HomeMy WebLinkAbout5240RDI NANO: NO . 4
AN ORDINANCE REGULATID?G THE OPINING AND EXCAVATING OF
STREETS, ALLEYS, SIDEWALKS, AND OTHER PUBLIC GROUNDS; REQUIRING A
PERMIT TFEREFOR AND PAYMENT OF A FEE; IMrOSI2dG REQUIREMENTS FOR THE
PROTECTION OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVATION WORK,
INCIUDING TRAFFIC AND PEDESTRIAN SAFEGUARDS AND THE PROTECTION OF
UTILITIES AND OTHER PROPERTY; REGULATING THE BACK -FILLING AND RESUR-
FACING OF EXCAVATIONS; PRESCRIMM SURETY BOND, INSURANCE AND DEPOSIT
REQUIREMENTS; PROHIBITING EXCAVATIONS IN NEW PAVEMENTS FOR A PERIOD
OF FIVE YEARS; PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS
AND REPEALING ORDINANCE NO. 36.
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF LOS AUTOS
HILLS.
SECTION I. SHORT TITLE
1:10 Title. This Ordinance shall be known and may be cited as
the "Street Excavation Ordinance of the Town of Los Altos Hills."
SECTION II. DEFINITIONS
2:10 For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given
herein. 'then 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.
(A) "Applicant" is any person making written application
to the City Clerk for an excavation permit hereunder.
(B) "City" is the Town of Los Altos Hills.
(C) "City Council" or "Council" is the City Council of the
Town of Los Altos Hills..
(D) "City Engineer" is the City Engineer of the Town of Los
Altos Hills.
(E) "Excavation Work" is the excavation and other work
permitted under an excavation permit and required to be performed un-
der this Ordinance.
(F) "Permittee" is the person who has been granted and has
in full force and effect an excavation permit issued hereunder.
(G) "Person" is any person, 9.rm, partnership, association,
corporation, company or organization of any kind.
(H) "Street" in any street, highway, sidewalk, alley, ave-
nue, or other public way or public grounds in the City.
SECTION III. EXCAVATION PERMIT
3:10 Permit. It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any
street or to make or cause to be made any excavation in or under the
surface of any street or make any connection thereto for any purpose
or to place, deposit or leave upon any street any earth or other exca-
vated material obstructing or tending to interfere with the free use
of the street, unless such person shall first have obtained an exca-
vation permit therefor from the City Clerk as herein provided.
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No permit shall be required for the installation of any
aerial public utility plant in a street easement where the paved por-
tion of the street is not disturbed.
SECTION IV. APPLICATION
4:10 Application. No excavation permit shall be issued unless a
written application for the issuance of an excavation permit is submit-
ted to the City Clerk. The written application shall state the name
and address of the applicant, the nature, location and purpose of the
excavation, the date of commencement and date of completion of the ex-
cavation, and other data as may reasonably be required by the City En-
gineer. The application shall be accompanied by plans showing the ex-
tent of the proposed excavation work, the dimensions and elevations of
both the existing ground prior to said excavation and of the proposed
excavated surfaces, the location of the excavation work, and such other
information as may be prescribed by the City Engineer.
SECTION V. EXCAVATION PERMIT FEES
5:10 Permit Fees. A permit fee shall be charged by the City Clerk
for the issuance of an excavation permit which shall be in addition to
all other fees for permits or charges relative to any proposed con-
struction work.
The excavation permit fee shall be one dollar ($1.00) for
each permit.
SECTION VI. EXCAVATION PLACARD
6:10 Excavation Placard. The City Clerk shall provide each per-
mittee at the time a permit is issued hereunder a suitable placard
plainly written or printed in English letters at least one inch (1")
high with the following notice: "Town of Los Altos Hills Permit
No. ^xpires " and in the first blank space there shall
be inserted the number of said permit and after word "expires" shall
be stated the date when said permit expires. It shall be the duty of
any permittee hereunder to have the permit available for inspection at
the site of the excavation work. It shall be unlawful for any person
to exhibit such placard at or about any excavation not covered by such
permit, or to misrepresent the number of the permit or the date of ex-
piration of the permit.
