Ordinance - 506ORDINANCE NO. 506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, REGULATING THE MAKING OF EXCAVATIONS IN PUBLIC STREETS,,
ALLEYS AND OTHER PUBLIC PLACES; PROVIDING PENALTIES FOR THE VIOLATION
HEREOF AND REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH.
THE CITY rCOUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1 Definitions:. For the purpose of this Or4ftance the follovotag
words and phrases are defined, and shall be construed as hereinafter set out, unless
t shall be apparent from the context that they have a different meaning:
"Asphalt Pavement" shall mean any surface which is paved with a mixture
of rock, panda and asphalt cement, including any of .those which are commonly known
as sheet asphalt, asphalt, concrete, or bitulithic pavements.
"City" means the City of West Covina, County of Los Angeles, State of
California.
"City Engineer" means the City Engineer or duly appointed Engineer of work
of the City of West Covina, or his authorized deputy, representative, or inspector.
"Concrete Pavement" shall mean any surface which is paved wit4- Portland
cement concrete.
"Concrete Gutter" shall mean any gutter constructed of Portland .cement
concrete.
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"Concrete Driveway" shall mean any driveway paved with Portland cement
concrete.
"Curb" shall mean any curb constructed of Portland cement concrete.
1. "Danger Sign" shall mean any sign that may be required by the City Engineer
to provide for thepublic safety and convenience.
"Manhole" shall mean any subsurface structure, which .is a part of any
4nderground system, such as sewer, storm drain, water,. gas, electric light, electric
power, telephone, oil or other underground pipe or wire system, and v%ich has a .
surface cover with an exposed area of one and one-half (1-1/2) square feet or snore,
14Oiled Surface" shall mean any surface of street which, is composed of a
mixture of one or more spray coats of road oil with sand, crushed rock, or decomposed
granite, having a total average thickness of approximately one inch or less.
"Person" means any individual® firm, co -partnership, joint adventure,
association, social club, fraternal orgainzati.on, corporation, estate, trust, business
Waast, receiver, syndicate, municipality, district or other political subdivision, or
any other group or combination acting as a unit and the plural as well as the singular
number.
` "Pr. ospact Hole" shall mean any hole or excxration made in ad pavement,
driveway, sidewalk, or street area by driving .a rnetal bar or drill into the same or an
excavation made for the purpose of locating existing utility pipras or conduits or leaks
therefrom.
„Red Flag" shall rnean. a flag Yrnade of bright red cloth with, an area of 'at
least one and. one -half (I -1 /2.) square feet of which one dimension must be at least
twelve (12) inches,
"Red Light" shall mean a lighted red lantern or an electric light, which
Ismits a red light at least equal to a lighted red lantern and can be seen at a. distance
of not less than three hundred (300) feet,
"Rock and Oil Pavement" shall mean. -any pavement, the, surface of which is
composed of macadam pavement or a mixture of rock, sand and either road oil or
liquid asphalt, having a total average thickness of more than. one (1) inch.
"Sidewalk" .shall rne;an any pavement or surfacing, provided for,the ekelusive
use of I ,ede striant o .
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"Stake Hole" shall a-nean )..Yky holp made ir, a paverae.nf, driveway, or sidewalk
by d-riving a metal bar or pin into the s,,-).-rne for niow-ing a house, or for any similar
purpose.
"Unirnpro,red Street" shaI1 ineaii any itreet Cie surface of which is composed
of dirt, soil, sand, gravel, deconiposed granite, or similar materials in their natural '
state.*) or a surface of unbound or waterbound gravel or decomposed granite.
"Sand Equiva."Lent Value" s'hall. be determined in accordance with Test Method
6-17--B of th(t State of California, Depa-�.,Y,nert of WoT..ks, D'ivision of Highways.
"Re ]lative Compaction" be., in accordance v7ith Test Method
Z1,6-C of thr� State of Ca-lifornia, De-partmremt o+' Pub.lic Works,, Di,,,,ision of Highways.
