Section 12.05.080 Construction and excavation by holders of franchises or license or leases.

A written permit will be obtained from the public works director whenever it becomes necessary for the holder of any franchise, license or lease to excavate in streets or public grounds of the city. Such permits shall state a particular part or point of the street where the excavation is to be made and the length of time in which such permit shall authorize the work to be done. An exception to a requirement for a permit shall be made in cases of emergency involving public safety, in which case a permit will be obtained at the earliest opportunity after the work has started. The city manager may make arrangements with a franchise holder for a blanket permitting system providing the franchise holder submits periodic reports to the City, as required by the city manager, which report all excavations in public right-of-way for the reporting period. However, individual permits shall be required for any excavation within the traveled portion of the public right-of-way.

In making excavations in the streets, the holder of any franchise, license or lease shall proceed with such work as to cause the least possible inconvenience to the public. The holder of any franchise, license or lease shall properly protect, according to safety standards generally accepted at the time of placement, as may be determined from time to time by the public works director, all excavations and obstructions by proper placement of shoring, surface plates, barricades, warning lights and such other or additional devices as circumstances may warrant. If in the opinion of the public works director such excavation or obstruction is not properly and safely protected, the public works director shall notify such holder of a franchise, license or lease who shall immediately comply with such reasonable instructions. No excavation in the traveled portion of the public right-of-way shall be left opened and with no work in progress for more than five days. No excavation in the parkway shall be left opened and with no work in progress for more than ten days. However, the city manager may direct an excavation be temporarily filled or covered where necessary for the public safety and convenience of the traveling public.

Immediately after use, any trenches for excavations which the holder of a franchise, license or lease has opened shall be filled. However, no trench or excavation in the streets shall be filled or covered without giving the city the right to inspect the same. All backfilling in streets shall be according to city specifications. Temporary street surfacing may be required in such excavation as soon as the same has been backfilled. Pavements, sidewalks, curbs and gutters or other portions of streets and public places opened, disturbed or damaged shall be promptly restored and replaced with like materials at the expense of the holder of a franchise, license or lease and left in as good condition as before the opening, disturbance or damage occurred. In the event like replacement materials are not available, the holder of the franchise, license or lease shall notify the public works director who must approve the use of any alternate materials. In the event that the holder of a franchise, license or lease fails to comply with the provision of this section, after having been given reasonable notice, the city may do such works as may be needed to properly repair such pavements, sidewalks, curbs and gutters or other portions of streets and public places and the cost thereof shall be repaid to the city by the holder of the franchise, license or lease. In cases where a cut or disturbance is made in a section of street paving or sidewalks, but causes greater disturbance than to just the area cut, rather than replace only the area cut, the holder of a franchise, license or lease shall replace that area as may be ordered by the public works director, which in no event shall exceed the panel or panels disturbed. All work shall comply with the city's requirements for patchback and repair. (Ord. 98/U-6224; S-38669, 1979)