SECTION VII. SURETY BOND
'7:10 Surety Bond. Before an excavation permit as herein provided
is issued, the applicant shall deposit with the City Clerk a surety
bond in an amount to be determined by the City Clerk paybable to the
City. The required surety bond must be:
(A) With good and sufficient surety;
(B) By a surety company authorized to transact business in
the State;
(C) Satisfactory to the City Attorney in form and substance;
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(D) Conditioned upon the permittee's compliance with this
Ordinance and to secure and hold the City and its officers harmless a-
gainst any sad all claims, jud.7ements, or other costs arising from the
excavation and other work covered by the excavation permit or for which
the City, the City Council or any city officer may be made liable by
reason of any accident or injury to persons or property through the
fault of the permittee either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good and safe
condition to Town Specifications, and to the satisfaction of the City
Engineer, all openings and excavations made in streets, and to maintain
any street where excavation is made in as good condition for the per-
iod of twenty-four (24) months after said work shall have been done,
usual wear and tear excepted. Any settlement of the surface within
said two-year period shall be deemed conclusive evidence of defective
back -filling by the permittee. Nothing herein contained shall be con-
strued to require the permittee to maintain any repairs to pavement
made by the City if such repairs should prove defective. Any owner of
real estate repairing or engaging another to repair his own sidewalk
shall not be required to give such bond.. Recovery on such bond for
any injury or accident shall not exhaust the bond but it shall in its
entirety cover any or all future accidents or injuries during the ex-
cavation work for which it is given. In the event of any suit or claim
against the City by reason of the negligence or default of the permit-
tee, upon the City's given written notice to the permittee of such suit
or claim, any final judgement against the City requiring it to pay for
such damage shall be conclusive upon the permittee and his surety.. An
annual bond may be given under this provision which shall remain in
force for one (1) year conditioned as above, in the amount specified
above and in other respects as specified above, but applicable as to
all excavotion work in streets by the principal in such bond during the
term of one year from said date.
SECTION VIII. CASH MPOSITS
8:10 Cash Deposits. The application for an excavation permit to
perform excavation work under this Ordinance shall be accompanied with
a cash deposit, made to the City Clark for deposit with the City Trea-
surer, as follows: a sum equal to forty-five cents ($.45) per square
foot of surface of each excavation to be made. No deposit shall be
less than fifty dollars ($50.00). Any person intending to make openings
cuts, or excavations in streets may make and maintain with the City
Treasurer a general deposit in the sum of five thousand dollars
($5,000.00), 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 Ordi-
nance. Any special or general deposit made hereunder shall serve as
security for the repair and performance of work necessary to bring the
affected area to the Town Specifications if the permittee fails to
make the necessary repairs or to complete the property refilling of the
opening and the excavation work under the excavation permit.
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Upon the permittee's completion of the work covered by such permit in
conformity with this Ordinance as determined by the City Engineer, two
thirds (2/3) of such cash deposit, except in the case of an annual de-
pos?.t, ahall be promptly refunded by the City to the permittee and the
balance shall be refunded by the City to the permittee upon the expir-
ation of such twenty-four (24) months' period; provided, however, that
as to any annual deposit two thirds (2/3) thereof 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)
months' period following the completion of such excavation work; and
provided further that the City may without notice use any or all of
any such deposit to pay the cost of any work the City performs to re-
store or maintain the street as herein provided in the event the per-
mittee fails to perform such work, in which event the amount refunded
to the permittee shall be reduced by the amount thus expended by the
City.
SECTION IX- ROUTING OF TRAFFIC
9:10 Traffic. The permittee shall take appropriate measures to
assure that during the performance of the excavation work traffic con-
ditions as nearly'normal as practicable shall be maintained at all
times so as to cause as little inconvenience as possible to the occu-
pants of the abutting property and to the general public, provided
that the City Clerk may permit the closing of streets to all traffic
for a period of time prescribed by his if in his opinion it is neces-
sary. The permittee shall route and control traffic including its own
vehicles as directed by the City Police Chief. The following steps
shall be taken before any highway may be closed or restricted to traffic:
(A) The permittee must receive the approval of the City Clerk
and th,. Police therefor;
(3) The permittee must notify the Chief of the Are Protect-
ion District of any street so closed.