SECTION 2. Permit'Must Be Obtained,,:
It shall. be un.lavfful for any person to rria-ke, or caus(� or permit to be made,
any excavation or otlter wort in or under tlhe surfacr;: olf. any street, al) - ey, sidewalk,
easement ur ot.ner public p.lace in the City ol'West Covina witl.-iout. first obtaining from
they City Engineer a perrnit to ?,-naRe si:Aic,1 or perform such work,
The City Engineer, before issuing such pex-mit, shall requirx,-,
(a) A written application. the.t,efor, to be rnade, to and filed with said City
Engineer, wherein the applicant. shall set foz.th the, narne arLd residence or business
*ddress
of fhe person making such applicat-ion, and state in. detail the area of
each excavation intended to be rnade, and the purpose for which the excavation,is to
be made and used.
(b) The presentation of a plat, in triplicate, showii-�.g the proposed location
of each proposed excavation and the dimensions there -of, and sucix other details as
the Czty Engineer may require to be shown upon said plat, provided, that the filing
of plats shall not be required when excavations are made for service connections,
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for the .location of trouble in conduits or pipes, or for making emergency repairs
thereto.
(c) That the applicant must show legal authority of the applicant'.s right
to occupy, use, excavate in or work upon the street, alley, easement, sidewalk, or
other public place for the purposes. set forth in the application.
SECTION 3. Application Form:
The City Engineer shall provide application forms for the permits provided
•or by this Ordinance, indicating thereon the information to be furnished by the
applicant. The City Engineer may require in addition to the information furnished
by the printed form, any additional information from the applicant which will enable
the City Engineer to determine that the proposed work or use complies with the
provisions of. this. Ordinance.
SECTION 4. Perinits - Granted Subject to Rights of City:
Every permit for any excavation in or under the surface of any street shall
be granted subject to the right of this City, or of any other person entitled thereto,
to use that part of said street: for any purpose for which such street may be lawfully
used.
SECTION 5. Permits Kept on Job:
• No person shall fail to keep the original permit or a copy thereof signed.
by the City Engineer at all times while such work is in progress at the location for
which such permit was granted for making any excavation, or making or filling any
excavation, or for maintaining building material or debris, or fail upon demand
therefor to exhibit such permit to any member or inspector of the Engineering Depart- ...
rnent or any police officer.
SECTION 6. Permits Not Transferable:
Permits issued under this Ordinance are not transferable from one person
to another and the excavation shall not be made any place other than the location
specifically designated therein..
SECTION 7. Franchise Requirements:
No person shall lay down or maintain in any street, any pipe or conduit,
or any connection therewith, without first having obtained ' the, tequired
franchise or privilege of using such street for that purpose.
SECTION 8. State Highway Permits:
The person obtaining a permit under the provisions of this Ordinance from
the City. Engineer for the purpose of making an excavation in a state highway shall,
before commencing work thereon, obtain a permit from the State Department of
Public Works (Division of Highways).
SECTION 9. Flood Control Permits:
The person obtaining a permit under the provisions of this Ordinance from
the City Engineer for the prupose of making an excavation in a County Flood Control
right-of-way shall, before .commencing work thereon, obtain a permit from the Los
Angeles County Flood Control District.
0 SECTION 10. Excavations - Power to Regulate:
The City Engineer shall adopt such reguaations for the location, size and
depth of excavations as he may deem necessary for the public welfare.
SECTION 11. Tunnels - Power to Regulate:
Whenever -an .excavation is made by tunneling under the surface of a street,
the City Engineer shall adopt such regulations and require such special inspections
as he may deem necessary for the full compliance with all sections of this Ordinance.
Ms
SECTION 12
Overall Time Limit:
Allwork authorized by an original permit shall be completed to the satis-
faction of t1,c City Engineer -within one hundred. t.wen�-y (120) days from the date of
the original permit unFess other. -wise authorised by.the City Engineer.
SECTION 13
Removal of 04structionso
(a) Definitions: For the purposes of this Section only, the following words
and phrases are defined-
(V) "Public Street" sha.1.1 mean and include a public street, public easement,
public right--of-way, public highway, public alley, public way, or public road within
the City.
(2) "Property" shalt. mean and include any property, rail, tie, wire, pipe,
pole, conduit, or any device, fixture, appliance or structure appurtenant thereto,
installed affis::ed or located, upon, over or under any public street or public place
in this City, whether so installed, affixed or located under franchise or otherwise.
