ist~ative Autho~ity shall have the autho~ity to requi~e that the permittee haul the excavated mate~ial to a sto~age site and then ~ehaul it to the t~ench site at the time of backfilling. It shall be the pe~mittee's ~esponsibility to secu~e the necessary permission and make all necessary arrangements fo~ all requi~ed sto~age and di~posal sites. All t~ench and tunnel excavations and construction shall conform with the safety ~equi~ements fo~ shot.ing, b~acing, and ladde~s in t~enches in acco~dance with State of Califorhia "T~ench and Tunnel Construc- tion Safety O~de~s", as they now o~ may here~fte~ exist. - 7 - 1 1 I Ordinance Number , ., All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as speci- fied by the Administrative Authority. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the Administrative Authority to prevent the spreading of dirt into traffic lanes. Section 20.16 Clean Up As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Administrative Authority. From time to time, as may be ordered by the Administrative Authority and in any event immediately after completion of said work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the Administrative Authority, said work may be done by the Administrative Authority and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. Section 20.17 Protection of Watercourses The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other run-off pumped from excava- tions or resulting from Sluicing or other operations and shall be responsi- ble for any damage resulting from its failure to so provide. Section 20.,18 Breaking through Pavement (a) Heavy duty pavement breakers may be prohibited by the Administrative Authority when the use endangers existing substructures or other property. (b) Saw cutting of Portland cement concrete may be required by the Administrative Authority when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch in depth; however, depths greater than one inch may be required by the Administrative Authority when circumstances warrant. Saw cutting may be required by the Administrative Authority outside of the limits of the excavation over cave-outs, ove~breaks and small floating sec- tions. I (c) Approved cutting of bituminous pavement surface ahead of excavations may be required by Administrative Authority to confine pave- ment damage to the limits of the trench. I (d) score line or joint. Sections of sidewalks shall be removed to the nearest I (e) Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated: as the main trench. (f) Pavement edges shall be! trimmed to a vertical face and neatly aligned with the center line of the trench. - 8 - I 1 1 Ordinance Number (g) Cutouts parallel to the trench line. outside of the lrench lines must be normal or (h) Boring or other methods to prevent cutting of new pavement may be required by the Administrative Authority. (i) Permittee shall not be required to repair pavement damage existing prior to excavation unless h~s cut results in small float- ing sections that may be unstable, in which base permittee shall remove and pave the area. Section 20.19 Depth of Structures No person shall, without written permission of the Adminis- trative Authority, install any substructure, except manholes, vaults, valve casings, culverts, and catch basins at a vertical distance less than: A. Streets (1) 24 inches below the established flow line of the nearest gutter. (a) If said flow line is not established, then the depth shall be at a minimum of 24 inches below the surface of the nearest outermost edge of the traveled portion of the street. B. Parkway (1) The m~n~mum depth of any substructure shall be 16 inches below established gutter grade when said substructure parallels the parkway. (2) The minimum depth of any substructure shall be 12 inches below the top of the established side- walk or curb when such substructure is at right angles to the parkway. C. Other Public Places (1) The minimum depth of any substructure in any other public place shall be 12 inches below the surface; provided, however, that the Adminis- trative Authority may permit a lesser depth in special cases. I Nothing in this section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes , . with the maintenance of, or travel on, a publ~c street. Section 20.20 Backfilling Fine material, free from lumps and stone, selected from the spoil shall be thoroughly compacted 'Bround and under the substructure to the upper level of such substructure. Abovel the upper level of the substruc- ture, backfill materiall shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolida- tion specified by the Administrative Authority. Broken pavement, large stones, roots and other debris shall not be used in the backfill. The number and size of each lift shall be dependant upon the type of soil involved. Such backfill shall be done in a I)lanner that will permit the restoration of the surface to a density condition not less than that exist- ing prior to excavation unless otherwise specified. The Administrative - 9 - I I I Ordinance Number Authority may require soil tests to be furnished by a recognized soil test- ing laboratory or registered professional engineer specializing in soil mechanics when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the Administrative Authority. All expense of such tests shall be borne by the permittee. Section 20.21 Restoration of Surface (a) By Administrative Authority Permanent resurfacing of excavations shall be made by the Administrative Authority. The top surface of the backfill shall be covered with one inch of bituminous temporary resurfacing material, by the permittee. Such temporary paving material shall be