(C) Upon completion of construction work the permittee shall
notify the City Clark and the City Police Chief before traffic is mov-
ed back to its normal flow so that any necessary adjustments may be
made;
(D) 'dhere flagmen are deemed nesessary by the City Clerk
they shall be furnished by the permittee at its own expense. Through
traffic shall be maintained without the aid of detours, if possible.
In instances in which this would not be feasible the City Clerk will
designate detours. The City shall maintain roadway surfaces of existing
highways designated as detours without expense to the permittee, but in
case there are no existing highways the permittae shall construct all
detours at its expense and in confjirmity with the specifications of the
City Engineer. The permittee will be responsible for any damage caused
to any highways by the operation of its equipment.
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SECTION X. CLEARANCE FOR FIRE EQUIPMENT
10:10 The excavation work shall be performed and conducted so as
not to interfere with access to fire stations and fire hydrants. Mat-
erials or obstructions shall not be placed within fifteen feet (15')
of fire plugs. Passageways leading to fire escapes or fire -fighting
equipment shall be kept free of piles of material or other obstructions.
SECTION XI. PROTECTION OF TRAFFIC
11:10 The permittee shall so conduct his activities to confine
earth from trenches or other excavations in order to encroach upon
highways as little as possible. The permittee shall construct and main-
tain adequate and safe crossings over excavations and across highways
under improvement to accommodate vehicular and pedestrian traffic at
all street intersections. Vehicular crossings shall be constructed and
maintained of adequate size to accommodate vehicular traffic safely.
SECTION XII. REMOVAL AND PROT"�CTION OF UTILITIES
12:10 The permittee shall not interfere with any existing city
owned utility without the written consent of the City Engineer or with
any other utility without the consent of the owner of such utility. If
it becomes necessary to protect, remove, or relocate an existing utili-
ty this shall be done by its owner at the expense of permittee. In case
any city owned or privately owned utility is damaged by permittee, it
shall be repaired by the agency or person owning it and the expense of
such repairs shall be charged to the nermittee, and his or its bond
shall be liable therefor. The permittee shall inform itself as to the
existence and location of all underground utilities and protect the
same against damage.
SECTIO:? ::III. PROTECTION OF ADJOINING PROPERTY
1 ::'_-J The permittee shall at all times and at his or its own ex-
pense nr,-eerae and protect from injury any adjoining property by provides
ing prc)er foundations and taking other measures suitable for the pur-
pose. Where in the prcyection of such property it is necessary to en-
ter upon private property for the purpose of taking appropriate pro-
tective measures, the permittee shall ottain a license from the owner
of such private property for such purpose.
SECTION XIV. SIDEWALK EXCAVATIONS
14:10 Any excavation made in any sidewalk or under a sidewalk
shall be provided with a substantial and adequate footbridge over said
excavation on the line of the sidewalk, which bridge shall be at least
three feet (3') wide and securely railed on each side so that foot
passengers can pass over safely at all times.
SECTION XV. PFOTECTIVE MEASURES
15:10 The permittee shall erect such fences, railings, or barriers
about the site of the excavation work as shall prevent danger to per-
sons using the City Street or sidewalks, and such protective barriers
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shall be maintained until the work whall be completed or the danger re-
moved. At twilight there whall be placed upon such place of excavation
and upon any excavated materials or structures or other obstructions
to streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions. It
shall be unlawful for anyone to remove or tear down the fence or rail-
ing or other protective barriers or any lights provided there for the
protection of the public.
SECTION XVI. ATTRACTIVE NUISANCE
16:10 It shall be unlawful for the permittee to suffer or permit
to remain unguarded at the place of excavation or opening any machinery,
equipment or other device have the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety or
health.
SECTION XVII. CARE .OF EXCAVATED MATERIAL
17:10 All material excavated from trenches and piled adjacent to
the trench or in any street shall be piled and maintained in such man-
ner as not to endanger those working in the trench, pedestrians or
users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the con-
fines of the area being excavated are too narrow to permit the piling
of excavated material beside the trench, the City Clerk shall have the
authority to require that the permittee haul the excavated material to
a storage site and then rehaul it to the trench site at the time of
back -filling. It shall be the permittee's resronsibility to secure the
necessary pFrmission and make all necessary arrangements for all requir-
ed storage and disposal sites.