(b) City Engineer to..No.t.ia:y Owner.. Whenever the City Engineer shall
determine that it: is reasonable and necessary that any property located, in, upon,
over or under any public street or public place in. this City, owned, maintained or
controlled by any person, be temporarily disconnected. and reconnected, or permanently
oved., relocated or removed. from any public street or other public place, in order
that the 'City rna-,. , most econornica..",1, under modest,.:! x,.r eexing
r-onstru.ctiora met o s, in:st:all :, construct 'build, or
erect any public -improvement or works, in, on, over, under or along any public
street; the City. Engineer shall give written notice to the person owning, maintaining
or con.tro;i.ting such property to move, relocate or temporarily disconnect the same,
as niay be determined by the City Engineer.
(c) ' Contents of Notice - Prosecution of Work. Such notice shall identify and refer
to the property to be moved, relocated or temporarily disconnected. When relocation of
any such property is required, such notice shall designate the location in, upon, over or
under any public street or public place to which the same shall be removed. It shall be
the duty of such person, within ten (10) days after the givirig:a,of;. such nolide, or within
additional time as the City Engineer may in an emergency prescribe, p.rop.eTty designated
in such notice, and to prosecute such work diligently to completion. Nothing contained
On this section shall apply to any improvement, work or works done by this City or
other governmental agency or instrumentality, other than in a governmental capacity.
(d) Work to be Started and Completed. Diligently. No person owning, maintaining
or controlling any property located in, upon, over or under any public street or public
place in this City shall neglect, fail, or refuse to begin the work of moving, relocating
or disconnecting such property after the giving of such written notice by the City Engineer
so to do, as provided -in this section., or to prosecute such moving, relocating or
disconnecting diligently to completion.
(e) City Engineer May Complete Work and Recover.Costs. . The City Engineer
shall have power to move, relocate or temporarily disconnect -any property located
in, upon over or under any public street or public place in this City, owned, maintained
0r controlled by any person, in the event such person shall neglect, fail or refuse,
after, the giving of notice, as aforesaid, to begin the work of moving, relocating or
disconnecting the same, or shall fail to prosecute such work diligently to completion.
The cost necessarily incurred in doing said work by the City Engineer may be recovered
by the City from the person owning, maintaining, operating or controlling. said property,
subject, however, to the provisions of any franchise heretofore granted by the City of
West Covina to the contrary.
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(f) Remedies Cumulative. The punishment for. ;fiolation of the penal
provisions of this Ordinance shall. be cumulative; and in addition to the powers
conferred herein to the City Engineer, the enforcement of the penal provisions of
this Ordinance shall. not constitute a bar to the exercise by the City Engineer of the
powers herein conferred upon him by this Ordinance, nor shall the exercise by the
City Engineer of the powers herein conferred upon him by this. Ordinance conatftute,wbi ar to
a criminal prosecution for the violation of the penal provisions of this Ordinance.
• SECTION 14. Costs and Fees Paid to City:
•
The City shall deduct from any deposit made or maintained by the permittee:
(a) The permit issuance fee if that has not otherwise been paid;
(b) The cost to the City of ref.i.11.in.g any excavation or removing any
obstruction;
(c) The cost to the City calculated pursuant to the provisions of Section 30
hereof, of resurfacing the street, alley, sidewalk, or other public
place;
(d) The cost of any additional inspection by t'r_,:! Ci.ty' "
(e) The cost, of placing and maintaining of any lights, bar. ricades or
other safety equipment.
SECTION 15
Permit Inspection Fees:
The making of any excavation in any public street, alley or other public
place, pursuant to the provision of. the Ordinance, shall at al.:1 times be done under
the inspection and supervision of the City- Engineer. Before any permit is granted,
the applicant therefor shall pay to the City an- amount necessary to cover the cost
of such inspection and supervision., according to a schedule prepared by the City -
Engineer and approved by the City Council.
SECTION 16, Deposits:
Any person, intending to nnake any excavation in any street, alley or other
public place, shall snake and ;maintain with the City Clerk .a deposit of One Thousand
Dollars ,($1, 000. 00) which shall permit the issuance of permits up to five thousand
(5, 000) square .feet per month, and a deposit=of Twenty Cents ($, 20) per square foot
.for all excavations in excess of five thousand (5, 000) square feet per month; or -a
deposit equal to twice the total amount of all fees and estimated costs of resurfacing
s set forth .in Sections 15 and 30 of this Ordinance for each permit up to three (3)
permits per month.