cold mix, except that the permittee may use or the Administrative Authority may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the Administrative Authority, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, by the Administrative' Authority, except that if it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicularltraffic, then the permittee shall maintain barriers and' lights where required herein. (b) By Permittee Upon completion of the backfilling, and when required, temporary resurfacing of an excavation within a public place for the instal- lation or removal of substructures, the Administrative Authority, at his option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done a manner and under specifications prescribed the the Adminis- trative Authority and subject to the inspection of the Administrative Authority, and shall be completed within a period of 90 days after such authorization to complete final resurfacing. Section 20.22 Trenches in Pipe Laying The maximum length of open trench permissible at any time shall be in accordance with existing ordinances, codes or regulations or as may be specified by the Administrative Authority and no greater length shall be open for pavement removal, excavation, const~uction, backfilling, patching and all other operations without the written permission of the Administra- tive Authority. Section 20.23 Prompt Completion of Work I After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or an near as may be, so as not to obstruct the public place or travel thereon more than is reasonably neces- sary. - 10 - - . 1 I I Ordinal).ce lilUmber - . Section 20.24 Urgent Work When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work the Administrative Authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the pbrmittee 24 hours a day to the end that such excavation work may be completbd as soon as possible. I Section 20.25 Emergency Action Nothing in this article shall be construed to prevent the making of such excavations a~ 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 making such excavation shall apply to the Administrative Authority for such a permit on the first working day after such work is commenced. Section 20.26 Noise, Dust and Debris Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Administrative Authority or in case of an emergency as herein otherwise provided, any tool, appliance or equip- ment producing noise of sufficient volume toldisturb the sleep or repose of occupants of the neighboring property. I I Section 20.27 Preservation of Monuments Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey refer- ence point, or a permanent survey bench mark within the City, shall not be removed or distrubed or caused to be removed or disturbed without first obtaining permission in writing from the Administrative Authority so to do. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replace- ment of this monument by the Administrative Authority. Section 20.28 Inspections , The Administrative Authority! shall make such inspections as are reasonably necessary in the enforcement of this article. The Adminis- trative Authority shall have the authority tb promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this ordinance. I Section 20.29 Maintenance of Drawings E .. I 11' h' . t very person ownJ.ng, uSJ.ng, contro J.ng or aVJ.ng an J.n er- est in substructures, under the surface of ahy public place used for the purpose of supplying or conveying gas, elect~icity, communication impulse, water, steam, ammonia or oil in the City, shbll file with the Administrative Authority within 120 days after the adoption, of this article a map or set of maps each drawn to a scale of not less than one (1) inch to 200 feet, scale showing in detail the plan location, size and kind of installation, if known, of all substructures, except servi~e lines designed to serve single properties beneath the surface of thei public place belonging to, used by or under the control of such person having any interest, and shall - 11 - .. , I' I I I Ordinance Number '. file with the Administrative Authority annually at a time specified by the Administrative Authority, a corrected map or set of maps each drawn to said scale including all installations made during the previous year to and including the last day of such year, provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals. Section 20.30 Liability of City The article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the City or any official or employee thereof be deemed to have assumed any such liabil- ity or responsibility by reason of inspections authorized hereunder the issuance of any permit or the approval of any excavation work. Section 20.31 Datum Plane The datum plane from which the elevations shall be measured and calculated for the grades of the streets and avenues and for other purposes in the city shall be determined from the Orange County Surveyor vertical control listing, a copy of which is on file in the office of the City Engineer. Section 2. directed to cause The city clerk of the City of Seal Beach this ordinance to be posted as required by ~1q1j is hereby law. ND ADOPTED this . 1973. day of dt.. ~.~. Mayor Pro-Tern ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, hereby certify ~t the foregoing ordinance was introduced at a regular meeting held on ~d~~ /~ , 1973, and was adopted, passed, and approved by the City / Council of-1De City of Seal Beach a~regu~ar meeting thereof held on the --<~ day of ( hl/~AY: , 1973, by the following vote: .jJ AYES: councilmen~ ,pL,~~ ~~1! _ --f/.eJ NOES: Councilmen ~ ABSENT: councilmen4& "'.../../772 A~ .J ~/~~~ WEIR, ty Clerk City of Seal Beach