SECTION 77111. DAMA ' TO EXISTING IMPROVEMENTS
16:!.0 All dar.age done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the ranuirements of any applicable
code or ordinance. If upon being ordered the permittee fails to fur-
nish the necessary labor and materials for such repairs, the City En-
gineer shall have the authority to cause said necessary labor and mat-
erials to be furnished by the City and the cost shall be charged against
the permittee, and the permittee shall also be liable on his or its
bond therefor.
SECTION XIX. PROPERTY LINES AND EASEMENTS
19:10 Froperty lines and limits of easements shall be indicated
on the plan of excavation submitted with the aprlication for the exca-
vation permit.
SECTION XX. CLEAN-UP
20:10 As the excavation work progresses all streets and private
properties shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from such work. All clean-up operations
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at the location of such execavation shall be accomplished at the ex-
pense of the permittee and shall be completed to the satisfaction of
the City Clerk.. From time to time as may be ordered by the City Clerk
and in any event immediately after completion of said work, the permit-
tee 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 twenty-four (24) hours after having been notified to do
so by the City Clerk, said work may be done by the City Clerk 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 XXI.. PROTECTION OF WATER COURSES
21:10 The permittee shall provide for the flow of all water
courses, sewers or drains intercepted during the excavation work and
shall replace the same in as good condition as it found them or shall
make such provisions for them as the City Clerk may direct.. The per-
mittee shall not obstruct the gutter of any street but shall use all
proper measures to provide for the free passage of surface water. The
permittee shall make provision to take care of all surplus water, muck,
silt, surface runoff, clickings or other run-off pumped from excavations
or resulting from sluicing or other operations and shall be responsible
for any damage resulting from its failure to so provide.
SvCTION XXII. BREAKING THROUGH PAVEMENT
22:10 Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be four feet (4') or
over in depth, the pavement and the base shall be removed to at least
six inches (6") beyond the outer limits of the sub -grade that is to be
disturbed in order to prevent settlement, and a six inch (6") shoulder
of undisturbed material shall be provided in each side of the excavated
trench. The face of the remaining pavement shall be approximately
vertical. A power -driven concrete saw shall be used so as to permit
complete breakage of concrete pavement or base without ragged edges.
Asphalt paving shall be scored or otherwise out in a straight line.. No
pile driver may be used in breaking up the pavement.
SECTION XXIII. T-ENCHING
23:10 Unless the permittee receives written permission from the
City Engineer, all excavation for pipelines shall be by open cut.
Trenching machines and other types of eo_uipment may be used except where
their use will result in damage to existing facilities.
In all cases where pipe with bell or collared ends is to be
laid, bell holes shall be excavated so that the pipe, when laid, will
rest the full length of the barrel on the bottom of the trench or pre-
pared foundation. In case the trench is excavated below the grade call-
ed for on the drawings, it shall be refilled to grade, at the Permittee's
expense, with clean sand well tamped in place.
SECTION XXXIV.. BEDDING
24:10 Unless the trench bottom is of rock, the pipe shall be placed
directly upon such foundation as is encountered in the trench bottom.
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Where the foundation requires stabilization because there ex-
ists a soft, wet, spongy, or unstable condition, or where the permit-
tee wishes to underdrai.n the pipe for his own purposes gravel or
crushed rock shall be used to stabilize the foundation. `here the nat-
ural trench bottom is of rock, the trench shall be dug three inches
(3") deeper than the grades shown on the plans and refilled with clean,
well tamped sand to grade.
SECTION M. BACKFILL
25:10 Initial Backfill. After the pipe has been properly laid and
inspected, select backfill material, as hereinafter specified shall be
plzced around and over the pipe to a depth of six (6")inches and thor-
oughly compacted by hand tamping to a density of ninety-five per cent
(950/6) of maximum in accordance with AASHO T99• The select backfill
material shall be clean quarry waste, clean natural sand, gravel, or mat-
erial excavated from the trench, free of organic matter and of such
size that ninety-five per cent (95%) will pass a one-half (yk) inch
sieve, and not more than fifteen ,per cent (15%) will pass a No. 200
sieve when tested in accordance with ASTM D422-39•
25:20 Subsequent Backfill. All remaining backfill shall be placed
and compacted to a density equal to at least that of the original native
soil before excavation. Tater tamping by approved methods will be per-
mitted upon those portions of the work which in the opinion of the City
Engineer are to be backfilled with material that is suited to water
settling. Backfill shall consist of material excavated from the trench
unless in the opinion of the City Engineer select imported backfill is
required.