Whenever in this section.a drt�posit is required, such.deposit may be ieither
in the fa?;m -of a ca-shierI s check or 'a good and sufficient bond in an amount equal
to the •amount of such deposit, executed by the applicant to the satisfaction and
approval of the City Engineer, made by, a reliable surety company and payable to the
City of West. Covina. . Such bond shall be conditioned .upon the payment of all. charges
required by this Ordinance, and the faithful performance of all work, and the City
Engineer is hereby empowered to enforce collection under said bond of all sums due
for charges hereunder, and for any and all damages accruing to the- City of West
Covina by reason .of faulty or defective work of the permittee. Such.bond shall be
proved by the., City Attorney, as to form and by the City Engineer as to sufficiency
before being accepted and .filed .with.tkae City. Clerk.
SECTION 17. Refund of Deposits:
After making the deductions specified in Section 14, the City shall refund,
to the applicant,, any amount still remaining in the same manner as provided by lave
for the repayment of trust moneys.
No
SECTION. 18. Insufficient Deposits or Payments:
If any deposit made is less than sufficient to pa.y all feesand cost® provided
for in Section 14, the permittee shall, upon dean -and, pay to the City.An amount equal
to the deficiency. If the permittee fails or refuses to pay such deficiency upon der nand,
the City may recover the same by action in any court of competent jurisdiction. Until
such deficiency is paid in Full, additional permits shall not be issued to such permittee.
SECTION 19. When Fees and Deposits Are Not ReSuired
In the event the work .to be,accomplished under the provisions of the permit
is to be completed under a separate contract with .the City and the inspection fees
therefor have been paid and the bonds or deposits therefor have been posted, then
the.fees, bonds ordeposits required by this Ordinance are waived.
SECTION 2O. Costs --Decision of. City Engineer:
The decision .of the City. Engineer as to the cost of any. work done or repairs
.made by him or under his direction, pursuant to the provisions of- this Ordinance shall
be final and conclusive as to such cost.
SECTION 21 Statements Furnished:
The City Engineer shall mail.a statement to every person or to his agent
in .the City on or before the twelfth (12th) day of any month showing the amount due
We City for all work performed during the previous month .by the City.
Such statement shall be paid on .or before the twenty-fifth (25th) day of 'the
month in .which it is mailed:
The City shall.deduct the cost of any work done, or repairs made by the
City, from deposits then .on hand belonging to, or that may hereafter be made by any
person .under the provisions of this Ordinance.
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SECT101117 zz�
Lq�.t;;_L �CL_iclTn. R.ejHqt,5d.1,
The perni-ittee, shall request, in writing, inspection by the City Engineer
twenty-four (24a hours i-n a-dvancc;, of the be of any work to.beaccompishe44
un.f.jer they oif. an-
-In
Section 35 b.tireof.
SECTION 23. Work To Be Done Diligently-,
.Afte,r any wark is started under the., provisions of an excavation permit,
it shalTl be prosecuted diligently axad cordinuously until completion, so as not to
Obstruct the streiA or sidf.,�wa.lk or trave). ther�--,on rnore, than is actually necessary.
In the eyc.,nt the City Engineer determines that it is impossible or impracticable
because of pk-,culiar conditions, in no way the fault of the perrnittee, to maintain safe.
travel to the abutl.dng property and to xnaintain.access to said property for emergency
vehicles, the permittee shall notify the Fire Departmer.t and Police Department at
least twenty-foij.r. (24) hours in.advance of the closing of the street, alley, sidewalk
or other public P!,ace-_ T)ae -pernnittee shall provide :access for emergency vehicles
to the abutting .to nwor],zing lizours. The. per,mittee shall have under
C�
constritc,tion no greater arnount of work than he cart properly handle with.due regard
for the rights and ronveni.ence of the public.
nlnty�'l
SECTION 24. . Traffic- Crass-ings - Barriers - Safety Devices - Resp I
No person shall makes any excavationin any street or sidewalk, without
maintaining safe crossings for vehicle traffic at all street intersections and safe
crossings for pedestrians at intervals of not more than; three hundred (300) feet.
(b) If an, exc.avation is made across any street or alley,, at least one
safe crossiz.,Lg shall be rnaintained at all. times for tie.hicles and pedestrians.
(c) Free, access roust be provided to all fire hydrants and water gates.