Select imported backfill material shall be sandy or granular
material of such size that One Hundr.d per cent (100%) will pass a
four inch (4") square sieve, and not more than thirty-five per cent
(3505) will pass a No. 200 sieve. It shall be readily compactable by
flooding or jetting,
When backfill is to be compacted by jetting, it shall be placed
in layers not exceeding three feet (3') in depth, each layer being thor-
ougly compacted before the succeeding layer is placed. Jetting shall be
accomplished by thoroughly and uniformly wetting each layer by means of
jet pipes of sufficient length to reach the bottom of the layer.
SECTION XXVI. REPAVITT".
26:10 The permittee shall restore all pavement over excavated
areas with like material and to the some condition as it existed before
construction; however in no case shall the restored. pavement be less
than the following:
(A) Twelve inches (12") of approved base material compacted
to ninety-five per cent (950/) of maximum as determined by tests conform-
ing to AASHO T99
If repaving with as asphaltic type surfacing is necessary,
it shall be no less than the following;
(B) One (1) prime coat of SC -1 penetrating oil applied at the
rata of 0.25 gal/sq/yd to the base rock, and allowed to penetrate for at
least twenty-four (24) hours.
(C) A two and one-half inch (2)�") layer of hot plant mix as-
phaltic concrete, rolled and finished to proper elevation. Plant mix
shall be Type B as described in California Mate Highway Standard
Specifications, dated August, 1954.
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(D) A Fog peal Coat applied at the rate of .05 gal/sq/yd.
If repaving is to be coneroto, all concrete -ork shall be
Class B as described in the California State =highway Specification,
dated August, 1954 unless Class A concrete is otherwise required by
the City Engineer.
SECTION %'_[VII. TEPZT'ORARY SURFACE
27:10 The permittee may be reeuired to place a. temporary sur-
f -ace over openings made in paved traffic lanes. except when the pave-
ment is to be replaced before the opening of the cut to traffic, the
fill above the bottom of the paving slab shall be made with suitable
material well tamped into place and this fill shall be topped with a
minimum of at least one (1) inch of bituminous mixture which is suit-
able to maintain the opening in good condition until permanent restor-
ation can be made. The crown of the temporary restor^.tion shall not
exceed one inch (1") above the adjoining pavement. The permittee
shall exercise special caro in such temporary restorations and
must maintain such restorations in safe traveling condition until such
time as permanent restorations arc med.e. The asphalt which is used
shall be in accordance with the spocific;.tions of the City Engineer.
If in the judgement of the City Engineer it is not expedient to re-
place the pavement over any cut or excavation m^de in the street upon
completion of the work allowed under such permit by reason of the
looseness of the earth or weather conditions he may direct the permit-
tee to lay a. temporary pnvcment of wood or other suitable material de-
signated by him over such cut or excavation to remain until a such
time as the repair of the original _ravemont nay be properly made.
Acceptance or approval of a.ny excavation work by the City
Engineer shall not prevent the City fron asserting a claim against the
permittee and his or its surety under the surety bond required here-
under for incomplete or defective work if discovered i,ithin twenty-
four (24) months from the complati.on of the excavation work. The City
Inspector's presence during the performance of any exc^.vstion �,ork
shall not relieve the permittoo of its responsibilities hereunder.
SECTION XXVIII. CITY'3 RIGiiT TO R 3TCRE SURFACE
28:10 If the permittee shall have failed to restore the surface of
the street to Town's Specifications upon the expiration of the time
fixed by such permit or shall otherwise have failed to complete the
excavation work covered by such permit, the City Engineer, if he deems
it advisable, shall have the right to do all work and things necessary
to restore the street. The permittee shall be liable for the actual
cost thereof and twenty-five per cent (25%) of such cost in addition
for general overhead and administrative expenses. The City shall have
a. cause of action for all fees, expenses and amounts paid out and due
it for such work and shall supply in payment of the amount due it any
funds of the permittee deposited as herein provided and the City shall
also enforce its rights under the permittee's surety bond _provided
pursuant to this Ordinance.
It shall be the duty of the permittee to guarantee and main-
tain the site of the excavation work in the same condition it was prior
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to the excavation V two (2) years after ros4ing it to its original
condition, ordinary wear, tear and causes beyond permittee's control
excepted.
SECTION XXIX. TRENCIiES IN PII'E LIYING
29:10 Except by special permission from the City Engineer, no
trench shall be excavated more than two hundred fifty feet (250') in
advance of pipe laying nor left unfilled more than five hundred feet
(500') where pipe has been laid. The length of the trench that may be
opened at any one time shall not be greater than the length of pipe
and the necessary accessories which are available at the site ready to
be put in place. Trench shall be braced and sheathed according to gen-
erally accepted safety standards for construction work as prescribed
by the City Engineer. No timber bracing, leggin,^, sheathing or other
lumber shall be left in any trench.
SECTION XXX. PROMPT COYSLETION OF 'JORK
30:10 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 Town Specifications as
soon as practicable and in any event not later than the date specified
in excavation permit therefor. ,
SECTION XXXI. URGENT WORK
31:10 If In his judgement traffic conditions, the safety or con-
venience of the traveling public or the public interest require that
the excavation work be performed as emergency work, the City Engineer
shall have full.power to order, at the same the permit is granted, that
a crew of men and adequate facilities be employed by the permittee
twenty-four (24) hours a dey to the end that such excavation work may
be completed as soon as possible.
SECTION 'XMII. WERGENCY ACTION
32:10 In the event of any emergency in which a sewer, main, con-
duit or utility in or under any street breaks, burst, or otherwise is
in such condition as to immediately endanger the property, life, health
or safety or any individual, or interferes with a necessary utility
service, the person owning or controlling such sewer, main, conduit or
utility, without first applying for and obtaining an excavation permit
hereunder, shall immediately take proper emergency measures to cure or
remedy the dangerous conditions for the protection of property, life,
health and safety of individuals, or to protect or re-establish such
necessary utility service. However, such person owning or controlling
such facilities shall apply for an excavation permit not later than
the end of the next succeeding day during which the City Clerk's office
is open for business.
SECTION XXXIII. NOISE, DUST AND DEBRIS
33:10 Each permittee shall conduct and carry out the excavation
work in such manner as to avoid unnecessary invonvenience and annoyance
to the general public and occupants of neighboring property. The per-
mittee shall take appropriate measures to reduce to the fullest extent
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practicable in the performance of the excavat.ion work, noise, dust and
unsightly debris and during the hours of 10:00 P. M. and 7:10 A. M.
shall not use, except with the express written permission of the City
Engineer or in case of any energoncy as herein otherwise provided,
any tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring prop-
erty.
SECTION 7X -M. EXCAVATIONS BARRED IN FTT' ST=,,T IMPROVEM'NTS
34:10 'dIhcnever the City Council enacts any ordinance or resol-
ution providing for the paving or repaving of any street, the City
Clerk shall promptly nail a written notice thereof to each person own-
ing any sewer, main, conduit or other utility in or under said street
or any real property, whether improved or unimproved, abutting said
street. Such notice shall notify such persons that no excavation per-
mit shall be issued for openings, cuts or excavations in said street
for a period of five (5) years after the date of enactrent of such
ordinance or resolution. Such notice shall also notify such persons
that applications for excavation permits, for work to be done prior to
such paving or repaving, shall be submitted. promptly in order that the
work coverod by the excavation permit may be completed not later than
forty-five (45) days from the date of enactment of such ordinance or
resolution. The City Clerk shall also promptly mail copies of such
notice to the occupants of all houses, buildings, and other structures
abutting said street for their inform?.tion and to State agencies and
City departments or other persons that may desire to perform excava-
tion work in said City Strout.
'Within said forty-five (45) days every public utility company
receiving notice as prescribed herein shall Perform such excavation
work, subject to the provisions of this Ordinance, as may be necessary
to install or repair sewers, rains, conduits or other utility installa-
tions. In the event any owner of real property abutting said street
shall fail within said forty-five (45) days to perform such excavation.
work as nay be reruirod to inst^11 or r:pair utility service lines or
service connections to the property lines, any and all rights of such
owner or his successors in interest to -,aka openings, cuts or excava-
tions in said street shall be forfeited for a periodof five (5) years
from the date of enactment of said ordinance or resolution. During
said five (5) year period, no excavation permit shall be issued to
open, cut, or excavato in said street unless with the approval of the
City Engineer, the applicant for a. perrit can show that it is necessary
that the excavation permit be issued.