(d) . All expavated materials shall be laid compactly along the side of the
trench .and kept trimmed upo so as to cause as little inconvenience an poesiblo to
public travel. If the street is not wide enough to hold the excavated rxaaterisls without
using part of the adjacent sidewalks the person by whom the excavation is made shall
erect a tight board fence upon. and along such sidewalk. and keep a passageway, at
least sic 16) feet in width -open and along such sidewalk.
(e) Allgutters shall be maintained free and unobstructed for the full
Wepth of the adjacent curb and for at least one (1) foot in -width from the -face of such
curb at the gutter line. . Whenever a gutter crosses an intersecting streetany adequate
waterway shall be provided .and at all times maintained.
(f) It shall be the duty of every person cutting or making any, excavation in
or upon any public street or sidewalk. or upon.any other public place to place and
maintain at each end of such excavation .and at distance$ of not more than fifty (50) feet '
along; the line thereof the following. warAing s and barriers:
(1) Warning signs or barriers displaying words of warning
in letters not less than three (3) inches in height; the name
of the person, firm or corporation making the excavation
shall likewise appear thereon in legible letters;
• {2) Lights which shall be kept burning from sunset each day
until sunrise the following day;
(3) > Such other additional warning .signs, barriers, temporary
bridges andd watchmen, or any or all of the .foregoing as
the City. -Engineer may deem necessary and -order to be
installed, kept and maintained at such place, to safeguard
the public
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{g) The foregoing shall be maintained until the excavation is
entirely refilled and resurfaced to the satisfaction of the. City -Engineer.
(h) Whenever any person makes or causes to be made any. excavation
whatsoever in any street, sidewalk, alley or other public place. and fails to provide
or maintain barriers or other safety. devices.as required by state law, this Ordinance
or the City Engineer, then and in that event, the City., Engineer shall cause City forces
to provide or maintain such barriers or other safety devices. The amount of the
*oats thereby incurred by the City shall be a debt to the. City of the person responsible
for making said excavations and the City of West Covina may sue in any court of
competent jurisdiction for the recovery of the amount of such costs.
(i) The. City or any of its officers or employees shall not be liable
or responsible forany. accident, loss or damage as a. result of the work .performed
under the provisions of the permit, or cost or expenses in law or equity arising
out of damages -to property or personal injury received.by reason or in the course of
performing said work.
SECTION 25. - Depth. .of Excavations:
No person shall install any service pipe or main pipe, conduit,
duct, tunnel or other structure, except manholes, culverts. and -catch basins, in
y street or sidewalk at a depth .of less than two (2) feet below the established
grade of the gutter of such street or sidewalk, or less than two (2) feet below the
surface of any other public place; provided, that where by reason of the construction
of any tunnel, sewer,storm drain, structure, pipe, conduit, duct or other public
work, such.service pipe or main pipe, conduit, duct or other structure cannot..be
installed at a distance of two (2) feet below the established grade of the gutter of
such street or sidewalk or the surface of any other public place., then in..such-event, the
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City Engineer at his discretion, upon sa,.is,factor.)n, showing of the necessity therefor,
or the public benefit to accrue therefrom, may grant a special permit for such
installation at a distance less than two (2) feet below the established grade of the
gutter or :of any other public., place,
SECTION 26, . Backfilling of Excavations:
.All excavations made within. existing or future. public. rights -of -way
shall be backfilled in such a manner so as to confo:enr with the following requirements:
• (a) . The backfill material shall be placed in the excavation to an
elevation of one (1) foot above the top of pipe, conduit or structure, by hand o.r:*.o.P;her
approved method using a granular material -having a sand equivalent not less tha"h'.�..:
thirty (30), The backfill material shall b� free foxn, laigo..s.tiorie.s arid;lumps exceeding
< ;1
:three (3) inches in;.;gre-a.test dimension, -,a.nd- t'h'ar6U' gh y compacted by flooding'`arid
jetting before additional .backfill is p"� ced
(b) . Within all. existing or future paved areas used, or proposed to
be used, for vehicular travel the backfill mterial..above one (1) foot above the top
of the pipe or conduit,. and within ten.(l.0) feet of the finished surface, shall be placed
in�Ia.yers and compacted by any suitable method that will produce a relative com-
paction throughout each :layer of ninety percent (90%). . Compaction by flooding or
oftting will not be permitted on material placed within.the upper ten (10) feet of the
excavation whenever the sand equivalent value is less than thirty (30).