Every City Department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street is directed to take appropriate measures to perforr such
excavation work within said forty-five (45) day period so ,as to avoid
the necessity for making any openings, cuts or excavations in the new
pavement in said City structs during said five (5) year period.
SECTION *V. FREUV.4TION OF MONUMENTS
35:10 The permittee shall not disturb ^ny surface monuments or
hubs found on the line of excavation work until ordered to do so by
the City Engineer.
SECTION XXXVI. INSPECTIONS
36;10 The City Inspector shall make such inspections as are rea-
sonably necessary in the enforcement of this Ordinance (and the City
may bill the permittee its actual costs for inspections).
The City Engineer shall have the authority to promulgate
and cause to be enforced such rules and regulations as may be reason-
ably necessary to enforce and carry out the intent of this Ordinance.
SECTION XXXVII. MAINTAIN DRAWINGS
37:10 Users of sub -surface street space shall maintain drawings
and plans showing the approximate location, depth, and character of
all underground structures.
SECTION XXXVIII. ORDINANCE NOT AFFLIC;IBLE TO CITY 1,10RX
38:10 The provisions of this Ordinance shall not be applicable
to any excavation work under the direction of competent City authorities
by employees of the City or by any contractor of the City performing
work for and in behalf of the City necessitating openings or excava-
tions in streets.
SECTION XMIX. INSUR.iNCE
39:10 A perr.;ittee, prior to the commencement of excavation work
hereunder, shall furnish the City Clerk satisfactory evidence in writing
that the permittee has in force and will maintain in force during the
performance of the excavation work and the period of the excavation
permit public liability insurance of not less than One Hundred Thousand
Dollars ($100,000) for any one person and Three Hundred Thousand Dollars
(1300,000) for any one accident and property damage insurance of not
less than Fifty Thousand Dollars ($50,000) duly issued by an insurance
company authorized to do business in this State.
SECTION XL. LIABILITY OF CITY
40:10 This Ordinance 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
liability or responsibility by reason of inspection authorized here-
under, the issuance of any perr_it or the approval of any excavation
work.
SECTION XLI. PUBLIC UTII:ITIES
41:10 All public utilities holding valid franchise rights to oc-
cupy City streets may file with the City a company bond in a form and
amount satisfactory to City and if satisfactory, the requirements of
Sections VII and VIII of this Ordinance are waived.
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SECTION tleI. PENVIES
42:10 Violation of this Ordinance sh-^.11 constitute a misdemeanor
and shall be punishable by a fine not exceeding Three Hundred Dollars
(8300.00) or imprisonment not exceeding thirty (30) days in such jail
facilities as nay then be in use by the Town of Los Altos Hills. Each
day such violation is comnitted, or permitted to continue, shall con-
stitute a separate offense and shall be punishable as such hereunder.
SECTION XLIII. SEPARABILITY
43:10 If any section, sub -section, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent juridiction, such de-
cision shall not affect the validity of the remaining portions of the
Ordinance. The City Council of the Town of Los Altos Hills, State of
California, hereby declares that it would have passed this Ordinance
and each section, sub -section, sentence, clause and phrase thereof,
irrespective of the fact that any one or more other sections, subsect-
ions, clauses or phrases be declared invalid or unconstitutional.
SECTION XLIV. ORDIN-UTCES REFEALED
44:10 Ordinance No. 36 is hereby repealed.
SECTION XLV. This Ordinance shall be posted in three (3) public places
in the Town of Los Altos Hills and shall become effective thirty (30)
days after its adoption.
PASSED AND ADOPTED by the City Council of the Town of
Los Altos Hills this 18M day of May, 1959 by the following vote:
AYES: Councilmen Clayton, Henley, Mayor Fowle
NOES: Councilman Sherlock
ABSENT: Councilman Bledsoe
APPROVED:
ATTEST: CERTFIED
My Clerk V
77 Cit- nark
5-29-59
rinyor