(c) Within all other portions of public rights--of-way not covered in
paragraph (b).of this section in which excavations are made, the backfill material
shall be placed and consolidated in such a manner that 'will provide a density equi-
valent to or greater than that which existed prior to the excavation.
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(d) All tunnels shall be backfilled by one of the following methods:
(1) With gunite sand placed with .a cement gun in accordance
with acceptable requirements for placing gunite concrete
except that no cement will be required in the backfill
material.
(2) - With earth compacted by hand directed mechanical tampers.
(3-) 'By the methods of backfilling open trenches, as described
in this section, whenever the' top of the tunnel is cut to
a "V" shape longitudinally- for the full length of the
tunnel, having the point of the "V" at the center of the
top of the tunnel and the slope of the. 'IV" making an.angle
of not less than :forty-five degrees (45°) with the horizontal.
(e) All landscaping, improvements, or other facilities within, or
adjacent to the -area of excavation. shall be protected from injury or damage. If
any such landscaping, improvements or other facilities. are injured or damaged by
reason of the permittee Is operations, they shall be replaced or restored to a
condtion as good as when he entered upon the work or as required by the City Engineer.
(f) The permittee shall furnish good and sufficient evidence that
*e backfilled material has been compacted in accordance with the provisions of this
section; or guarantee all of his work of backfilling and consolidation, - and the materials
used therein for a period of one year from the date of completion of the work -accom-
plished under the provisions of the permit.
SECTION 27. . Temporary Resurfacing.
Whenever required by the City Engineer, . all streets or portions therof
having an improved surface, including sidewalks, the top surface of the backfill shall
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be covered with :not less than two (2) inches of premixed bituminous material
satisfactory to the City Engineer and shall conform closely enough to the level Qf the
adjoining surface and shall be compacted so that it is hard enough and emogth enQ�xgh
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 the surface of
the backfill safe for pedestrian and vehicular traffic .until the excavation has been
finally resurfaced to the satisfaction of the City Engineer, and said permittee
0
*hall be responsible for all accidents which may occur due to pedestrians traveling
over or upon the site of the excavation, as well as vehicles crossing said site) at
a legal rate of speed,,.., until said excavation has been so resurfaced. If it is impracti-
cable to maintain the surface of the backfill in safe condition for pedestrian travel
or vehicular traffic, then the permittee shall maintain barriers and red lights
around it until the excavation has .been finally resurfaced as provided in Section 28
hereof.
SECTION 28. - Resurfacing and -Subgrade Requirements:
The permittee shall resurface all portions of the street, alley,
sidewalk or other paved public place, damaged ;. destroyed, or removed by his
excavation, construction, or operations. All resurfacing shall be accomplished
0 accordance with the following requirements;
(a) All materials used in t:he 'resurfacingand+.the methods -used to
place saidrnaterials shall be in accordance with the standard street specifications
of the City of West Covina.
(b) All pavement wearing surfaces destroyed'or removed, shall be
replaced to a thickness one (1) inch grater than that of the surrounding pavement
wearing surface. In .the event there is no base material to be replaced,. a minimum
of four (4) inches of wearing surface shall.be laid.
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(c) All base material destroyed .or removed shall be replaced .to
a thickness at least equal to that of the surrounding pavement base material.
(d) All treated or modified. subgrade destroyed or removed shall.
be replaced to a thickness. at least equal to that of the surrounding treated.or
modified subgrade.
(e) When, in the opinion of the City Engineer, the backfilled
material fails to provide a suitable subgrade for the resurfacing of the excavation,
&e permittee may be required to remove up to one and one-half (1-1/2) feet.of
+said.backfill and replace it with crushed rock or other suitable material. designated
by the City Engineer.
(f) Whenever required by the City Engineer,. all final resurfacing
shall be seal -coated in accordance with the standard street specifications of the
City of West Covina.
SECTION 29. Sidewalk Excavations - Resurfacing:
Where an excavation is made for the purpose of installing, removing
or.. abandoning a structure which forms a portion .ei the finished }surface of the
sidewalk, the permittee, in.lieu of the placement of a temporary resurfacing, may
permanently restore the surface of the sidewalk to the nearest scoring line of the
Oquare or squares of which the structure forms a portion of the finished surface,;.
provided, that the repairs are made by removing ,and replacing the entire portion
between the nearest scoring lines,. and that the resurfacing is done in accordance
with the standard street specifications of the City of West Covina.
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SECTION 30. City May Resurface Excavations:
After the backfilling of an excavation, if the permittee fails .or
refuses to resurface that portion of the surface of the pavement damaged by him,
or if the City Engineer elects to do such resurfacing with City forces, the City may
do such resurfacing. The costof such resurfacing shall be charged against the
permittee, except in those instances where the permittee's excavation is within .an
area of pavement to be immediately reconstructed by the City, and the resurfacing of
Oe excavation is an integral part of the general City improvement. All costs for
resurfacing shall be computed from a payment schedule prepared by the City' Engineer
and approved by the City. Council.
Specifications:
SECTION 31.
Materials and Construction to Meet Standard
All material used in any work.done under the provisions of this
Ordinance shall be new, first. class material. and shall conform to,. and the manner
of construction shall lineet all of the requirements prescribed by this Ordinance or
by the "Standard Specifications for the Construction of Street Improvements", on
file in the office of the City Engineer. . The City Engineer may order tests of any
material at the -expense of the permittee, to determine whether said materials
00eet said specifications.
SECTION 32. Defective Work .to be Corrected:
Within ten (10) days after the City Engineer notifies the permittee
that any work is defective, either in its construction or material,. the permittee
shall reconstruct or remove such .work and make it conform to the provisions of
this Ordinance.
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SECTION 33. Completion - Notification Of$
Upon completion .of all work .accomplished .under the provisions of
the permit, the permittee shall notify the City Engineer, in writing,on a form
prescribed by the City. Engineer.
SECTION 34:. _ Certificate of Final -Inspection:
When it appears to the satisfaction of the City, Engineer that all work
done under the. permit has been .constructed according to,. and meets the requirements
4kf, all the applicable provisions of this Ordinance, and that all fees and deposits have
been paid, the. City Engineer, if requested, shall cause to be issued to the permittee
constructing .succh work a certificate of final inspection. . Said certificate shall recite
that such work as is covered by the permit is in an :approved condition.
SECTION 35. - Emergency Excavations:.
Nothing in this Ordinance prohibits any person from maintair*ng
by virtue of any law, ordinance or permit,. any pipe or conduit in any highway or from
making euch excavation_as may:be necessary for the preservation of life er-.propprt�....-n
if the person making such excavation obtains a permit there for within one (lj`
_day after the offices of the City are first .opened subsequent to .the 'nzaking-'of Hs ieh
-.
excavation.
• SECTION 36: Exception May Be Granted:
Whenever the City. Engineer is permitted by this Ordinance to grant
an exception to any requirement of .this Ordinance, he shall do so only if he finds
that literal compliance with .such provision is impossible or impractical because of
peculiar conditions in no way the fault of the person requesting such exception,. and
that the purposes of this Ordinance maybe accomplished and public safety secured
by an.alternative' construction or procedure, in which case he may permit such
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alternative construction or procedure.
SECTION 37. Validity:
If any provision of this Ordinance, or the application thereof, to
any person or circumstance, is held invalid, the remainder of the Ordinance and
the application .,of such .provision to other persons or-frcumotarices- shah not be
affected thereby,
SECTION 38. Delegation of Powers:
• Whenever a power is granted to, or a duty is imposed upon, the
City. Engineer, or any other public officer, the power may be exercised' or the duty
maybe performed. by a deputy of the officer or a, person. authorized, pursuant to
law, by the officer., unless this Ordinance expressly provides otherwise.
SECTION 39. Penalty for Violation.:
Every person violating any. provision .of this Ordinance shall be
guilty of a misdertreanor, punishable by a fine of not more than .Five Hundred Dollars
($500. 00), or by improsionment in .the County Jail for not more than six (6) months,
rlr .by both .such fine. and imprisonment.
SECTION 40. Continued Violation:
.Each day during .which.any, violation of the provisions of this Ordi-
�ance continues shall constitute•a separate offense punishable as provided by this
Ordinance.
SECTION 41. Insurance Required:
During the performance of the work to be accomplished under the
provisions of the permit, the permittee shall maintain br eauseito. be maintained in
force public iliabil.ity and property darnage.-irnsurancgp in an iiisurance.compan . authbrized
to do business in the State of California, in the following amounts:
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PUBLIC LIABILITY, INCLUDING VEHICLES
Bodily injury--$100, 000, 00 each person
300, 000, 00 each occurance
Property damage $100, 000. 00 each occurance
The permittee shall file with the City Engineer, prior to 'the ips4a_nee of
any permit, either a certificate issued by the insurance carrier certifying that the
stipulated insurance policies are in effect and that ten (10) days written notice will be
Oiven the City prior to cancellation thereof or ether evidence 4f. _financial responsibility
satisfactory to the City Engineer.
SECTION 42. - Repeal of Conflicting Ordinances:
That Ordinance No. 9 of the City of West Covina, adopted March.28, 1923,
and Ordinance No. 169 of the City of West Covina, adopted May 11, 1949, and all
other Ordinances or parts of Ordinances in conflict herewith, be -and the same are
hereby repealed.
SECTION 43. The City. -Clerk shall. certify to the adoption of this Ordinance,
and prior to the expiration of fifteen (15) days from the passage thereof, shall. cause
the same to be published once in the West Covina Tribune, a newspaper of general
c,irculation:published and circulated in the City of West Covina, and thirty (30) days
om and after the final passage thereof said Ordinance shall take effect and be in
force.
ATTEST:
ROBER_T FLOTTEN
City Clerk
_21
JAY D. BROWN
Mayor of the City of West Covina
I HEREBY CERTIFY that the foregoing Ordinance was adopted at.an
adjourned regular meeting of the City Council of the City of West Covina, held on
the 26th day of- December, 1956, by the affirmative vote of .at least three Councilmen,
to wit:.
AYES: � Councilmen Mottinger, Kay, Pittenger, . Brown
NOES: Councilman Crumkey
ABSENT: None •
a
•
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ROBERT FLOTTEN
City Clerk of the City of West Covina
INDEX
Section
A
Application Form 3
Application Requirements 2
Authority to Perform Work 2
B
Backfilling of Excavations
26
C
Certificate of Final Inspection
34
• Completion, Notif ication of
33
Construction to Meet Standard Specifications
31
Continued Violation
40
Costs, Decision of. City Engineer
20
Costs, Paid to the City
14
_D
Defective Work to be Corrected
32
Definitions
1
Delegation of. Powers
38
Deposits, Insufficient
18
Deposits, Refund of
17
D
Deposits, When Not Required
19
Deposits Required
16
Depth of Excavations
25
E
Excavations, Backfilling of _ 26
Excavations, Depth of 25
Excavations, Emergency 35
Excavations, Powers to Regulate 10
Excavations, Sidewalk 29
Excavations, Traffic Safety, Barriers, Etc. 24
• Exceptions 36
F
I
Fees, When Not Regia.i.red 19
Fees Paid to City 14
Final. Inspection, Certificate of 34
Flood Control Permits 9
Franchise Requirements 7
Inspection, Request for 22
Inspection Fees 15
Insufficient Deposits and Payments 18
Insurance Required 41
Section
M
Materials to Meet Standard Specifications
O
Obstructions, Removal of
Overall Time Limit
P
Payments, Insufficient
Penalty for Violation
Permit Application Requirement
Permit, Inspection Fees
Permits, Flood( Control
• Permits, Granted Subjt ct 'to Right of City
Permits, State Highway
Permits, Kept on Job
Permits Must Be Obtained
Permits Not Transferable
Powers, Delegation of
R
Refund of Deposits
Repeal of. Conflicting .Ordinances
Resurfacing, City Forces May Do
Resurfacing, Requirements
Resurfacing, Sidewalk. Excavations
Resurfacing, Temporary
S
Safety -Precautions
Sidewalk Excavations, Resurfacing of
State Highway Permits
Staternlc�-s Furnished
Subgrade Requirements
T
• Temporary Resurfacing
Time Limits, Overall
Tunnels, Power to Regulate
V
Validity
Violation, Continued
Violation, Penalty for
W
Work to be Done Diligently
31
13
12
18
39
2
15
9
8
5
2
6
38
17
42
30
28
29
27
24
29
8
21
28
27
12
11 '
37.
40
39
23